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Moscow Journal of International Law

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No 1 (2025)
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ВОПРОСЫ ТЕОРИИ

6-16 454
Abstract

INTRODUCTION. The principle of most favored nation (MFN) has long been used as an international legal instrument for regulating international trade between States in relation to customs duty rates. The main feature of the principle lies in the role that a third State plays in a bilateral legal relationship: participants (subjects) of a legal relationship are required to automatically provide the partner State (the authorized party) with any benefit granted to any third state, for example, a low rate of customs duty on imported goods or commodities. And, on the contrary, has the right to demand and receive such a privilege from the obligated party. The provision or receipt of a reduced rate for goods from the partner state is formalized and carried out by an act or acts of internal law (customs tariff, customs code, etc.), and this introduces a change in the internal customs regime of the interacting states. The principle of the most favored nation between two States is enforced and applies if the partner States receive benefits for goods in the partner State under the same most-favored-nation regime in comparison with the benefits granted to a third State for similar goods. The need to compare, contrast and equalize internal legal regimes in a coordinated sphere of relations at the most favorable level is an essential feature of the MFN principle, the main specific method of regulation. Over the past centuries, the MFN principle has come a long way in its formation and development, and today a new look at it is needed.

MATERIALS AND METHODS. The study of this topic and the solution of the task was carried out on the basis of a wide range of materials from the practice of using the MFN principle and its interpretation, the theoretical sharpening of many aspects, and the use of methodological tools traditional for the humanities (law) sciences.

THE RESEARCH RESULTS. During the development of the topic, the history of the formation and development of MFN principle, its significance for the international law order and the prospects for its use as a norm of international law, as a principle and method of regulation appear in a slightly new light.

DISCUSSION AND CONCLUSIONS. Despite the extensive scientific literature on MFN principle, there are still many unresolved, contradictory opinions and positions about its nature and essence, its normative force and effectiveness, its impact on interstate relations and its place in the global legal system. MFN principle appears today not only as a norm and principle of international law, but also as a principle-institutio, as a method (mechanism) of regulation. At the same time, the scope of its application is expanding, and the regulatory method embedded in it allows for the use of MFN in other potentially suitable areas. MFN principle is turning into an unit of interbranch law formation. In the international trading system and the international trade law order, MFN principle until recently possessed cogent properties, merging into a kind of trinity with the principle of national treatment and the principle of non-discrimination. With the modern transformation of the international system and the world order, MFN principle, as a universal, global principle, is reproduced at the regional and interregional levels, undergoing fragmentation characteristic of international law as a whole. At the same time, MFN principle has become and remains an integral part of the internal content of many fundamental principles of international law, as well as part of the generalizing principle of peaceful coexistence of States and civilizations.

17-30 351
Abstract

INTRODUCTION. The study of the prerequisites of the current international legal position of the Holy See and the Vatican City State requires a reflection on the status of the Papacy from 1870 to 1929. During this period, the Holy See maintained its independent international position despite the annexation of the Papal States to Italy. An analysis of the doctrine of that time will make it possible to demonstrate what theoretical constructions were proposed by international lawyers to explain the unique place of the Holy See in interstate communion.

MATERIALS AND METHODS. The study used a wide range of works by representatives of Russian, English, American, German, French, Italian, Spanish, Swiss, and Belgian doctrines of international law of the 19th and first half of the 20th centuries. It used general scientific methods (analysis, synthesis, induction, deduction, systematic method) and special scientific methods, including historical-legal methods and formal-legal methods.

RESEARCH RESULTS. The article analyses foreign and Russian (including the early Soviet) doctrine concerning the status of the Holy See in the period from 1870 to 1929 and assesses the conceptual divergence of scholars on this topic.

DISCUSSIONS AND CONCLUSIONS. Based on the analysis of doctrinal sources, it is concluded that the legal position of the Pope began to receive the attention of international jurists after 1870 when the Catholic Church area was annexed to Italy. The fall of the Papal States initiated an intense doctrinal debate as to whether the international personality of the Papacy survived the events. The overwhelming majority of jurists were convinced that the Papacy after 1870 had lost its state status, having been wholly deprived of the prerogatives of governing a certain territory and population. Some scholars, identifying international legal personality only with statehood, concluded that after 1870, the Holy See retained its international legal status de facto (as a manifestation of quasi-subjectivity). Other scholars saw in the Holy See a unique de jure legal personality. However, several scholars denied the Holy See's de facto and de jure international legal personality.

