Subject Matter Of Dispute Research Articles

The Subject Matter of Disputes over Competences in Cases not Subject to General Administrative Procedure

The Subject Matter of Disputes over Competences in Cases not Subject to General Administrative Procedure

Neutrality or Involvement? World War II and Evolution of Foreign Policy Concepts of the Nordic Countries

In the middle of the 20th century a unique subsystem of international relations emerged in the Northern Europe, which has turned it into one of the stablest and most peaceful regions during the Cold War period. Nowadays, rising international tensions bring new relevance to the history lessons of World War II, its origins and aftermaths. The paper examines the evolution of the Nordic countries’ views on the issue of neutrality from mid-1930s to the end of 1940s. The first section considers the approaches of the Scandinavian countries to the establishment of a collective security system in the region in the interwar period. In that regard, the paper focuses on the Swedish project of the Northern defense alliance, which was aimed at deepening military cooperation between the states of the region and strengthening their ability to jointly deter any aggression as the best way to guarantee their neutrality. However, this project had not been implemented, because it faced both cool reactions from the leaders of Norway and Denmark and suspicion from the leading powers. According to the author, the fundamental reason for the failure of that project was that Sweden, Norway, Denmark, and Finland sought support and protection from different, opposing great powers. The latter circumstance had also to a large extent predetermined the fate of the Scandinavian countries during the war years, when almost all of them were in one form or another involved in the conflict. The victory of the anti-Hitler coalition both opened new opportunities and posed new challenges for the states of the region: in the emerging bipolar world they rapidly turned into the subject matter of dispute of the superpowers. In these conditions, Sweden once again put forward the idea that in order to preserve peace in the region, the Nordic countries should be able to defend their neutrality and proposed the establishment of a Scandinavian Defense Union. In the final section, the paper examines the reaction to this project of the Scandinavian countries, the Soviet Union, the United States, and Great Britain. The author shows that although this reaction was more than restrained, and the project was not implemented, Sweden’s initiatives contributed to the creation of a unique security architecture in Northern Europe, where each state of the region had its own role with the neutral Sweden serving as a balancing force.

CASE “UKRAINE V. RUSSIAN FEDERATION”. DETERMINATION OF THE DISPUTE SUBJECT-MATTER AND JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE

The article deals with the case “Application of the International Convention for the Suppression of the Financing of Terrorism and the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. The Russian Federation)”, initiated by the Application of Ukraine of 16 January 2017. On November 8, 2019, as a result of the preliminary objections raised by the Russian Federation on September 12, 2018, on the Court’s jurisdiction and the admissibility of the claim, the UNs International Court of Justice rejected the preliminary objections of the Russian Federation in favor of Ukraine. In the judgment, the Court identified the subject-matter of the dispute between the parties and established its jurisdiction in accordance with art. 24.1 of the International Convention for the Suppression of the Financing of Terrorism and art. 22 of the International Convention on the Elimination of All Forms of Racial Discrimination. In the article, particular attention is paid to both the analysis of the findings of the ICJ on the determination of the dispute subject-matter (disputed issues that will form the basis of the case merits) and the examination of the Court’s jurisdiction in the case. Ukraine v. Russia case has been brought by Ukraine after the events that have taken place in the east of our state and in the south – in the Crimea since the spring of 2014 and on which parties have different views. The Court noted that issues of purported “aggression” of the Russian Federation against Ukraine, or “unlawful occupation” of the territory of Ukraine by the Russian Federation, as well as the proclamation of the status of the Crimea by the Court are not within the subject-matter of dispute in the present case. In respect of the events in eastern Ukraine, the applicant initiated proceedings only under the International Convention for the Suppression of the Financing of Terrorism. In Crimea, Ukraine’s claims are based solely on the International Convention on the Elimination of All Forms of Racial Discrimination. Based on established jurisdiction, the Court will be able to make a final determination solely on whether by its actions (inaction) the Russian Federation has breached its international legal obligations under the conventions mentioned above – within the limits set out in the claim of Ukraine. In view of the subject-matter determined by the Court, the ICJ deciding on the merits of the case will, first, establish whether under the International Convention for the Suppression of the Financing of Terrorism the Russian Federation was required to take measures and cooperate in the prevention and suppression of alleged terrorism financing in the context of events in eastern Ukraine and, if so, whether the Russian Federation has breached such obligations. Secondly, the Court will determine whether the respondent violated its international legal obligations by discriminatory measures applied, based on Ukraine’s position, against the Crimean Tatar and Ukrainian communities in the Crimea. The Court’s finding on the violations of the abovementioned international treaty rules will result in the Russian Federation being held liable, including in the forms of immediate termination of these violations, the resumption by the Russian Federation of the fulfillment of its international obligations under the discussed conventions, as well as compensation for losses, including those of financial kind – as it was claimed by Ukraine. Keywords: Ukraine, Russian Federation, United Nations International Court of Justice, the subject-matter of the dispute, jurisdiction, convention, terrorism financing, racial discrimination, eastern Ukraine, Crimea.

