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бўлмаган тақдирда ижтимоий ҳимоя хизматлари
томонидан уйнинг ярим нархи тўланган холатда яшаш
жой билан таъминланади. Агар ёлғиз она меҳнатга
лаёқатсиз бўлса ойига қўшимча 70 евро тўланиб, бепул
уй-жой билан тўлиқ таъминланди. Бундан ташқари ҳар
бир боланинг коммунал тўловлари учун 300 евро ҳар
ойда ҳукумат томонидан тўлаб борилади.
Японияда ёлғиз оналарга ҳар ойда 230 йен тўлаб
борилади. Болаларнинг ҳужжатларини расмийлаштириш
тўлиқ ҳукумат томонидан кафолатланади. Ёлғиз онани
иш билан таъминлаш давлат томонидан кафолатланади.
Германияда ёлғиз оналар учун турли дастурлар қабул
қилинган улар, она ва болаларнинг соғлиғи дастурлари,
таълим дастурлари, ижтимоий ҳимоя ва уй-жой билан
таъминлаш дастурлари, ишсиз ёлғиз оналарни иш билан
таъминлаш дастурлари, солиқда имтиёзлар берилиши
дастурлари белгиланган. Давлат томонидан ҳар ойда
ёлғиз оналар учун 235-300 еврогача тўловлар тўланади.
Ҳар бир дастурда ёлғиз оналар учун қўшимча тўловлар
белгиланиб, улар учун очилган махсус ҳисоб-рақамга
тўлаб борилади.
Англияда давлат томонидан ёлғиз оналар учун
уларнинг иш билан таъминланганлик, турар жой билан
таъминланганлик ҳолатларидан келиб чиқиб, давлат
ҳимояси белгиланган. Давлат томонидан 250-300 фунд
тўловлар тўланади. Бундан ташқари ҳар бир ҳукумат
вазифа ва ваколатларидан келиб чиқиб, ўзининг йиллик
ижтимоий ҳимоя дастурларини белгилайди.[7]
Юқоридаги таҳлилларга асосан қуйидаги хулосаларга
келиш мумкин.
Биринчидан, ёлғиз она жумласига ҳуқуқий ҳуқуқий
таърифни яратиш ва Ўзбекистон Республикаси Оила
кодексида акс эттириш мақсадга мувофиқдир.
Иккинчидан, ёлғиз она сифатида қаралиши учун
фақатгина қонуний никоҳда бўлмаганлик ҳолатигина
эмас балким, қонуний никоҳда бўлган аёл турмуш ўртоғи
билан
қонуний
ажрашмаган
ҳолатда,
субъектив
сабабларга кўра боласини ёлғиз ўзи парвариш қилиши;
қонуний никоҳди мавжуд бироқ турмуш ўртоғининг эрта
вафот этиши каби ҳолатлари ҳам инобатга олиниши
лозим.
Учинчидан, миллий ҳуқуқ тизимида ёлғиз оналарни
ҳуқуқий жиҳатдан ҳимоя қилувчи норматив ҳуқуқий
ҳужжатларни унификация қилиш мақсадга мувофиқдир.
Адабиётлар рўйхати:
1.
Ўзбекистон Республикаси Президентининг 2017
йил
7
февралдаги
ПФ-4947-сон
«Ўзбекистон
Республикасини
янада
ривожлантириш
бўйича
Ҳаракатлар стратегияси тўғрисида»ги Фармони //
http://uza.uz/oz/politics/zbekiston-respublikasi-
prezidenti-shavkat-mirziyeevning-oliy-25-01-2020
3.
http://xs.uz/uz/site/newspaper
4. https://lex.uz/
;
https://www.minjust.uz/uz/activity/bringing
5.
6. http://www.demoscope.ru/weekly/2011/0449/analit
03.php ва https://rg.ru/2011/06/10/tam.html электрон
Сайтга мурожаат қилинган вақт 12.08.2019 й.
Маълумотлар рус тилида баён этилган.
7.
https://iq.hse.ru/news/177669903.html
ва
https
://rg.ru/2011/06/10/tam.html
электрон
Сайтга
мурожаат қилинган вақт 12.08.2019 й. Маълумотлар
рус тилида баён этилган.
Sh.Ishmetova,
PhD Researcher at TSUL
CONTEMPORARY DEVELOPMENT TRENDS OF
INTERNATIONAL TRADE LAW
Annotation:
this article is devoted to the analysis of
contemporary development trends of international trade
law, namely the reduction of state participation in legal
regulation of relations between subjects of private interna-
tional trade, harmonization, unification and modernization
of norms of international trade law.
