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Abstract: Based on the analysis of the Lisbon Treaty, which seriously modifies the key constituent documents of the EU, the author analyzes the perspectives of this regional international organization

Keywords: international law, Lisbon Treaty, The EU Treaty, The Treaty Establishing the European Community, European law, European Union, The Treaty Establishing the Euratom, Maastricht Treaty, the Treaty establishing the Constitution for Europe, European integratio

Abstract: As the author points out, the legal regulation of international investment disputes between a state and a foreign investor is a complex issue, since such disputes are regulated by both private and public law, both by national and international law. This article includes analysis of the bases of international public law regulation of investment disputes.

Keywords: jurisprudence, law, dispute, international, arbitration, investor, contract, convention, investments, regulation.

DOI: 10.7256/2454-0633.2021.1.34983

Abstract: The object of this research is the Shanghai Cooperation Organization (SCO). In 2017 India and Pakistan were admitted to the SCO, which resulted in its territorial, economic, geopolitical, and legal expansion. Expansion of the SCO increased disputes between the member-states, and there is yet no well-developed mechanism for their resolution. The subject of this research is the disputes between the SCO countries. Member-states of the Shanghai Cooperation Organization, considering the peculiarities of universal approaches towards dispute resolution on the international level, developed sufficient flexibility in selection of political, international arbitration approaches towards solution of the arising problems. The author explores the confrontation between the member-states in the questions related to their territorial integrity and sovereignty. Special attention is turned to the border conflicts between China, India, and Pakistan. From the theoretical perspective of further development of the mechanisms for dispute resolution within the SCO, the author reviews the “tree-pronged” mechanism for dispute resolution, which path goes through certain stages of the process. This process involves the creation of effective internal mechanisms for dispute prevention, control, and settlement. The conclusion is made that the Shanghai Cooperation Organization has developed legal approaches towards resolution of internal problems. The author's special contribution consists in outlining the peculiarities of general approaches towards dispute settlement on the international level, as well as in indicating sufficient flexibility in selection of political, international approaches towards solution of the arising disputes. The novelty of this article lies in the proposal to create a “three-pronged” mechanism for dispute settlement, which path goes through all the stages of the process (beginning – middle– end).

Keywords: settlement of disputes, concept, politics, state, Eurasia, Charter, UN, SCO, mechanism, triune

DOI: 10.7256/2454-0633.2021.3.35840

Abstract: Determination of the existence of subject-matter jurisdiction is of practical importance for the entire dispute settlement process by the International Center for Settlement of Investment Disputes (ICSID), which was created for protection of the rights of foreign investors. The subject-matter jurisdiction of ICSID is conditioned by existence of an “investment”. Determination of existence of an investment in each particular dispute is attributed to the exclusive competence of the arbitral tribunal itself, since the concept of “investment” is not disclosed in the text of the Washington Convention. The authors assess the key features of the activity that is recognized as investment, used by the arbitrators conducting qualification of one or another transaction to establish whether or not they fall under requirements of the Article 25 of the Washington Convention. Special attention is turned to the methodology and practice of application of the aforementioned criteria. It is noted that in each criteria, the arbitrators determine their own structure. Detailed analysis is carried out on the issues of subject-matter jurisdiction in the decisions of ICSID , beginning with the Fedex case, in which the need to use objective criteria in determination of ICSID jurisdiction without their interpretation is pointed for the first time; and Salini case, in which the arbitrators disclosed the content of these criteria, as well as subsequent decisions that illustrated different approaches of the arbitrators towards interpreting the Salini test. The conclusion is made that despite the fact that the criteria used in modern arbitration practice developed in the Salini case do not possess regulatory characteristics, their presence allows making objective distinction between the investments protected on the level of international agreements and regular commercial transactions. The Salini test provides potential investors with the opportunity to assess risks prior to starting investment activity on the territory of a foreign country, as well as protect the parties to the investment relations from abuse.

