The Court of Arbitration in Hague does not have the jurisdiction over YuKOS bankrupcy case
According to the Court of Arbitration Rules, the Court could only deal with a dispute between parties if both parties to the dispute agreed that the disputes between them shall be referred to arbitration of the said court. Russia did not agree to refer the case of YuKOS to the Court of Arbitration.
The Court of Arbitration in Hague proposes to extend its own jurisdiction to YuKOS case on the basis of the Energy Charter Treaty, specifically - on the basis of Article 45 (Provisional Application), (1) which envisions that the signtories agree to apply this treaty provisionally pending its entry into force for such signatory, "to the extent that such provisional application is not inconsisent with its constitution, laws or regulations".
Russian legislation envisions that a treaty needs to be ratified in order to enter into force.
That is - the article refered to by the Hague Arbitration, refers the issue of implementation to national legislation: and Russian legislation envisions ratification before implementation.
Thus, the Court of Arbitration in Hague does not have the jurisdiction over YuKOS case, and its decision - does not have legal force, it is "null and void" since the moment of adoption.
This information, - laconically, calmly and with outmost publicity - shall be conveyed both inside Russia and outside (not necessarily by officials).
The Court of Arbitration in Hague proposes to extend its own jurisdiction to YuKOS case on the basis of the Energy Charter Treaty, specifically - on the basis of Article 45 (Provisional Application), (1) which envisions that the signtories agree to apply this treaty provisionally pending its entry into force for such signatory, "to the extent that such provisional application is not inconsisent with its constitution, laws or regulations".
Russian legislation envisions that a treaty needs to be ratified in order to enter into force.
That is - the article refered to by the Hague Arbitration, refers the issue of implementation to national legislation: and Russian legislation envisions ratification before implementation.
Thus, the Court of Arbitration in Hague does not have the jurisdiction over YuKOS case, and its decision - does not have legal force, it is "null and void" since the moment of adoption.
This information, - laconically, calmly and with outmost publicity - shall be conveyed both inside Russia and outside (not necessarily by officials).