«Мягкое право» в системе регуляторных механизмов ВТО
Approval and implementation of the revised text of WTO Government procurement agreement (GPA) became the events of vital importance not only for the GPA Parties, but for the whole process of WTO multilateral trade negotiations during last decades as well. The main purposes of the GPA revision were renewal and improvement of the Agreement and extension of its coverage. Among the results of negotiations, the following are the most significant: clear description of transitional measures and other opportunities for developing countries after accession to the GPA, incorporation of electronic procurement provisions and remarkable extension of market access commitments among the Parties to the GPA
The article puts forward a thesis: practice of modern corporations defines the development of contract law, which is specifically relevant for commerce. The author summarizes contractual and corporate practices and concludes that legal and economic consequences of corporate regulation and its influence on commercial relations are much more substantial than the effect of traditional law. In this context, the legal science is facing a line of new challenges. The author outlines directions for such a research.
The present Article is devoted to impact on regulation of international relations by soft law. The basic views of soft law norms classification are described. The author focuses attention on influence of soft law in lawmaking process. The analysis of some treaty, custom and soft norms of international law is given. The role of General Assembly Resolutions is underlined.
We address the external effects on public sector efficiency measures acquired using Data Envelopment Analysis. We use the health care system in Russian regions in 2011 to evaluate modern approaches to accounting for external effects. We propose a promising method of correcting DEA efficiency measures. Despite the multiple advantages DEA offers, the usage of this approach carries with it a number of methodological difficulties. Accounting for multiple factors of efficiency calls for more complex methods, among which the most promising are DMU clustering and calculating local production possibility frontiers. Using regression models for estimate correction requires further study due to possible systematic errors during estimation. A mixture of data correction and DMU clustering together with multi-stage DEA seems most promising at the moment. Analyzing several stages of transforming society’s resources into social welfare will allow for picking out the weak points in a state agency’s work.
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/