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«Russian Journal of Comparative Law» – Law scientific Journal.

E-ISSN 2413-7618

Publication frequency – 2 times a year.

Issued from 2014.

2 June 01, 2016


Articles and Statements

1. Hamed Alavi
Arbitration and LC Fraud Disputes: a Comparative Approach

Russian Journal of Comparative Law, 2016, Vol. (8), Is. 2, pp. 59-72.
DOI: 10.13187/rjcl.2016.8.59CrossRef

Abstract:
Historically, litigation is the method of choice for resolving fraud related disputes in Documentary Letters of Credit (hereinafter - LC). However, it is difficult to meet the standard of proof and obtain injunction and stop bank from paying to fraudulent beneficiary. In late 1990’s Blodgett and Meyers proposed for the first time the possibility of referring LC fraud cases to arbitration for the purpose of resolving them by industry experts in shorter period and lower costs in comparison with litigation. Despite the fact that after almost twenty years from Blodgett and Meyer’s proposal, arbitration is not a popular method for resolving LC fraud disputes, it can be considered as an open option for resolving fraud disputes by parties to the letter of credit. Current paper, tries to find an answer to the question of why arbitration is not a popular method in resolving LC fraud cases by exploring existence of possibility to handle LC fraud disputes via arbitration and study legal concerns on the way of arbitrating such cases. On this basis, main research questions will be: (i) whether or not LC fraud cases can be referred to arbitration; (ii) What can be important aspects of arbitration agreement between parties in LC fraud disputes; (iii) What types of remedies are available in case of referring cases of LC Fraud to arbitration tribunal; (iv) Finally, paper will discuss the possibility to resolve LC fraud cases with reference to DOCDEX Rules.

URL: http://ejournal41.com/journals_n/1468166268.pdf
Number of views: 1087      Download in PDF


2. Roberto Rosas
The Development of Legal Rights in the American Legal System

Russian Journal of Comparative Law, 2016, Vol. (8), Is. 2, pp. 73-94.
DOI: 10.13187/rjcl.2016.8.73CrossRef

Abstract:
This article takes a snapshot of some of the most controversial topics in American society today and the juridical response to these topics by individual states, the United States Congress, and the United States Supreme Court. Although there are numerous legal topics that deserve mention and analysis, this article is limited to the discussion of nine fairly new rights created by state and federal laws. The rights discussed in this article include the following: 1) The right to open carry a firearm; 2) The right to consume marijuana; 3) The right to marry or to civil unions between same-sex couples; 4) The right to sexual offender residential information; 5) The right to the protection of victims of human trafficking; 6) The right to the protection of the environment; 7) The right to privacy in relation to unsolicited telemarketing telephones calls; 8) The right to determining what medical treatment to receive and the right to organ donation; and 9) The right to euthanasia or death with dignity. This article briefly addresses the topics of sexual and racial discrimination. Finally, the most far-reaching decisions handed down by the United States Supreme Court between 2013 and the present are discussed.

URL: http://ejournal41.com/journals_n/1468166376.pdf
Number of views: 1463      Download in PDF


3. Nicolay L. Shelukhin
International Humanitarian Law and Legal Status of Personnel in Private Military Companies as Participants in the Internal Armed Conflicts

Russian Journal of Comparative Law, 2016, Vol. (8), Is. 2, pp. 95-101.
DOI: 10.13187/rjcl.2016.8.95CrossRef

Abstract:
The article is devoted to the legal status of personnel of private military companies participating in the internal (regional) armed conflict in the east of Ukraine as part of its military formations. The article grounds the necessity of introducing a clarified concept of "mercenary" and reworded concept of "foreign volunteers" in the regulations of international humanitarian law. This article has analyzed the world experience in the field of legislative regulation of activities by private military companies. Its non-legal nature in the structure of the foreign policy activities of different states has been defined. Tendencies of expanding the scope of private military companies activities have been studied. It includes the creation of hired military units, peacekeeping, participation in domestic armed conflicts, the suppression of armed uprisings, terrorism, etc. The necessity of forming national legislation regulating the activities of private military companies has been proved.

URL: http://ejournal41.com/journals_n/1468166438.pdf
Number of views: 1126      Download in PDF


4. Elisabetta Silvestri
Recent Reforms of Italian Civil Procedure (or ‘The Road to Hell is Paved with Good Intentions’)

Russian Journal of Comparative Law, 2016, Vol. (8), Is. 2, pp. 102-106.
DOI: 10.13187/rjcl.2016.8.102CrossRef

Abstract:
This essay describes some among the most recent reforms that have affected Italian civil procedure. These reforms rely heavily on the use of ADR, and particularly on mediation, arbitration and assisted negotiation, in an attempt to reduce the heavy backlog of civil cases and to speed up the resolution of disputes. In Italy, an attempt at out-of-court mediation is mandatory in a wide variety of civil and commercial cases: mediation had some ups and down, since it was made mandatory in 2010, repealed by the Constitutional Court at the end of 2012, and eventually reinstated in 2013. In 2014 two new ADR procedures were established, that is, assisted negotiation and the ‘transfer’ of cases already pending before courts of first instance or appellate courts to a panel of arbitrators. While assisted negotiation is mandatory for cases whose value is above a certain threshold (provided that the claim is for payment of sums of money), the ‘transfer’ of cases to arbitration is strictly voluntary and, as a matter of fact, it is possible only when both parties agree on diverting their case from the court system to arbitration. This essay expands on the many controversial issues raised by the ‘transfer’ of cases to arbitrators and, more generally, on the dangers of the ‘outsourcing’ of dispute resolution.

URL: http://ejournal41.com/journals_n/1468166499.pdf
Number of views: 1079      Download in PDF


Reviews

5. Alexei A. Moiseev
Review: Currency Law: a textbook / team of authors: ed. P.N. Biriukov, V.E. Ponomarenko. M.: Justicia, 2016. 286 р. (Bachelor and master)

Russian Journal of Comparative Law, 2016, Vol. (8), Is. 2, pp. 107-108.
DOI: 10.13187/rjcl.2016.8.107CrossRef
URL: http://ejournal41.com/journals_n/1468166571.pdf
Number of views: 1096      Download in PDF


6.
full number
URL: http://ejournal41.com/journals_n/1468226016.pdf
Number of views: 1410      Download in PDF





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