Key words:
model laws, unification, modernization,
harmonization, legal system, international cooperation,
UNIDROIT, UNCITRAL, globalization.
Аннотация:
данная статья посвящена анализу со-
временных тенденций развития международного тор-
гового права, а именно снижению роли государства в
регулировании правовых отношений между субъекта-
ми международного торгового права, гармонизации,
унификации и модернизации норм международного
торгового права.
Ключевые слова:
модельные законы, правовая
система, международное сотрудничество, УНИДРУА,
ЮНСИТРАЛ, глобализация.
Аннотация:
ушбу мақола халқаро савдо ҳуқуқини
ривожланишнинг замонавий тенденциялари, хусусан
халқаро савдо ҳуқуқи субъектлари ўртасидаги
муносабатларни ҳуқуқий тартибга солишда давлатнинг
ролини камайтириш, халқаро савдо ҳуқуқининг
нормаларини уйғунлаштириш, бирхиллаштириш ва
модернизация қилиш масалаларини таҳлил қилишга
бағишланган.
Калит сўзлар:
модель қонунлар, бирхиллаштириш,
уйғунлаштириш, модернизация қилиш, ҳуқуқий тизим,
халқаро
ҳамкорлик,
УНИДРУА,
ЮНСИТРАЛ,
глобализация.
For all the times economy was of crucial importance
for all the states in the world. Governors always wanted to
provide richer economy for their citizens whether by wars
or by stimulation and development of their national econ-
omies, or by making agreements with foreign countries to
foster their economic growth.
Nowadays we can see that the most developed indus-
trial countries have decisive influence not only on global
economic processes in the world but also on political pro-
cesses. They own fundamental economic, financial and
technical resources.
Economic power is a very strong mechanism that can
be used as an instrument to achieve political goals. More-
over, it defines International Economic Law. The more
powerful a country's economy is - the higher is its role in
international relations and in formation of most important
international norms. Industrialized countries occupy a cen-
tral position in trade, finance, foreign investment, in the
transfer of the results of scientific and technological pro-
gress. “Their official legal positions, as well as the results
of the work of these countries’ press, covering the prac-
tice, are widely disseminated and reflected in scientific
concepts and textbooks and, as a result, it influences on
professional approach to certain problems” [1]. Lawyers
from industrially developed countries also note these mo-
ments.
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Trade is perhaps the most dynamic area of the social
relations. Competition compels trade participants to create
new products and services, to seek out and develop new
markets, to expand contacts on international level. Trade
is usually associated with a high risk. Therefore, it requires
clear, predictable, stable and fair rules that can be
adapted to the changing economic situation in order to
preserve the balance of interests of the parties. However,
the differences between the regulation of business turno-
ver by the national legislation often creates unnecessary
legal obstacles to cross-border trade. Many legal orders
do not sufficiently take into account the current level of
business turnover. As a result of the application of differ-
ent norms to the same type of relations, the rights of dif-
ferent states are subject to conflicts and discrepancies. As
a result, international transactions prove to be devoid of a
reliable legal basis. Meanwhile, without the trade devel-
opment - there is no growth in welfare. Trade relations
firmly connect states with common interests. Thus, they
contribute to the maintenance of peace, stability and pro-
gress much more effectively than political declarations,
assurances, appeals and slogans. Realizing such a prima-
ry role of international trade, the international community,
from the end of the XIX century, took measures to jointly
improve its rules in the interests not only of its participants,
but also of the whole society.
Since the end of the XIX century, international eco-
nomic ties have intensified. The number of foreign trade
transactions has grown significantly, and they themselves
have become more diverse and more complex. There was
a need for international cooperation in the field of trade
law. As a result, the unification of the international trade
law started its formation between the states. In some cas-
es, model rules were applicable only to international
transactions, and in others - also to national ones. One of
the most important events for the development of the in-
ternational trade law was the establishment in 1893 of the
Hague Conference on Private International Law, the main
task of which was the development of model conflict of
laws rules [2]. At the same time, the Conference was cre-
ated with the expectation of a limited number of states that
are similar in terms of economic, social, cultural and legal
development and political structure. The attempts were
made to unify the legal norms at the regional level: in
Scandinavia in the middle of the 19th century and in Amer-
ica, the Inter-American Council of Jurists, which developed
model rules in the field of trade and transportation of
goods.
