In view of the current global outer space-related transformation processes, the legal regime concerning the natural resources of celestial bodies has become one of the most challenging issues to coherently resolve at international and, accordingly, national legal levels. This issue is even more evident in the context of the following factors. Firstly, international space law provides for a regime that is applicable to all space activities, but it has yet to establish a special regime specifically addressing the natural resources of celestial bodies. Secondly, in the absence of specific international law rules, contemporary international partnerships on celestial bodies, such as the US-led Artemis Campaign and the Sino-Russia initiative on the International Lunar Research Station (ILRS), do provide for their own vision on the future use of lunar natural resources: for instance, the United States, along with fifty partner states, follows a proactive legal approach (both for exploration and exploitation) as stipulated in the Artemis Accords, while the alternative ILRS emerging partnership articulates a broader, more general vision of the future in-situ use of lunar resources for the support of the relevant missions. Thirdly, current Russian laws (as well as the Chinese) do not specifically address this issue unlike those of the United States, Luxembourg, the UAE, and Japan. Fourthly, the BRICS cooperation, which includes representatives of both de facto competing Moon partnerships, also extends to the outer space domain. And, fifthly, related activities in outer space are economically feasible provided that a balanced multilateral approach is negotiated. Accordingly, based on an analysis of all these factors, this article focuses on determining mechanisms for the convergence, where admissible, of the different legal approaches so that a balanced multilateral regime may be established.

This article examines the concept of force majeure as a legitimate defense for contracting parties seeking to mitigate or avert contractual liability. Given recent global events, this prompts an inquiry into the implications of the COVID-19 pandemic and focuses on a comparative legal analysis of the Russian and South African legislative frameworks and doctrinal interpretations on force majeure. The scope of this article does not extend to the specific implications of the COVID-19 pandemic. The analysis outlines the salient and distinctive characteristics of the governing common law and civil law regulations applicable to force majeure events. Notably, the authors scrutinize the definition of force majeure and the resultant consequences arising from force majeure clauses in commercial contracts. This includes a detailed examination of the relevant provisions of the Civil Code of the Russian Federation concerning force majeure, along with the judicial interpretations rendered by the Supreme Court of the Russian Federation. Following this, the article investigates force majeure as established within the South African legal paradigm. The present study meticulously examines the force majeure defense from contractual liability. The authors underscore the parallels observed in both doctrinal principles and case law findings across the Russian and South African jurisdictions that establishes a comprehensive repository of research to instances where parties invoke a force majeure clause within their contracts. This inquiry particularly pertains to commercial interactions among BRICS nations. Furthermore, the article explores the legal concept of impossibility regarding fulfilling obligations, given that force majeure is a legally recognized ground for the non-performance of contractual commitments. The present study analyzes current legislation and prevailing scientific doctrines, employing a comparative legal methodology. The authors assert that the force majeure provisions and the impossibility of contract performance within the legal frameworks of Russia and South Africa exhibit notable similarities. For commercial legal transactions, the authors advocate adopting the force majeure definitional clause articulated by the International Chamber of Commerce (ICC) because it deems the most judicious and balanced approach. Furthermore, they propose a standard clause incorporating the essential force majeure clauses. In formulating their recommendations, the authors also consider the principles of the margin of appreciation doctrine, thereby ensuring a nuanced understanding of its implications.

This article analyses the development of Brazilian consumer protection in disputes involving cross-border consumer transactions through the lens of private international law in light of the growing impact of economic globalisation, which has encouraged the consumption of foreign goods and services. To achieve this objective, the study employs two methodologies: the dogmatic method, which involves the analysis of relevant norms at the international and domestic levels, and the empirical method, which examines the leading cases and other judicial cases that reflect prevailing jurisprudence on the matter. The article also examines legislative bills and treaty drafts that are aimed at the future regulation of consumer protection at the international level.

This article analyses the landmark case of Commissioner: SARS v. Levi Strauss SA (Pty) Ltd (hereinafter Levi), in which the Supreme Court of Appeal in South Africa decided on the issue of the “origin” of goods in international trade. In South Africa, this issue is regulated by the Customs and Excise Act 91 of 1964 (CEA). The origin of a product is easy to establish when a product is wholly produced in one country. But when the production of a good occurs across different countries, then the rule usually is that the origin of goods is determined based on the “last substantial transformation” of the product. However, in the Levi ruling, the court made this decision without any consideration of South Africa’s international obligations under the Agreement on Rules of Origin and misinterpreted the origin test set out in the Protocol on Trade in the South African Development Community. Moreover, the court also failed to adequately contextualise its reasoning in relation to the default position on the determination of origin in South African law under the CEA. This paper critiques the court’s approach in this regard and assesses its broader implications for origin determinations.

