Ёлектронный журнал ћеждународное право - є1 за 2020 год - —одержание, список статей - ISSN: 2644-5514 - »здательство NotaBene
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International Law
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MAIN PAGE > Journal "International Law" > Contents of Issue є 01/2020
Contents of Issue є 01/2020
Integrational law and supernational associations
Pustovalov E.V. - Mechanisms of removing the barriers and limitations impeding functionality of Single Services Market of the EAEU pp. 1-9

DOI:
10.25136/2644-5514.2020.1.31494

Abstract: The subject of this research is the process of establishment of the regime of Single Services Market of the EAEU, taking into account the approved algorithms with regards to the plans for liberalization of services marker by separate sectors, as well as prescribed by the law of the Union mechanisms of maintaining such regime that would allow removing barriers and limitations impeding its functionality. The author particularly examines the removal of barriers pertaining to trade in services via realization of the pacta sunt servanda principle; direct and indirect application of law of the Union by the national courts; work of the Court of the Eurasian Economic Union; development and implementation of the specialized mechanism of removing barriers and limitations impeding functionality of the Single Services Market. The research result consists in systematization of mechanisms that might be used to ensure compliance with the regime of Single Services Market. The author formulates recommendations on concluding the international agreement within the framework of EAEU, focused on regulation of administrative cooperation of the competent agencies of the member-states in terms of separate sectors of services, as well as regulation of the work of special commission authorized to consider requests of the services market participants, and deliver the binding for EAEU member-states decisions.
Vladykina A. - The principle of subsidiarity in jurisdiction of courts of subregional economic organizations in Africa on human rights pp. 10-28

DOI:
10.25136/2644-5514.2020.1.31123

Abstract: This article examines whether the framework of judicial discretion or commensurable doctrines of judicial respects found access to jurisdiction in the area of human rights of the three subregional courts created in the context of regional economic communities: Court of the Economic Community of West African States; East African Community Court; and Tribunal of Southern African Development Community. The author also examines the relevance of the rights of depletion of internal means of legal protection as a separate manifestation of subsidiarity in their judicial practice. The author briefly describes the key institutional parameters for each court, the role of procedural subsidiarity in form of depletion of the norm on internal means of legal protection, as well we presence or absence of substantial subsidiarity through formulation of the limits of judicial discretion. The presence of subsidiarity in form of the limits of judicial discretion is an important condition for further work of the courts of subregional economic communities in Africa on protection of human rights, since the presence of “judicial respect” with regards to the decisions of national court and political-legal decisions of the participating countries is a key to recognition and likelihood of execution of rulings of the courts of subregional economic communities on the territory of participating countries of the corresponding communities.
Theory and philosophy of international law
Shestakova K.D., Wissenberg A.S. - Evolution of discourse on fragmentation of international law pp. 29-49

DOI:
10.25136/2644-5514.2020.1.29871

Abstract: In this article the authors examine the development of modern international law in terms of the discourse on fragmentation, and set the following goals: 1) determine the phenomenon of “fragmentation” and systematize the reasons for the emergence of discourse on fragmentation; 2) trace the evolution of scientific views upon fragmentation as a phenomenon; 3) considering the currently prevalent views upon the mechanism of development of international law, as well as prevention and settlement of conflicts of norms within international law, repeatedly assess some traditional examples of “fragmentation” as the logical processes or processes posing a threat to the integrity of international law. As the examples, the article analyzes such classical disputes as the Decision of the Appeals Chamber of the International Criminal Tribunal for the. Former Yugoslavia in the case of Dusko Tadic, as well as decision of the UN International Court on Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), series of cases regarding MOX plant, CME and Lauder v. Czech Republic, and others. It took almost a quarter of century for the science of international law – since the beginning of discussion of fragmentation until the “farewell” with fragmentation – to accept itself as an integral, but flexible legal system over again. The conclusion is made that the discourse on fragmentation and utilization of the term “fragmentation” had a so-called therapeutic effect for the theory of international law, allowing it to shift the focus, reassess and reconsider itself as a system that existed in all diversity and multiplicity of actors engaged in the process of its creation and application.
International civil law/private law
Isai S.S. - УManifest Disregard of LawФ Doctrine as the grounds for cancellation of arbitration decisions FINRA (United States) pp. 50-59

DOI:
10.25136/2644-5514.2020.1.32496

Abstract: This article explores the process of emergence and practical implementation of the “Manifest Disregard of Law” Doctrine as the grounds for cancellation of arbitration decisions rendered in accordance the rules of Financial Industry Regulatory Authority of the United States (FINRA). The content of the doctrine is formulated by the Supreme Court of the United States. De jure, it is not one of the bases for cancellation of arbitration decisions stipulated by the Sector 10 of the Federal Arbitration Act of 1925; de facto, this doctrine constitutes a new independent basis for such cancellation. The scientific novelty consists in the fact that the “Manifest Disregard of Law” Doctrine has not been examined within the Russian legal science, excluding the instances of brief mentions. The conclusions is made the revelation of facts of the “manifest disregard of law” by the arbitrators does represent independent grounds for cancellation of arbitration decision along with other grounds established by the Federal Arbitration Act of 1925. At the same time, practical application of such grounds by the state courts is associated with the need for compliance with the existing limits of the procedural freedom of arbitrators.
International law and national law
Rybakov A.V. - The peculiarities of implementation of UN international agreements on the questions of space activity into the national legislation of EU member-states pp. 60-80

DOI:
10.25136/2644-5514.2020.1.30245

Abstract: The subject of this article is the process of implementation of UN international agreements on the questions of space activity into the national legislation of EU member-states. The author leans on the fact that considering the insignificant volume of national space legislation passed in the EU member-states, as well as differences of legal framework in regulation of space activity, the actors of space activity can shift their space activity into the countries with more favorable space legislation. For the purpose of prevention of this trend, on the EU level there is a trend on unification and harmonization of legislation and policy in the area of space activity. The conclusion is made on the different approach and disaccord in the practice of implementation of the norms of international agreements into the national space legislation. Particularly, in the national space legislation of the EU member-states, there are differences in exercising state control over the activity of nongovernmental legal entities, namely in the procedures of obtaining a permit for realization of space activity by the actors of space activity outside the national borders. There is also discrepancy in the questions of licensing of space activity: different requirements for license acquisition and terms of application processing, as well as various national authorities executing the function of licensing of space activity.  Approaches also vary with regards to the questions of responsibility for the harm inflicted by space object, so is the practice of creation the national register of space objects launched by the states.
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