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MAIN PAGE > Journal "International Law" > Contents of Issue № 03/2017
Contents of Issue № 03/2017
Integrational law and supernational associations
Kurbanov R.A. - Integration Processes within the framework of Economic and Monetary Union of West Africa pp. 1-30

DOI:
10.25136/2306-9899.2017.3.23177

Abstract: This article is dedicated to the Economic and Monetary Union of West Africa (UEMOA), history of its establishment, functionality, institutional structure, normative acts, as well its impact upon the national law of the organization’s member-states. The author thoroughly reviews various levels of interaction in the context of this union. The presence in such sub-regional organization of the secondary law testifies to the high level of integration processes. The conducted analysis of the work of UEMOA gives grounds for claiming that this organization is one of the most “advanced” not only in Africa, but also worldwide. The examined integration organization has an extensive institutional structure that includes the Court of Justice, Accounts Chamber, Central Bank of West African States, West African Development Bank; also is established the West African Accounting System, in the context of which formed the Guild of Auditors and Chartered Accountants, National Council of Accounting, Accredited Centers of Administration, West African Council of Accountants, Permanent Council on the questions of accounting profession. Such well-structured institutional system indicates the high level of development of the integration processes within the framework of the Union.
International civil law/private law
Pleshakova N.S. - Legal aspects of cross-border trades with the off-exchange underlying financial instruments (derivatives) pp. 31-44

DOI:
10.25136/2306-9899.2017.3.23477

Abstract: This article is dedicated to examination of the problems of choice of the applied law and jurisdiction in cross-border trades with the underlying financial instruments (derivatives), as well as issues of the parallel court and arbitration proceedings. The author analyzes the possible cases of emergence of the conflict of laws and jurisdictions that regulate the cross-border trades with derivatives, as well as indicated the ways for their resolution. The work also reviews the questions that occur from the demands raised by the regulators of various countries towards the order of conducting transaction with underlying financial instruments (derivatives) on the off-exchange market. The author analyzes the process of execution of contractual agreements between the actors of off-exchange trades with derivatives. Relevance of this topic is substantiated by the growing volume of trades with the underlying financial instruments in the international financial markets, as well as lack of due attention to the question of legal regulation of the derivative market; it is illustrated by the events of world economic crisis of 2008, as well as the emerged consequences for economy of the states and their legal systems that guarantee the rights and legitimate interests of the investors.
Development of separate branches of international public law
Mirzaev F.S. - Evolution of uti possidetis as a principle of international law pp. 45-54

DOI:
10.25136/2306-9899.2017.3.23792

Abstract: The subject of this research is the principle of uti possidetis, which takes its roots from the Roman civil law. Special attention is given to the establishment of uti possidetis as a principle of international law that regulates the questions of territorial sovereignty. The object of this research is the effective implementation of the principle in various continents. Of great importance in this work is the practice of countries and international judicial bodies, including the International Court of the United Nations and diverse specialized international organizations. The main conclusion lies in consolidation of the principle of uti possidetis as a principle of international law influenced by the practice of states and application by the international judicial bodies. Author’s special contribution consists in introducing the analysis of doctrinal views and practice of implementation of uti possidetis within the Russian-language publication.
Sagdeeva L.V. - The principle of exhaustion of rights as limitation of exclusive rights pp. 55-70

DOI:
10.25136/2306-9899.2017.3.24111

Abstract: The countries independently at the national level define the exhaustion regime with reference to the various objects of exclusive rights. Generally, three approaches to the exhaustion principle are being distinguished: national, international and regional. The principle of exhaustion is closely connected with problem of parallel imports (re-importation), when lawfully manufactured goods are imported into the country of origin. The principle of exhaustion is the limitation on the exclusive rights and the opportunities provided by this institution in relation to the subsequent use of intellectual property objects allow considering it as the limitation similar to the “free use” cases. The subject of this research is the exceptions to copyright infringement of the author’s exclusive rights, in particular the principle of exhaustion. This article considers national and international regulatory frameworks and case law. The methodology is determined by the specifics of the chosen subject and includes a set of general scientific methods (analysis, synthesis, comparison). The main conclusions consist in the following positions: none of the subjective civil rights can be limitless, especially the one in question is fair for the institution of “intellectual property”; restrictions and encumbrance  (free use, exhaustion of rights, compulsory license, and prior and posterior user right) shall be proved and not subject to extensive interpretation.
Simanovich L.N. - International legal conditions of legitimate use of the mechanisms public and private partnership in preventing crimes associated with human trafficking pp. 71-77

DOI:
10.25136/2306-9899.2017.3.23936

Abstract: This article examines the measures taken by the private sector and state enterprises that assist impeding the human trafficking, thereby reducing the income of human traffickers, and in the long view, contribute into elimination from such business. Particular attention is paid to the advantages received in case of adopting the obligations by the enterprises for upholding human rights, or contrariwise, manifestation of intolerance with regards to specific violations of human rights, primarily through consolidation in the countries’ codes of the minimal standards for regulating the working conditions in their businesses and the suppliers. The subject of this article lies in examination of the question of relevancy of formulation of the universal international standards for upholding the human rights in entrepreneurship activity and UN regulatory principles concerning business activity in the aspect of human rights. The relevance of the topic at hand is substantiated by the fact that prohibition of using the compulsory labor is one of the basic labor rights, the obligatory adherence to which is determined by the fundamental conventions of the International Labor Organization, and serve as starting point for the development of many codes of business behavior. The main methods of this scientific article is the examination, generalization, and analysis of possibility and legitimacy of the use of mechanisms of the state private partnership with regards to preventing the crimes associated with human trafficking. The scientific novelty consists in the examples of constructive measures that contribute into suppression of such practice or violation of human rights. Human trafficking emerges in the usual business practice alongside criminal business, and is not limited by such industries as entertainment or hotel business.
International civil law/private law
Voronkov N.S. - Discharge of tortious liabilities: monetary aspect pp. 78-84

DOI:
10.25136/2306-9899.2017.3.23871

Abstract: This article analyzes the peculiarities of discharge of tortious liabilities, complicated by foreign element, from the perspective of applicable under such obligations currency. The author examines the existing within the legislation of various countries approaches towards the correlation between the applicable law and obligation currency. At the present stage, it seems possible to acknowledge the absence of unity of opinions within the legal science and legislation pertaining to such problematic. At the same time, the full protection of rights of the parties affected by the transboundary tortious relations is impossible without resolving the indicated issues. Within the framework of the conducted research, the author formulates the following key conclusions: firstly, notes the dissimilarities in the nature of applicable law and currency, as well as necessity of separate determination of the currency of discharging the tortious liabilities; secondly, points at purposefulness of introducing the legislative norm that contains the disputable presumption about the application of currency of the country of main residence of a compliant, considering the restorative justice orientation of the tortious liabilities. Simultaneously, the author suggests providing opportunity to the affected party to dispute presumption, proving the violation of rights and legitimate interests of a compliant by such choice of currency.
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