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MAIN PAGE > Journal "International Law" > Contents of Issue № 03/2018
Contents of Issue № 03/2018
Development of separate branches of international public law
Korableva S.Y. - The questions of definition and concept of the general principles of international criminal law pp. 1-6

DOI:
10.25136/2306-9899.2018.3.27179

Abstract: Based on the comparative analysis of the works of foreign and national authors, this article describes the difference in approaches towards the concept of the “general principles of international criminal law”. Such aspects of the topic as the demarcation of general principles of law and general principles of international law, as well as their correlation directly with the “general principles of international criminal law” are carefully examined. Attention is turned to the thesis that the division of principles into general (characteristic to international law) and sectoral (inherent to international criminal law), let alone, viewing the in reference to each other, is unreasonable. It is proven that the origins of the principles of international criminal law must be searched for not in the principles of international law, but the general principles of law. The author underlines that the common to Russian theory of criminal law rigid division of the principles and general part should be acknowledged not only inapplicable for the international criminal law, but also factitious in its essence. Therefore, this article suggest the landmark definition of the general principles of international criminal law, which to a greater extent corresponds with the regulation of the Rome Statute of the International Criminal Court that the traditional Soviet definition, as well as develops their system.
Kudel'kin N.S., Rednikova T.V. - The Arctic and non-Arctic countries: environmental-legal and international legal aspects on the example of China’s Arctic policy pp. 7-19

DOI:
10.25136/2306-9899.2018.3.27585

Abstract: Currently, the Arctic becomes a territory of the conflict of interest for a wide variety of countries, including those located far from the polar circle. The goal of this work is the analysis of tasks and goals of such countries in the Arctic, as well as the possible consequences of escalation of their activities. The White Paper “China’s Arctic Policy” declares the interest to cooperation in the following spheres: climate change, environment, scientific research, use of sea routes, resource survey and exploitation, security and international relations, as well as emphasizes China’s reliance on environmental situation in the Arctic. Due to the conflict of interests between the Arctic and non-Arctic states and desire of the latters to take strong positions in the region, a question on the adoption of special international document that would regulate the order and limits of activities of all subjects becomes urgent. The authors believe that collaborative work of the Arctic and non-Arctic states aimed at preservation of nature of the Arctic, can become a powerful environment-oriented instrument, which allows applying the scientific and economic potential of the entire humanity. At the same time, the realization of environment-oriented activity should not grant the priority right to the subjects for the natural resource development. The non-Arctic countries can also significantly contribute to preservation of the Arctic nature through introduction of the domestic policy aimed at minimization of their negative impact on the environment. Such measures can become more efficient for the protection of Arctic environment, than the measures implemented directly in this region.  
International civil law/private law
Belikova K.M., Akhmadova M.A. - Legal characteristic of the concept of “investor” and its relation to the forms of implementation of China’s investment activity pp. 20-34

DOI:
10.25136/2306-9899.2018.3.27088

Abstract: The subject of this research is the concept of “investor” and its relation to the forms of implementation of investment activity, and certain forms of capital investment (foreign capital companies, subsidiaries of foreign companies, FIPE) allowable in China’s legislation. The authors perform their legal analysis, underlining the benefits and burdens of each of the indicated forms of implementation of investment activity. Particular attention is given to the legal regime of their activity; emphasis is made on their specificity from the perspective of current standing, as well as the 2015 Draft Foreign Investment Law of the People's Republic of China. The scientific novelty lies in consideration of the forms of disposal of investments in relation to the concept of “investor”. A conclusion is made that with account of the national specificity, the basic legal conditions for attracting foreign investments to China differ from the traditional and used in practice by other countries in regard that the legal regime of foreign investments as such is not actually determined in China, because the activity of foreign investors mostly concentrates on possibility of establishment of partnerships, foreign capital companies, and others. At the same time, the investors can count on such traditional mechanisms as tax exemptions in terms of constant improvements of the acting legislation, etc.
Nikitin V. - The concept of foreign construction organization pp. 35-43

DOI:
10.25136/2306-9899.2018.3.27459

Abstract: The object of this research is the category of “foreign construction organization as a subject of entrepreneurial activity in the Russian Federation”, which the author understands in a broader sense that a foreign legal entity that possesses special legal capacity in the territory of the Russian Federation. Foreign construction organization is viewed from the perspective of entrepreneurial law as a foreign actor in the Russian legal framework. The subject of this research is the acting in this regard legal regulators and doctrinal formulations. The article analyzed the developed by the science of private international law category of personal law of the legal entity, legal capacity of the foreign entity, and approaches to their interrelation. The author determines the two legally significant attributes of the foreign construction organization – subordination to the foreign personal law, realization of core business in accordance with the requirements of the Russian legislation); and based on that formulates the conceptual definition of the indicated subject. In addition, the author highlights the two conditions that allow viewing de facto of the subject of entrepreneurship as foreign construction organization (presence of foreign control over the operational activity and reliance on the foreign technical regulation), as well as stipulates their interrelation with the legal conditions of implementation of activities in the territory of the Russian Federation.
Integrational law and supernational associations
Zakharov E. - The development of unified scientific infrastructure in terms of the single services market of EAEU research and development sector pp. 44-61

DOI:
10.25136/2306-9899.2018.3.27386

Abstract: The establishment of the single services market within the framework of integration institution anticipates the introduction of changes to the relationship between its member-states. Interaction of the EAEU member-states in terms of functioning of the single services market of research and development sector cannot be productive without the unified scientific infrastructure. Functioning of the single services market of EAEU research and development sector will inevitably lead to the need for changes in acting legislation, adoption of the corresponding national and transnational normative legal acts. The article is dedicated to examination of the legal framework of EAEU member-states regarding the enshrinement of the positions on the establishment of scientific infrastructure within the framework of formation of the single services market of research and development sector; the examples of regulation of the single market in terms of EU are provided. In the course of this work, the author determined that currently the scientific infrastructure of the EAEU member-states is fragmented; its separate structural elements are regulated differently in the EAEU member-states; there are discrepancies in the approaches of EAEU member-states towards reforming and development of the scientific-technical potential. The main conclusion lies in the relevancy for systematization of separate elements of the system that comprise the scientific infrastructure into a single block for the more efficient performance.
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