INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Lifshits I.
Participation of EU in international financial institutions
// International Law and International Organizations.
2020. № 2.
P. 1-23.
DOI: 10.7256/2454-0633.2020.2.32684 URL: https://en.nbpublish.com/library_read_article.php?id=32684
Abstract:
The Member States of the European Union have transferred to it the substantial scope of the domestic competence in financial sphere. So, the EU exclusive competence covers the monetary policy of the Member States whose currency is the euro. Besides that, the legal regulation of the activities in the banking, insurance and stock markets are largely performed from the EU level. The European Union is not a member of many international financial institutions that determine global financial legal order in the modern world. Moreover, until now there is no established procedure for EU Member States coordination in such institutions. Based on systemic and comparative legal methods, the article explores peculiarities of realization of the EU external competence. The author concludes that development of financial integration in the European Union will inevitably lead to development of the legislation that would clearly regulate the procedure of EU Member States coordination in the international financial institutions. It would further limit legal capacity of the Member States and would result in so called “Europeanization” of the international financial legal order. Brexit would enhance this process.
Keywords:
financial integration, Basel Committee, EU financial market, IMF, Monetary Policy, International Financial Law, the European Union, OECD, FSB, EU external competence
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Kanatov R.K.
The concept, features and types of brokerage services on the stock market in the law of the EAEU member-states: doctrines, legislation and legal regulation
// International Law and International Organizations.
2020. № 2.
P. 24-39.
DOI: 10.7256/2454-0633.2020.2.32457 URL: https://en.nbpublish.com/library_read_article.php?id=32457
Abstract:
This article is aimed at formation of the concept of “brokerage services on the stock market” and systematization of brokerage services on the stock market for the purpose of improvement of legal regulation of the relations on rendering brokerage services in the EAEU member-states. The author examines the following aspects: 1) features of brokerage services on the stock market from the perspective of the doctrines; 2) peculiarities of brokerage services on the stock market stipulated by legislation of the states of Eurasian Economic Union; 3) classification and types of brokerage services on the stock market from the perspective of the doctrines; 4) classification of brokerage services on the stock market by the services of classical broker and discount broker; 5) types of brokerage services on the stock market established in legislation of the EAEU member-states. The scientific novelty consists in comprehensive analysis of the selected circle of questions based on the material of EAEU member-states. The main results include: 1) the formulated definition to the concept of “brokerage services on the stock market; 2) conducted systematization of brokerage services on the stock market in the EAEU member-states; 3) developed concept of implementation in the EAEU of the institution of discount brokers of stocks and financial derivatives.
Keywords:
legal regulation, financial market, financial services, brokerage agreement, stocks and bods market, brokerage activity, brokerage services, Eurasian Economic Union, harmonization, legislation
NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
Reference:
Akhmadova M.A.
International legal protection of copyrights in the medical sphere of BRICS countries
// International Law and International Organizations.
2020. № 2.
P. 40-53.
DOI: 10.7256/2454-0633.2020.2.32914 URL: https://en.nbpublish.com/library_read_article.php?id=32914
Abstract:
The subject of this research is multilateral international acts in the area of copyright that were joined by the BRICS countries – Berne Convention, Universal Copyright Convention, TRIPS Agreement, etc., as well as bilateral agreements between the governments of Russia and Brazil in 2007, Russia and India in 1994, Russia and China in 1992, Russia and South Africa in 2014, which regulate different legal aspects of realization of joint scientific and technological activity, namely in the sphere of medicine. Attention is focused on the problematic moments associated with the spread of copyright regime upon certain objects of medical activity. The scientific novelty of this work consists in articulation of the problem and approaches to its research. The authors comes to the conclusion that the BRICS countries have formed a sufficient international legal system for the protection of copyrights with one, but serious flaw substantiated by the refusal of India and Brazil to join the Agreement of World Intellectual Property Organization. Proliferation of scientific information through the Internet requires more stringent regulation on the international level, since it inflicts substantial damage to the authors of scientific works.