Keywords: definition of investment, double keyhole approach, competence-competence principle, subject-matter jurisdiction, Salini Test, ICSID, investment arbitration, foreign investments, investment dispute, ICSID Convention

DOI: 10.7256/2454-0633.2016.1.17667

Abstract: Currently, the majority of the disputes on the cultural values are being reviewed by the national courts; at the same time, the aforementioned disputes are regularly being resolved via such mechanism as “negotiations”. The author examines the importance of negotiations representing the non-judicial means of dispute settlement on the restoration of the cultural values. This work analyzes the multilateral conventions with regards to the cultural values, bilateral agreements between the states (including between the states and museums), world treaties between the states, museums and private parties, and the decisions of the national courts. The disputes, associated with the requirements on restitution or restoration of the cultural values, are being reviewed. The author concludes that currently both, the judicial and non-judicial means of dispute settlement such as negotiations, can be applied for the effective conflict resolution pertaining to the cultural values; however, the return of the works of art located in foreign territories has to be achieved by the virtue of negotiations between the two subjects of the dispute, first and foremost, between the states.

DOI: 10.7256/2454-0633.2016.1.67446

Abstract: Currently, the majority of the disputes on the cultural values are being reviewed by the national courts; at the same time, the aforementioned disputes are regularly being resolved via such mechanism as “negotiations”. The author examines the importance of negotiations representing the non-judicial means of dispute settlement on the restoration of the cultural values. This work analyzes the multilateral conventions with regards to the cultural values, bilateral agreements between the states (including between the states and museums), world treaties between the states, museums and private parties, and the decisions of the national courts. The disputes, associated with the requirements on restitution or restoration of the cultural values, are being reviewed. The author concludes that currently both, the judicial and non-judicial means of dispute settlement such as negotiations, can be applied for the effective conflict resolution pertaining to the cultural values; however, the return of the works of art located in foreign territories has to be achieved by the virtue of negotiations between the two subjects of the dispute, first and foremost, between the states.

Keywords: return, restitution, UNESCO, non-judicial means, disputes, negotiations, cultural values, museums, trial, settlement

Abstract: The article includes analysis of the right of the choice of the body for the obligatory resolution of disputes under the UN Convention on Maritime Law. It is noted that the International Tribunal on Maritime Law would be the most effi cient “last resort”, rather then the arbitration under the VII convention.

Keywords: international law, peaceful settlement of international disputes, international legal means of dispute resolution, means of peaceful resolution of international disputes, judicial means of peaceful resolution of international disputes, international judicial institutions, international arbitration, the ICJ, the International Tribunal on Maritime Law, the EU Court, the UN Convention on Maritime Law.

DOI: 10.7256/2454-0633.2020.3.34095

Abstract: This article reviews the current role and mechanisms of international organizations with regards to assessing the quality of global governance. The subject of this research is the measurement and indicators of state participation in elaboration and implementation of transnational governance. The goal consists in examination of the concept of governance through the prism of Fukuyama-Manning Theory. Globalization is viewed in economic and political dimension for the purpose of determining the need to create transnational administrative frameworks. The results of global governance in the form of measurement and quality indicators of state administration are analyzed in correlative links between the production and demand of political indicators, their nature and practical advantages. The assessment of subjects engaged in the development process exemplifies of the crucial indicators of governance. In order to achieve the set research goal, the author explores the existing hypothesis on the role of international organizations within the global governance system for the purpose of determination the prospects of transnational governance. The detailed theoretical and practical approach towards measurement and metrics of state administration is was conducted by means of qualitative analysis that allowed determining the prospects of the standardized system. In conclusion, the author underlines the equal importance of governance, globalization and state policy in achievement of functional structure of global governance. This article represents a conceptual framework for supporting examination and elaboration of the systems for assessing the efficiency of activity of the governments essential for ensuring successful intergovernmental cooperation in globalization era.

Keywords: Government Performance, Public Policy, Transnational Administration, Metrics of Government, Global Governance, International Organizations, Globalization, Political Dimension, Multidimensional Actors, Global processes