Lex sportiva as the contractual governing law

Contracts involving sports matters, such as the participation of an athlete in an international sports competition, would normally have a clause submitting disputes to arbitration under the rules of the Court of Arbitration for Sports. As a result, in international sports disputes, the subject matter of disputes has been predominantly decided by a private tribunal. In making such decisions, the Court of Arbitration of Sports has been interpreting and applying the rules established by sports governing bodies. Consequently, in its 30 years of existence, the Court of Arbitration for Sports has produced a rich jurisprudence regarding sports disputes. Such body of case law, combined with the rules of the sports governing bodies, has created what today is called a lex sportiva. Hence, this paper aims at analysing the concept of the lex sportiva to trace a parallel to its closest source of transnational law, the lex mercatoria. From that, following the principle of party autonomy, it will be argued if lex sportiva is already the governing law in some sports-related contracts or if it is desirable, whether lex sportiva can become the governing law to a contract in the same manner that today lex mercatoria can be the parties’ choice of law in a contract.

Spinal dural arteriovenous fistulas: Pathogenesis, clinical manifestations, diagnosis, treatment

The paper describes spinal dural arteriovenous fistulas (SDAVF), the most common type of spinal cord vascular anomalies. SDAVFs account for 60–80% of the spinal cord vascular anomalies. The causes of SDAVFs, the specific features of their hemodynamics, and their classification remain the subject matter of disputes. SDAVFs form in dura mater tissue, on the dorsal surface of radicular cuffs. The pathogenesis of neurological disorders in SDAVF has determined the name «venous hypertensive myelopathy», a spinal cord injury occurring in their presence. Pain and paresthesias, cacesthesia (more commonly in their distal parts), and motor disorders as flail legs are observed at the onset of SDAVF in typical cases. On average, 12 to 44 months elapse to establish its diagnosis. In addition of motor and sensory disorders, sphincter impairments and sexual dysfunction are detected in the patients at the time of diagnosis. By this time, most patients have already neurological disability. The paper presents the history of studying SDAVF, the existing classifications of arteriovenous malformations and fistulas, the clinical manifestations of venous hypertensive myelopathy in SDAVF, neuroimaging findings, and treatment options.

The Force Majeure ‘Excuse’

Abstract This article elucidates the general meaning, concept, and scope of the legal doctrine of ‘force majeure’. It deals briefly with the concept and application of force majeure in the United Arab Emirates and addresses specifically whether, and if so, and when economic recession can amount to a force majeure excuse. Furthermore, the article also explains the application and impact of the ‘catch-all’ phrases that are used to define force majeure in many prevailing agreements, which are the subject matter of disputes today.

Hannevig v. United States.

Treaties — Operation and Enforcement of — Necessity for Municipal Legislation — Self - Executing Treaties — Treaty Dealing Specifically with Subject Matter of Dispute — The Law of the United States of America.