INTERNATIONAL ECONOMIC LAW

31-48 390
Abstract

INTRODUCTION. The relevance of the study is confirmed by the fact that in the context of globalization of the world economy, as well as for further economic integration within the CIS and other border countries, it is necessary to have a unified and structured transport system that provides sustainable logistics links between the participating countries of these structures. At the present stage, such functions can be performed by international transport corridors, one of which is the International North – South Transport Corridor (hereinafter – INSTC). In this paper, the authors consider the current legal regulation and regime of the INSTC, as well as study the issues of implementation of the INSTC project in the foreseeable legal realities and in the emerging world economic multipolarity. The authors analyze the provisions of the main legal acts adopted in this area, as well as the potential and prospects for the development of this project. The basic normative-legal document and legal basis for the regulation of this INSTC is the Intergovernmental Agreement on the International Transport Corridor “North – South”, which was signed on September 12, 2000 during the Second International Euro-Asian Conference on Transport in St. Petersburg between the Russian Federation, the Islamic Republic of Iran, the Republic of India and the Sultanate of Oman.

MATERIALS AND METHODS. The main works of Russian and foreign scholars in the field of international law devoted to the study of legal regulation of international transport corridors, including the INSTC served as information for the study of the research question. The methodological basis for the consideration of this study was the general scientific and special methods of cognition (dialectical method, methods of analysis and synthesis, deduction and induction, comparative-legal and historical-legal methods).

RESEARCH RESULTS. As a result of the study, the authors conclude that the INSTC is one of the most important relevant corridors and transport arteries of the modern multipolar world. The established and constantly improving legal and regulatory framework and the practice of application of these acts in this area emphasize only the importance and relevance of continuous improvement of existing and potential gaps in the legal regulation of this multimodal route. Such gaps in legal regulation are the absence of a single information and legal space on this corridor, a single legal field in the field of transportation, an effectively functioning system of operations that carry out the procedure of currency settlements, as well as clearly established norms of control at border and customs checkpoints and interaction of customs services of the member states. In this regard, the representatives of the participating states are actively interacting with each other at various regional and global platforms in order to solve the range of planned and set tasks, as well as to exchange views on topical legal issues on the current agenda. Thus, it is noted that not only an orderly systematization of normative and legal acts is important, but also their improvement and actualization in connection with the current geopolitical conditions in the region. The favorable geographical location of the transport route and, as a consequence, the optimization of the process of cargo transportation taking into account time gain, cost reduction and distance minimization, the participation and implementation of large investments by the CIS and border countries in this project all these factors only emphasize the fact that the INSTC can rightfully become a new trade “Silk Road”, connecting all countries interested in this project into one large and unified logistics. It is indisputable that for the Russian Federation the successful functioning of this multimodal route will have a positive impact not only on the improvement of regulations in the field of the national transport and logistics system and the development of this industry as a whole, but also on reaching a new level of competitiveness of cargo units among other foreign ports and the growth of socioeconomic indicators in the southern regions of Russia, through the territory of which the INSTC passes. Taking into account all of the above, the authors emphasize that this transport corridor already has, in fact, megaregional significance and can serve as a vivid example for improving international economic, transport and logistics relations between many states of different geographical regions. The authors have analyzed the legal regime of the INSTC, systematized definitions and the most important provisions of legal acts in this area, and developed practical recommendations to improve the legal framework of the INSTC.

DISCUSSIONS AND CONCLUSIONS. The authors draw attention to the fact that the system of normative-legal acts developed in this sphere should be constantly improved and regulated in accordance with the actual current geopolitical conditions in the region and the national legislation of the states directly involved in the implementation and operation of the INSTC project. Thus, it would be more appropriate to form a single legal field in the field of implementation of transportation services, namely, to implement legal harmonization in the field of registration of customs documents, to apply unified transportation documents, unified rules of interaction in transport hubs, to coordinate the activities and cooperation of customs services, to simplify border crossing procedures on the principle of a single window, to create the necessary conditions for the transition to the usage of the institution of authorized economic operator (AEO) in the corridor countries, to ensure the implementation of digitalization of transport documents, exchange of information flows between member states, the formation of a common tariff policy of this corridor, the introduction of a mechanism of payments and mutual settlements between participants in foreign economic activity.

