СУЩЕСТВЕННОЕ ИЗМЕНЕНИЕ ОБСТОЯТЕЛЬСТВ КАК ОСНОВАНИЕ ДЛЯ ИЗМЕНЕНИЯ ДОГОВОРА
Currently, the foreign trade transactions make a big difference in international trade. The parties of a contract should have specific skills in this sphere and take much pain to analyze contracts provisions to avoid common mistakes in the process of contracts formation. The reservations with changed facts including in a foreign trade contract shield against risks, which could appear in the case of international trade. In practice, some circumstances preventing the enforcing obligations appear because of the long-term nature of foreign trade contract. So, the reservations incorporated into a contract regulate the disputable situations.
The purpose of the research is to analyze the relevant issues of inclusion of reservations with changed facts in a foreign trade contract and to define how this reservations influence the treaty relations between parties to the agreement.
In the course of the research the general methods of scientific investigation have been used, i.e. the systematic and dialectic methods; the general scientific methods – induction and deduction, analysis and synthesis, proceeding from abstract to specific, etc.; a legally specific method – the formal-economic and the comparative-economic methods.
The article examines the main characteristics of foreign trade transactions as well as identifies the key national legal acts and international rules regulating this sphere of relations. Furthermore, the article characterizes the principle of the obligation of a contract, formulates the two key concepts: the concept of difficulties and the concept of force majeure. The research conducted has revealed that the parties will avoid some problems existing in practice, if a foreign trade contract includes reservations with changed facts. Hence, the parties should take care of development of contract provisions and take into account the circumstances which could exist in the foreign trade.
Although Russia and Indonesia have ample reasons to make their cooperation comprehensive, nuanced and multi-dimensional, practice routinely falls short of expectations. Notable impediments include a large distance magnified by inefficient infrastructure, as well as lack of institutional and technological interdependence and weak people-to-people contacts, and most importantly, insufficient stimuli to expand ties beyond their present scope. Revealingly, practice demonstrated that market forces alone cannot make the Russia-Indonesia cooperation really deep, close, multi-dimensional and, by implication, strategically-oriented. Accounting for Moscow’s and Jakarta’s plans to elevate their relations to the level of Strategic Partnership, a new instrument to make them relations exactly what their forthcoming status suggests is needed.
Many liberal IR theorists argue that the spread of liberal capitalism has a civilizing influence on international relations because it decreases the role and importance of the state in the economy. Commercial relations between individuals and private enterprises based on market principles replace power based relations between states The pursuit of power advantage over other states, which has been the guiding principle of state policy for centuries, becomes an anachronism and is replaced by the pursuit of integration into the larger global economy. States are more willingness to participate in institutions because they establish rules of the game that make economic cooperation run more smoothly. The article questions the logic of this argument. Economic integration and global free trade are opening up new areas of competition between states, as Russia and other rising powers compete with the developed states of the West to attain the most profitable parts of the global marketplace. As a result, rising states are adopting neo-mercantalist policies that seek to increase their power advantages over other states. Like the 17th and 18th Century mercantilists described by Jacob Viner decades ago in his seminal essay “Power and Plenty”, they do not see a tradeoff between the pursuit of state power and economic prosperity but see these as mutually reinforcing goals. Economic integration and global free trade are opening up new areas of competition between states, as Russia and other rising powers compete with the developed states of the West to attain the most profitable parts of the global marketplace. States adopt a range of neo-mercantilist strategies in order to ensure that they are the ones that benefit most from the open world economy. Economic concerns may be taking priority over security concerns, as the prospects of military confrontation between states may have greatly diminished because economic integration makes it prohibitively costly. But states continue to be preoccupied with improving their power relative to other states because they see the pursuit of relative power advantages as being key to advancing their economic goals and securing prosperity for their countries.
The article deals with the effects of ruble appreciation in 2008-2011 for various sectors of the Russian economy. Comparing the list of the most "victims" of commodity groups and activities with changes in customs duties, the authors come to the conclusion that foreign trade policy measures are not contributing to the support of vulnerable to foreign competition industries.
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/