In the twentieth century, the methods used were di-
rected not only at the development of model conflict of
laws rules [3], but also at the creation of model rules of
substantive law [4]. It was achieved through the conclu-
sion of international conventions, the use of model con-
tracts and general conditions of sale (supply). As a result
of the growing interdependence of national economies and
economic integration, a certain degree of unification in
certain key areas (negotiable instruments, maritime trans-
portation, arbitration) was achieved through international
conventions. The rules governing international trade in all
national systems, regardless of politics and ideology, have
acquired considerable similarity. Such principles as auton-
omy of the will of the parties in concluding contracts, bind-
ing compliance with pacta sunt servanda, and the settle-
ment of disputes through negotiations and other proce-
dures, as well as arbitration, have become universally
recognized.
The rules of international trade law have now been
formulated by international governmental and non-
governmental organizations: the International Institute for
the Unification of Private Law (UNIDROIT), UN bodies and
specialized agencies, including the Economic Commis-
sions for Europe, Asia, Africa, Latin America, the United
Nations Conference on Trade and Development, The In-
ternational Bank for Reconstruction and Development,
ICAO, WIPO, the Hague Conference on Private Interna-
tional Law, trade bodies - The International Chamber of
Commerce, the International Maritime Committee, associ-
ations of international lawyers - the Association of Interna-
tional Law and a number of others.
Each of the organizations that formulate the rules of in-
ternational trade law conducted this activity in its own lim-
ited area and out of communication with others. This in
many cases led to duplication of work. Activities in the field
of international trade law were uncoordinated. In addition,
many conventions were of only regional importance [5],
none of the standard-setting organizations had universal
membership,
and
the
rules
developed
by
non-
governmental organizations, were subject to application
only in case of non-contradiction to the imperative norms
of law. As a result, the unification, security and predictabil-
ity necessary for world trade were very limited. In this re-
gard, there was a need to address the issue of the devel-
opment of international trade law at the universal level,
namely, the level of the UN General Assembly. To accom-
plish this task, a special Commission on International
Trade Law (UNCITRAL) was established, which became
the main universal center for the joint development of
norms that take into account the interests and characteris-
tics of all common legal systems of the world.
In parallel with the activation of the different forms of
international cooperation, the cooperation without the par-
ticipation of governments started developing. For this pur-
pose, standard contracts, the general principles of contract
law, formulated by international organizations, and other
instruments started being widely used. Chambers of
commerce and business associations started working out
the rules of international trade.
The era of globalization has caused new problems as-
sociated with the processes of convergence of societie
s’
lifestyle in different countries. It is becoming increasingly
obvious: for sustainable development, the priority should
be the preservation of the diversity of national cultural
characteristics, along with the creation and application of
model rules in a number of areas, primarily in the field of
international commerce. In other words, there are those
spheres of social relations where it is necessary to main-
tain diversity, preserve differences, and above all it is a
field of culture. At the same time, there are those areas of
social life in which unification is appropriate, desirable and
even necessary - this is private law, especially trade law,
as well as human rights. In the framework of trade law, it
has also become generally accepted to address the regu-
lation of specific areas of trade, rather than trying to cover
the whole range of trade relations.
Describing the development of the international trade
law in general, it is necessary to point out the inherent
contradictions. These contradictions do not indicate a cri-
sis of international trade law, but serve as a source of its
development. There is a contradiction between the dyna-
mism of international trade and the static nature of legal
norms. The internationally-agreed method of unification is
often criticized. It is noted that an international treaty is
concluded at a certain qualitative and quantitative level of
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development of trade relations and technological progress,
and if they significantly change, it already becomes an
inadequate instrument of regulation. For example, the
Convention on the Unification of Certain Rules on Bills of
Lading of 1924 became obsolete by the middle of the 20th
century, which was one of the reasons for the establish-
ment of the 1978 Hamburg Rules. As a result, a new trea-
ty or protocol is required (the Universal Copyright Conven-
tion of September 6, 1952, to which two protocols have
been adopted) or the modification of the old one [6]. Then
it often works for different states in different editions. To
resolve this contradiction, the nonconventional method of
unification - the development of codes of custom, such as
the Principles of International Commercial Contracts, de-
veloped in 1994 by UNIDROIT, intended for use by mutual
agreement of the parties, as well as model treaties - has
become increasingly used. There was such a phenome-
non as polycentrism of subjects of law-making in the field
of international trade law.
