Государственные иммунитеты: от деструкции к трансформации. Рецензия: Fox H., Webb Ph. The Law of State Immunity. Third edition. Oxford: Oxford University Press, 2015. 704 pp.
Hazel Fox’s and Phillipa Webb’s new book provides a useful introduction to the dynamic development of the institute of state immunity over the previous several decades: from the erosion of the concept of an absolute immunity of states to the transformation and adaptation of this legal institution to new realities under pressure of human right’s defenses. This fundamental work serves as an encyclopedia on the legal regulation of state immunity in both international law and in national legal systems (namely in Great Britain and the United States). The reader will find not only a detailed description of theoretic questions, a systemic description of the evolution of the legal regulation of state immunity, and many examples of judicial and arbitration practices, but also proposals for reforming this institute. The authors show the ongoing transformation of the regime of state immunity using examples from the judicial practices of states. However, the author of this book review notes that modern state immunity cases can develop in several directions. Some states will accept a narrow concept of immunity, while others will be faithful to a wide concept on a basis of mutuality, making exceptions for states in the first group.
The author researches the key problems of the formation of the Russian-speaking Diaspora in a separate poly-ethnic region. The major trends of the adaptation of the Russian-speaking Diaspora in Finland have been studied as well.
The article is devoted to the definition of legal nature of the FATF Forty Recommendations on anti-money laundering and Nine Special Recommendations on Terrorist Financing. The first part of the article observes the creation and development of the FATF Forty Recommendations and Nine Special Recommendations on Terrorist Financing. Next, the article considers the question of determining the legal status of the recommendations of the FATF.
The chapter explores the foreign policy priorities of China and Russia with regard to the following sub-questions: Are China and Russia driven by ideology or by pragmatism? How much weight does ‘hard power’ carry versus ‘soft power’ in the strategic policy formulation of both countries? How do they strive to uphold their insistence on respect for sovereignty while their economic power increasingly relies on international interdependence?
States may stipulate laws and rules, specifying conditions for foreigners to be admitted to another state's territory. Tightening requirements and making new restrictions for people who are going to visit a foreign country are one of efficient tools of foreign policy. International law has no norms obliging states to motivate the denial for a foreigner's admission into a foreign territory. The state cannot deny the admission for a foreigner if it contradicts obligations of the state implied in agreements concluded between the state of residence and an international intergovernmental organisation or in the treaties on privileges and immunities of international organisations.
This compendium comprises transcript of the workshop on ‘Human Rights on the Internet: legal frames and technological implications’ organized by the Higher School of Economics on the 7th Internet Governance Forum (Baku, Azerbaijan, 6–9 November, 2012) and relevant articles on legal and technological issues of Internet Governance in sphere of human rights, prepared by the group of legal and technical scholars of information studies of the Higher School of Economics. This compendium is devoted to the forthcoming 8th Meeting of the Internet Governance Forum on Bali, Indonesia, 22–25 October 2013.
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/