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MAIN PAGE > Journal "International Law" > Contents of Issue 04/2020
Contents of Issue 04/2020
International law and national law
Lifshits I.M., Loseva A.V. - Legal regulation of crypto assets in Switzerland pp. 1-10

DOI:
10.25136/2644-5514.2020.4.34370

Abstract: The development of cryptocurrency markets make the investors to seek for most convenient jurisdictions from the perspective of legal regulation. The countries commonly associated with the developed financial legal systems are often fasten attention. One of such financial hubs is Switzerland, which just starts to form the approaches towards creation of legal regime for operations with virtual assets. The subject of this research is the Swiss legal acts in area of securities, licensing, taxes related to regulation of cryptocurrency, as well as reports of the supervisory authorities for Swiss financial market on the matter. The object of this research is the legal framework for regulation of mining activity. The authors examine the rules dedicated ti the questions of licensing of the activity related to operations with different types of tokens. Special attention is given to the question of taxation of the income received from operations with cryptocurrencies. The author’s special contribution consists in comprehensive analysis of foreign sources presented on the three European languages. Having analyzed the legislation of Switzerland, the conclusion is made that similar to many developed countries, Switzerland has not created a complex regulation of operations with cryptocurrencies. At the same time, the normative acts that regulate certain aspects of circulation of crypto assets, such as fund raising in terms of tokens distribution and taxation have been adopted. Regulation of crypto assets often depends on the qualification of different types of tokens, in other words, their regime is consigned to the operations with such assets that are most similar to the corresponding type. The increase of operations with crypto assets will soon inevitably result in creation of a more accurate legal regime
Ditsevich Y.B., Kolobov R.Y. - Potential of the Convention concerning the Protection of the World Cultural and Natural Heritage for resolution of environmental problems of the world heritage site Lake Baikal pp. 11-24

DOI:
10.25136/2644-5514.2020.4.34727

Abstract: This article reflects certain results of the research conducted within the framework of implementation of the scientific project No.0-011-00168, supported by the Russian Foundation for Basic Research, dedicated to comprehensive analysis of the international legal regimes for the protection of Lake Baikal. Emphasis is placed on the protection regime of the world heritage, realized on the basis of the cognominal convention. Recognition of the role played by the mechanisms for protection of the World Heritage in conservation of the unique ecosystem of Lake Baikal, the authors note that within the framework of Convention concerning the Protection of the World Cultural and Natural Heritage there are promising mechanisms that are currently did not receive due reflection with regards to protection of the lake. Such instruments include the list of world heritage sites that are under a threat; development of the plan for maintaining the world heritage site; strategic environmental assessment of planned activity that may negatively impact the site. The conclusion is made on the need for implementation of the following international legal mechanisms with regards to protection of Lake Baikal: inclusion of Lake Baikal into the list of world heritage sites that are under the threat, upon the initiative of the Russian Federation in case of construction of hydroengineering structures by Mongolia on the Selenga River without taking into account the priorities for preservation of the lake ecosystem; elaboration of the plan for protection of Lake Baikal as the world heritage site. The author also underlines the need to develop the plan that would become the means for harmonization of various legal regimes that ensure protection of the Lake Baikal. Attention given to the approaches towards assessing the impact upon the environment existing within the system of protection of world heritage. It is suggested to consider the recommendations of the International Union for Conservation of Nature and Natural Resources to conduct such assessment on World Heritage sites.
Question at hand
Sazonova K.L. - Responsibility of the states for the colonial era as the core trend of the modern international law discourse pp. 25-41

DOI:
10.25136/2644-5514.2020.4.33309

Abstract: This article examines the international legal responsibility of modern states, which at some point used to be metropoles (mother country) before their former colonies, as well as analyzes the question of whether the centuries-old events can serve as the foundation for implementation of modern forms of international liability of the states. The subject of this research is the historical responsibility of ex-metropoles before their former colonies. The object of this research is the modern forms of international law, within the framework of which this responsibility can be exercised. The author comprehensively reviews the content of current claims of the former colonies, namely on the payment of reparations, admission of guilt, and issuance of formal apology by ex-metropoles. The conclusion is made that current claims of the former colonies emerged within the framework of global trend of recent time, associated with the attempt to view the international relations of past eras through the prism of modern legal and political paradigm, which differs significantly. For example, the modern political-legal paradigm relies on giving absolute priority to human rights and human life, which was uncharacteristic to the previous historical periods. Therefore, the attempts of current reconsideration of historical events, laying down the reparation demands, can lead to significant deterioration of modern intergovernmental relations, rather than improvement thereof.
International law and national law
Sinyavskiy A. - OECD National Contact Points as the effective means for human rights protection from the activities of transnational corporations pp. 42-59

DOI:
10.25136/2644-5514.2020.4.33123

Abstract: This article is dedicated to the analysis of extrajudicial mechanisms of consideration of complaints – OECD National Contact Points. The object of this research is the activity of OECD National Contact Points, while the subject of is the dispute resolution procedure therein. The goal of this research consist in carrying out efficiency assessment of OECD National Contact Points as legal remedy for the persons suffered from the activity of transnational corporations. The work consists of the three parts. The first part provides brief description of the activity of transnational corporations and the concept of corporate liability for violation of human rights. The second part is dedicated to the analysis of dispute resolution procedure within the National Contact Points. The third part analyzes the effectiveness of National Contact Points as legal remedy. The author comes to the following conclusions and recommendations: due to the differences in the structure, financing, and human resources, National Contact Points of certain countries appear to be more effective than of the others. The effectiveness largely depends on the level of economic development of the OECD member-state, financing, and competences of mediators. Therefore, the National Contact Points of the developed countries represent the effective legal remedy, while in the developing countries, the parties suffered from entrepreneurial activity face barriers that impede exercising their right to effective legal remedy. The set of organizational and legal measures cans serve as the solution to the existing problems. Namely, the conclusion of bilateral agreements between the developed and developing countries on rendering legal aid and exchange of mediators is essential. The author also recommends establishing corporate liability on the domestic levee in form of fines and other sanctions for refusal of transnational corporation to comply with the decision of the National Contact Points. The provision with recommendation on consolidation of such liability should be introduced into OECD Guidelines for Multinational Enterprises.
International organizations and peaceful resolution of disputes
Shinkaretskaya G.G. - Proof in international court proceedings: articulation of the problem pp. 60-71

DOI:
10.25136/2644-5514.2020.4.32613

Abstract: One of the important elements of international court proceedings is the acquisition of information materials upon which the court makes its decisions. Such information, same as in the context of domestic courts, is called judicial evidence. The constituent documents of international courts contain very meager regulation of acquisition and evaluation of the evidence. The parties to international legal proceeding are the sovereign states, which makes it primarily adversarial. This implies that the parties represent the facts that confirm their positions. However, international courts rely on the principle of jura novit curia (“the court knows the law”), i.e. the parties to legal dispute do not need to plead or prove the law that applies to their case. This problem gains special importance due to the growing number and variety of international courts, as well as the emergence of a number of quasi-judicial institutions; in this sphere, all of them rely on the jurisprudence of the International Court of Justice. Certain new trends are traced in the practice of courts and even categories of cases that pertain to human rights.
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