49-68 359
Abstract

INTRODUCTION. Southeast Asia possesses substantial resources and a favorable geographical position, enabling participation in global value chains, which provides a significant impetus for the region’s technological development. However, ASEAN member states face challenges such as brain drain, delays in technology commercialization due to underdeveloped patent systems, and cultural-legal gaps. For these reasons, this study investigates ASEAN’s flexible integration methods to ensure the free movement of researchers and innovations, develop the patent system, and improve mechanisms for funding science, technology, and innovation.

MATERIALS AND METHODS. The research is based on ASEAN agreements, legal acts, strategic and official documents related to the legal regulation of science, technology, and innovation. Additionally, international agreements in the field of patent law and legally significant indicators from the WIPO database were analyzed. The study also considers publications by Russian and international scholars (primarily ASEAN nationals) in international and integration law. General scientific and specialized legal methods, including legal positivist, systemic-legal, comparativelegal, and historical-legal methods, were used.

RESEARCH RESULTS. The evolution of ASEAN’s legal acts in the regulation of science, technology, and innovation demonstrates that the region avoids directly replicating EU models. Instead, it combines the gradual implementation of measures to ensure the free movement of researchers and technology exchange, adapted to the national specificities of member states. The flexibility of integration measures is also confirmed by the member countries’ right to opt out of specific joint initiatives.

DISCUSSION AND CONCLUSIONS. Since 1997, ASEAN has encountered cultural and legal gaps among member states in forming unified legislation in science, technology, and innovation. As a result, in 2010, a decision was made to focus on the economic foundation of technological development rather than the socio-cultural aspects. Consequently, in 2012, ASEAN agreement on the movement of natural persons was signed, and measures for the mutual recognition of qualifications were introduced. National patent systems were harmonized with international standards, which accelerated the registration of technological patents within ASEAN. While it also led to an increase in patents filed by foreign entities. A solution emerged through the establishment of a specialized body – the ASEAN IP Academy. Academy proposes improvements to national patent systems and trains scientific and technological personnel to file patents under the new rules. Thus, Southeast Asian countries, striving to develop their own technological markets, employ ASEAN’s flexible integration methods to balance embedding their economies into global technological value chains with fostering their own innovation potential based on mediumand high-level technologies from global leaders.

69-82 385
Abstract

INTRODUCTION. This article discusses growing popularity of investment arbitration as a forum for resolving sanctions-related disputes. The crunch point, however, is that so far none of such disputes brought before investment tribunals has resulted in the arbitral award. Thus, investment arbitration, despite its mentioned attractiveness and growing popularity, largely remains terra incognita for persons wishing to pursue sanctions-related disputes. The authors contribute to this emerging discussion providing analysis of relevant recent case law. The purpose of this Article is to examine how investment tribunals have interpreted good faith as a requirement for a lawful exercise of police powers and to explore how these findings can be used in the sanctions-related disputes from an investor’s perspective. The choice of this topic is based on the hypothesis that governmental officials of the sanctioning state typically accompany the adoption of sanctions with public statements that can be used by the sanctioned investors to expose the lack of good faith on the part of the sanctioning state and crush the state’s invocation of the police powers. It is these statements that may reveal that a sanctioning state, in the words of the Eskosol tribunal, acts for ulterior purposes.

