International Law and International Organizations

Abstract: The author considers the Republic of Abkhazia to be one of the states of post -- Soviet territory of the USA. Currently the Republic is not recognized by the international community and by international organizations. That is why the issues of correlation between international law and Abkhazian law are quite topical and complicated. The solution to abovementioned problems is quite important in order to ensure the due entrance of Abkhazia into the world community of states.

Keywords: jurisprudence, international law. Republic, Abkhazia, USSR, legal system, sovereignty

Abstract: The article is devoted to the parliamentary dimension of the modern international relations. It includes the study of role and relations of national parliaments with the international inter-parliamentary organizations. The author establishes the grounds for the formation of the international parliamentary law, as a comparatively independent branch of modern international public law. Much attention is paid to the cooperation between the UN and the Inter-Parliamentary Union.

Keywords: international law, inter-parliamentary organizations, inter-parliamentary cooperation, international organizations, international parliamentary law, law of international organizations, inter-parliamentary union, the UN, parliament.

Abstract: In the Kyoto Protocol (1995) to the UN Framework Convention on Climate Change (1992) State-parties agreed on targets for the emission of greenhouse gasses (GHGs). This article involves analysis of hypothetical possibilities of lawsuit in ICJ for Tuvalu, which is a tiny island state in the Pacifi c Ocean that has ratifi ed the Kyoto Protocol, and that is a UN Member State. Tuvalu, which is expected to sink by 2050 is an obvious example of the real dangers of the GHGs.

Keywords: jurisprudence, international law, ecology, Kyoto Protocol, climate change, greenhouse gas, compensation ICJ

Abstract: Several international organizations were formed based on the UN Convention on the Law of the Sea of 1982. The International Sea-Bed Authority, Commission on the Limits of the Continental Shelf, International Tribunal for the Law of the Sea are the most closely related of them. The author analyzes the status of the above-mentioned international formations, legal force of their decisions, provides example of convention-based legal capacity, scope of privileges and immunities, their relation to the UN.

Keywords: international law, international organizations, international bodies, international legal capacity, convention-based legal capacity, privileges and immunities, state of presence, international staff, legal force of decisions, region

DOI: 10.7256/2454-0633.2021.3.35929

Abstract: In the era of globalization, international trade relations are an integral part of the economy of majority of the countries, including the Russian Federation. Increase of the role of entrepreneurship in the sphere of foreign trade entails escalated disputes. This article reviews the theoretical aspects of law enforcement practice on the disputes associated with foreign trade entrepreneurial activity. Analysis is conducted on legal regulation of foreign trade entrepreneurial activity, as well as Russian case law in the corresponding sphere, namely disputes considered in arbitration court, and theoretical research on the matter. Methodological framework is comprised of the general scientific and private scientific methods of cognition (dialectical, analysis and synthesis, induction and deduction, comparative-legal, and historical-legal). The author concludes on the lack of uniformity in the approaches used by arbitration courts towards determining the law applicable to transboundary agreements. The creation of uniform case law on the controversial issues requires taking into account the existing law enforcement practice, as well as unifying them based on accumulated experience. For example, in the Russian Federation this process could be facilitated through corresponding clarifications on the level of resolution of the Plenum of the Supreme Court of the Russian Federation with explanations on the key contentious issues pertaining to the disputes in foreign trade entrepreneurial activity. The presented materials can be used in further consideration of disputes in the sphere of foreign trade entrepreneurship, as well as in providing explanations of law enforcement practice.

Keywords: entrepreneurship, arbitration, judicial practice, customs authorities, economic sanctions, tariff and non-tariff regulation measures, economic measures, foreign trade activities, foreign economic contracts, application of law

Abstract: The article includes a systemic analysis of the process of reformation of the IMF and the World Bank in 2008 – 2011. The author views the international legal bases for the broadening scope of mandate of the Bretton-Wood institutions. Much attention is paid to the issue of the ability of the Fund and the Bank to be key international legal subjects of fair and responsible globalization. Based on a vast variety of analytical data the author gives preliminary results of the reforms for the IMF and analyzes the future steps on their greater legitimacy and efficiency, stable global development.

Keywords: international law, globalization, crisis, finances, development, reforms, supranational, poverty, legitimacy, innovations

DOI: 10.7256/2454-0633.2013.1.62409

Abstract: The article is devoted to the new turn of the tension between Argentina and the UK in their fight for sovereignty over the Falkland Islands (the Malvinas). The author views the legal grounds for the territories in question for both parties, international legal aspects of the mutual accusations, as well as the possible models for the conflict resolution. The author provides the analysis, which shows the absence of new armed conflict in the nearest future. She also reflects upon the guarantees of non-use of nuclear weapons in fight over the territories in question. The author also shows the connection between the dispute over sovereignty over the Falkland Islands (the Malvinas) and the territorial claims towards other Southern Atlantic areas and part of the Antarctic Region.

