Fastova Marina Andreevna (Candidate of Law Sciences, associate professor, Astrakhan state technical university)
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Mediation in international law the effective tool providing a combination of such factors as the effective help of the independent consultant for the project, rapprochement of participants of the legal conflict and ensuring real participation of a management of the companies in the problem resolution. These factors very often are absent in a situation when there is a complication of the conflict in the course of the legal proceeding which is followed by intractability of its participants. It also predetermined the purpose of writing of this article since studying of the international principles and standards in the sphere of mediation as a method of permission of the legal conflict promotes more effective development of the national legal system, its enhancement. Besides, the mediation research in the economic sphere in international law gives us the chance to assume that uniformity in legal regulation of the international transactions in the sphere of mediation is absent. And there are not only no unified regulations in the sphere of mediation, but also the unified legal conceptions, them which these regulations consist. At the same time, with mediation in the economic sphere it is possible to distinguish rather large volume of powers in their actions from a general tendency of international law, and also freedom within the intermediary relations where the emphasis is placed only on declaration of will of the parties.
Keywords:mediation, legal conflict, international acts, human rights, dispute, freedom of the agreement, equality, commercial agent, declaration of will.
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Citation link:
Fastova M. A. Mediation in international law: teoretiko-legal aspect // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2016. -№09. -С. 91-96 |
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