National Security as a Foundation and a Limit on a State's Right to Rely on Permanent Sovereignty Over Natural Resources
The article focuses on the environmental and economic security of a State as the constituent elements of its national security protected by the principle of permanent sovereignty over natural resources. It also analyses interdependency of the two, exposing their practical interconnection in a way that a threat to environmental stability almost necessarily affects economic stability of a State. At the same time, a right to permanent sovereignty over natural resources is not absolute and should be exercised so as not to endanger environmental and economic security of others.
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
The chapter reviews the mechanism of foreign direct investment controls as implemented in Russia under the auspices of the Federal Law “On Foreign Investments in Russia” No. 160-FZ and Federal Law No. 57-FZ “On the procedure for making foreign investments in companies which are of strategic importance for ensuring the country’s defence and state security”. The author examines the definition of the foreign investor provided by the laws, analyzes the types of activities deemed of strategic importance for national defence and security and describes the thresholds triggering obligations of obtaining prior clearance of foreign investment transactions. A separate section of the chapter is devoted to the analysis of the procedures for obtaining clearances and the consequences of non-compliance. The paper also addresses other rules of the Russian legislation that restrict foreign direct investment to Russia. In the last section of the chapter, the author summarizes the experience of 10 years of application of foreign direct investment control mechanisms in Russia and poses questions on the possible implications of Russia’s experience for the EU Regulation establishing a framework for the screening of foreign direct investments into the Union.
Russia contributes to this transformation and pursues policies aimed at enhancing her foreign trade and economic security now and also to facilitate the development of a system where foreign nations will have no significant influence over the international currency system and world credit markets thus making economic dimensions of Russian overall power less vulnerable to manipulations from abroad.
Collection of articles on topical issues of international law and international economic law. Prepared in honor of the sixtieth anniversary of the leading specialist in the field of international economic law, Professor, Doctor of Law, Head of the Department of International Law of the Russian Foreign Trade Academy - Vladimir Mikhailovich Shumilov.
Relations of public entities concerning sustainable use and protection of natural resources are regulated by international environmental law. But after natural resources gain their value and move from one’s state economy to the economies of other states, they become an object of international economic law regulation. Thus, for example, fixing up carbon dioxide emissions quotas is a matter of international environmental law. At the same time international trade relations concerning these quotas are regulated by international economic law (international trade law, in particular). The concept of sustainable development should be the basic element of interaction of international environmental law and international economic law. The concept of sustainable development is a ground not only for environmental international treaties, but also for economic international treaties. Thus according to the Preamble of the Marrakesh Agreement establishing WTO, economic development is determined by “allowing for the optimal use of the world’s resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment”. Further on we may see specification of that statement in other multilateral WTO agreements and in practice of the WTO Dispute Settlement Body. On the other hand, about 20 multilateral environmental agreements stipulate restrictions in the sphere of international economic relations. For instance, Convention on biological diversity of 1992 settle non-tariff measures of international trade aimed at protection of biodiversity. Thus, multilateral environmental agreements and multilateral economic agreements often regulate the same international relations between the same subjects
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.
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/