Keywords:
WIPO, BRICS, copyright objects, bilateral agreement, intellectual property, scientific and technical cooperation, intellectual property protection, medicine, copyright, conventions
REGIONAL ASSOCIATIONS AND UNIONS
Reference:
Anichkin Y., Serebriakov A.
Communicative and educational factors impeding the development of international scientific and scientific-technological collaboration between the countries of Shanghai Cooperation Organization
// International Law and International Organizations.
2020. № 2.
P. 54-68.
DOI: 10.7256/2454-0633.2020.2.32882 URL: https://en.nbpublish.com/library_read_article.php?id=32882
Abstract:
One of the important vectors in development of Shanghai Cooperation Organization (SCO) became the international scientific and scientific-technological collaboration. However, this vector is not fully developed due to not only legal, organizational or financial issues, but also factors affecting communication between the subjects of cooperation in scientific or scientific-technological spheres, as well as defining accessibility and mobility of the knowledge market. In this case, it refers to the language of scientific communication used in international scientific and scientific-technological collaboration (communicative factors), and the development of education and academic mobility (educational factors) in SCO member-states. The conclusion is made that the effectiveness of international scientific and scientific-technological collaboration between the countries of Shanghai Cooperation Organization drops due to controversial policy and normative legal regulation with regards to the language used in scientific and scientific-technological communication, as well as with regards to development of higher education and academic mobility between the SCO countries. The author underline the need for further unification of national legislation of SCO member-states pertaining to the use of one or another language as the means of international scientific communication, requirements to preparation of academic staff, creation of relevant programs of students’ academic mobility, and development of generally accepted educational standards.
Keywords:
The SCO University, academic mobility, scientific communication, higher education, scientific and technical cooperation, international cooperation, Shanghai Cooperation Organization, innovation activity, the science, scientific collaboration
REGIONAL ASSOCIATIONS AND UNIONS
Reference:
Shebanova N.A.
Protection of personal data: the experience of international regional cooperation
// International Law and International Organizations.
2020. № 2.
P. 69-87.
DOI: 10.7256/2454-0633.2020.2.32597 URL: https://en.nbpublish.com/library_read_article.php?id=32597
Abstract:
The subject of this research is the international regulation of ensuring confidentiality of personal data. The development of “big data” technologies made it evident that for solution of the problem of ensuring rights of an individual as a subject of personal data it is essential to coordinate efforts of interested countries pertaining to the development of effective measures of legal protection. The practice demonstrated that protection of personal data requires a universal approach, which is currently possible within the framework of regional integration that ensure harmonization of legislation through formulation of criteria suitable for the participating countries. However, their own rules in protection of personal data also have the countries of Latin America being a part of international organization the “Ibero-American Data Protection Network”, as well as the countries of Asia-Pacific Economic Cooperation. This article analyzes the international documents developed by the aforementioned organizations from legal and comparative-legal perspective. Assessment is given to the achieved results and development prospect of legal regulation pertaining to collection and processing of personal data. It is concluded that the European organizations are undisputable leaders in establishment of strict control in the sphere of personal data protection, and the documents developed by them are viewed as reference. The concept of “personal data” itself also experiences transformations, acquiring a more extensive interpretation. The rules for collection and processing of personal data that are developed by the participants independently, if coordinated with the legislatively established requirements, obtain substantial significance. Strengthening of control over intergovernmental exchange of personal data is also not excluded.
Keywords:
Protection Standards, GDPR Regulation, interstate exchange, extraterritorial operation of law, principals for protection, confidentiality, personal data, Big Data, Framework Agreement, code of conduct
Question at hand
Reference:
Isai S.S.
Mandatory and hybrid arbitration clauses in the practice of international financial institutions
// International Law and International Organizations.
2020. № 2.
P. 88-105.
DOI: 10.7256/2454-0633.2020.2.32622 URL: https://en.nbpublish.com/library_read_article.php?id=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