DOI: 10.7256/2454-0633.2020.3.34096

Abstract: This article is dedicated to examination of the challenging role of current international organizations in the production of knowledge, applicable to the context of globalization and global governance, as well as the required framework and mechanisms. The subject of this research is the mechanisms of international organizations, namely Organization for Economic Cooperation and Development (OECD), in the production of knowledge implemented within the global governance system. The goal consist in overview of the worldwide demand for knowledge in the context of the Dolowitz-Marsh Approach for the purpose of assessment of the prospects of the offered knowledge. Capabilities of OECD as a central standardized think tank, coupled with the role of NGOs within the global governance system, allow activating bilateral relations and transnational governance. Analysis is conducted on the existing hypothesis on the capacity of international organizations to produce knowledge in globalization era. The author carries out a detailed qualitative analysis of the mechanisms of OECD and other NGOs, and proposes new perspectives and a range of actions regarding their capability to provide a wide range of government institutions with the tools oriented towards increasing the efficiency. In this way, the nationalization of the results of policy testifies to the extensive internal review, based on the international standards, that reduce the role of political interference in the results of activity. The role of international organizations in the production of knowledge contributes to expansion of cooperation between all interested parties, which would be based on the results of activity, in terms of simultaneous ensuring standardized interaction and practice on a bilateral basis. This article gives a perspective on capabilities of the centralized, results-oriented production of knowledge and prospects for more extensive international cooperation and accountability of the governments.

Keywords: Transnational Administration, Global Governance, NGO, OECD, Production of Knowledge, International Organizations, Government Performance, Globalization, Performance-oriented, Government Accountability

Abstract: The article is devoted to important elements of peaceful settlement. The author points out the value of international law in resolution of disputes among the states, as well as place and role of judicial sources of dispute resolution in the modern world. The author points out that so-called “unrecognized states” became a source of such confl icts in the post-Soviet territory.

Keywords: international law, basic principles of international law, peaceful means of settling international disputes, state territory, use of force in international relations, international security, support of peace and legal order, unrecognized states, post-Soviet states.

DOI: 10.7256/2454-0633.2015.2.15020

Abstract: The subject of this research is the institution of peaceful resolution of disputes in the modern international law. The system of international law represents a construct comprehensive in its form, and complete in content. The institution of peaceful resolution of disputes as an immanent part of world order based on the rule of law integrates a complex of generally accepted procedures: talks, examination, intermediation, resolution, arbitration, and trial. The author notes that a trial from the juridical point of view has full advantages over the other methods. A conclusion is made that the Russian Federation as a statement of its committal to the rule of law, within the framework of its course of foreign policy subsequently supports the elevation of the role of International Court of Justice as the main judicial authority of UN. Subjective positioning of the International Court of Justice defines itself in the format of institutionalized procedures on protection of law.

Keywords: rule of law, International Court of Justice, UN, peaceful resolution of disputes, world, modern international law, foreign policy, Russian Federation, obligatory jurisdiction, law

DOI: 10.7256/2454-0633.2015.2.66477

Abstract: The subject of this research is the institution of peaceful resolution of disputes in the modern international law. The system of international law represents a construct comprehensive in its form, and complete in content. The institution of peaceful resolution of disputes as an immanent part of world order based on the rule of law integrates a complex of generally accepted procedures: talks, examination, intermediation, resolution, arbitration, and trial. The author notes that a trial from the juridical point of view has full advantages over the other methods. A conclusion is made that the Russian Federation as a statement of its committal to the rule of law, within the framework of its course of foreign policy subsequently supports the elevation of the role of International Court of Justice as the main judicial authority of UN. Subjective positioning of the International Court of Justice defines itself in the format of institutionalized procedures on protection of law.

Keywords: rule of law, International Court of Justice, UN, peaceful resolution of disputes, world, modern international law, foreign policy, Russian Federation, obligatory jurisdiction, law

DOI: 10.7256/2454-0633.2015.2.66478

Abstract: The goal of this research is to analyze the main vectors of the efforts of United Nations in strengthening the rule of law within countries. The author reviews the decades-long record of the organization in the area of conflict resolution. The main conclusions of the conducted research include: firstly, the pressing need for UN to give more attention to restoration and respect of the rule of law, and providing support for the rule of law within conflict states; secondly, the author underlines that UN should stress in its resolutions the necessity of a just court procedure in resolving problems pertaining to conflict situations. Thirdly, the author notices the need to recognize and respect the rights of the victims and defendants in accordance with international standards, taking into account the specific social groups, women, children, prisoners and other individuals who have suffered as a result of a conflict.