MATERIALS AND METHODS. General scientific methods of cognition (analysis, synthesis, induction, and deduction), special legal methods (formal-legal, technical-legal, method of legal analogy), comparative legal and primarily case study method were used in the presented research. The authors focus on the probative value that arbitral tribunals ascribe to public statements. They also examine other evidence relied upon by investors to prove the absence of good faith of the state and, on this basis, to distinguish lost cases from successful ones. The forthcoming analysis will consist of a review of the following cases in which the good faith requirement has been scrutinized by arbitral tribunals: Marfin Investment Group v. Cyprus, ICSID: Award, 26 July 2018, Deutsche Bank v. Shri Lanka, ICSID: Award. 31 October 2012, Casinos v. Argentina, ICSID: Award of the Tribunal. 5 November 2021 and Sodexo v. Hungary, ICSID: Excerpts of Award. 28 January 2019. These cases are chosen because they analyze good faith as a requirement for the conduct of the state receiving investments and they pay sufficient attention to the discussion of the evidence presented by investors.

 

RESEARCH RESULTS. Presented analysis has shown that investment arbitration proceedings do not result in elimination of sanctions. Investment treaties which serve as a jurisdictional basis for investment arbitration disputes provide for compensation as a primary remedy. At the same time, investment arbitration may provide investors with an opportunity to obtain compensation from the sanctioning state, or, at least, to encourage that state to initiate consultations and persuade it to lift sanctions in a friendly manner. For those investors who have been unsuccessful in achieving the desired outcome through negotiations, it is important to consider what “trump cards” or defences the sanctioning state may rise in arbitration. Undoubtedly, the main “trump card” is the police powers doctrine, which has been deservedly referred to as a recognized component of State sovereignty. This “component” is invoked by the respondent state in virtually every dispute involving a public interest, such as public order or security. To invoke the police powers as a defence is a natural, almost intuitive step for a state as the doctrine allows for regulation to protect the public interest without being held liable for breach of international investment obligations to foreign investors.

DISCUSSION AND CONCLUSIONS. Authors came to the conclusion that states do not possess extremely broad discretion to interfere with investments in the exercise of legitimate regulatory authority. The standard of proof for bad faith allegations is clear and convincing or cogent evidence. Not only is the standard important, but also the quantity – the evidence must be sufficient. No matter how laudable the goal that a host state declares, this fact would not prevent a tribunal from finding that a genuine, behind-thedoors aim was political. Tribunals ascribe different weight to public media statements of state officials. The principle of proportionality can serve the investor’s position even in the absence of clear and unambiguous public statements from top officials. To draw the tribunal’s attention to the timing of the events surrounding the challenged measures may contribute to the investor’s success.  

83-95 374
Abstract

INTRODUCTION. One of the catalysts of the development of the European investment fund industry has been the inception of the undertakings for collective investment in transferable securities (UCITS), the number of which currently exceeds 35,000 funds, who manage assets worth more than 9,5 trillion euros. UCITS are central to the European investment market with their substantive impact on the European economy having been evident for several decades. The identification of the legal factors contributing to the high efficacy level of these undertakings constitutes the primary objective of the research. To achieve this goal, the following tasks shall be addressed: 1) to examine the legal framework governing the activities of UCITS schemes at various stages of its development, so as to estimate the fundamental rules underpinning their operations; 2) to determine the specifics of the functioning of the collective investment vehicles under consideration in terms of modern legislation.

MATERIALS AND METHODS. Apart from general scientific methods (analysis, synthesis, induction, deduction, etc.), the specific methods employed within the research are as follows: historical-legal, formal-legal and technical legal methods, which determined the logical structure, content and scientific integrity of this article. The assessment of legislation, other legal acts of EU institutions, white papers, so as official documents of CESR and ESMA presented below is based on Russian and foreign doctrine, mainly in terms of categorization of various types of UCITS schemes.

RESEARCH RESULTS. The most significant findings of the research are summarized hereinbefore. 1. The European Union has implemented a comprehensive compendium of rules governing the activities of UCITS. 2. Conditions ensuring fair competition among UCITS at the EU level, as well as between these schemes and different types of funds operating in the US have been 3. Effective and uniform protection of investors has been provided. 4. Restrictions imposed on the free movement of UCITS within the EU have been eliminated.

DISCUSSION AND CONCLUSIONS. The legal framework for UCITS funds, which embodies a comprehensive set of rules, is continuously evolving. The high level of maturity of the regulatory framework for UCITS is determined not only by their significance to the European economy, but also because the collective investment schemes, in general, raise capital from retail investors. It requires additional safeguards to protect the latter’s rights and interests.

