This is the second paper from the series of two papers. In the first paper based on the communicative approach the main attributes of soft law in modern legal discourse were considered and their study showed that the modern legal systems moving from mono(state)centricity to a polycentricity. In this paper, through the prism of various legal theories the causes of this phenomenon are discussing. The research shows that the exhaustion of the capacity of the state both in regulation and in dispute resolution dictates the deviation from the legal monism and decentralization of law. It is also showing that some kinds of decentralization of law do not retain legal clarity and rule of law. Decentralization of law by creating a field of homogeneous legal communications does not allow preserving legal clarity, whereas polycentric one does allow.
The book is devoted to the causes and special aspects of modern authoritarian political regimes, which differ from their last century analogues with a pronounced imitative character. Hamstrung by democratic constitutions and international obligations, many post-socialist countries actually mimic democratic institutions and procedures, trying to hide real authoritarianism behind a beautiful democratic signboard. It turns out that the level of authoritarianism is directly proportional to the imitations level. The study also proves that the imitations level is also proportional to the levels of aggression, corruption and poverty. What are the reasons for the rise of imitative political regimes? How and by what means is their constitutional field transformed? On what grounds can they be identified in advance? The book attempts to answer these questions in the name of preventing the threat of return of authoritarianism in the post-socialist countries.
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/