Отражение концепции устойчивого развития в международном инвестиционном праве
The article is devoted to analyses of the influence of concept of sustainable development on international investment law. The article gives reasons on empowerment of “environmental” component of the concept of sustainable development on international investment relations and necessity of international legal regulation of international investment relations at multilateral universal level on the basis of the concept of sustainable development.
This textbook has been prepared in accordance with the requirements of the federal state educational standards of secondary vocational education. The system of legal regulation of environmental relations in Russia, especially the rights to natural resources, their origin and termination, management in the field of environmental protection and use of natural resources, payment for natural resources, especially the legal regimes of certain natural resources and facilities, the requirements in the field of environmental protection in the implementation of economic and other activities are structured and adapted methods of teaching legal disciplines relying on arbitration practice and the practice of law enforcement. Chapters provide background scientific information, as well as analytical tasks and issues that improve learning.
For students of educational institutions of secondary vocational education, as well as law students and anyone interested in environmental law.
This article considers the notion of categories of foreign investments and foreign investor in the International Investment Law of Russia and Kazakhstan through the prism of three levels of legal regulation – the national legislation, bilateral and multilateral international treaties. National legislation governing foreign investments, despite having based on common legal structures and instruments, in the conceptual framework may differ significantly in the recipient state of foreign investment from that one in the country of origin of a foreign investor. The analysis of investment legislation of Kazakhstan seems to be very important in this context especially after its fundamental modification by the adoption of Business Code in 2015. This circumstance is fully applicable to the legislation of Russia and Georgia, simultaneously being participants of three of the integration processes – in the framework of the CIS, the EAEU and the SCO.
The article aims to identify the nature of social transformations in the Democratic Republic of Congo (DRC) under illegal minerals mining and smuggling carried out by foreign mining companies, armed groups, criminal groups of neighboring countries, "war barons" and associated "agents". New forms of government and economic activities resulted from government's failure to provide citizens of the eastern parts of the country with required services. In the conditions of complete disregard of national laws and interests regulating social relations, new rules of interaction between individual groups and between individual groups and local and central government authorities were developed. These new forms of social development have nothing to do with chaos: numerous rival centers of power on the fringes of the country exercise effective control, provide services and exploit local population. Poor people of the richest eastern provinces of the DRC who do not benefit from extraction and export of valuable minerals are forced to develop their own "survival strategies", including illegal minerals mining and smuggling. Illegal economic activities form new “legalized” authorities, change values of the Congolese and transform the society. As a result, the anti-government system of public relations reached a high point of development in the eastern regions of the DRC.
The present article is devoted to consideration of tourism cluster implication for the purpose of region sustainable development. The present approach was analyzed within the context of its historical development. Basing on the analysis mentioned we identified determination-factors of regional sustainability and described an internal mechanism, which is allowed to make a tourism cluster, projecting for the purpose of sustainable development, more effective.
This article considers the notion of categories of foreign investments and foreign investor in the International Investment Law of Russia and Turkmenistan through the prism of three levels of legal regulation – the national legislation, bilateral and multilateral international treaties. National legislation governing foreign investments, despite having based on common legal structures and instruments, in the conceptual framework may differ significantly in the recipient state of foreign investment from that one in the country of origin of a foreign investor. This circumstance is fully applicable to the legislation of Russia and Turkmenistan, simultaneously being participants of integration process on the post-Soviet territory in the framework of the CIS.
Strong distinction between contractual claims and claims arising out of bilateral investment treaties (BIT) exists in modern investment disputes resolution. This distinction has a practical importance when the competence of international tribunal to decide the claim is in question, because investment contract and BIT contain different dispute resolution provisions. The common mechanism of dealing with this conflict is introduction of umbrella clause in the particular BIT. Umbrella clause is the clause lifting the breach of contract between investor and host state to the level of breach of BIT between this state and investor’s home country. The role of umbrella clauses in international investment law and the issue of competence conflicts arising of them are analyzed in this article.
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/