96-109 281
Abstract

INTRODUCTION. The global financial system plays a crucial role in development financing, ensuring economic stability and growth. However, the existing international financial architecture, primarily shaped by the Bretton Woods institutions, has been criticized for its inefficiencies, lack of inclusivity, and inability to meet the financial needs of developing economies. This article explores the legal dimensions of development financing, focusing on the governance of the International Monetary Fund (IMF) and the World Bank, the role of Special Drawing Rights (SDRs), and the broader implications of financial reforms on global economic governance.

MATERIALS AND METHODS. This study employs a multidisciplinary legal approach, integrating international legal analysis with economic perspectives. The methodology includes a review of primary legal sources such as treaties, institutional regulations, and UN resolutions, alongside secondary sources, including academic literature and reports from international financial organizations. Comparative and historical analyses are used to assess past and present reform efforts.

RESEARCH RESULTS. The findings indicate that the current financial system disproportionately favors developed economies, limiting access to development financing for low-income and emerging economies. High borrowing costs, inadequate debt relief mechanisms, and restricted access to SDRs exacerbate economic inequalities. Recent reform proposals within the IMF and World Bank seek to address these disparities by adjusting voting rights, expanding SDR allocations, and revising financial regulations to promote fairer global economic governance.

DISCUSSION AND CONCLUSIONS. The study underscores the need for a fundamental restructuring of the international financial system to ensure equitable access to development financing. While recent proposals signal progress, their implementation depends on political will and international consensus. Future reforms should focus on enhancing transparency, strengthening financial resilience, and ensuring that global financial institutions serve the collective interests of all nations, not just the most economically powerful ones.

МЕЖДУНАРОДНОЕ ПРАВО МАССОВОЙ ИНФОРМАЦИИ

110-124 455
Abstract

INTRODUCTION. Today the international legal regime of cyberspace is in need of more accurate, additional regulation, since there are some particular aspects, such as cybercrime, where there is no universal legal source of law (i.e. international treaty). According to the author’s opinion, the artificial prolongation of the negotiation process can be justified by the desire of certain states to «master» a new territory of international law in advance, while being guided by the provisions of domestic legal regulation. For a long time the international community at the UN level had no mechanisms of influence on illegal activities in this domain. Thus, the number of cybercrimes committed in cyberspace was rapidly increasing, since cybercriminals resorted to the anonymity of this space. The recognition by states as primary subjects of international law of the growing problem of cybercrimes in the absence of the valid universal source of international law more than twenty years later led to the creation of the United Nations Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes, 2024.

MATERIALS AND METHODS. This article is based on the references to the works of Russian and foreign specialists studying new provisions of the UN Convention against Cybercrime, 2024, as well as some theoretical issues in the field of international criminal law, devoted to the problem of application by states of the so-called «principle of active jurisdiction» and “principle of passive (personality) jurisdiction”. In addition to general, basic research methods such as analysis, synthesis, induction and deduction, the author uses special research methods, such as comparative legal method for a comprehensive study of the international legal position of states on the issue of cybercrime. The subject of this study is international relations of the UN member states related to cooperation in suppressing and combating cybercrimes.

RESEARCH RESULTS. As a result of the study, the author identifies two main problematic aspects of the implementation of the document: 1) passive personality jurisdiction, and 2) the issue related to the protection of personal data. There is a probability that instead of the stated goals of the UN member states to fight crimes, committed in cyberspace, the main efforts of these actors will be aimed at the right to construe the provisions of the Convention against Cybercrime, guided by the norms of domestic legislation.

DISCUSSION AND CONCLUSIONS. The current legal tendency is that the rules of the legal regime of cyberspace are dictated not only by states as the main subjects of international law, but by leading IT companies and private organizations asserting the right to autonomous regulation with only minimal participation of states as well as international organizations. Despite the fact that the UN Convention against Cybercrimes has been adopted, each state perceived its final goal differently when drafting the text of the document. Some states remain skeptical and suppose that the final convention has certain legal lacunae and thus prefer to use the 2001 Budapest Convention to combat cybercrimes.

