International civil law/private law
Reference:
Katrovskaya E.A. —
The 2022 Sanction Challenges for International Commercial Arbitration and Methods of Resolving them
// International Law.
– 2023. – № 1.
– P. 1 - 9.
DOI: 10.25136/2644-5514.2023.1.39543 EDN: DLDPFR URL: https://en.nbpublish.com/library_read_article.php?id=39543
Review:
The subject of this study is the impact of the sanctions policy imposed against the Russian Federation in 2022 on international commercial arbitration. For that purpose, we analyse the restrictive measures that have had a major impact on dispute resolution in international commercial arbitration involving Russian and sub-sanctioned persons. An important part of the study is an analysis of current practice in this area and the difficulties arising in order to develop recommendations and possible means of overcoming them for the continuation of international arbitration in Russia and access to justice for sanctioned persons. Over recent years, international commercial arbitration has become one of the most common means of dispute resolution, not only abroad, but also in the Russian Federation. However, the international nature of arbitration makes it highly sensitive to sanctions. Since the implementation of anti-Russian sanctions, especially in 2022, it became evident that the field of international commercial arbitration faces inevitable difficulties in terms of cooperation with foreign jurisdictions and its operation in general. The impact of restrictive measures on international commercial relations cannot be overestimated, with the number of cross-border disputes only increasing, which makes international commercial arbitration more than relevant and requires new solutions to overcome existing challenges. The research leads to a number of conclusions: the 2022 sanctions have certainly affected the world of arbitration but have not put an end to arbitration institutions in general; they have led to a global reorientation towards Asian arbitral institutions and a strengthening of Russia's position as a place for arbitration; parties to arbitration proceedings are finding new and successful solutions to the restrictive measures; many foreign jurisdictions are slowly softening their policy towards arbitration.
Keywords:
economic sanctions, arbitration clause, arbitration process, international arbitration process, sanctions impact, sanctions policy, sanctions, international commercial arbitration, arbitration, commercial dispute
Development of separate branches of international public law
Reference:
Primov M.N. —
International Legal Regulation of the Use of Landmine Weapons: Classification Problems
// International Law.
– 2023. – № 1.
– P. 10 - 26.
DOI: 10.25136/2644-5514.2023.1.39887 EDN: GLGQTV URL: https://en.nbpublish.com/library_read_article.php?id=39887
Review:
The article notes the increased urgency, due to the significant aggravation of the international situation, of solving problems related to the use of landmine weapons, the victims of which are not only military personnel, but also civilians. Despite the considerable efforts made over a long time and the agreements reached, the mine problem is still far from being resolved. Peaceful initiatives related to the implementation of the basic principles of international humanitarian law, its improvement, are still the main direction of activity of the modern State, which meets the basic needs of citizens, the purpose of which is to resolve conflicts at all levels. In modern conditions, peace initiatives that implement and develop previously reached agreements, including on the use of landmine weapons, are of particular importance. In this article, based on a comparison of the definitions of this weapon, the established restrictions, prohibitions on its use used in the two main acts of international humanitarian law on the mine problem, it is proposed to solve the issue related to the classification of landmine weapons used in the treaties, including anti-personnel mines. It seems obvious that the solution of this issue, the use of definitions that are uniform for treaties on similar issues, is an important initial condition that allows for objective control over the implementation of international agreements.
Keywords:
peace initiatives, definitions of landmine weapons, classification of landmine weapons, Ottawa Convention, Protocol II, Inhumane Weapons Convention, restrictions and prohibitions, mine problem, international humanitarian law, improving the provisions of treaties
International law and national law
Reference:
Adzhba D. —
Dual Nationality or Bipatrism as a Result of Bilateral Cooperation Between States
// International Law.
– 2023. – № 1.
– P. 27 - 39.
DOI: 10.25136/2644-5514.2023.1.39908 EDN: ELAGDH URL: https://en.nbpublish.com/library_read_article.php?id=39908
Review:
The subject of the study is dual nationality or bipatrism as a result of bilateral cooperation of states on issues of nationality. International legal cooperation of states on issues of nationality, in particular dual and multiple nationalities, is implemented through the conventional mechanism, that is, through the conclusion of bilateral and multilateral treaties. Treaty settlement of problems caused by the status of bi- and polypatrism is currently the most effective tool, because domestic norms, due to their unilateral action, are not able to fully respond to the newly emerging phenomena of interstate communication, among which the most urgent are the issues of nationality, in particular dual and multiple nationality. The author examines the differences between the terms "multiple nationality" and "dual nationality" on the basis of international agreements, in connection with which the conclusion is made about the lack of similarity in the content of these terms due to different legal regulation. The author analyzes the treaty practice on issues of dual nationality on the example of bilateral agreements. The author gives a modern classification of treaties on dual and multiple nationality, reflecting the current approaches of the states to these phenomena. The author concludes that despite the large number of bilateral agreements it is necessary to develop a new universal approach to the international legal regulation of multiple and dual nationality, which would reflect the current practice of legal regulation of bi- and polypatrism.
Keywords:
polypatrism, bipatrism, multiple nationality, dual nationality, nationality, international treaty, international cooperation, international law, jus soli, jus sanguini
International civil law/private law
Reference:
Kurochkina E.M. —
Legal Problems of Enforcement of Foreign Arbitral Awards set aside at the Place of Arbitration
// International Law.
– 2023. – № 1.
– P. 40 - 49.
DOI: 10.25136/2644-5514.2023.1.39941 EDN: FEPRSC URL: https://en.nbpublish.com/library_read_article.php?id=39941
Review:
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (the 1958 New York Convention) allows recognition and enforcement of arbitral awards in most countries of the world. Court practice of the states has revealed some problems of application of the 1958 New York Convention. One of such problems is recognition and enforcement of the arbitration award cancelled by the state court in the place where it was made. In the process of research of legal consequences of execution of annulled arbitral awards both general scientific methods of knowledge (analysis and synthesis, induction and deduction, generalization) and special scientific methods (formal-logical, formal-legal and method of legal prediction) were used. The scientific novelty of this work is the rationale that the recognition and enforcement of annulled arbitral awards lead to negative consequences. Enforcement of arbitral awards annulled at the place of their rendering undermines the status of such institution as arbitral dispute resolution and the whole system of acts aimed at regulating the activity of arbitration. Execution of such decisions leads to a violation of the principles of legal certainty, lis pendens, res judicata, pacta sunt servanda, and most importantly - violates the rights of participants in arbitral proceedings. It is noted that attempts are being made to amend the mechanism of recognition and enforcement of arbitral awards, established by the 1958 New York Convention, with regard to the enforcement of annulled arbitral awards. It is proposed to make such changes through the adoption of an additional protocol to the 1958 New York Convention or a new international treaty.
Keywords:
legal regulation, res judicata principle, delocalization of arbitration, European Convention, legal consequences, New York Convention, enforcement of arbitral award, annulment of arbitral award, foreign arbitral award, international commercial arbitration