However, it does not mean that the conventional
method of unification has become obsolete. Within its
framework, the necessary flexibility of regulation can be
ensured: a number of conventions provide that parties to
commercial contracts may exclude certain provisions
thereof [7]; the customs of business turnover and the
business occurrences established between the parties are
recognized as binding [8]. In addition, none of the unifica-
tion methods are not without flaws. Although the codes of
customs, produced by non-governmental organizations
and other non-compulsory codes of state, introduce great-
er legal certainty, their disadvantage is the possibility of
contradiction with their peremptory norms of internal law,
excluding the application of their norms. In addition, such
sets of principles, as well as standard contracts, them-
selves need regular updating. In some cases, a more ac-
ceptable instrument for regulating international trade rela-
tions is the document adopted by the state or states, a
convention or law, and in others - rules developed by in-
ternational organizations in terms of participants in busi-
ness turnover.
Also significant contribution to the harmonization of in-
ternational trade is made by the national codification of
private international law due to the fact that - they usually
take into account the content of international treaties and
other international legal instruments and they help to elim-
inate gaps in legal regulation, which eliminates obstacles
to international business. Moreover, due to their integrity
and wide scope of application, they ensure the certainty
and predictability of the legal regulation of international
private-legal turnover. Legal unification, as practice shows,
is achieved only in limited areas, and most of the social
relations, at least if we consider the near future, remains in
the sphere of regulation of national laws.
There is also contradiction between the need to pre-
serve the diversity of lifestyles and the achievement of
uniform sustainable business rules. At the present stage,
this contradiction is solved by the fact that, as noted
above, not all areas of social relations are the proper sub-
ject of unification. However, certain issues of family, inher-
itance law, citizenship issues have become the subject of
international legal regulation [9]. With regard to uniform
trade law, it is now recognized that by eliminating obsta-
cles to international trade, it promotes greater diversity of
international business turnover, its sustainable growth and
enrichment through the adoption of advanced foreign ex-
perience. In other words, in the uniformity of trade law
there is a variety of trade relations.
And the last contradiction we will analyze, is between
the special interests of countries and the need for univer-
sally recognized rules. This contradiction deepens due to
the unequal level of development of many countries. In the
work "On the Spirit of the Laws", S. Montesquieu noted
that the laws should be adapted for the country for which
they are created, correlated with its governance, territory,
climate, population, traditions, morality [10]. In order to
resolve this contradiction, reservations in conventions
have traditionally been applied. However, they are not
enough to solve the problem completely. In this regard,
together with unification, there are activities to harmonize
the law, in which the laws do not become the same, differ-
ences remain, but those differences that significantly
damage international trade relations are eliminated. In
order to harmonize the law, along with the conventions,
the work of UNCITRAL has resulted in the application of
uniform laws and legislative guidelines (sets of general
principles on which laws should be based). The Uniform
Law allows the adoption of the national law taking into
account the national specifics, and the legislation admits a
wide range of instruments to achieve its goals. It should be
noted that, similarly, in the European Union (i.e. at the
regional level), conventions and regulations are applied as
a means of rigid unification, as well as directives in which
the participating states set certain goals, each of which is
able to use their methods of achievements. Here, howev-
er, it is necessary to pay attention to a significant differ-
ence: EU legal certificates are mandatory for member
countries, whereas documents produced by international
organizations are adopted by states at their discretion.
This is due to a higher level of economic integration and
legal unification among the EU countries.
What concerns the trends in the development of inter-
national trade law, we should note that despite the desire
of businessmen to maximally autonomously regulate their
relations with the reduction of state participation in it to a
minimum, the importance of "traditional" methods of uni-
form legal regulation, such as international treaties and
internal laws, remains. In addition, the development of
international legal instruments does not preclude the de-
velopment of national legislation in the field of trade law. It
does not mean that conflict rules and internationally-
contractual methods of international trade law are being
withdrawn. They are just being modified with new legal
instruments of a different nature. In the variety of means of
legal regulation, the uniformity of the regulation is con-
cluded, and this is the main consistent pattern of the de-
velopment of the modern international trade law.
The growth of the number of national laws regulating
trade turnover that are of international origin [11] is anoth-
er important trend of the development of international
trade law. In addition, there is an increasing inclusion in
the international regulations of provisions on the relation-
ship between their actions in the event of a contradiction in
their provisions with the provisions of other international
normative documents. This is a consequence of the inter-
section of the scope of such acts. The complementary
effect of codes of customs, general conditions and princi-
ples (the so-called lex mercatoria) in relation to interna-
tional conventions, closely related to the noted regularity.
Often, lex mercatoria is used in cases where a particular
issue in the convention is not resolved or resolved insuffi-
ciently clearly. For example, the 1994 Principles of Inter-
national Commercial Contracts are often applied by courts
and arbitration as general principles on which the 1980
Vienna Convention on Contracts for the International Sale
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of Goods is based. Thus, such documents replace the
effect of national laws, which may be more adequate for
international traffic due to the international character of lex
mercatoria.