125-137 425
Abstract

INTRODUCTION. This article explores the concept of “cyber sovereignty”, understood as the set of legal claims and mechanisms through which states seek to control and protect their interests in the digital domain. Amid the rapid development of information and communication technologies, the transnational nature of cyberspace, and the lack of unified international norms, debates on the applicability of classical state sovereignty to the digital realm are intensifying. The paper examines various approaches taken by different countries (Russia, China, the United States, EU member states, etc.) in regulating cyberspace, highlighting the growing importance of cybersecurity in international law, and analyzing the role of international organizations (including the UN) and key documents such as the Tallinn Manual 2.0.

MATERIALS AND METHODS. The study is based on a qualitative analysis of academic literature, international legal instruments (UN Charter, International Court of Justice rulings, doctrinal documents), national cybersecurity strategies (Russia, the USA, China, among others), and a comparative examination of state practices and positions regarding cyber sovereignty. General and specific scientific methods – analysis and synthesis, systematic and comparative-legal approaches – were employed to identify legal gaps and contradictions in the regulation of the digital environment.

RESULTS. The analysis shows that states increasingly aim to extend the concept of classical sovereignty to cyberspace by developing national legislation and creating independent cyber jurisdictions. This trend is reflected in the strategies and doctrines of several countries (China, Russia), which seek to control their segment of the internet. At the same time, a rift remains between states that advocate for an open and free internet (the USA, EU states) and those that prioritize strengthening national control over the digital sphere. In practice, it is difficult for states to reach consensus on the permissible scope of intervention and the application of the principles of non-intervention and sovereignty in cyber operations.

DISCUSSION AND CONCLUSIONS. The analysis reveals legal uncertainty in defining what kinds of cyber operations violate sovereignty, as well as in the categorization of cyber espionage and low intensity cyberattacks. The UN and its specialized expert groups (GGE, OEWG) are working on harmonizing approaches; however, no single universal mechanism has yet been established. The most acute controversies concern recognizing sovereignty in the digital sphere as a distinct norm of international law and establishing clear criteria for legitimate cyber operations. Overcoming legal gaps and reducing the risk of conflict require the development of universal principles that account for the unique characteristics of cyberspace, as well as the deepening of international cooperation, including the exchange of information and the creation of rapid response mechanisms to cyber threats.

LAW OF THE SEA

138-154 316
Abstract

INTRODUCTION. Agreement between the Government of the Russian Federation and the Government of Japan on some issues of fisheries was signed on February 21, 1998 (hereinafter referred to as the 1998 Agreement). The area of application of the 1998 Agreement encompasses the Russian territorial sea around the islands of Iturup, Kunashir, Shikotan, and Habomai (the Lesser Kuril Islands). Opinions expressed in the scientific and legal literature as well as by representatives of the Russian fishing industry regarding the 1998 Agreement, its significance, and the advisability of its implementation varied. For instance, it was argued that the 1998 Agreement was a political concession made by the Russian government to Japan with the hope of creating a favorable climate for investments in Russia's economy. [Zilanov 1998:50-53]. Another viewpoint was expressed, suggesting that the 1998 Agreement represents a compromise between the positions of Russia and Japan. [Vylegzhanin, Neverova 2016:35-62]. In 2022, Russia made the decision to suspend the implementation of the 1998 Agreement due to the failure of the Japanese side to fulfill its financial obligations. In light of the unfriendly measures taken by the Japanese government, Russia informed Japan of its inability to arrange intergovernmental consultations regarding fishing in the specified areas of the Russian territorial sea.

MATERIALS AND METHODS. The present study is based on an analysis of the 1998 Agreement as a source of international law within the overall systemic context of its norms regarding the conservation and management of marine living resources. The spatial dimension and substantive legal content of the 1998 Agreement are examined in detail, and various perspectives on its contemporary significance in terms of Russia's national interests are presented. The methodological framework comprises general scientific methods of research (analysis, synthesis, induction, and deduction), as well as specialized legal methods (formal-legal and comparative legal).

