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MAIN PAGE > Journal "International Law" > Contents of Issue 03/2019
Contents of Issue 03/2019
Integrational law and supernational associations
Evdokimov M.A. - The Capital Markets Union and legislative reform of the EU Single Financial Market pp. 1-7

DOI:
10.25136/2306-9899.2019.3.29918

Abstract: This article examines the key measures of the project of building the Capital Markets Union (CMU), introduced in form of legislative proposals of the European Commission in accordance with provision of the Strategy on building CMU of 2015 and Midterm Review of 2017. The European Union is determined to reform the current regulatory acts in the sphere of financial services and introduce a number of new ones for regulating the areas that have not previously been the subject of attention for a European legislator. The author reviews the relevant reforms of the European Union that touch upon the Prospectus Directive, activity of insurance and investment companies, and financial instruments market. The author concludes that the important project of CMU aimed at realization of one of the key freedoms of domestic market – freedom of capital flow, is yet to be completed. Due to the dynamic development of financial markets in the European Union, substantiated particularly by the advancement of modern technologies, the implementation of the project of CMU attains a long-term character.  
Mescheryakova O.M. - Legal regulation of financial sphere in the European Union and formation of the single market for financial services pp. 8-13

DOI:
10.25136/2306-9899.2019.3.30177

Abstract: The organizational-legal forms the EU financial sector regulation are of paramount importance for the successful development not only in the indicated sphere, but the integration overall. The financial market reforms in the European Union lingered for over a decade, and was conducted gradually in accordance with the Lamfalussy, and followed by Larosière proposals that, in turn, became a challenge for testing in crisis circumstances the flexible legal mechanism, which framework was established in the previous decades. This article also touches upon the pivotal aspects of decision-making process in this field. The research methodology contains the general and specific scientific methods of analysis, synthesis, comparison, systemic approach, and historical method. The author underlines that the legal regulation mechanism of the EU financial sector during the implementation of Lamfalissy Plan was characterized with inclination towards the national regulation, while the established structures were oriented towards the creation of the single market for financial services in favorable conditions. The global economic crisis enhanced the tendency to strengthening the supranational control over the financial sector. The reform of Jacques de Larosière, conducted in the crises circumstances, was aimed at enlarging the role of the bodies of the European Union of the second and third pillar. It is concluded that the legal regulation of EU market for financial services is undergoing improvements. The flexibility of the current legal mechanism allows to find new development vectors in the conditions of multispeed integration, as well as overcome negative consequences of crisis events caused by the external factors.
International law and national law
Kurchinskaya-Grasso N. - The issues of considering childs opinion in settling cross-border disputes on protection of custody and visitation rights pp. 14-22

DOI:
10.25136/2306-9899.2019.3.30153

Abstract: The subject of this research is the analysis of the regulations of the Chapter 2, Article 13 of the adopted in 1980 Hague Convention on the Civil Aspects of International Child Abduction pertinent to taking into account child’s opinion in judicial consideration of the question on child’s return to the country of habitual residence. The object of this research is the relations established in the context of settling cross-border disputes on protection of custody and visitation rights. The author underlines the flaws in regulations that determine child’s opinion. Special attention is given to the position of the European Court on Human Rights, courts of Russia and Italy. The article formulates recommendations on improving legislation of the Russian Federation aimed at implementation of norms of the Convention. The main research objective lies in the analysis of the legal, theoretical and practical aspects of determining and consideration of child’s opinion, who has been unlawfully relocated to another county and retained therein. The scientific novelty consists in comprehensive examination of the regulations of Chapter 2, Article 13 of 1980 the Convention, known for the ambiguous approaches towards interpretation and application: the terms “child’s objection”, “child’s opinion” and “child’s consent” are not identical, which needs to be reflected in the Russian legislation; child’s opinion should be taken into account at the stage of judicial consideration, as well as enforcement of court decision pertinent to return of a child to the country of habitual residence; establishment of minimum age of 7 years old, upon attainment of which the courts are obligate to find out child’s opinion in settling cross-border disputes based on regulations of the 1980 Convention.
Integrational law and supernational associations
Shugurova I.V. - Unification of legal regulation in the area of protection of geographical indications and designation of origin of products in the European Union pp. 23-40

