О временном применении международных договоров, разделении властей и демократической легитимности
Provisional application of a treaty, which is subject to ratification, raises fundamental questions to constitutional systems in general, the principle of separation of powers and democratic legitimacy in particular. The assessment of the validity of a State's consent to be bound by provisional application of a treaty or parts of it should be based on the norms of the constitutional law of the State concerned. A different approach, when international law is interpreted in isolation from the domestic constitutional requirements, results in dysfunctional outcome and imputation of consent to the State bypassing the necessary constitutional procedures. In accordance with the Constitution of the Russian Federation, the powers of the President of the Russian Federation and the Government of the Russian Federation related to provisional application of treaties are not absolute. They should be exercised within limits provided by chapters first and second of the Constitution of the Russian Federation. Decisions of fundamental importance, including transfer of some of the sovereign powers to the international level, creation of alternative to national courts dispute resolution procedures, expressing consent to the jurisdiction of international investment arbitration cannot not be made without ratification and legitimation by the legislative body of the Russian Federation.
The article examines institutional changes in EU-Russian energy relations since 2000. The article explores the ability of transformed institutions to limit the politicisation of energy and to reconcile the EU competitive-market approach with Russian state capitalism. More specifically, the article focuses on changes in intergovernmental, transgovernmental and transnational interactions. The article demonstrates that the gradual strengthening of transgovernmental and transnational institutions has inhibited the politicisation of energy relations and facilitated regulative cooperation between the EU and Russia. However, the potential of shared institutions is constrained by internal institutions on both sides. In Russia, these obstacles are insufficient top-down delegation of responsibilities in the government and its great power aspirations. In the EU, key barriers include inter-institutional rivalries, the EU’s propensity to impose its legislation on external partners and the integration of energy policy with foreign policy. The article presents several policy implications. First, it is futile to institutionally impose the regulative paradigm of one partner on the other; rather, mutual dialogue is needed. Thus, institutions should be structured appropriately. Second, current depoliticisation will require the involvement of not only the EU and Russia but also transit countries, such as Ukraine. Third, transgovernmental and transnational cooperation should be nurtured because this is a useful channel for both information exchange and a regulative convergence of policy implementing mechanisms. Finally, this incremental regulative convergence is the only option available today for the EU and Russia; this is also a way to further depoliticise energy relations.
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/