The Court of the Eurasian Economic Union: not just for Government-to-Government Dispute Settlement
Since its establishment in 2015 the Court of the Eurasian Economic Union (the 'Court') has been largely seen as a mechanism for resolving disputes between governments or for interpreting the law of the Eurasian Economic Union (EAEU) in abstracto via its advisory opinions. As a result, its potential has been largely underutilized by economic entities despite a liberal locus standi and the possibility to challenge the validity of both individual acts (for instance, in the field of EAEU competition law) and regulatory acts of general application adopted by the Eurasian Economic Commission (EEC), including antidumping measures or even technical regulations. This article aims to discuss how the EAEU Court may help private actors to protect their rights and legitimate interests under EAEU law. It examines the different types of actions available to economic entities, the admissibility criteria and the consequences of the Court's judgements. As the analysis of the EAEU Court's case-law shows, the action for failure to act is of particular importance as it may be used by private entities as an indirect mechanism to enhance Member States' compliance with their obligations under EAEU law. Finally, the authors also address the issue of the sources of law that private actors could rely upon.
This paper outlines peculiarities of the use of organicistic allegories by representatives of the German historical school of law — F.K. Savigny and G.F. Puchta. On the wide range of texts on the philosophy of history and the history of law written by contemporaries (Fichte, Hegel) and precursors (Herder, Vico) it is shown how the comparison between history with human life can perform different functions depending on the methodological presumptions of the authors.
The Guide has been written for everyone working or training to work in the legal profession. It provides basic knowledge of legal words and terms. The various exercises throughout the Guide focus on the key legal vocabulary that must be known by law learners.
This article examines the place of the Eurasian Economic Union in the global economy by comparing the main indicators of the social and economic development of the EAEU and regions such as the US, EU and China. Based on the conclusions, the author analyzes various directions of integration of the EAEU and its interaction with third countries in the space of "Greater Eurasia".
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/