Выбор права в трансграничном ликвидационном неттинге
This paper offers an outline of the perception of “transnational employment relations” in a legal context. It will analyse various doctrinal and legislative approaches to the definition of the phenomenon, as well as the usage of the terms employed in its naming, its key characteristics and classifications. The author will reveal and explore the reasons for the problems that arise in the interpretation and legal regulation of the phenomenon, and will suggest some possible solutions to them.
The paper will analyse several terminological aspects of the terms used in descriptions of and references to employment relations which could be seen as falling under more than one legal order (jurisdiction). The paper will also aim to prove the hypothesis that, from a legal point of view, a transnational employment relation can be described (and differentiated from a regular “national” employment relation) through the presence of elements in which “transnationality” manifests itself and the number of such elements in a particular relationship. From this viewpoint, we can divide all transnational employment relations into two groups according to whether the “transnationality” of its elements is connected with one (simple relationship) or more (complex relationship) countries (legal orders) except the observer’s county (legal order).
 The term “transnational employment relations” in the title and the opening parts of the paper merely serves as a starting point for the study and a time/space saver to make references more compact. It should not be seen as an ideal or recommended naming of the phenomenon in question.
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 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/