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MAIN PAGE > Journal "International Law" > Contents of Issue № 01/2023
Contents of Issue № 01/2023
International courts
Katrovskaya E.A. - The 2022 Sanction Challenges for International Commercial Arbitration and Methods of Resolving them pp. 1-9



Abstract: The subject of this study is the impact of the sanctions policy imposed against the Russian Federation in 2022 on international commercial arbitration. For that purpose, we analyse the restrictive measures that have had a major impact on dispute resolution in international commercial arbitration involving Russian and sub-sanctioned persons. An important part of the study is an analysis of current practice in this area and the difficulties arising in order to develop recommendations and possible means of overcoming them for the continuation of international arbitration in Russia and access to justice for sanctioned persons. Over recent years, international commercial arbitration has become one of the most common means of dispute resolution, not only abroad, but also in the Russian Federation. However, the international nature of arbitration makes it highly sensitive to sanctions. Since the implementation of anti-Russian sanctions, especially in 2022, it became evident that the field of international commercial arbitration faces inevitable difficulties in terms of cooperation with foreign jurisdictions and its operation in general. The impact of restrictive measures on international commercial relations cannot be overestimated, with the number of cross-border disputes only increasing, which makes international commercial arbitration more than relevant and requires new solutions to overcome existing challenges. The research leads to a number of conclusions: the 2022 sanctions have certainly affected the world of arbitration but have not put an end to arbitration institutions in general; they have led to a global reorientation towards Asian arbitral institutions and a strengthening of Russia's position as a place for arbitration; parties to arbitration proceedings are finding new and successful solutions to the restrictive measures; many foreign jurisdictions are slowly softening their policy towards arbitration.
Development of separate branches of international public law
Primov M.N. - International Legal Regulation of the Use of Landmine Weapons: Classification Problems pp. 10-26



Abstract: The article notes the increased urgency, due to the significant aggravation of the international situation, of solving problems related to the use of landmine weapons, the victims of which are not only military personnel, but also civilians. Despite the considerable efforts made over a long time and the agreements reached, the mine problem is still far from being resolved. Peaceful initiatives related to the implementation of the basic principles of international humanitarian law, its improvement, are still the main direction of activity of the modern State, which meets the basic needs of citizens, the purpose of which is to resolve conflicts at all levels. In modern conditions, peace initiatives that implement and develop previously reached agreements, including on the use of landmine weapons, are of particular importance. In this article, based on a comparison of the definitions of this weapon, the established restrictions, prohibitions on its use used in the two main acts of international humanitarian law on the mine problem, it is proposed to solve the issue related to the classification of landmine weapons used in the treaties, including anti-personnel mines. It seems obvious that the solution of this issue, the use of definitions that are uniform for treaties on similar issues, is an important initial condition that allows for objective control over the implementation of international agreements.
International law and national law
Adzhba D. - Dual Nationality or Bipatrism as a Result of Bilateral Cooperation Between States pp. 27-39



Abstract: The subject of the study is dual nationality or bipatrism as a result of bilateral cooperation of states on issues of nationality. International legal cooperation of states on issues of nationality, in particular dual and multiple nationalities, is implemented through the conventional mechanism, that is, through the conclusion of bilateral and multilateral treaties. Treaty settlement of problems caused by the status of bi- and polypatrism is currently the most effective tool, because domestic norms, due to their unilateral action, are not able to fully respond to the newly emerging phenomena of interstate communication, among which the most urgent are the issues of nationality, in particular dual and multiple nationality. The author examines the differences between the terms "multiple nationality" and "dual nationality" on the basis of international agreements, in connection with which the conclusion is made about the lack of similarity in the content of these terms due to different legal regulation. The author analyzes the treaty practice on issues of dual nationality on the example of bilateral agreements. The author gives a modern classification of treaties on dual and multiple nationality, reflecting the current approaches of the states to these phenomena. The author concludes that despite the large number of bilateral agreements it is necessary to develop a new universal approach to the international legal regulation of multiple and dual nationality, which would reflect the current practice of legal regulation of bi- and polypatrism.
International civil law/private law
Kurochkina E.M. - Legal Problems of Enforcement of Foreign Arbitral Awards set aside at the Place of Arbitration pp. 40-49



Abstract: The Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (the 1958 New York Convention) allows recognition and enforcement of arbitral awards in most countries of the world. Court practice of the states has revealed some problems of application of the 1958 New York Convention. One of such problems is recognition and enforcement of the arbitration award cancelled by the state court in the place where it was made. In the process of research of legal consequences of execution of annulled arbitral awards both general scientific methods of knowledge (analysis and synthesis, induction and deduction, generalization) and special scientific methods (formal-logical, formal-legal and method of legal prediction) were used. The scientific novelty of this work is the rationale that the recognition and enforcement of annulled arbitral awards lead to negative consequences. Enforcement of arbitral awards annulled at the place of their rendering undermines the status of such institution as arbitral dispute resolution and the whole system of acts aimed at regulating the activity of arbitration. Execution of such decisions leads to a violation of the principles of legal certainty, lis pendens, res judicata, pacta sunt servanda, and most importantly - violates the rights of participants in arbitral proceedings. It is noted that attempts are being made to amend the mechanism of recognition and enforcement of arbitral awards, established by the 1958 New York Convention, with regard to the enforcement of annulled arbitral awards. It is proposed to make such changes through the adoption of an additional protocol to the 1958 New York Convention or a new international treaty.
Development of separate branches of international public law
Golovinov A.V., Golovinova Y.V. - International legal standards of women's rights: genesis and current state pp. 50-60