RESEARCH RESULTS. The current political and legal assessment of the 1998 Agreement, its Annex, as well as the annual Memoranda is determined by the general context of international legal norms applicable to relations between Russia and Japan in the field of conservation and management of marine living resources. It is noted that the 1998 Agreement, its Annex, as well as the annual Memoranda do not contain any obligations of Japan to grant similar rights to fish for marine living resources to Russian vessels in the territorial sea of Japan, for example, near the Japanese island of Hokkaido. The insignificant economic importance of the 1998 Agreement for both contracting parties is revealed in the general context of fisheries relations arising from other intergovernmental bilateral agreements between Russia and Japan.

DISCUSSION AND CONCLUSIONS. The conservation and management of marine living resources in the areas adjacent to the Southern Kuril Islands is complicated by the differing views of Russia and Japan regarding the status of these islands. Japan, as is well known, disputes Russia's sovereignty over them; in this context, the 1998 Agreement is a unique international treaty of Russia, in the sense that neither its text nor its Annex mentions Russia's sovereignty over the “disputed” islands. At the same time, as shown by the analysis of the 1998 Agreement, it is evident that by signing this document, Japan agreed that Japanese fishermen, when fishing off the shores of the “disputed” islands, are subject to Russia's jurisdiction; that law enforcement measures against violating fishermen will be applied by the Russian side based on both international and Russian law. However, this fragile legal compromise is now under threat following Japan’s unfriendly actions towards Russia. Moreover, Japan continues to lay claim to the aforementioned islands of the South Kuril Ridge even after the conclusion of the 1998 Agreement.

INTERNATIONAL PRIVATE LAW

155-170 396
Abstract

INTRODUCTION. In the context of enhancing regional integration the legal regulation of international energy cooperation receives a new interpretation in the texts of agreements being signed. This study combines the legal and economic aspects of developing such cooperation. The purpose of the study is to identify potential partners for Russia in terms of practical implementation of raw materials toll manufacturing in the field of oil and natural gas processing among the participants of the Greater Eurasian Partnership, as well as to assess the existing regulatory field. To achieve the aim of the study, the author proposes to classify the countries of Greater Eurasia into groups, and to analyze the readiness of the most promising prospective partners legal frameworks for the implementation of the corresponding cross-border projects.

MATERIALS AND METHODS. The methodological basis of the research is grounded in a formal dogmatic approach to the interpretation of international legal acts currently regulating certain aspects of the implementation of cross-border raw materials toll manufacturing. Economic analysis of law is applied to classify prospective partners by the level of economic integration to identify those with whom the author considers it practical to enhance the legal regulation of raw materials toll manufacturing in the field of energy cooperation. Cross-border raw materials toll manufacturing is presented in the context of monism and dualism in international law.

RESEARCH RESULTS. As the result, the author identifies four prospective areas for cooperation, namely Azerbaijan, Belarus, Kazakhstan and China. At the same time, with Belarus and Kazakhstan, the regulatory field is being actively developed, which is associated with certain aspects of the raw materials toll manufacturing being regulated at the level of the Eurasian Economic Union (EAEU), while the international legal basis for such cooperation between Russia and Azerbaijan is practically absent, and between Russia and China it is at the initial stage of formation, but compared to the law of the EAEU it is developed to a much lesser extent. From the viewpoint of private law regulation, there are a number of features of regulation at the national level, and that does not allow us to talk about harmonized approach.

DISCUSSION AND CONCLUSIONS. In order to intensify the pace of energy cooperation within the framework of cross-border raw materials toll manufacturing with these countries, the author suggests to focus on the already established law-making and law enforcement practices, by including the necessary norms in the EAEU Treaty or developing acts of doctrinal legal nature that are necessary for harmonization, since at the moment the plan to develop a distinct multilateral agreement for international legal regulation of transborder raw materials toll manufacturing will be difficult to implement.

171-182 317
Abstract

INTRODUCTION. Derivative financial instruments (derivatives) are in high demand in international commercial turnover. Although the economic and legal literature presents the point of view that derivatives can exist in the form of securities, the most common is the contractual approach to derivatives. According to this approach, derivatives are commercial contracts, the value of which depends on a certain variable known as the underlying or base asset. In some cases, derivative contracts have cross-border nature and thus they can be viewed as international commercial contracts. Despite the existence of Russian-language derivatives studies published by Russian legal scholars, derivative financial instruments are usually considered in domestic rather than international context. In the present publication, the author makes an attempt to fix this gap and analyzes transactions with derivatives as international commercial contracts accompanying cross-border movement of goods and services. The main emphasis in the article is made on standard templates used by the parties to contracts that are derivative financial instruments.

