Chetverikov A.O. —
Confederation of Sahel States — a new integration alliance of the countries of «global South» (legal aspects)
// International Law. – 2024. – ¹ 2.
– P. 16 - 40.
DOI: 10.25136/2644-5514.2024.2.71373
URL: https://en.e-notabene.ru/wl/article_71373.html
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Abstract: The article explores the legal nature and features of the Confederation of Sahel States, the youngest integration alliance in Africa and around the world, established on July 6, 2024 between Burkina Faso, the Republic of Mali and the Republic of Niger. The introductory section outlines the past, present and problems of legal regulation of integration processes in Africa, as well as its modern projects preceding the Confederation. After considering the reasons for the establishment of Confederation and procedural aspects (section «Historical and geographical origins»), the author scrutinizes its constituent documents, the legal status of its Member States, its organizational mechanism and competence (section «Legal status»). Finally, in accordance with the provisions of domestic and foreign legal doctrine, the experience of former confederal entities, the author presets conclusions together with his vision of future of the newborn Confederation. The article is the first in Russian legal science study of the Confederation of Sahel States in light of the global legal experience with respect to establishment and operation of such entities. The author agrees with the prevailing view of confederations as not quite effective form of unification of states due to the lack of a full-fledged system of central authorities. Nevertheless, the author insists that confederal structure might be attractive in several ways. This explains the fact that confederations are still in use in XXI century. With reference to documents, the author demonstrates that law and practice of historical confederations, now federations (USA, etc.), were not limited to foreign policy and defence, but also covered significant domestic policy measures. Therefore, in practical terms, the author advises the Confederation of Sahel States to focus on «development» issues (economic, scientific, technological, etc.), which, according to its constituent documents, form part its competence together with issues of «diplomacy», «defence and security».
Chetverikov A. —
Anti-ESG standards: law and practice (elements of foreign experience)
// Law and Politics. – 2023. – ¹ 3.
– P. 41 - 56.
DOI: 10.7256/2454-0706.2023.3.40452
URL: https://en.e-notabene.ru/lpmag/article_40452.html
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Abstract: Subject Matter: The preservation of the environment for future generations and the achievement of other «sustainable development» goals consented by all the states within the the UN have given birth in the XXI century to the «Environmental, Social and Governance (ESG)» standards, which are increasingly used with respect to either grant financial support to business entities. However, the introduction of ESG standards is accompanied by a number of negative consequences (an increase of the regulatory burden on business etc.), which led to a movement towards the consolidation of the opposite anti-ESG standards. The article explores the anti-ESG standards principally basing on the example of legal systems of the USA States, where they are introduced into parliamentary and subordinate legislation.
Methods: The research was conducted using classical general scientific and special legal methods of cognition (historical, systemic, formal, etc.) in conjunction with an interdisciplinary approach (appraisal of legal phenomena in view of economic and political factors).
Novelty: The article is the first attempt in Russian legal science to analyze, systematize and evaluate the essence and significance of anti-ESG standards in foreign legislation and law enforcement practice.
Conclusions: Nowadays the American federalism is facing the legal competition between «pro-ESG» and «anti-ESG» rules at the States’ level. The results of this competition is worth monitoring in Russia and other countries in order to develop their own approaches to the legal regulation of sustainable development including ESG (or anti-ESG) standards.
Chetverikov A. —
Judicial investment (third-party litigation funding) and regional economic integration: in search of legal regulation
// International Law. – 2023. – ¹ 2.
– P. 58 - 78.
DOI: 10.25136/2644-5514.2023.2.40715
URL: https://en.e-notabene.ru/wl/article_40715.html
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Abstract: In the modern financial capitalism the growing number of private and public goods tend to become a profit-making commodity, i.e. financial asset («financialization» & «commodification»). The latters do not leave aside the judicial protection of the rights and legitimate interests of citizens and legal entities. Nowadays, judicial and arbitration litigations represent abroad one of the most attractive areas of investment for potential investors. Judicial investment (third-party litigation funding) is also developing in Russia. The article examines the current state and prospects of legal regulation of judicial investment in the context of regional economic integration on the example of the proposal of the European Union (EU) Directive on the regulation of third-party litigation funding drafted by the European Parliament at the end of 2022 for the European Single Market.
The research is based on historical and comparative legal methods in conjunction with other relevant scientific methods and an interdisciplinary approach. For the first time in Russian jurisprudence the article presents the appraisal of the prospects of legal regulation of judicial investment within the framework of regional integration organizations with common (single) market of goods, workforce, services, and capital. It is proposed to consider establishing standards for judicial investment at the level of the Eurasian Economic Union (EAEU), starting with third-party litigation funding of business disputes in common arbitration institute («EAEU international arbitration tribunal»), the creation of which is being discussed by the EAEU Member States and legal community.