Практика Международного трибунала по морскому праву по делам, вытекающих из международных экологических и международных экономических отношений
The present article examines the jurisprudence of the International Tribunal for the Law of the Sea relating to disputes which involve both international environmental and international economic relations. In the analyzed cases International Tribunal for the Law of the Sea prescribed provisional measures to prevent transboundary harm for the marine environment, taking into account that risk of such harm is connected with economic activity.
The commentary analyses the proceedings before the International Tribunal for the Law of the Sea in the case of the Dutch ship "Arctic Sunrise", which was arrested in the exclusive economic zone of the Russian Federation, and the Tribunal's decision on provisional measures to release the vessel and its crew. For the first time in its history, the Russian Federation boycotted interstate proceedings in the international court. The author addresses the possible consequences of this decision.
The article focuses on the environmental and economic security of a State as the constituent elements of its national security protected by the principle of permanent sovereignty over natural resources. It also analyses interdependency of the two, exposing their practical interconnection in a way that a threat to environmental stability almost necessarily affects economic stability of a State. At the same time, a right to permanent sovereignty over natural resources is not absolute and should be exercised so as not to endanger environmental and economic security of others.
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/