Эволюция коллизионного регулирования деликтных обязательств в международном частном праве Израиля
The research is devoted to the analysis of the evolution of conflict of laws regulation of tort obligations in Private International Law of Israel. When writing the article, we used the traditional methodology for comparative studies – methods of comparative analysis, comparative-legal, formal-logical, historical-legal and dogmatic. Conflict of laws issues of cross-border tort relations are not regulated at the legislative level in Israel. Conflict of laws rules of tort law are developed exclusively by judicial practice. For several decades, Israeli jurisprudence has tried to develop some general principles for determining the appropriate rules of choice of law in cross-border torts. For more than 30 years, the English common law approach has prevailed in Israel when dealing with conflict of law issues of tort obligations. However, in the 1980s, the Supreme Court of Israel expressed the official legal position that the Israeli court should have the right to independently establish conflict-of-laws regulations that differ from the rules of English common law. The English approach was replaced by the American flexible conflict methodology-the theory of “the most significant contacts”, “the state interest”, “the best law”, “the closest connection”. American conflict-of-law approaches have dominated Israeli courts for more than 20 years, but in the early 2000s, the prevailing view was that tougher and more stable rules were needed to ensure uniformity and predictability in the choice of law in torts. In the Israeli doctrine, the view is expressed that all modern rules for choosing the law applicable to torts can be found in the texts of religious Jewish law. Since the beginning of the 2000s, the European experience of regulation has been widely accepted in the judicial practice of Israel, mainly the approaches of the Rome II Regulation. Based on European models, case law has now developed a number of principles that can be invoked in Israeli courts as rules for determining the law applicable to torts. However, judicial practice continues to show instability and volatility. The article concludes that such problems could have been avoided if there was a codified legislation of the rules of choice of applicable law in Israel. The existence of an act of codification of the private international law containing clear instructions from the legislator is highly capable of ensuring the certainty and predictability of judicial decisions, their uniformity and international harmony.
The author has completed the comprehensive analysis of the last Arab League Summit that took place from 27 to 28 SUMMARY 78 АЗИЯ И АФРИКА сегодня№ 9 2010 March 2010 in Sirte (Libya) showing contradictions arising within the organization. These were issues of the first priority: the relationship with Israel in light of expansion of the program of building Jewish settlements in East Jerusalem, the problems of reforming the Arab League etc.. Due to Leagues increased contacts with non Arab states (primarily Turkey and Iran) members of the summit have reviewed a draft treaty submitted by the Arab League Secretary General Amre Moussa, who has suggested to create the Arab Neighborhood Zone. Issues proposed for consideration at the Extraordinary Summit of Arab League in October 2010, are also analyzed.
A macroevolutionary approach and the new field of Big History seek to develop an inclusive view of the Cosmos, Earth, life and humanity by erasing boundaries between disciplines. Big History is a versatile study that brings together constantly updated information from Astronomy, Physics, Geology, Biology, Chemistry, Anthropology, Psychology and other scientific disciplines, and then merges it with the contemplative realms of Philosophy and the Humanities. Big History evolved from the academic need to transcend the straight-jacket of university disciplines in the early 20th century, beginning with subjects like Biochemistry and Astrophysics (Christian and McNeill 2008; Rodrigue and Stasko 2011).
The main research subject of this book is the phenomenon of the "positive deviation" in Sabaic epigraphy, i.e. the use of the plural in the places where one would expect the singular or dual. The quantitative analysis of this phenomenon undertaken in this book leads me to the supposition that its main causes are social and not purely linguistic, though the linguistic trend towards the supplanting of the dual by the plural observed in Middle Sabaic epigraphy can partly (but only partly) explain the positive deviation from the dual. Hence, the study of this phenomenon leads me to the following suppositions with respect to the social history of ancient Yemen: (1.) Clan organization seems to have played an important role in the social life of Middle Sabaean society (= the Middle Sabaean cultural-political area = the Northern part of the area of the Middle Sabaic epigraphy, the 1st century BC - the 4th century AD): (1.a.) All the main types of immovable property (fields, vineyards, houses, irrigation structures, wells &c) were considered as a rule almost without exceptions to be the property of clan groups, but not of the individuals. (1.b.) Clan groups (not individuals) were considered to be chiefs of the tribes.
1.c. Clan groups were often considered to be both objects of the client dependence, and the patrons of the clients ('dm).
1.d. Tribes were often considered to consist of clan groups (not of individuals).
2. In the Ancient Sabaean cultural-political area (the 1st millennium BC) the role of the clan organization was remarkably less important.
2.a. It is impossible to say that almost all kinds of immovable property were considered here to be in the possession of clans. In the majority of the cases individual (not clan) possessions are mentioned in the Ancient Sabaean inscriptions. Though private ownership might not have become completely universal in the Ancient Period, it is quite evident that the process of the formation and proliferation of this form of ownership went quite far in this Period.
2.b. In the Ancient Period the individual forms of cliental dependence seem to have played a much more important role than the clan ones. In the majority of the cases individual persons (not clients) were considered to be both "patrons" and "clients".
2.c. Individual persons (not clans) were usually considered to be leaders of tribes and communities in the Ancient Period.
2.d. Tribes were always considered to consist of individuals (not clans) in this period.
