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MAIN PAGE > Journal "International Law" > Contents of Issue № 02/2021
This issue is currently being formed. All articles presented on this page have already been included in this issue, are considered published, and will remain unchanged in the final version of the issue along with other metadata of the articles.
Учредитель: Даниленко Василий Иванович, w.danilenko@nbpublish.com
Главный редактор: Даниленко Денис Васильевич, доктор права (Франция), danilenko_d@mail.ru
Contents of Issue № 02/2021
International courts
Gatina D.R. - Prudential exception in the case “Argentina-Financial Services” pp. 1-11

DOI:
10.25136/2644-5514.2021.2.35824

Abstract: This article discusses the conclusions of the World Trade Organization Dispute Settlement Body (WTO DSB) on the case “Argentina – Financial Services” pertaining to interpretation of the Paragraph 2 (a) of the Annex on Financial Services to the General Agreement on Trade in Services (GATS), which contains a prudential exception that allows the countries, regardless of their obligations in accordance with GATS, taking measures on the national level that are aimed at maintaining stability in the domestic financial market. The need for studying the approaches applied due to interpretation of this norm, is substantiated by the ambiguous wording of the Paragraph 2 (a) of the Annex on Financial Services, which raises questions on its proper application. The author attempts to give assessment to the decisions of the Arbitration Group on the interpretation of prudential exception, as well as shed light on the instances of its application. This article is the first work within the Russian legal science dedicated to examination of the peculiarities of application of prudential exception. Having analyzed the corresponding provision of GATS, as well as the decisions of the Arbitration Group on the case “Argentina – Financial Services”, the author concludes that virtually any measure introduced by the government on the national level, which serves the purpose of risk prevention that may create a threat to the stability and integrity of the financial market of the country and normal activity of the participant of the financial services market, can fall under Paragraph 2 (a). At the same time, the key and practically the only obstacle for abuse such norm consists in the need to adhere to the principle of good faith in the context of implementation of the corresponding prudential measures.
Question at hand
Abdullayev N.N. - Legal framework of Azerbaijan's foreign policy with the CIS countries pp. 12-24

DOI:
10.25136/2644-5514.2021.2.35734

Abstract: This article explores the legal framework of the foreign policy of the Republic of Azerbaijan in the post-Soviet space. This topic gains special relevance on the background of changes in the regional distribution of potentials after the Second Karabakh War. The subject of this research is the main agreements signed by Azerbaijan with the CIS countries in a bilateral format, as well as within the organization. Emphasis is placed on the normative legal documents that form the foundation of foreign policy relations in the military-political, economic, energy, and transport sectors as the highest priority for the country. Special attention is given to the analysis of legal institutionalization of Azerbaijan's foreign policy in the post-Soviet space in conjunction with the evolution of foreign policy concept of the country. The article employs general dialectical, logical, historical and formal-legal methods for determining the key trends and characteristics of the legal framework of Azerbaijan's foreign policy. The scientific novelty consists in periodization of the development of legal framework of Azerbaijan’s foreign policy: the first period was under the Presidency of Ayaz Mutalibov and Abulfaz Elchibey, the third covers the period from the autumn of 1993 to the late 1990s, and the fourth is since 2000. The first period marks sporadic nature of Azerbaijan's relations with the CIS countries. During the second period, the country joined multilateral institutions that emerged in the post-Soviet space. The third stage is characterized by transition towards the development of bilateral relations with the CIS countries, and shifting away from multilateral approach. It is worth noting, that this research is focused namely on examination of the legal framework Azerbaijan's foreign policy, rather than the generally accepted in the Russian scientific literature political-legal approach, which considers the normative documents in the context of political processes.
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