The research paper majorly analyses the EPC Contracts in the Oil and Gas sector in India. Construction of oil and gas facilities consume substantial time and costs, and EPC Contract is one of the models used by the Owner for the development of the same. There are inbuilt provisions in the tender documents to ensure transparency and fairness in the tendering process. However, there is a possibility of misuse or abuse of the discretionary power by the employees to favour a bidder to the detriment of public interest. The paper first identifies the various possible means through which public officials and bidders try to circumvent the law and contract to gain business, unlawfully. Then subsequently the measures taken in tender documents to curb corruption and ensure the efficacy of the EPC Contract in the prevention and detection of the corrupt practices are analysed. The authors try to identify and analyse the provisions in the contract that build public trust and enhances public participation in the government tender process. The role of judiciary in the prevention of corrupt practises, creation of a level playing field for all bidders and encouraging competitiveness by ensuring fairness and reasonableness in the government dealings is also discussed in this research paper. The paper concludes with recommendations to bring more transparency and equitability in the tender process.

The work presents a comprehensive study of legal regulation of interbudgetary VAT distribution in the People’s Republic of China in the context of the country’s socio-economic development. Particular attention is paid to the analysis of financial decentralization and the distribution of income from value-added taxation at the municipal district level and the distribution of budget revenues in the provinces of the People’s Republic of China. Decentralized distribution of value added tax has a great impact on innovative development in the context of an imbalance in budget expenditures. The author makes a conclusion that one of the key factors for the success of Chinese reforms is the stimulation of provincial and local authorities to develop the economy by combining the expansion of budgetary powers with the administrative and disciplinary control methods. The harmonization of central functions and the separation of financial and legal powers between different levels of government allows Chinese authorities to focus on the following targets: (1) concentration of financial resources; (2) balanced regional development; (3) motivation of local authorities through decentralization; (4) effectiveness of financial control. The inter-budgetary distribution of VAT in China is one of the significant financial and legal instruments of effective socioeconomic policy. Modern legal regulation of inter-budgetary VAT distribution in the PRC is aimed at supporting industrial policy and expanding production capital based on the gradual transfer of the tax burden from production to consumption while maintaining stable budget revenues from value-added taxation.

This article examines the different issues involved in saving the Aral Sea, viewing them in their unity and interconnections. The causes of the Aral Sea crisis are explored, alongside a general overview of the current state of the sea and the Aral Sea region. An analysis of transboundary water resources in Central Asia is provided. The study also analyzes the evolution and progression of interstate cooperation in saving the Aral Sea and the surrounding region. Furthermore, the article examines, from a legal perspective, the regulatory frameworks underpinning cooperation efforts and discusses the main directions of activity of intergovernmental bodies tasked with addressing the problems of the Aral Sea basin. The authors claim that the Central Asian region has not yet been able to reverse the situation associated with the degradation of the former Aral Sea. The efforts of the five states of this region are clearly insufficient in dealing with this global environmental problem, and it is evident that broader external international assistance is needed. At the same time, the established regional cooperation mechanisms have led to significant accomplishments in the issue of the current management of each of the five bordering countries’ water withdrawal limits and forecast operation regimes of the reservoir cascades in the Syr Darya and Amu Darya River basins. This has played a crucial role in preventing acute water conflicts in the region, which undoubtedly would have arisen long ago without this cooperation. Following an analysis of all the factors, the article authors propose several recommendations to improve the recovery process of the Aral Sea.

This article presents the results of a systematic analysis of the legal regulation of extradition of persons for criminal prosecution or execution of a sentence in the BRICS (BRICS+) countries. The central authorities of the BRICS (BRICS+) countries responsible for extradition are specified. The key projects of experts and initiatives undertaken by the states at the relevant BRICS platforms are studied and presented, such as the BRICS Anti-Corruption Working Group (ACWG), the BRICS Council on AntiMoney Laundering and Countering Financing of Terrorism (AML/CFT) and the BRICS Counter-Terrorism Working Group (CTWG). Taking into account the expansion of the BRICS group and the effective cooperation between the competent authorities of the BRICS countries in the sphere of international legal cooperation, the directions and possible ways for the further development of the legal regulation of extradition within the framework of the BRICS are described.

On October 17–19, 2024, the Institute of State and Law, University of Tyumen, organized the VI Siberian Legal Forum on the topic “Law in the Era of Artificial Intelligence: Challenges and Modern Tasks.” Since its inception in 2014, the Forum has evolved into a creative platform, bringing together experts from all fields of Russian law, including practicing lawyers and representatives of state and municipal authorities. The three-day Forum featured a variety of formats, such as a plenary session, panel discussions, round tables, foresight session, legal disputes, presentations, open lectures by leading scientists, book presentations, as well as a cultural program.