Некоторые проблемы применения альтернативных способов разрешения конфликтов в предпринимательской деятельности
Upsurge of protest activities at the dawn of the first decade of this century coinsided with a new wave of political development. Protest can be associated with a new (the 5th ?) wave of democratization and to that effect with reshuffle of institutions and practices of democratic accountability. Conceptualization of protest may help to reshape democratic accountability. Still the cognitive scheme of protest remains unacknowledged by majority of protesters themselves. The article reconstructs notion of justification and enforcement of one’s rights dating back to Roman law and expressed by the terms provocatio and protestatio. Christian idea of Covenant and Testamentum enrooted appeal to higher authority for redress of grievances. The idea was further developed by Protestants. They employed trilateral cognitive scheme of two pleaders and an arbiter. Further revolutionary upheavals led to reduction of the scheme to binary (left-right) models. Present day discourses provide two models of protest: (1) binary schemata of non-conventional and obstinate protest, and (2) trinary schemata of appeal to outside arbiter, e.g. public opinion, international community etc. for restoration of violated norms. The inner forms and cultural implications of petition, demonstration and manifestation are vital for meaningful understanding of protest actions and to further reshaping democratic accountability.
The article is devoted to analysis of means to protect civil rights in election process in context of applying the rules on identity paper of the Russian Federation citizen. The situation of denying the right to vote in consular post electoral district using the passport of the Russian Federation citizen is used as an example of such problem.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/