Performance of Derivative Transactions through the Central Counterparty
The article is devoted to the contractual models designed to formalize the legal relationship between the clearing participants (parties to the original derivative transaction) and the central counterparty (“CCP”). The author deals with the legal concepts of novation, so-called “open offer” and assignment, which are commonly used in international practice. Taking into consideration some Russian legal peculiarities and comparative law experience, the author comes to the conclusion that the concept of assignment is best suited to the Russian legal framework.
Russian law states specific rules for deals on exchange trading, these regulation introduced features that significantly distinguish exchange-traded contracts from others. In the article the special rules set forth in the conduct of trading and the conclusion of agreements on them is commented.
We discuss specific requirements to margining systems designed for central clearing for the credit default swap market. In particular, we analyze available market data eligible to be used in risk models for margining systems.
The article analyses the main changes in the US financial regulation following the Dodd-Аrank Act adoption in July 2010. The author arrives at the conclusion that the 2007 – 2009 financial crisis resulted in a shift of the dominating paradigm concerning the need for financial regulation. The article contains a number of hypotheses as to possible impact of the current reform on the US economy.
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/