Keywords: supporting justice, supporting the rule of law, UN standards, peacekeeping missions, UN Security Council, rule of law, problems in justice system, justice of the transitional period, International Criminal Court, justice reform

DOI: 10.7256/2454-0633.2015.3.15225

Abstract: This article is dedicated to the research of international and domestic armed conflicts in order to distinguish the two from the positions of international peacekeeping. The doctrinal positions on this issue are subjected to a critical analysis. The goal of this research is to determine the significant difference between the international and domestic armed conflicts for the subject of applicability of norms of the international humanitarian law towards the peacekeepers participating in such conflicts. A special attention is given to the rulings of international judicial institutions on the questions of qualification of armed conflicts as domestic. The international legal and comparative analysis of international and domestic armed conflicts within the context of international peacekeeping is being conducted for the first time within the Russian juridical doctrine. Based on the analysis of international legal acts and documents, as well as opinions of reputable international jurists the author determines the main criteria, which in his opinion should serve as the basis for the distinction.

Keywords: International Court of Justice, human rights law, international humanitarian law, distinction, UN, peacekeeping, armed conflict, ICTY, former Yugoslavia, Geneva conventions

DOI: 10.7256/2454-0633.2015.3.66837

Abstract: This article is dedicated to the research of international and domestic armed conflicts in order to distinguish the two from the positions of international peacekeeping. The doctrinal positions on this issue are subjected to a critical analysis. The goal of this research is to determine the significant difference between the international and domestic armed conflicts for the subject of applicability of norms of the international humanitarian law towards the peacekeepers participating in such conflicts. A special attention is given to the rulings of international judicial institutions on the questions of qualification of armed conflicts as domestic. The international legal and comparative analysis of international and domestic armed conflicts within the context of international peacekeeping is being conducted for the first time within the Russian juridical doctrine. Based on the analysis of international legal acts and documents, as well as opinions of reputable international jurists the author determines the main criteria, which in his opinion should serve as the basis for the distinction.

Keywords: International Court of Justice, human rights law, international humanitarian law, distinction, UN, peacekeeping, armed conflict, ICTY, former Yugoslavia, Geneva conventions

DOI: 10.7256/2454-0633.2015.3.15592

Abstract: The subject of this research is the institution of peaceful dispute resolution in modern international law. The system of international law carries a character that is complete in its form and finished in content. The institution of peaceful dispute resolution as an immanently inherent element to world order and based on the rule of law, contains a complex of generally acknowledged procedures: negotiations, examinations, mediation, reconciliation, arbitration, and trial. The author notes that from juridical perspective, the trial has all the advantages with regards to other means. A conclusion is made that following the stated commitment to rule of law, within the framework of its foreign policy the Russian Federation supports the role of the International Court of Justice as the supreme judicial authority. The subject positioning of the International Court of Justice defines itself in the format of institutionally structured procedures on provision of law.

Keywords: rule of law, International Court of Justice, UN, peaceful resolution of disputes, world, modern international law, foreign policy, Russian Federation, obligatory jurisdiction, law

DOI: 10.7256/2454-0633.2015.3.66838

Abstract: The subject of this research is the institution of peaceful dispute resolution in modern international law. The system of international law carries a character that is complete in its form and finished in content. The institution of peaceful dispute resolution as an immanently inherent element to world order and based on the rule of law, contains a complex of generally acknowledged procedures: negotiations, examinations, mediation, reconciliation, arbitration, and trial. The author notes that from juridical perspective, the trial has all the advantages with regards to other means. A conclusion is made that following the stated commitment to rule of law, within the framework of its foreign policy the Russian Federation supports the role of the International Court of Justice as the supreme judicial authority. The subject positioning of the International Court of Justice defines itself in the format of institutionally structured procedures on provision of law.

Keywords: rule of law, International Court of Justice, UN, peaceful resolution of disputes, world, modern international law, foreign policy, Russian Federation, obligatory jurisdiction, law

DOI: 10.7256/2454-0633.2015.2.14490

Abstract: The goal of this research is to analyze the main vectors of the efforts of United Nations in strengthening the rule of law within countries. The author reviews the decades-long record of the organization in the area of conflict resolution. The main conclusions of the conducted research include: firstly, the pressing need for UN to give more attention to restoration and respect of the rule of law, and providing support for the rule of law within conflict states; secondly, the author underlines that UN should stress in its resolutions the necessity of a just court procedure in resolving problems pertaining to conflict situations. Thirdly, the author notices the need to recognize and respect the rights of the victims and defendants in accordance with international standards, taking into account the specific social groups, women, children, prisoners and other individuals who have suffered as a result of a conflict.

Keywords: supporting justice, supporting the rule of law, UN standards, peacekeeping missions, UN Security Council, rule of law, problems in justice system, justice of the transitional period, International Criminal Court, justice reform