MATERIALS AND METHODS. The author used 2002 ISDA Master Agreement as a basic source for the present article. This agreement is the most recent version of a standard framework contract for derivatives trading in international financial markets. The methodological base of the publication is represented by general scientific methods (analysis, synthesis, induction, deduction) as well as specific legal research methods. In particular, formal legal method was employed for the literal interpretation of the provisions of the standard documentation, while historical method was invoked to describe the evolution of standard derivative market templates. Apart from that the author employed statistical methods to evaluate the volume of derivatives market and the place that standard contracts have in over-the-counter derivatives trading.

RESEARCH RESULTS. The article claims and proves that over-the-counter derivative transactions can be defined as international commercial contracts that fall under the scope of international private law. Over-the-counter derivatives transactions are concluded based on standard templates containing provisions related to dispute resolution and applicable law. The research made covered such issues as contractual parties, the form of cross-border derivative transaction, the contents of the contract as well as the liability following the breach of contractual obligations. The key feature of these agreements is the possibility of early termination through close-out netting. Another feature is the flexibility when concluding transactions as they may be entered into orally while the failure to deliver a formal document evidencing the terms of the trade does not lead to the invalidity of the transaction itself.

DISCUSSION AND CONCLUSIONS. The author comes to conclusion that ISDA standard templates are widely used in international trade. This fact is evidenced by case law as all doctrinal sources. However following the introduction of unilateral restrictive measures adopted by foreign states, the ISDA role in contractual regulation of derivative trading will decrease due to their unavailability to Russian parties.

BOOK REVIEW

183-193 304
Abstract

INTRODUCTION. The history of international law has attracted special attention of domestic legal scholars in the past and continues to arouse high scientific interest among legal researchers at the present time. There is no doubt that this issue will not cease to be the subject of serious scientific research in the future. The ongoing scientific study of issues related to the history of international law is quite justified. On the one hand, the ongoing development of international relations and modern trends in interstate interaction allow us to rethink past events in world life. On the other hand, the future sustainable and effective development of international law is impossible without analyzing the past. This is explained by the fact that turning to the accumulated experience of international legal regulation, as well as to early and subsequent concepts of international law, can provide invaluable assistance in solving the problems facing the world community in modern times. In this regard, there is no doubt about the relevance of the monograph by I.Z. Farkhutdinov «Evolution of International Law – from Westphal to Versailles», published in 2024.

MATERIALS AND METHODS. The writing of this work is based both on the approaches and conclusions formulated in the monograph under review, and on the scientific works of domestic and foreign international lawyers on the issues under consideration. In preparing the review, general scientific and special methods of cognition used in legal research were used.

RESEARCH RESULTS. The chronological framework of the presented study is designated by the adoption of a few important international documents, which, on the one hand, marked the completion of the Thirty Years' War of 1618-1648 and the First World War of 1914-1918, respectively, and, on the other hand, established certain models of international relations in a specific historical period. The monograph opens with a study of the origin of international law as a regulator of interstate relations. Then it moves on to the problems of the Vienna Congress and the formation of the Vienna system of international relations. The final part of the monograph is entitled «From Sarajevo to Versailles. From the «law of military conflicts» to the First World War.

DISCUSSION AND CONCLUSIONS. In conclusion, it is noted that the monograph by I.Z. Farkhutdinov «Evolution of International Law – from Westphal to Versailles» is a monographic work with a deep personal view of the history of international law of the 16th-20th centuries, with extensive use of the achievements of related social sciences: history, theory of international relations, political science, which makes a significant contribution to the development of international legal science. On the one hand, it invites to discuss the stated topic, and on the other, serves as a guide for future legal research on the history of international law (both the legal system and science), as well as interstate relations. In addition, it is hoped that subsequent studies of the evolution of international law, covering other geographical and chronological frameworks of its historical development, will be reflected by the author of the monograph under review in his further scientific research.



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