DOI:
10.25136/2644-5514.2019.3.30390

Abstract: The subject of this research is the unification of EU legislation with regards to protection of geographical indications and designation of origin of products due to increasing economic importance of these objects of intellectual property. Special attention is given to the analysis of basic policy of the Regulation of the European Parliament and the Council of the European Union of November 21, 2012 No. 1151/2012 “On quality schemes for agricultural products and foodstuffs”, as well as to examination of the initiatives on further harmonization of legal regulation at the EU level. The author applies the comparative law method for contrasting the legal framework of EU and EAEU. The scientific novelty is defined by the fact that legal protection of geographical indications and designation of origin of products in the European Union is viewed from the perspective of establishment of the Digital Single Market and advancement of electronic trading platform. The comparison of these intellectual property objects with trademarks allowed determining not only the significance of protecting economic interests, but also public interests. The author concludes that at the regional level the European Union has created the legal framework for effective protection of geographical origin of the agricultural and food products in terms of the intellectual property institutions. The author suggests amending the regional system with the new legal tools concerning the protection of geographical indications with regards to industrial goods.
Question at hand
Belikova K.M. - The analysis of multilateral international regulation of foreign investments from the perspective of the Asian Energy Ring countries (China, South Korea and Japan) pp. 41-52

DOI:
10.25136/2644-5514.2019.3.30537

Abstract: This article examines the approaches of the “Asian Energy Ring” countries towards international legal acts pertaining to foreign investment – Convention “On Settlement of Investment Disputes between States and Nationals of Other States” (Washington, 1965); Convention “Establishing the Multilateral Investment Guarantee Agency” (Seoul, 1985); OECD Draft Convention “On Foreign Property” (1967); and acts of the World Trade Organization (The General Agreement on Tariffs and Trade, etc.). The existing law enforcement practice is provided. The scientific novelty consists in the analysis of provisions of the aforementioned legal acts applicable to the their positions in the countries under consideration – China, South Korea and Japan. The following methods were used in the course of this research: general scientific, dialectical, historical, and comparative legal analysis. The author relies upon subjective-objective set of processes. The conclusion is made that the international legal acts are an effective mechanism for ensuring (for example, Seoul Convention) and protection (for example, Washington Convention) of the investors’ interests.
Development of separate branches of international public law
Agrba M.R. - Categories of officials in international law and inevitability of punishment pp. 53-66

DOI:
10.25136/2644-5514.2019.3.29409

Abstract: The subject of this research is the specificity of conferring immunity upon state officials overall, as well as highest officials in particular. The goal of this work lies in clarification of the category of state officials who currently possess various types of immunity, as well as identification of circumstances for instituting criminal proceedings against them; differentiation of the existing gaps in the international law with regards to this area of regulation; formulation of methods for their solution, considering the analysis of the relevant scientific sources. The research materials include the official reports  of the United Nations General Assembly, case law of the International Court of Justice, documents of the International Law Commission. The article analyzes the current state and problems in the area of according personal immunity (ratione personae) and functional immunity (ratione materiae) to the state officials in the international law. Special attention is given to the category of highest officials. The activity of the International Law Commission in this field. The conclusion is made that the fundamental category of immunity of an official, as the terminological framework for other international legal mechanisms, remains undeveloped, which impedes their effective implementation. The author argues the anticipation of suggestions on extension of the immunity ratione personae upon other categories of officials. The author recommends introducing amendments to the national legislations, reduction of the category of persons qualified for personal immunity, legitimation of lifting immunity for criminal prosecution by the foreign court, documentation of impossibility of refusal to be extradited.
Skaridov A. - Right to appropriation of the objects of glacier water storage pp. 67-76

DOI:
10.25136/2644-5514.2019.3.30457

Abstract: Today, the Arctic is viewed as a popular object of competition in the military and political ambitions, additional deposit of mineral resources, or a new international transportation highway, where diminishing ice sheet is perceived as a benefit. However, the decreasing ice means decreased cache of fresh water, the rights to which are not legislatively defined, though the significance of this resource is not lesser than the hydrocarbons of the Arctic shelf.  The subject of this research is the norms of international law regulating the extraction of the glacier water from the natural environment and expanding the covering the property rights. The object of this research is the legal relations stemming from the stipulations of international treaties and national legislation that form the legal regime of exploitation of fresh water resources in glacier formations in the Arctic territories. The main conclusion of the conducted research consists in the fact that the object of glacier water storage are a part of natural resources, and can be covered by property rights, volume of which depends on the legal regime of the area of their extraction. The current international law does not establish the legal regime for appropriation and further exploitation of “objects of glacier water storage” and does not provide obvious foundation for extension of property rights to the aforementioned objects. The author’s contribution to the research of this topic consists in the combination of positions that can form juridical content of the concept of “objects of glacier water storage” and regulation of appropriation of these objects.
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