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BRICS Law Journal

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Vol 3, No 1 (2016)
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https://doi.org/10.21684/2412-2343-2016-3-1

ARTICLES

7-33 719
Abstract

The article presents research on the general approaches taken by BRICS countries through their legislation and legal orders to counteract anticompetitive market strategies such as abuse of dominant market power and market structure control, as a means of both global and regional governance in the legal orders ofChina,India,Russia, andSouth Africa. The author pays particular attention to current legislation of the BRICS countries in the field of competition protection with regard to provisions related to (1) the criteria for establishment of a dominant market position and (2) market structure control and restriction of anticompetitive mergers & acquisitions, and 'concentration' of enterprises' market power control fixed by Asian (China and India), Euro-Asian (Russia), and African (South Africa) legal orders and prohibition of abuse of market power. The article argues that our society is interested in the engagement of the population in trade and industrial activity. This is the general rule. Nowadays, however, this rule allows exceptions: restrictions on freedom of trade can be justified by exceptional circumstances in certain cases and under certain circumstances (e.g. an exemption necessary in the interest of security of the state or public interest). The analysis of substantial contents of the laws on competition and monopolies of the abovementioned BRICS countries and relevant case law shows the existence of a number of conventional, generally acknowledged (unified) provisions and norms. At the same time, there are specific features that make them different. These generally acknowledged provisions and peculiarities are a focus of the article.

34-41 733
Abstract

The BRICS countries are of critical importance to both supply and demand fundamentals of energy markets globally. Today BRICS plays a very important role in the system of international energy security. BRICS energy diversification is driven by concerns for energy security. The potential for a BRIC energy partnership is thus enormous. The development of the BRIC countries in the next coming decades will include demographic changes with a growing middle class population which will demand more energy and resources that our world has the potential to supply.

A Green Energy Revolution is the panacea to solve major social, economic and envi­ronmental effects of their growing populations. This paper is an attempt to highlight the cooperation among the BRICS Nations for the development of Energy Sector and at the same time the concerning issue of climate change etc. It further discusses about the contribution of BRICS countries in the global economy. This paper also discusses about the role of the BRICS Nations in collaboration with the International Energy Agency.

42-65 2420
Abstract

This paper aims to examine the legal regime related to define the outer limits of the continental shelf beyond 200 NM. Firstly, special focus will be on the development of the legal concept of the continental shelf. Relevant provisions of the LOS Convention and Article76 inparticular will be scrutinized. Subsequently there is an assumption on which the principles of the Arctic outer continental margin delimitation will be conducted in relation of hypothetic application during the practice of an international adjudicative body. The delimitation within 200 NM and beyond200 NM will be compared. The fourth chapter will be concentrated on the role of the Commission as an important participant of delimitation process. Also there will be a general overview of the state practice concerning the establishment of the outer continental margin in theArctic, the reaction of other Arctic States and recommendations of the Commission.

It will be concluded that 'there are some difficulties in implementing the Article 76 (locating the foot of the slope and dealing with ridge issues), however it is possible to delimit the continental margin of the world based on the Article 76.' Difficulties in implementing and some discrepancies in provisions of the Article 76 do not constitute grounds for considering of a new legal approach. Discrepancies are mainly con tained in the Rules of Procedure and in the Scientific and Technical Guidelines of the Commission. They can be disposed practically without considering the legal concept. In case of unresolved land or maritime dispute the cooperation among coastal states is the best way to avoid conflicts while delimiting the outer continental margin.

66-89 863
Abstract

The Non-Proliferation Treaty (NPT) is an international treaty that should be implemented during both peace and wartime. However, the obligations included in the treaty are dependent upon states' attitudes regarding other issues. Non-use of nuclear weapons is directly related to negotiations done for the purpose of non-proliferation of nuclear weapons, non-production or accumulation by other means and disarmament. In our day, prevention of the proliferation of nuclear weapons has been one of the issues of international law.

The present study is of crucial significance due to its endeavor to clarify the general principles of Humanitarian Law in a relationship to the threat of nuclear weapons' up to now, a special norm; significantly limiting or completely prohibiting the use of nuclear weapons, has not been accepted in international law. However, customary international humanitarian law regarding the use of nuclear weapons holds great value because of its purpose in eliminating nuclear weapons as a means of war through ascertaining their non-use and also appeasing the importance of nuclear ascendancy. In this respect, the NPT regime and its relationship with international humanitarian law will be discussed. Firstly, the NPT background, formation, main objectives and principles will be analyzed. In order to evaluate the relationship between the NPT and humanitarian law, the humanitarian obligations in general, humanitarian obligations in the context of the NPT and fulfillmen t of these obligations under the NPT should be studied. One of the main parts of the study is nuclear disarmament obligation included in the NPT. In this section, nuclear disarmament obligation in the context of the NPT and the legal framework of possible, general and comprehensive disarmament will be examined.

COMMENTS

90-125 798
Abstract

The article focuses on the impact of the TRIPS Agreement provisions on further development of international technology transfer (ITT) mainly to developing countries. The authors review the critical specificity of ITT connected with the adoption of TRIPS. Much attention is paid to an analysis of what is most discussed among international experts in the area of the issues on the dual results of stronger intellectual property rights (IPRs) concerning various groups of developing countries. Their study also examines a number of problems with implementation of the TRIPS provisions, conducive to ITT, in the context of the TRIPS-plus era as a new stage in strengthening IPR protection. Bearing in mind the fragmentation of the international regime of IPR protection because of the adoption of numerous regional free trade agreements, the authors outline the possible position of advanced developing and least developed countries with respect to using TRIPS potentials for development of ITT under reasonable and just terms, with the aim of overall prosperity.

126-137 513
Abstract

The article analyzes the new rules securing the protection of rights introduced in the Russian Civil Code. New enforcement provisions in the Code will contribute to the stability and sustainability of business transactions in the market economy and the observance of contractual discipline. They aim at ensuring the most complete restoration of violated civil rights and restoring the situation that existed before the violation. Positive changes appear in Article 395 of the Code, including penalties prescribing interest payments on unpaid funds for nonperformance of a monetary obligation. The changes to this article have already been tested in practice, as found in a number of interpretations announced in the decisions of higher courts of the judiciary. Yet, an analysis of the Code reveals the absence of any form of penalty in the chapters on the individual types of obligations. Furthermore, a forfeiture occurs only in certain circumstances where it is required due to the nature of the legal relations, as under, for example, transport charters and codes, and laws on the supply of goods for state requirements.

BOOK REVIEW NOTES

138-143 472
Abstract
Reviewed book: Corder Hugh, Veronica Federico, and Romano Orrù (eds.) The Quest for Constitutionalism: South Africa Since 1994 (Ashgate Publishing, Ltd. 2014).

CONFERENCE REVIEW NOTES

144-151 3882
Abstract

The first Forum of theBRICSNetworkUniversitywas held at the initiative of the Russian Ministry of Education at theUralFederalUniversityinYekaterinburg,Russiaon the 6-9 April, 2016. The Forum included representatives of the Ministries of Education and Science and 44 universities fromRussia,India,China,BrazilandSouth Africato form an effective collaboration within the framework of the most ambitious BRICS project in the sphere of education and research -BRICSNetworkUniversity. The project aims to create a unified educational environment, the enhancement of academic mobility and training of highly-qualified professionals in the top priority areas of the member states development.



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ISSN 2409-9058 (Print)
ISSN 2412-2343 (Online)