Abstract: This publication is aimed at understanding the evolution of the content of international legal standards of women's rights. Based on the hermeneutical analysis of the main international legal acts, an attempt is made to show the historical genesis of the consolidation of women's rights in the acts of the United Nations. The authors found that at the international legal level, women's rights were not considered in isolation from men's rights and were based on the construction of equal identical rights of representatives of both sexes. The authors emphasize that the progressive movement of political and legal emancipation of women continues in the general tone of tactics and constructions of international legal regulation of human rights, which started in the previous century.In general, it was revealed that progress in determining the essence and content of women's rights proceeded naturally and evolutionarily. International conventions and covenants in this area have been progressively adopted. The current state of international legal regulation of the institute of women's rights as a whole is developing according to the scenario laid down in the vt. gender. XX century . The authors came to the conclusion that on the way to achieving gender equality on a global scale, international acts increasingly required States to implement the principles of equality of men and women in their constitutions and the current legal system.
Belozertsev S.M. - Nuclear Disarmament: Some Aspects of International Legal Regulation pp. 61-69



Abstract: The subject of the study of this article is some aspects of the problem of nuclear disarmament, which are highlighted, among other things, from the perspective of the ongoing military special operation in Ukraine. The history of the creation of the nuclear disarmament regime is traced. The main documents regulating the procedure of nuclear disarmament are characterized. The ways of strengthening and finding a compromise in the issues of nuclear disarmament in the world have been identified. The analysis of the problem of nuclear disarmament, which is at the center of international relations and is relevant in the theory of international law, is given. The author has studied the international legal regulation of nuclear disarmament, identified its problematic aspects. The main documents in the field of legal regulation of nuclear disarmament are the Treaties on the Non-Proliferation of Nuclear Weapons, the Comprehensive Nuclear Test Ban Treaty, as well as the International Monitoring System created for its implementation. The existing international legal system of control over nuclear disarmament, non-nuclear testing, and the use of atomic energy exclusively for peaceful purposes does not always prove its effectiveness, as a result of which countries with unstable political situation possess nuclear weapons, which entails an additional threat to the world community. As a result of the analysis, it was concluded that the current system of international monitoring of nuclear tests and the system of international regulation of nuclear disarmament need to be modernized in order to eliminate the threat of proliferation and use of nuclear weapons. Currently, the development of technologies for the enrichment of radioactive substances, the emergence of new threats and other factors create significant obstacles to the preservation of the nuclear disarmament regime.
International civil law/private law
Pavlova O.A. - "Judicial Convention": Issues of Jurisdiction pp. 70-82



Abstract: Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Cases of July 2, 2019 (The 2019 Convention) offered us the option of universal regulation of recognition and authorization of execution of a foreign judgment. However, is he that good? The aim of the work is to identify the advantages and disadvantages of the new universal legal regulation in relation to the issue of jurisdiction. The author analyzes the approaches used in the national legislation of various states to consolidate the rules of international jurisdiction for the purposes of recognition of foreign judicial decisions. General scientific and special methods of cognition, including formal-logical and comparative-legal, were used as research methods. The article demonstrates the dependence of the legal consequences of accession to the 2019 Convention on the approach implemented in national legislation to the regulation of indirect international jurisdiction, as well as on the ratio of the scope of competence of national courts according to national legislation and the jurisdictional filters established in the 2019 Convention. The conclusion is substantiated that the conclusion of the 2019 Convention on the proposed conditions on indirect international jurisdiction does not meet the interests of the Russian Federation. As a measure to increase the competitiveness of the jurisdiction of the Russian Federation, it is proposed to introduce into national legislation legal norms on indirect jurisdiction that consolidate the recognized competence of foreign courts in an amount not exceeding that which defines the competence of national courts to consider cases with a foreign element.
International law and national law
Cherepanov M.M., Byvaltseva S.G. - About some actual problems of the organization and activity of the Prosecutor's Office of the Russian Federation on participation in international cooperation pp. 83-95



Abstract: The subject of the study is the materials of prosecutorial practice, as well as the norms of current laws and international legal acts of the Russian Federation. The object of research in the article is some current topical problems of the participation of the Russian Prosecutor's Office in international cooperation. According to the authors, at present, the activity of prosecutors in the field under consideration cannot be called a perfect line of activity of the domestic prosecutor's office. The problems of subjective (lack of necessary practical experience of participation in international cooperation among individual prosecutors) and objective (shortcomings in legal regulation, scientific and theoretical shortcomings, the geopolitical situation in the world, and others) are investigated. Based on the results of the study of these problems, the necessity of their mandatory solution is emphasized and the author's vision of some complex ways to overcome them is proposed. At the same time, the authors propose to pay special attention to improving the regulatory framework, continuing the diplomatic policy of the Prosecutor General's Office of the Russian Federation on concluding bilateral agreements with the competent authorities of foreign states on cooperation in the criminal procedure sphere and in cases of administrative offenses, as well as preparing appropriate educational and methodological and scientific literature developed by scientists of the University of the Prosecutor's Office of the Russian Federation and other law schools, and some other measures.
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