Новеллы в международном частном праве Аргентины
Argentina is one of the most developed countries in the Latin American region, which certainly stimulates the legislator to pay great attention to improving the national regulation of cross-border relations. The Private International Law of Argentina was first codified in the Civil Code (1869), but always developed mainly through the “international dimension”, and the “national dimension” always had a “residual” character and did not adequately reflect modern trends in the regulation of private international relations. In 2015, the new Civil and Commercial Code entered into force in Argentina, Title IV “Provisions of Private International Law” of which contains a rather large-scale and detailed regulation of the issues of Private International Law and International Civil Procedure. The Argentine legislator has chosen the path of intra-branch complex codification of PIL / ICP - in the act of general codification of civil law the rules for selecting the applicable law and jurisdictional norms are included as a separate special section. Compared with the previous regulation, the new PIL of Argentina underwent significant modernization, primarily under the influence of the European approaches - the Swiss PIL Law and the EU regulations on jurisdiction, applicable law and enforcement of foreign judgments. The article analyzes the most significant novelties affecting the institutions of the General Part of PIL: the establishment of the content of foreign law, the qualification of legal notions, the renvoi, flexible connecting factors, the autonomy of will of the parties, the technique of dépeçage and the adaptation of conflict rules. It is concluded that, in general, the new PIL of Argentina produces a positive impression. On the other hand, there are a number of serious shortcomings in the regulation of general issues of the PIL, in particular: 1) the renvoi institution is formulated very broadly and indefinitely; 2) there is no special rule on prior, preliminary and collateral conflict issues; 3) the institution of qualification of legal notions is not legally regulated. It appears that these shortcomings are the costs of the intra-branch method of codifying PIL, and they could have been avoided if Argentina had followed the path of complex autonomous codification of PIL / ICP.
The present article examines the main peculiarities of modern development of the sources of Private International Law, including domestic legislation, international treaties, international customs, case law, legal acts of international organizations and lex mercatoria. The author proved that at present the main trend of the development of domestic legislation as a source of PIL consists of its intensive and extensive codification. Another trend of the development of PIL sources undermines the enlargement of instruments of non-state regulation of private international relations, namely, lex mercatoria as an example of soft law. As far as the development of PIL sources in the European Union is concerned, two trends may be observed simultaneously: firstly, formation of European conflict law and European Civil Procedure by instruments not only having legal force but also having direct application on the territory of the EU Member States (regulations); secondly, formation of the unified material rules regulating private relations amongst different subjects on the territory of the EU, which are contained either in regulations, or in non-binding documents.
The article examines current trends in the process of national codifications of international private law (PIL) on the example of countries in Asia and Africa. The choice of the subject of the study is due to the fact that the PIL of these countries is least known to the Russian reader. Meanwhile, the process of codification of PIL is global, covering all regions of the world, including Asia and Africa. The legislation of these countries demonstrates the whole variety of forms and methods of codification of PIL, the whole range of contradictions and problems that arise when developing new laws and modernizing old ones. The article concluded that in the codification of MPEs in African and Asian countries, the intrabranch form dominates, with a considerable number of legislators preferring the intrabranch integrated method; there is a direct borrowing of the European models adopted many years ago, often without their adaptation to current trends in the development of the PIL; many laws on PIL in Islamic countries have a religious tint, which may hinder the normal development of cross-border private relations.
Argentina, the second largest country in Latin America, hardly recovered form the recession of the year 2001, faces the crisis again in 2008. First of all, the crisis affected the credit and banking sphere of the country, reducing the volumes of credit and deposit. But during the crisis, Argentina managed to carry out the restructuring of the financial system. The Global financial and economic crisis has shown the importance of the investors' confidence.
The authors provide an article-by-article overview of the double tax treaty Russia-Argentina effective as of January 1, 2013.
The study dwells on the problem of interaction between North American legal doctrine and codifications of private international law in the state of Louisiana and the Province of Quebec. Covering both classical and modern USA schools of thought in the area of conflict of laws, the article also includes a comparative analysis of Book IV (Conflict of Laws) of Louisiana Civil Code and Book X (On private international law) of Quebec Civil Code respectfully. On comparing these acts, the authors dwell on a thesis that, in spite of the obvious similarities between respectful legal systems, one cannot state undoubtedly that American doctrine of private international law has been recepted by abovementioned codifications in equal measure. Therefore, despite all the similarities, the doctrinal traditions on which they are respectfully based are actually different.
The textbook in accordance with state educational standards sets out the main provisions of an in-depth course on Private International Law. Volume 1 deals with the General part of Private International Law theory - the concept, object, system, method, sources. Volume 2 examines specific branches of private international law - the law of persons, international property law, international contract law, private international transport law, private international currency law, international intellectual property law, international tort law, international inheritance law, international family law. Volume 3 highlighted procedural and substantive procedural industry in the system of private international law: international civil procedure, international commercial arbitration, cross-border insolvency (an international bankruptcy law) and international notarial law. All theoretical constructs are illustrated with examples from judicial practice, legal norms and international legal instruments. Analysis of Russian legislation takes into account all the innovations made in the relevant legal acts. For bachelors, undergraduates, graduate students and professors of universities and law faculties of universities and other educational institutions, specializing in international business; economists and legal practitioners.
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/