Keywords: international law, territorial disputes, self-determination of peoples, territorial integrity, militarization of the territory, the zone free from nuclear arms, right for a flag, the uti possidetes de jure principle, models for the conflict resolution, claims for sovereignty over the Antarctic Region.

DOI: 10.7256/2454-0633.2019.1.28881

Abstract: The author examines the aspects of environmental component of legal regulation of the Caspian Sea, the largest landlocked body of water on Earth. The cooperation of littoral states with regards to its environmental protection is complicated by the fact that after the dissemination of USSR, instead of two countries – Iran and Soviet Union, there have formed five countries interested in hydrocarbon extraction from the bottom of Caspian Sea, which caused acute contradictions between them. In light of this reason, the validity of Tehran Framework Convention for the Protection of the Marine Environment of the Caspian Sea in encumbered. The signed in 2018 Convention on the Status of Caspian Sea, overall, follows the regulations of the United Nations Convention on the Law of the Sea of 1982. The author notes that the planned adoption of the obligatory document on environmental protection and sustainable use of maritime biodiversity (as an addendum to the United Nations Convention on the Law of the Sea) can become a positive addition to the legal system existing in the Caspian Sea. The need is claimed for the expansion of further productive cooperation of the states, which interests in one or another way are affected by this problem.

Keywords: environmental law, UN, Caspian state, international treaty, environment, biodiversity, Caspian sea, ecological safety, maritime law, international law

DOI: 10.7256/2454-0633.2022.2.35402

Abstract: The geopolitical feature of the Black Sea region is its "cross" position, since it is here that the interests of not just neighboring states meet, but also western and eastern religious, and broader cultural traditions. The territorial location of the Black Sea makes it an important strategic zone at the intersection of the borders of Europe, Central Asia and the Middle East. The region, which has significant potential for economic development, has traditionally been a sphere of intersection of interests of both maritime powers and countries seeking to gain influence in this zone by establishing control over them.This article is devoted to the problem of relations between Russia and Georgia in this region, analyzed by the author from an international legal perspective. The basis of the study of the potentially high conflictogenicity of the Black Sea zone is currently an appeal to the history of the issue, which allows us to reveal the cause-and-effect relationships of the confrontation between countries for the possession of those benefits to which domination in the region opens access. The article examines the relations between Russia and Georgia over the Black Sea in the context of the Georgian side's interactions with the West, in particular with the European Union and NATO. The author draws an important conclusion that the deterioration of relations between Georgia and Russia was a step-by-step process that began after the collapse of the Soviet Union and has been going on up to the present time, when it reached its highest point. Determining the prospects for the development of bilateral relations is of great importance due to the fact that conflicts with Russia, which is a key force in the region, can have a negative impact not only on trade and economic relations between the countries, but also on security policy.

Keywords: GUAM, geopolitics, international relations, international treaties, Black Sea region, European Union, NATO, Russia, Georgia, maritime law

DOI: 10.7256/2454-0633.2022.3.38589

Abstract: The subject of the study is the conventional regulation of relations arising in connection with multiple and dual citizenship. The emphasis in the modern international regulation of issues of dual and/or multiple citizenship is generated by the progressive increase in actual states when a person has two or more nationalities, which affects the interests of several States. Such a phenomenon is accompanied by the emergence of a wide range of problems requiring interstate interaction, which, as a rule, is expressed in the conclusion of bilateral and multilateral treaties on bi- and polypatrism. Such treaties concluded within the framework of modern international law reflect either the negative attitude of the signatory States towards dual and multiple citizenship, or the desire of States to find relevant ways to eliminate the consequences of these phenomena, which are often caused by disputes between States. The article examines the practice of conventional resolution of problems caused by the presence of bi- and poly-patrid status, the changed vectors of the settlement of issues of dual and multiple citizenship, as well as priority areas of modern international law in this area. The article concludes that bilateral cooperation in the field of bipatrism is more effective, which nevertheless will not solve the problem of dual and multiple citizenship at the global level. In addition, the conclusion of a universal international agreement on bi- and polypatrism also does not seem to be an effective means of resolving disputes arising due to significant economic, political, ethno-cultural, historical and legal differences between States, in particular in matters of regulating citizenship. The author considers it necessary to develop new approaches to ensure greater effectiveness of the mechanism of international legal regulation of bi- and polypatrism.