In a number of cases, there is an indication in interna-
tional documents of the results that should be achieved,
mainly without the strict prescription of the means to
achieve them. This remark refers to international treaties
and other normative acts, such as the EU directives,
where only binding obligations are established. It is also
true for reference documents, such as the Legislative
Guide on Privately Financed Infrastructure Projects of
2001, the Legislative Guide on Insolvency Laws of 2004,
which outlines possible options for achieving harmoniza-
tion goals.
It should be noted that there is a tendency to increase
the participation of States in conventions on international
trade law developed by international organizations and the
growing number of states that have adopted legislation on
the basis or in accordance with the provisions of the model
laws prepared by UNCITRAL. However, the entry into
force of such conventions still requires considerable time.
Many states, for different reasons, are slow to adhere to
international documents, even in cases when they them-
selves participate in their development, they still prefer to
observe their application by other states. However, it is
necessary to take into account that often the states, not
participating in a certain convention, actually bring their
legislation in line with its provisions.
There is also a consistent pattern that the unification
and harmonization of law is accompanied by its moderni-
zation and this is becoming more evident, especially with
regard to new regulations, such as e-commerce for exam-
ple, and also the old regulations that are emerging on a
new level of social relations, such as conciliation. Uniform
norms are developed not by simply mixing existing nation-
al legal norms, but by formulating new, modern ones.
Concluding, it is important to note that the gradual ex-
pansion of the unification and coherence of private law is a
reflection of the increased mutual influence of states, even
those which are very distant from each other. Growing
mutual impact, including the legal sphere, the importance
of comparative jurisprudence remains and even increases.
It allows to get acquainted with the existing models of legal
regulation, critically comprehend and adapt them on the
way of protection of national interests and their alignment
with the interests of the international community.
Finally, it is important to make the following observa-
tion: for the long-term global development of international
trade it is not enough to adopt close or even identical legal
norms, a coordinated, interrelated development of national
legal system is needed. This requires closer cooperation
between all countries within the framework of international
organizations and consideration of the jointly developed
principles of law-making in their legislative activities.
Bibliography
1. Theory of International Law at the Threshold of the
21st Century, Essays in honour of Krystof Skubiszewski,
Brill, The Hague, 1999. - P. 537.
2. The Hague Conference on Private International
3. The Hague Convention on the Law Applicable to the
International
Sales
of
Goods
of
1955.
http://www.uncitral.org/uncitral/en/uncitral_texts/law_applic
able/12309CISG.html
4. United Nations Convention on Contracts for the In-
ternational Sale of Goods of 1980.
http://www.uncitral.org/uncitral/en/uncitral_texts/sale_g
5. The Geneva bill of exchange conventions of 1930
and
1931,
http://www.jus.uio.no/english/services/library/treaties/09/9-
03/bills-exchange-notes.xml
, the Hague Conventions on
international
sales
contracts
of
1964,
http://www.unidroit.org/instruments/international-
sales/international-sales-ulis-1964
6. The Berne Convention for the Protection of Literary
and Artistic Works of 1886, was modified eight times: sup-
plemented in Paris on May 4, 1896, revised To Berl And
on November 13, 1908, supplemented in Berne on March
20, 1914, revised in Rome on June 2, 1928, in Brussels on
June 26, 1948, in Stockholm on July 14, 1967 and in Paris
on July 24, 1971 and amended September 28, 1979.
7. In Article 6 of the Vienna Convention on Contracts
for
the
International
Sale
of
Goods
of
1980
http://www.uncitral.org/uncitral/en/uncitral_texts/sale_good
s/1980CISG.html
8. Clause 3, Article 8 and Article 9 of the Vienna Con-
vention on Contracts for the International Sale of Goods of
1980
http://www.uncitral.org/uncitral/en/uncitral_texts/sale_good
s/1980CISG.html
9. Minsk Convention on Legal Assistance and Legal
Relations in Civil, Family and Criminal Matters,
22.01.1993, http://www.customs.gov.by/ru/sng-ru/
10. Official
site
of
Fordham
University
https://sourcebooks.fordham.edu/mod/montesquieu-
spirit.asp
11. The laws on international commercial arbitration
are adopted on the basis of the relevant UNCITRAL Model
Law of 1985 in more than forty states, legislation based on
the provisions of the Model Law on Electronic Commerce
1996 was adopted in more than twenty states.
