https://elib.bsu.by:443/handle/123456789/296162 2026-04-20T22:00:37Z https://elib.bsu.by:443/handle/123456789/320065 Заглавие документа: Journal of the Belarusian State University. International Relations. – 2022. – No. 2 2022-01-01T00:00:00Z https://elib.bsu.by:443/handle/123456789/296180 Заглавие документа: Harmonisation and unification and their influence on the evolution of national legal systems Авторы: Ponomareva, D. S. Аннотация: The author of the article explores the concepts of harmonisation and unification. Both are used in legal texts and doctrinal sources, but the distinctions among them and the implications for the evolution of the national legal systems are still poorly understood. The aim of the research is to clarify the similarities and differences between these and related concepts and understand how the processes to which they refer influence legal change. It is concluded that harmonisation and unification are uneven and fragmentary processes, even though they are often equated. National legal systems retain substantial differences and specificities precluding the assimilation of many legal norms from other jurisdictions and creating formidable barriers to harmonisation. We also find that shared history, legal traditions and commonalities in the legal order and elements of legislation facilitate harmonisation, and international organisations lay the groundwork for harmonisation. We present examples of successes in the unification of material and procedural law and highlight the essential role of supranational bodies such as the Court of Justice of the European Union and the Court of the Eurasian Economic Union in the uniform application and interpretation of the common rules. 2022-01-01T00:00:00Z https://elib.bsu.by:443/handle/123456789/296176 Заглавие документа: Legal foundations for cooperation in the intellectual property domain within the Belt and road initiative Авторы: Leanovich, E. B.; D. M. Hu Аннотация: Intellectual property is studied in relation to the Belt and road initiative. The legal procedures and arrangements that maximise the economic benefits of regional cooperation are defined. Diverse and complex interrelationships between national and international intellectual property law are explored using the comparative legal research method. Key attention is drawn to the different levels of protection and enforcement of intellectual property rights in the context of the development of intellectual property systems in the participating countries. It is concluded that national intellectual property regimes retain objective distinguishing qualities. Recommendations for intellectual property disputes settlement are offered to provide countries and firm with a more transparent and accessible infrastructure in the multi-jurisdictional environment of the Belt and road initiative. 2022-01-01T00:00:00Z https://elib.bsu.by:443/handle/123456789/296175 Заглавие документа: Sanctions, the World Trade Organisation and the Eurasian Economic Union: examining the legal interrelationships Авторы: Mikhaliova, T. N. Аннотация: The legal framework and practices of World Trade Organisation are examined with relevance to the settlement of disputes over the application of unilateral trade-restrictive measures. Changes are described in the interpretation of the nature of the security exemptions provided in art. XXI of General agreement on tariffs and trade and similar provisions of General agreement on trade in services and Agreement on trade-related aspects on intellectual property rights and invoked by states as justification for trade and economic sanctions. Specifically, there is a tendency to reject – in doctrine and case law – the interpretation of the security clause as self-judging, or not subject to judicial review. It is argued that the necessity test and the principle of good faith should preferably underlie adjudications on the legality of invoking the security exemption. Experiences of the EAEU states with the WTO dispute settlement procedures are considered, and recommendations are made on the merits of the observer status for EAEU at the WTO. Finally, approaches are proposed to consolidate the positions of the EAEU member states on interpreting and applying WTO law in regard to restrictive measures. 2022-01-01T00:00:00Z