Есть ли компетенция у «крымских» арбитражей?
The article discloses the key Russian legal arguments with regard to the competence of the international investment arbitration tribunals to consider claims of the Ukrainian citizens ad entities, who have lost their assets in Crimea after its reunification with Russian Federation in 2014. Author, directly involved into the representation of the defendant in such international proceedings analyzes the international law sources regulating the territorial application of the international treaties and legal nature of the tribunal’s jurisdiction and particularly concludes that in the context where Ukraine does not officially recognize Crimea as part of Russia, any Ukrainian investments on the peninsula are not covered by the relevant BIT and arbitration tribunals have no jurisdiction to resolve such disputes.
This article is an attempt to highlight the issues, associated with a latency of crimes under Art. 170 of the Criminal Code of the Russian Federation, and to propose mechanisms to detect these criminal violations. The author analyzes the reasons hindering the identification of the crimes, described in the article. In the present article also discusses the features of investigative jurisdiction of a crime under Art. 170 of the Criminal Code of the Russian Federation, which may also influence the degree of latency of this crime.
Review of cases decided by the Russia’s highest courts in connection with international arbitration.
The Chapter on Russia deals with the particularities of decision-making methodology used by the Supreme Court of Russia, in comparison with that of the US Supreme Court. It offers an overview of the Russian Supreme Court jurisdiction, justiciability and standing and the main issues arising in these areas.
In many countries, including Russia, models of bilateral investment treaties (or models BIT) have been approved, on the basis of which specific treaties between different countries are then concluded. In this article, the author examines several «schools» of bilateral investment treaties: American, European, and Asian. The study is based on an analysis of the practice of concluding bilateral investment treaties by foreign countries.
The main idea of this article is focused on the new phase of the state programs of investment treaties, which includes the analysis of new models of bilateral investment treaties and invalid old models of treaties of this kind. It ends up with an assessment of the effect which new models BIT can produce on future investment contractual relations between economic entities and the receiving investments of states.
The article studies contemporary prerequisites and peculiarities of regulation of intellectual property in digital networks, researches in detail variants of possible jurisdictions in digital networks as applicable to protection of rights of intellectual property, touches upon the issues of applicable law and exceptions in protection of rights of intellectual property in digital networks.
This book is devoted to the international dispute resolution in various contexts.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/