Development of separate branches of international public law
Reference:
Aristov E.V.
Activity of the World Bank and International Monetary Fund aimed at prevention and alleviation of poverty
// International Law.
2017. ¹ 2.
P. 1-6.
DOI: 10.25136/2644-5514.2017.2.21701 URL: https://en.nbpublish.com/library_read_article.php?id=21701
Abstract:
The subject of this research is the normative and practical activity of the international organizations – World Bank and International Monetary fund regarding the development of strategies, programs, and corresponding measures on the struggle against poverty. The author examines such aspects of the topic as the adoption by the aforementioned international organizations of joint documents and realization of joint measures on reducing the level of poverty. Special attention is given to the content of strategies and programs adopted by these organizations since 1974 – acknowledgement of the need for acceptance and implementation of political measures on redistribution of the material resources among population. The scientific novelty consists in determination of the key state measures necessary for the successful fight against poverty. Author’s special contribution into this research consists in the assessment of activity of the international financial organizations – World Bank and International Monetary Fund aimed at struggle against poverty, as well as the analysis of strategic documents and programs enacted by these international organizations.
Keywords:
International cooperation, Globalization, Strategy, Program, Political measures, Problem of poverty, Reduction of poverty, Alleviation of poverty, Prevention of poverty, Poverty
International civil law/private law
Reference:
Pravdina A.A.
Phenomenon of delocalization of international commercial arbitration
// International Law.
2017. ¹ 2.
P. 7-18.
DOI: 10.25136/2644-5514.2017.2.23161 URL: https://en.nbpublish.com/library_read_article.php?id=23161
Abstract:
The article discusses the phenomenon of delocalization of international commercial arbitration, its correlation with national law and order. The author analyzes various concepts of the idea of international commercial arbitration, the degree of autonomy of international arbitration, in particular the subject of analysis covers such issues as interference of national courts in the arbitration process, recognition of foreign arbitral awards and arbitrability of international commercial disputes. Special attention is paid to the study of the legal nature of international commercial arbitration as a specific form of justice. As methods of research, a comparative legal method, an analytical method, and a method of logical generalizations are used. With the help of these methods, the author formulates the definition of delocalization, which refers to the formation of a transnational legal regime that is not bound by national legal orders, but formed on their basis, the tendency to an absolutely independent autonomous regime. Thus, despite the fact that the independent nature of international commercial arbitration lies in its nature, along with the principle of autonomy of the will of the parties and contractual nature, arbitration cannot be completely independent of national legal orders, since they are the basis of its origin.
Keywords:
autonomy of international arbitration, arbitrability, legal nature of arbitration, national judicial control, supranational order, extraterritoriality, transnational character, delocalization, international commercial arbitration, objective arbitrability
Integrational law and supernational associations
Reference:
Kurbanov R.A.
Commission of the Indian Ocean basin Countries : history of development, the institutional framework and scope of activities
// International Law.
2017. ¹ 2.
P. 19-30.
DOI: 10.25136/2644-5514.2017.2.23091 URL: https://en.nbpublish.com/library_read_article.php?id=23091
Abstract:
Indian-Ocean Rim Association: history of development, institutional framework, and spheres of activity This article examines the international sub-regional organization – Indian-Ocean Rim Association, its institutional structure, history of establishment, impact upon national legislation of the member-states, key directions of activity, and projects. Cooperation of countries within the framework of the Indian-Ocean Rim Association was originally initiated due the need for resolving certain of issues (food shortage; provision of security; financial, energy, and environmental resources), and at current stage does not cover the general issues of economic integration, but rather touches upon the sectoral regional cooperation (for example, protection of ocean resources, etc.) realizes in the context of specialized programs, as well as in form of direct cooperation between the separate member-states. Efficiency of the work is limited by the low budget of the organization, which mostly consists of investments of the third parties (countries of the European Union and other international or regional organizations). Peculiarity of this sub-regional organization lies in the fact that since the moment of establishments of the Indian-Ocean Rim Association, it has always worked with the system of the United Nations, but the traditional partnership has developed only in recent years, which results in the work of the Association with almost all specialized institutions of the United Nations.
Keywords:
indianamerica identity, international organization, Africa, Indian Ocean, regional law, national law, International law, European Union, sub-regional organization, economic integration
International law and national law
Reference:
Logvinova I.V.
Grounds and limits of legal regulation of constituents of the Russian Federation in the area of international relations
// International Law.
2017. ¹ 2.
P. 31-44.
DOI: 10.25136/2644-5514.2017.2.22688 URL: https://en.nbpublish.com/library_read_article.php?id=22688
Abstract:
The subject of this research is the grounds and limits of legal regulation of constituents of the Russian Federation in the area of realization of international activity. Norms of the Constitution of the Russian Federation established the criteria for allocation of competencies and authorities without specification of the notions and content of the international and foreign economic relations. This is namely why there is a need for examination of an entire list of questions. The author turns to analyzing the normative legal acts of the federal and regional level that regulate international and foreign economic relations of the Russian regions. The scientific novelty of this work is defined by the fact that there is a lack of comprehensive scientific works that allow revealing the question of legal regulation of the international activity of constituents of the Russian Federation, which holds special importance in the context of deeper understanding of the problem of demarcation of competencies and authorities in the Russian Federation. In conclusion, the author determines the grounds of legal regulation of the constituents of Federation in the area at hand, identified a number of contradictions, as well as proposed measures on improving the normative legal acts of federal and regional level.
Keywords:
Authorities, Foreign policy, Constituent of the Russian Federation, Competencies, Legal regulation, Law, Coordination, International relations, Federation, Constitution
International law and national law
Reference:
Kurbanov R.A.
Eurasian law in law system of the Russian Federation
// International Law.
2017. ¹ 2.
P. 45-65.
DOI: 10.25136/2644-5514.2017.2.23145 URL: https://en.nbpublish.com/library_read_article.php?id=23145
Abstract:
At present time, the transition to multipolarity and failure of the idea of unipolar world is an undisputable fact. Under such circumstances, the regional integration process acquire special importance, becoming an intrinsic part of evolution. Due to the intensified geopolitical competition, rapid creation of the new regional economic, social, military political, and legal spaces alongside the multi-format organizations, Russia inevitably faces the task of reconsideration and correlation of the existing directions of regional cooperation, development of the new multi-vector policy, primarily in the Eurasian space. Crucial role in the process of achieving the set goals belongs to law, which manifests as a regulator of the relations at the national and multinational levels. In such context, the universal concept of Eurasian law is the key instrument that reflects various aspect in development of the integration process in Eurasian region. The article represents the author’s concept of formation of the Eurasian law based on the analysis of doctrinal approaches that reveal the theoretical legal grounds, genesis, main features and peculiarities of the Eurasian law as a part of international law. The development of Eurasian law will undoubtedly conduce the promotion and propaganda of Eurasian values around the world and increase of the role of Eurasian pole on the international arena.
Keywords:
subject of law, international law, cooperation, multipolary, new regionalism, law system, integration, Eurasian law, international organization, principles of law