Международный арбитраж по проблеме Южно-Китайского моря и морские территориальные споры в Северо-Восточной Азии
A collection of papers of the international conference “Security and Cooperation in the South China Sea” incorporates the presentations of its participants – the most prominent and authoritative world-class specialists from the United States, Japan, India, Australia, the European Union and Russia who have long been studying the problems of this region. They examine the situation in Southeast Asia and the South China Sea from variousstandpoints, analyse the history of the conflict, its juridical and political aspects, and the involvement of great powers therein. The common element that unites the texts offered to the reader is the authors’ desire to find the mostoptimal ways to resolve the dangerous standoff, to make available for the governments of the countries of the region a sort of a “roadmap” to a world of stability and cooperation.
This article examines the position of Russian state courts, in particular, of the Supreme Commercial Court, w i t h regard to the arbitrability of disputes concerning the transfer of title i n real estate and of corporate disputes under Russian law. These specific issues are dealt w i t h i n the light of the general approach of Russian courts to arbitration. Firstly, some necessary explanations are given in relation to Russian regulation, practice and attitude towards arbitration. Then, the approach of the Russian state commercial courts w i t h regard to the arbitrability of real estate and corporate disputes is described and compared w i t h their general attitude to arbitration manifested in Russian case law. Finally, the author's viewpoint on the possible concerns underlying the apparently incongruent stance of the commercial courts to the arbitrability of real estate and corporate disputes is discussed.
An elaboration on Code on Conduct of Parties in the South China is one of the hottest topics in current Asia-Pacific geopolitics. Nevertheless, this project is unlikely to be completed owing to incongruence between the main lines of contradictions over this issue and the instruments to keep them within manageable bounds. Under these circumstances, a probable failure of Code on Conduct may produce a stabilizing rather than a negative effect on the South China Sea issue.
As part of the legislative work of the common rules of civil procedure to be applied by the courts of general jurisdiction and arbitration courts, the author draws attention to the problem of unification and codification of principles. The thesis of the need for a broader approach: inclusion in the new code as a major, cross-industry principles and institutions, and the principles of international law relating to the rights, freedoms and legitimate interests of the person, including the judiciary. Based on the analysis of the main provisions and principles of international law, the author concludes that there is a need for consolidation in the new code of principles of a fair trial, to be informed with regard to matters affecting the rights, freedoms and legitimate interests; freely exercise procedural rights; access to free legal aid in cases stipulated by the federal law; compliance with private and public interests; compliance with the principle of legal certainty. In this case the focus is on what part of the principles of the concept of a fair trial is already familiar civil and arbitration process, and the other part - only by the decisions of the European Court of Human Rights Complaints against the Russian Federation. However, mechanical transfer of the principles already enshrined civil process in the new code will not be consistent with the objectives and purposes of civil proceedings. Principles of Civil Procedure necessary to comprehend the subject progressively developing legal, judicial practice, including the European Court of Human Rights. Avtor by the example of the openness and consideration of the case within a reasonable time demonstrates the objective necessity of updating the content of the principles of civil proceedings, taking into account the use of electronic public services. The article also draws attention to the need to establish a uniform level of legal safeguards that arise from the generally recognized principles of international law, the rights, freedoms and legitimate interests in judicial and non-judicial proceedings.
China's Labor Contract Law came into force on January 1, 2008. One of several important legislative acts aimed at improving the processing of labor grievances through mediation, arbitration, and litigation, and averting collective labor protest, it provides that all employed persons must work under written individual employment contracts. We evaluate the legislation's impact nationally and by province for the years before and after the law's adoption. Observing that the law's effect varied substantially across provinces, we estimate the effects of the law, controlling for time, development level, export intensity, and migrant labor share, on the volume of disputes by province using a cross-sectional time series design. We also examine the law's impact on the incidence of collective disputes and the grounds for disputes. We find that the law significantly increased the volume of labor disputes, raising questions about the relative costliness of the government's strategy for managing employment relations.
The article deals with the processes of building the information society and security in the CIS in accordance with modern conditions. The main objective is to review existing mechanisms for the formation of a common information space in the Eurasian region, regarded as one of the essential aspects of international integration. The theoretical significance of the work is to determine the main controls of the regional information infrastructure, improved by the development of communication features in a rapid process.The practical component consists in determining the future policies of the region under consideration in building the information society. The study authors used historical-descriptive approach and factual analysis of events having to do with drawing the contours of today's global information society in the regional refraction.
The main result is the fact that the development of information and communication technologies, and network resources leads to increased threats of destabilization of the socio-political situation in view of the emergence of multiple centers that generate the ideological and psychological background. Keeping focused information policy can not be conceived without the collective participation of States in the first place, members of the group leaders of integration - Russia, Belarus and Kazakhstan. Currently, only produced a comprehensive approach to security in the information field in the Eurasian region, but the events in the world, largely thanks to modern technology, make the search for an exit strategy with a much higher speed. The article contributes to the science of international relations, engaging in interdisciplinary thinking that is associated with a transition period in the development of society. A study of current conditions in their relation to the current socio-political patterns of the authors leads to conclusions about the need for cooperation with the network centers of power in the modern information environment, the formation of alternative models of networking, especially in innovation and scientific and technical areas of information policy, and expanding the integration of the field in this region on the information content.