3. One may suppose that the process of the formation of the state and civilization in the Lowlands went far enough in the Ancient Period to cause a considerable decline of the clan organization and the ejecting of it to the periphery (both in the spatial and social senses of this word) of the social system.
4. Hence, it is possible to suppose that with the transition from the Ancient to Middle Period the clan organisation in the "North" significantly consolidated, its social importance considerably grew.
5. The "archaization" of the social life in the Southern (Himyarite-Radmanite) part of the area of the Middle Sabaic epigraphy (most of which was a part of the Qatabanian cultural-political area in the Ancient Period) was less strong than in the Northern ("Sabaean") part. The Ancient "individualized" tradition survived in the South to some extent, and the positions of the clan organization were not so solid here as they were in the North.
6.The above-mentioned social changes fit quite well in the general picture of the Pre-Islamic Yemeni history.
6.a. Several factors described in Chapter 4 caused a significant decline of the Sabaean state and civilization by the end of the 1st millennium BC. The weakening state organization seems to have become incapable of providing guarantees of life and property to individuals, and it was the clan organization that took on these functions to a considerable extent. As a result we can see by the Middle Period the consolidation of the clan organization which acted as a partial substitute for the weak state. This process can be also considered as quite an adequate social adaptation to the new situation which appeared in the Sabaean cultural-political area by the end of the 1st millennium BC with the relative decline of the Sabaean Lowlands (caused by the above-mentioned factors) and the rise of the importance of the "Sabaean" Highlands. Indeed, the Middle "Sabaean" political system, which was much less like a regular state than the Ancient one which included strong clan and tribal structures as its integral elements, turned out to be a really effective form of socio-political organization for a complex society in the Northern Highlands. Most political entities which appeared in this region from that time till the present have showen evident similarities to the Middle "Sabaean" socio-political organization.
6.b. The Middle Sabaean political system may be also characterized as consisting of a weak state in its centre and strong chiefdoms on its periphery. However, there is no doubt that this was a real system, i.e. it had some integrative properties which could not be reduced to the characteristics of its elements. It should be also taken into consideration that the state and chiefdoms were not the only elements of this political system. It included as well e.g. a sub-system of temple centres and the civil community of M_rib, as well as some true tribes (not chiefdoms) in the area of the Sabaean Lowlands, primarily the tribes of the Amirite confederation. With the transition from the Ancient to Middle Period the Sabaean political system was essentially transformed, becoming as a whole very different from the "state", but remaining, however, on basically the same level of political complexity. Without losing any political complexity and sophistication, the Middle "Sabaeans" managed to solve in quite different ways the problems which in complex societies are normally solved by states, such as the mobilization of resources for the functioning of the governing sub-system, the territorial organization of a vast space and the provision of guarantees of life and property. The Middle "Sabaean" experience seems to demonstrate that a large, complex, highly developed (in comparison with for example an average chiefdom) and integrated territorial entity need not necessarily be organized politically as a state. This appears to show that for the "early state" the transition to the "mature state" or complete "degeneration" into "tribes" and "chiefdoms" were not the only ways of possible evolution. One of the possible alternatives was its transformation into a "political system of the Middle Sabaean type". The real processes of political evolution seem to have been actually much less "unilinear" than is sometimes supposed. A significant transformation appears to have occurred in the area in the Early Islamic Period, and by the late Middle Ages the political system of the former "Sabaean" region seems to have consisted mainly of a stronger state in its centre and true tribes (not chiefdoms) on its periphery, whereas regular state structures persisted in the Southern (former Himyarite) cultural-political area.
6.c. The decline of the Ancient Qatabanian state took place significantly later than that of the Ancient Sabaean one. As a result the social continuity between the Ancient and the Middle Period in the Qatabanian cultural-political area was stronger, and the social transformation in the "South" turned out to be less dramatic. As a result in the Middle Period the state organization in the "South" appears considerably stronger than in the "North"; whereas the clan organization seems to have been much weaker. Quite an impressive feature of Yemeni history is that we find a more or less similar picture in 20th century Yemen: very strong clan-tribal structures and very weak state ones in the Yemeni Uplands to the north of Naq_l Yili (in the "Sabaean Highlands") and relatively weak clan-tribal structures and relatively strong state ones to the south of it, in the "Himyarite Highlands". Thus the above described picture appears as almost invariable in Yemeni history since the first centuries AD. This fact leads one to the supposition that there must be some fundamental basis for such a stable difference between the "North" and the "South". Its main objective factor is evident: the significant difference in the geographical conditions. It is really remarkable to find that the Highland territories of the two Middle Period cultural-political areas are practically identical with two main ecological zones of the Yemeni uplands.
7. The clan organization was not universal, even in the Middle Sabaean cultural-political area. The dense network of the clan relations was considerably weaker near the king and, perhaps, the most important temple centres, as they stood outside the clan organization and above it. In spatial dimensions, the zone of the weaker clan relations could be localized in the area of Marib and, perhaps, Nashq, Nashshan and San'a'.
Shortening of available volumes of a natural resource can become an engine for the new technologies development, and these technologies would help using it more effectively or would allow substituting it with some other resource. In Israel state policy aiming to shortening of the demand for sweet water together with subsiding of new technologies which allow to produce sweet water and to substitute it, led to a new phenomena. Technologies that evolved appeared to be skill-biased and water-replacing, which because of special properties of the substitute resource (intellectual resource) leads to economic development of the country.
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/