International Law - 2 2018
International Law
12+
Journal Menu
> Issues > Rubrics > About journal > Authors > About the Journal > Requirements for publication > Editorial collegium > Peer-review process > Peer-review in 24 hours: How do we do it? > Policy of publication. Aims & Scope. > Article retraction > Ethics > Copyright & Licensing Policy > Publication in 72 hours: How do we do it? > Digital archiving policy > Open Access Policy > Open access publishing costs > Article Identification Policy > Plagiarism check policy
Journals in science databases
About the Journal

MAIN PAGE > Journal "International Law" > Contents of Issue 02/2018
Contents of Issue 02/2018
Development of separate branches of international public law
Shugurov M.V. - World Bank: assistance to knowledge distribution and technology transfer for the purpose of sustainable development pp. 1-15

DOI:
10.25136/2306-9899.2018.2.26901

Abstract: The subject of this research is the activity of World Bank in the area of knowledge distribution and technologies essential for ensuing the transition to sustainable development. The author carefully analyzes the transformation of agenda of the World Bank’s activity due to inclusion of policy objectives stipulated by the Agenda for Sustainable Development for the period until 2030, along with the tasks 17.6-17.8 providing the activation of international cooperation regarding the development and transfer of environmentally friendly technologies. The systemic approach allows demonstrating the assistance to development and transfer of knowledge and technologies as an independent subsystem in terms of the common thematic space of operation of the World Bank. The comparative legal method determined the specificity of the World Bank’s mandate in the area of knowledge distribution and technology transfer in comparison with other international organizations. The dogmatic legal method was applies for examination of the bases of implementation of political commitments on development and transfer of technologies. The author concludes that the assistance of World Bank in development and transfer of technologies for the purpose of sustainable development is realized in two forms: the first one is the distribution of knowledge about the new technologies, as well as the mechanism of their transfer, which contributes to capacity building in the field of technology transfer as a ling of innovative cycle; the second one is the assistance to the world economic development (trade, investments) that creates a favorable climate for distribution of the “sustainable” technologies. The scientific novelty consists in demonstration of the vectors of World Bank’s activity on interlinking the scientific progress and the sustainable development.
Shilina M.G. - Trade and Economic Cooperation Agreement between EAEU and PRC: international legal analysis pp. 16-26

DOI:
10.25136/2306-9899.2018.2.26701

Abstract: Substantiated by the processes of expanding regionalization and globalization structure of international legal relations becomes more complicated, as well as develops its complex types. Trade agreements as a type of international treaties that used to be sign only between the states to regulate their trade and economic relations, concede to the agreements between the more considerable subjects of international law. Such trend is also applicable to the processes currently taking place in Eurasia: the rapid process of concluding trade agreements between the integration association – the Eurasian Economic Union (EAEU) on one hand, and its partner nations on the other. One of such agreements became the Agreement on Trade and Economic Cooperation between EAEU and China, signed on May 17, 2018 within the framework of the Astana Economic Forum. The analysis of the indicated document seems especially relevant for determination of the effects of its signing and scenarios of further cooperation, particularly in terms of integration of the EAEU and China’s initiative “One Belt – One Road”. The author concludes that this non-preferential Agreement sets a high standard of regulation in various spheres of international economic relations; improves the terms of accesses to the China’s market with the domestic goods through simplification of the trade procedures and promotion of the transparency level. The Agreement can become an efficient basis for the future practical implementation of the concept of Big Eurasia.
Labut D.A. - Concept of the natural prolongation of the land territory of a country in the documents of the Commission on the Limits of the Continental Shelf pp. 27-46

DOI:
10.25136/2306-9899.2018.2.26992

Abstract: The subject of this research is the concept of the “natural continuation of the land territory of a country” inextricably associated with the emergence and development of the continental shelf institution in the international law. This aforementioned concept, of a natural scientific origin, attained a special legal content, as well as consistently appears in decisions of the international courts, arbitrations, documents of international authorities, and international legal standings of the countries pertinent to the maritime boundaries. It plays a discrete role in determination of rights of the littoral countries to the shelf beyond the limits o 200 nautical miles from the baseline and establishment of its external boundaries with reference to the locality. Namely this explains the relevance of the meaning of term, in this case, in recommendations of the Commission on the Limits of the Continental Shelf – the authority that is systematically engaged in implementation of the Article 76 of the United Nations Convention on the Law of the Sea of 10 December 1982. The research demonstrates the discrepancy of the current international practice concerning the role of “natural prolongation” in the acting maritime law. The international legal assessment of documents of the Commissions vary. From the author’s standpoint, the concept is important of determination of rights (“title”) of a littoral state to the corresponding sectors of seabed and resources within, but not for the establishment of exact boundaries of the shelf with reference to the Locality. The question on the role of the indicated concept, its precise meaning and content is subject to further consideration within the framework of the mechanisms of dispute settlement.
International civil law/private law
Belikova K.M., Muthanna A.Y. - Legal regulation of the work of the international commercial arbitration on Jordans legislation pp. 47-59

DOI:
10.25136/2306-9899.2018.2.26953

Abstract: This article makes an attempt of cover the approaches of a Jordan legislator towards the question of legal regulation of the work of the international commercial arbitration, as well as examines its key aspects. Attention is given to the procedure of disputes consideration by the international commercial arbitration from the perspective of selection and qualification of arbitrators, language of proceedings, list of requirements to the provided by the involved parties to each other and arbitration evidence, including documents. The authors review the stage of rendering a decision by arbitrators, considering the requirements to a decision and possibility to appeal that decision. The scientific novelty lies in examination of the arbitration proceeding in Jordan, which has not been previously a subject of research, and thus enriches the Russian science with new data and information, introducing it to the scientific discourse. A conclusion is made that the international commercial arbitration is an effective instrument for consideration of the international commercial disputes, which is most often used by the partied of various legal systems as a mechanism of rapid and efficient decision-making.
International law and national law
Ilyasov A.A. - Problem of implementation of the principle of equality of arms in the Russian civil procedure pp. 60-65

DOI:
10.25136/2306-9899.2018.2.26498

Abstract: This article discusses the topic of ensuring the European standards in delivering justice in the Russian civil procedure due to proclamation in practice of the European Court of Human Rights of the requirement of the “equality of arms” of procedural opponents that are an intrinsic element of the fair trial. The indicated problematic gains special relevant for the post-Soviet Russia in light of the attempts made by a legislator over the two recent decades aimed at enhancing competitiveness of the framework in the civil and arbitration proceedings. The author analyzes the rules on disclosure of evidence (Chapters 3 and 4 of the Article 65 of the Arbitration Procedure Code of the Russian Federation) and “implied recognition” (Chapter 3.1 of the Article 70 of the Arbitration Procedure Code of the Russian Federation). A conclusion is made that the specified institutions demonstrate the unsuccessful attempt of a legislator on strengthening the private-legal fundamentals in arbitration procedure in the spirit of European standards of delivering justice. The scientific novelty lies in the assessment of the fundamental procedural institutions through the prism of the international legal standards.
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.
"History Illustrated" Website