Keywords: multiple citizenship, international law, jus sanguini, jus soli, polypatrism, bipatrism, dual citizenship, citizenship, international treaties, diplomatic protection

DOI: 10.7256/2454-0633.2022.1.37470

Abstract: China and Japan are the two largest importers of natural gas in the world. Both countries have accelerated the reform of domestic natural gas markets and the establishment of domestic natural gas trading centers (natural gas hubs) in order to achieve carbon neutrality goals and ensure the security of domestic natural gas supplies. The conclusion of short- and medium-term contracts for the supply of liquefied natural gas (LNG) affected the execution of long-term contracts, the prices of which were tied to JCC. As a result, Chinese and Japanese natural gas buyers began to demand that international natural gas sellers, including Russia, use hub market prices. The article analyzes measures to ensure the security of natural gas supplies and reforms of domestic natural gas markets in China and Japan. The interrelations, advantages and disadvantages of long-term, short-term and spot contracts are highlighted. Based on the analysis of the court decision in the case of GNA v. Atlantic LNG, the conclusions of international arbitration practice on price revision clauses are summarized. The following conclusions are drawn： 1. Arbitration proceedings on the revision of prices contributes to the transition from a formula for calculating prices linked to the oil price index to a pricing mechanism based on various indices of natural gas hubs.2. When concluding a new long-term contract, it is proposed to comprehensively use the price index of the emerging shopping center, the spot price and the price formula calculated by JCC.3. A long-term contract still plays an integral role in ensuring safe natural gas supplies in extreme events (for example: a similar COVID-19 epidemic).

Keywords: national energy security, internal market reform, natural gas hub, LNG, portfolio players, long-term contract, spot agreement, international arbitration, price revision, carbon-neutral

DOI: 10.7256/2454-0633.2021.1.35099

Abstract: The author considers the problem of international legal regulation of activities on the use of natural resources of space. The results of the analysis of international treaties in the field of space law, resolutions of the UN General Assembly, reports of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space are presented. The methodological basis of the research was made up of general scientific and private scientific methods of cognition (dialectical method, method of analysis and synthesis, induction and deduction, comparative legal and historical legal methods). Currently, there is no universal international legal regulation of the legal status and regime of the use of natural resources of outer space. In order to carry out activities for the extraction of natural resources, it is necessary to develop appropriate international legal norms. In this regard, two alternative positions are being discussed - the concept of the "common heritage of mankind", developed in international maritime law, and the Artemis Agreements proposed by the United States. In the course of the study, the following conclusions were made. The prohibition of national appropriation of outer space and celestial bodies applies to States and individuals. International space law does not explicitly prohibit the use of space for the extraction and commercial exploitation of natural resources. However, natural resources are part of outer space and celestial bodies, respectively, in the absence of special rules governing their legal status and mode of use, the legal regime established in relation to outer space and celestial bodies should be extended to them. There is a tendency to develop a legal regime for the use of natural resources of outer space at the national level with the transition to the international one. The results of the study can be used in the interpretation of the provisions of international space law and the development of international norms concerning the legal status and regime of the use of natural resources of space.

Keywords: international space law, international law, legal regime, celestial bodies, Artemis Agreements, national appropriation, outer space, space resources, exploration of space resources, private property

DOI: 10.7256/2454-0633.2020.2.32622

Abstract: This article analyzes the process of application of the hybrid and mandatory arbitration clauses in the practice of international financial institutions. Same as the international commercial arbitration, the domestic arbitration is the most acceptable form of resolution of financial disputes. Contracts with consumers of financial services more often utilize the mandatory arbitration clauses, being the reason why arbitration became de-facto a mandatory means of resolution of disputes with consumers in the sphere of financial services. At the same time, arbitration procedure of dispute resolution is not without its flaws, currently demonstrating trends of increased costs of arbitration, as well is increased term of review of arbitration cases. This gave rise to a new form of arbitration clauses – hybrid dispute resolution clauses, which gives the parties to a dispute an opportunity to seek resolution in state courts, as well as arbitration as an alternative. The novelty of this research consists in the fact that in the conditions of growing “complication” of the arbitration process, there is a high likelihood of application of the hybrid dispute resolution clauses among the international financial institutions. There is also the fact that that arbitration, conducted in accordance with the US financial regulator FINRA, is also mandatory, and in majority of cases yields no results in resolution of disputes of consumers, but its “mandate” is underlines by other causes, than the initiative of large international corporations providing the service.

