Практика как основа формирования международного обычая
The point of view that “practice” is one of the main elements of customary international law is the most widespread in the doctrine of international law, activities of states and other subjects of international law. However, there is no consensus on the characterization of customary practices, as well as mandatory requirements to it, giving such practice a special quality. Not any practice in the relations between subjects of international law can become a prototype of the customary rule of international law. The article presents the peculiarities of customary practice and constituting the contest of the practice relationships between subjects of international law, its types and forms, as well as types of activities of state bodies forming the basis of the practice. The authors detail on the requirements for the customary practice without which the custom cannot be formed. The article also clarifies the list of such requirements and proposes to include them: commonality; uniformity and certainty; sustainability (stability) and permanence (continuity); compliance with laws of social development, needs of the development of interstate relations, common interests of states. These requirements, according to the authors, are systemic, interrelated, inseparable and constitute a coherent whole. The progressiveness of practice is proposed to be referred to its important requirements, which are optional. According to the author’s position the duration in time shouldn’t be attributed to a number of requirements to the customary practice, it is only its characteristic. The author analyses the concept of “instant custom” and the possibility of its application. A customary rule, corresponding to practices in any new area of interstate relations is formed in a short period of time. The completion of the formation of customary practice is characterized by the presence of its certainty, stability at a particular stage of development of the society. However, a long-term sustainable practice is the best proof of the existence of customary practice. The article pays attention to the formation of local customary practice. It is concluded that the general practice, as a rule, passes the stage of practice of two states or a group of states. In the future, such limited practice can expand because of its positivity and conformity with the vital interests of States.
The book contains articles written for the international conference "Legal Aspects of the BRICS", held 6-8 May 2013 at the University of "Tor Vergata" (Rome). They are grouped into the following sections: Legal basis BRICS: International law and Roman law; environment and sustainable development; trade: international contracts and contemporary legal systems; energy and legal instruments. Articles are devoted to actual problems of the functioning of the BRICS and cooperation of BRICS countries.
The author analize implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of 1977 in the United Kingdom and in the United States. Special attention paid to the influence of the Convention on the development of anti-corruption compliance control in companies, to the liability for corruption offenses and application of the UK and the US anti-corruption law to foreign companies.
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.
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.
The article deals with results of the scientific seminar on "Legal Aspects of the BRICS", held in St. Petersburg with the participation of law professors from universities in the BRICS countries. They are represented in the collection of articles with the same title. The author presents the conclusion about the necessity of comparative studies of legal systems of the BRICS countries for the successful cooperation in the framework of the BRICS group, notes the potential of a harmonization of the legal regulation of all spheres of cooperation, besides of the use of the international law.
This Chapter is devoted to the study of the emergence and development of the international regulation of social security, its modern scope and specifics, as well as basic international principles, rights and freedoms in this sphere.
The article covers principal provisions of the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea. The study focuses on the specifics of acting legal regimes of liability for failing to preserve goods under carriage by sea and shows the necessity to make a uniform legal regulation. The article also shows wide boundaries for applying the new Convention compared to the apllicable one and the liability kept by the carrier for failing to preserve goods and for delaying its delivery. The difference has been given between negotiable and non-negotiable transport documents, and an electronic transport record has been described as an alternative to a «hard copy» document. The article is also supplied with considering issues of period of time for suit, jurisdiction, and arbitration.
UN Convention, regime of liability, expanding scope of action, liability for failing to preserve goods, delay in delivery, transport document, electronic transport record, period of time for suit, jurisdiction, arbitration
The International scientific-practical conference abstracts «Psychology of a person’s attitude to ability to live: problems and prospects». The materials of the collection reflect theoretical and methodological trends and problems of a person’s attitude to ability to live psychology that exist in modern Russian psychological science. On the other hand the materials mainly represent results of research based on psychology of attitudes methodology and systematic-subjective approach developed in Russian psychology. The structure of the conference materials reflects specificity of basic trends in scientific development carried out on the problem of a person’s attitude to ability to live psychology.
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/