The artickle tackles the issues of a key term of contract between the owner of a vessel and the charterer for the use of a vessel (charter party) - a safe port. The concept of a safe port and requirements (terms) which it is to meet - nautical, sanitary, political and legal - have been worded. A safe port clause tends to be a requisite of contract of affreightment. It is very close but it does not dovetail other related clauses of this contract - «as close as the vessel can approach safely», «always afloat», «not always afloat, but safe on the bottom». Shipowner has a right not to implement the requiement of the other party - merchant - on directing the ship to a safe port. The safe port term is treated as a guarantee of a free port under English law. This means that the breach of guarantee by the merchant entails damage to the vessel for the merchant in any case. The merchant may be indemnified only if the vessel's captain performing the merchant's order breaks the chain («novus actus intervieniens»). Under Russian law, the liability of the merchant for directing the vessel to an unsafe port is a contractual liability based on the principle of guilt.
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/
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