Keywords: securities market, class action, financial disputes, alternative dispute resolution, mandatory arbitration, International Swaps Association, hybrid dispute resolution clauses, financial institutions, commercial arbitration, Mandatory Arbitration Clauses

DOI: 10.7256/2454-0633.2016.3.19083

Abstract: Right of states to use force in international law is one of the most controversial and important question in public international law. Despite the general prohibition on use of force expressed in the Article 2 (4) of the UN Charter, there are many disputes about the actual scope of the prohibition and possible justification. It is obvious that the legal rules must adapt to the contemporary challenges faced by international community to provide convenient and legitimate solution which would not contradict the current international legal order. In this article the author considers the question of extraterritorial use of force against non-state actors. Analyzing legal norms and doctrinal position that has fully developed by the end of the XX century and their development after the events of September 11 and threat of global terror faced by international community, author comes to the conclusion that the current legal norms and legal doctrine recognize the right of states to use force extraterritorially against non-state actors.

Keywords: war on terror, terrorism, extraterritorial use of force, self-defence in international law, non-state actors, use of force, right to self-defence, international security law, international law, international terrorism

DOI: 10.7256/2454-0633.2016.3.68158

DOI: 10.7256/2454-0633.2016.3.19902

Abstract: The subject of this research is the notion “virtual currencies” which is being viewed from the positions of international organizations, as well as from the side of the regional integration unions and national jurisdictions. The term virtual currencies is new to the scientific and legislations and requires the theoretical understanding and comparison with the adjacent notions of the theory of money. The article analyzes the positive aspects of the virtual money (their role in the financial system as a financial innovation), as well as their threat to the economic security of the state and region (on the example of the Eurasian Economic Union). The methodology of the research is based on the principles of complexity and methodological pluralism, and also includes the method of legal comparative study, systemic approach, and formal legal method. The scientific novelty of this work consists in comparison of the international legal and national approaches towards the definition of virtual currencies, their interaction with the similar notions of the electronic and digital money, as well as description of the role of virtual currencies in performing the illegal financial transactions as a negative factor of their proliferation and functionality. The main conclusion lies in the need for legalization of the notion of virtual currencies on the national level (Russian Federation) and the level of the regional integration union (Eurasian Economic Union). At the same time, the author believes that in determination of the legal regime for such currencies, it is better to avoid the most liberal positions along with the extremely restrictive positions.

Keywords: cryptocurrency, bitcoin, OECD, IMF, FATF, EAEU, AML/CFT, e-money, virtual currencies, digital currencies

DOI: 10.7256/2454-0633.2016.3.68159

Keywords: cryptocurrency, bitcoin, OECD, IMF, FATF, EAEU, AML/CFT, e-money, virtual currencies, digital currencies

DOI: 10.7256/2454-0633.2013.4.10098

DOI: 10.7256/2454-0633.2013.4.63531

Abstract: In the last 20 years since the Cold War has ended the organization of armed forces around the world changed considerably. One of such changes includes privatization of part of the functions, which were earlier recognized as purely military ones. Currently the status of private military and security companies is the “black hole” in the international law. The article concerns the issue of the status of the PMSC staff in the armed conflict and their correlation with those of mercenary. When evaluating this issue we can draw a conclusion that these two types are not identical. The author comes to a conclusion that while the PMSC staff may gain the combatant status, in most cases they fail to meet the requirements of the Geneva Conventions for this status. Therefore, the primary status of the PMSC staff during an armed conflict is that of civilian persons.

Keywords: private military companies, international law, international humanitarian law, law of the armed conflicts, combatants, non-combatants, mercenary, prisoners of war, PMSC, the Geneva Conventions.

DOI: 10.7256/2454-0633.2014.4.13327

DOI: 10.7256/2454-0633.2014.4.65687

Abstract: The Internet Assigned Numbers Authority (IANA) is historically the fi rst organization providing the functionality of the key elements of the technological infrastructure of the Internet, including the issues of coordination of the Internet’s unique identifi ers. These functions have signifi cant value for the technological infrastructure of the Internet and since for over 16 years these functions have been administered by the Internet Assigned Numbers Authority (IANA), they are labeled as the “IANA functions”. This article analyzes the announcement of the National Telecommunications and Information Administration of the US Department of Commerce (from 03.14.2014) about US Government’s decision to transfer the control over the IANA functions to the “global multistakeholder community”; the resulting documents of “Global meeting of the multistakeholders on the issues of future control over the Internet” (April 2014, San-Paulo, Brazil), as well as the “Group of specialists on the global Internet cooperation and the mechanisms of the Internet administration” (May 2014). In author’s opinion, the implementation of ideas and measures provided by the above documents, can drastically change the management of the technological infrastructure of the Internet and carry a signifi cant impact upon the internationalization of the transboundary management of the Internet.