Modernization of the Investor-State Dispute Settlement System: reform or revolution?

INTRODUCTION. The UN Commission on International Trade Law established Working Group III in 2017. Within the framework of this Working Group, States’ delegations and representatives of international governmental and non-governmental organizations seek to work out solutions to the identified problems of the investor-State dispute settlement system. Such problems include: lack of consistency and predictability of arbitral awards, lack of independence and impartiality of arbitrators, cost and duration of proceedings. Part of the ways suggested by the UNCITRAL Secretariat and States to remedy problems could be estimated as reform of the system, but several proposals seem to be a revolution.MATERIALS AND METHODS. The authors researched the provisions of bilateral investment treaties, case law of tribunals demonstrating the problems of the ISDS system, as well as the works of Russian and foreign scholars. The methodological basis of the research contains general scientific and special methods.RESEARCH RESULTS. The authors have analyzed several ways of the ISDS system reform overviewed by the Working Group III. Firstly, the authors have considered the draft code of conduct for arbitrators, provisions on third-party funding and an advisory center in the ISDS system. It has been stated that each of these initiatives is able to solve certain problems of the system. Secondly, the authors have analyzed the documents on the creation of an appellate mechanism and a standing multilateral mechanism for the settlement of investment disputes. The authors have concluded that initiatives may bring the fundamental changes to the system.DISCUSSION AND CONCLUSIONS. The authors have concluded that the identified shortcomings of the ISDS system can be remedied only by its reform. Every problem of the system can and should be rectified through consistent work, and not by radical changes. The revolutionary ways considered, such as the appellate instance and the court, not only will not solve existing problems, but rather will add new ones. For example, such a “revolution” of the system may result in establishment of the two parallel regimes of investorstate dispute resolution

The Era of COVID-19: Restrictive Measures of States and the Claims of Foreign Investors

INTRODUCTION: In December 2019, an outbreak of coronavirus infection (SARS-CoV-2) was registered in Wuhan (China). Within a few months, the virus spread across Europe and Asia, and later around the world. Due to the emergency situation, the States were forced to implement various restrictive measures, including the closure of borders and public places to visit. Tese measures may lead to claims to investment tribunals from foreign investors for the protection of their rights.MATERIALS AND METHODS: Te authors researched the provisions of bilateral investment treaties, case law of international courts and tribunals in connection with national measures to protect health and the environment, as well as the manuscripts of Russian and foreign scholars. Te methodological basis of the research contains general scientifc and special methods.RESEARCH RESULTS: Te authors analyze the possibility of treatment of restrictive measures taken by States as self-judging clauses, as well as the possibility of applying Article 25 (necessity) of the Articles on Responsibility of States for Internationally Wrongful Acts as the circumstances precluding the wrongfulness. It is stated that it is undesirable to treat states’ measures as self-judging clauses, since such a treatment will provide States with too wide opportunities for exemptions from the international investment protection regime. At the same time the treatment of public health protection and prevention of economic (fnancial) crisis as an essential interest that the state safeguards against a grave and imminent peril is controversial for the purposes of applying art. 25 of the Articles on Responsibility.DISCUSSION AND CONCLUSIONS: Te authors propose to establish certain standards or principles that may be used by investment tribunals in the course of proceedings in order to assess measures taken by States. Tese principles are legality and proportionality, consistensy with the purpose and non-discrimination. Te principles can be interpreted with respect to the case law of investment tribunals for disputes on the limitation of fundamental human rights and freedoms (the right to health protection and the right to a favorable environment). Te principles can be consolidated in the model protocol to investment treaties (Memorandum of Understanding), developed under the auspices of UNCITRAL

Diagnostics of formedness of system of values of future economists in professional preparation process

The article presents the results of the diagnostics of the formation of the value sphere of future economists. The problem of diagnostics of the formedness of the axiosphere of future economic profile specialist is becoming increasingly relevant in the context of modern socio-economic and political conditions. The notion of "value" is considered in the article as a material or spiritual object, which matters for a particular person and causes a valuable relation to it. We define the valuable orientations of the person as a relatively stable orientation of the needs of an individual towards a certain group of values. The purpose of the research is to carry out the diagnostics of the formation of the value sphere of future specialists of the economic profile. Students studying economics on 1-3 courses participated in the study. The methods of conversations, interviews, questionnaires, and observations were used to diagnose the formedness of the value sphere of future specialists in the economic field in the process of carrying out their vocational training. The conducted research testifies to the formedness of certain social image of democratic and totalitarian values of future economic specialists. However, there is a need for further work on clarifying the essence of such socially important values as discipline and law-abidingness and the formation of proper awareness of them by future economists. The development of a methodology for formation of the value sphere of the future specialist in the economic profile is the prospects for further research.peer-reviewe

Phase separation effects and the nematic-isotropic transition in polymer and low molecular weight liquid crystals doped with nanoparticles

Properties of the nematic–isotropic phase transition in polymer and low molecular weight liquid crystals doped with nanoparticles have been studied both experimentally and theoretically in terms of molecular mean-field theory. The variation of the transition temperature and the transition heat with the increasing volume fraction of CdSe quantum dot nanoparticles in copolymer and low molecular weight nematics has been investigated experimentally and the data are interpreted using the results of the molecular theory which accounts for a possibility of phase separation when the system undergoes the nematic–isotropic transition. The theory predicts that the nematic and isotropic phases with different concentrations of nanoparticles may coexist over a broad temperature range, but only if the nanoparticle volume fraction exceeds a certain threshold value which depends on the material parameters. Such unusual phase separation effects are determined by the strong interaction between nanoparticles and mesogenic groups and between nanoparticles themselves

