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MAIN PAGE > Journal "International Law" > Contents of Issue № 01/2013
Contents of Issue № 01/2013
International civil law/private law
Erpyleva N.Y. - International commercial arbitration: institutional bases for its functioning. pp. 1-74

DOI:
10.7256/2306-9899.2013.1.545

Abstract: This article is devoted to the complex topical issues regarding functioning of the international commercial arbitration. The combination of legal norms regulating organization and functioning of international commercial arbitration forms international arbitration procedural law, which is a branch of international procedural law, and a sub-branch of the international private law.  In this article the international commercial arbitration is understood as a court of private arbitration, whether permanent or formed for ruling on a specific case, the main goal of which is to hear and resolve international commercial dispute in a certain procedural form by  making a decision, which is binding to the parties. The article contained detailed analysis of definition, legal nature, competence and types of international commercial arbitration, definition, types and conditions for the validity of international arbitraton clauses, the procedure for recognition and enforcement of foreighn arbitral decisions. The scientific analysis is made with the reference to various normative legal sources, including national legislation and international treaties.   
Integrational law and supernational associations
Postnikova E.V. - Legal regulation of professional qualification recognition in the sphere of provision of services in the European Union. pp. 75-122

DOI:
10.7256/2306-9899.2013.1.592

Abstract: The main goal of this article is to single out specific features and tendencies of development of legal regulation in the sphere of professional qualification recognition in provision of services  in the European Union. Since recognition of professional qualification and qualification documents is one of the key forms of mutual recognition, the author discusses the issue of contents of mutual recognition institution.  Attention is paid to the existence of various doctrinal approaches to classification of mutual recognition. Based upon analysis of the EU secondary law and the practice of the Court of Justice of the European Union, the author evaluates the formation of the mechanism for regulation of the professional qualification recognition.  The article contains general characteristics of various attempts to harmonize the legislations of the EU Member States in the sphere of professional qualifications based upon the sectoral approach, minimum education standards and general system of mutual recognition, and their negative features.  Much attention is paid to the Directive 2005/36 on recognition of professional qualification from the standpoint of provision of services.
International law and national law
Gidirim V. - The principle of company residency in the international tax law. pp. 123-170

DOI:
10.7256/2306-9899.2013.1.427

Abstract: The article provides detailed analysis of the modern theory of tax residence, which is used by the developed tax systems of the foreign states. This concept is absent in the Russian tax legislation, which is a significant gap in the tax regulation of economic activity and it gives way for tax evasion. The Ministry of Finances of the Russian Federation announced the need to introduce this concept into the Tax Code of the Russian Federation in accordance with its "Key Directions for the Tax Policy in the period from 2013 to 2015". Due to this fact this article is quite topical within the framework of upcoming legislative changes. The article includes not only theoretical bases for the tax residency concept for legal entities, but also analysis of judicial practices of various states, which use it, as well as some critical comments in part of adequacy of its application in the modern high technology international economy at the age of electronic commerce.  The article may be of interest to all those interested in the problems of modern tax policy.
Razumov Y.A. - Some specific constitutional legal features of implementation of international legal norms in the military sphere in the foreign states. pp. 171-183

DOI:
10.7256/2306-9899.2013.1.684

Abstract: Evaluation of the issues regarding interaction between international and nationallaw in the military sphere is helpful for theoretical understanding of the issues of state security guarantees from internal and external threats, national security, preservation of state sovereignty and territorial integrity of the Russian Federation in the legal field.  An especially topical aspect concerns implementation of norms of international law in the foreign states. The scientific novelty of the article is due to distinguishing constitutional norms of foreign states in the military sphere.  Evaluation of the foreign experience in the sphere of constitutional law regulation of interaction between international and national law in the military sphere may be of assistance for the understanding of the primary causes of certain events during interactions or tensions among the states.  It seems especially important when concluding international treaties, since it allows for correct accentuation of the issues regarding implementation of treaty provisions.  In the modern world much attention is paid to the national legal implementation, since it serves as a guarantee of performance of international law obligations by the states, in spite of political character of many decisions regarding internal and foreign policies of states.
International courts
Kalamkaryan R.A. - Role of the International Court of Justice in maintaining international legal order pp. 184-214

DOI:
10.7256/2306-9899.2013.1.690

Abstract: The article shows the role of the International Court of Justice  in maintaining of international legal order. The article includes the historic analysis of the institution of a universal judicial body. The article contains analysis of the the characteristics of this judicial body, which make it the most influential element within the system of maintaining the legal order and compliance with the international law. The author compares it with the arbitration, evaluates the nature of the international legal dispute, the principle of supremacy of law, as well as good faith and compliance with the international legal obligations within the domestic legal order. The article includes analysis of various characteristic features of the ICJ as an international judicial body in comparison with the national judicial bodies of the states. The author also analyzes some aspects of judicial procedure, definitions of rule of law and universal legal order, as well as the key elements and characteristic features of the universal legal order.
History of international law
Grigor'eva O.G. - Theoretical bases for the international legal assistance in civil cases in accordance with the Soviet legal science. pp. 215-306

DOI:
10.7256/2306-9899.2013.1.344

Abstract: The article is devoted to theoretical basis of the institution of international legal (inter-court) assistance in civil cases. The author studies historical prerequisites of formation of this institution in the Soviet law.  She analyzes  the theoretical developments of the Soviet civil law scholars and procedural law scholars in the sphere of definition and nature of international legal assistance in civil cases.  The author provides her own definition of  the term "international legal assistance on civil cases", and she provides a historical picture of formation of this term in the Soviet law and international treaties of the USSR on legal assistance. The author also singles out and classifies the principles of the said legal institution.
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