ДЕЯКІ АСПЕКТИ ФОРМУВАННЯ ПРЕДМЕТНОЇ КОМПЕТЕНТНОСТІ З АНАТОМІЇ ЛЮДИНИ У МАЙБУТНЬОГО ПРОВІЗОРА

The future specialty “226 – Pharmacy, Industrial Pharmacy” requires extensive knowledge in the field of fundamental theoretical and educational disciplines of medical and biological direction, which include human anatomy. The article presents an analysis of some aspects and principles of formation of subject competence in human anatomy for the future pharmacist. Subject competence in human anatomy is an open system that develops dynamically throughout the professional life of a pharmacist. It requires not only the professional skills of teachers, but also the diligence and rational training of students, allows the future pharmacist to implement the general requirements of educational standards; ensures the ability of higher education seekers to health activities, ensures the application of acquired skills and knowledge of anatomy not only in professional but also in public education in order to promote quality scientifically sound information in society.Майбутня спеціальність 226 «Фармація, промислова фармація» вимагає широких знань у галузі фундаментальних теоретичних та навчальних дисциплін медико-біологічного напряму, до числа яких відносять й анатомію людини. У статті проведений аналіз деяких аспектів та засад формування предметної компетентності з анатомії людини для майбутнього провізора. Предметна компетентність із анатомії людини є відкритою системою, що динамічно розвивається впродовж усього професійного життя провізора. Потребує не тільки професійної майстерності викладачів, але й старанності та раціональної підготовки студентів, дозволяє реалізовувати майбутньому провізору загальні вимоги освітніх стандартів; забезпечує здатність здобувача вищої освіти до здоров’язбережувальної діяльності, забезпечує застосування отриманих навичок та знань з анатомії не лише у професійній, а також і у громадській просвітницькій діяльності з метою популяризації якісної науково обґрунтованої інформації в суспільстві

Changes in Prescribing Antithrombotic Therapy in Patients with Atrial Fibrillation in the Multidisciplinary Hospital in Volgograd from 2012 to 2020

Aim. To study the frequency of prescribing antithrombotic agents in patients with non-valvular atrial fibrillation (AF) in real clinical practice, to evaluate changes of prescriptions from 2012 till 2020.Material and methods. The medical records of inpatients (Form 003/y) with the diagnosis AF, hospitalized in the cardiological department were analyzed. According to the inclusion criteria, the patients were over 18 years of age, established diagnosis of non-valvular AF. There were two exclusion criteria: congenital and acquired valvular heart disease and prosthetic heart valves. In retrospective analysis we have included 263 case histories in 2012, 502 ones in 2016 and 524 in 2020. CHA2DS2-VASc score was used for individual stroke risk assessment in AF. The rational use of the antithrombotic therapy was evaluated according with current clinical practice guidelines at analyzing moment.Results. During period of observation the frequency of antiplatelet therapy significantly decreased from 25,5% to 5,5% (р<0.001), decreased the frequency of administration of warfarin from 71,9% to 18,3% (р<0.001). The frequency of use of direct oral anticoagulants increased in 2020 compared to 2016 (р<0.001). For patients with a high risk of stroke anticoagulant therapy was administered in 71.8% of cases in 2012, 88.5% in 2016 and 92.5% in 2020. Before discharge from hospital majority of patients (72%) achieved a desired minimum international normalized ratio (INR) from 2.0 to 3.0 in 2012. In 2016 and 2020 an only 33% and 40.6% of patients achieved INR (2.0-3.0).Conclusion. Doctors have become more committed to following clinical guidelines during the period of the investigation. In 2020 antithrombotic therapy for atrial fibrillation was suitable according to current clinical guidelines

МОДЕЛИРОВАНИЕ АЛГОРИТМА ОПРЕДЕЛЕНИЯ ОТТЕНКА ЦВЕТА ЗУБНЫХ КОРОНОК НА БАЗЕ МИКРОКОНТРОЛЛЕРОВ СЕРИИ STM32F4xx

Here's a variant of implementation of the algorithm for definition of the tooth crown's color shade with adaptation’s function to external conditions based on stm32f4xx series microcontrollers and color sensor module TCS3200.Приведен вариант реализации алгоритма определения оттенка цвета зубных коронок с функцией адаптации к внешним условиям на базе микроконтроллеров серии STM32F4xx и модуля датчика распознавания цвета TCS3200

Early switch from anti-VEGF Therapy to dexamethasone implant in diabetic macular edema

Diabetic retinopathy (DR) is the one of severe complications of diabetes, associated with macular edema (DME), which is the main course of visual acuity loss in diabetic patients. The main pathological factors in diabetic retinopathy and diabetic macular edema (DME) are the inflammation and increasing of vascular endothelium growth factor activity (VEGF). The treatment of DME remains challenging during the times. We know that not all eyes respond optimally to anti-VEGF therapy. No clinical effect or minimal one among patients with persistent DME has led to an urgent need to develop new treatment protocols for this group of patients. In this case adding intravitreal corticosteroids to the treatment regimen is the most effective and predictаble than continued anti-VEGF therapy alone. According to results of randomized trials the functional and anatomical outcomes in eyes with refractory DME, which were switched to DEX implant had shown statistically significant better outcome, compared to anti-VEGF therapy alone. Another important question is efficiency and safety of using intravitreal corticosteroids as the first-line therapy in patients with DME. These new findings can help to define better the role of early switch to DEX implant in the current treatment algorithm of eyes with refractory DME. And find the optimal protocol of treatment patients with DME, determine the predictors of switching from anti-VEGF therapy to steroid intravitreal injections, in DME should be on the agenda of the future studies