İŞ MAHKEMELERİ KANUNU TASARISI TASLAĞININ DEĞERLENDİRİLMESİ.
The collection reflects the discussion of the bill on mediation in labour disputes recently proposed in Turkey. The discussion was organised in the form of an international conference held by the Turkish Association of Labour Law and Social Security Law and the Turkish Confederation of Employers Associations.
The paper is devoted to the idea of the applicability of mediation in employment disputes.
This article examines the position of Russian state courts, in particular, of the Supreme Commercial Court, w i t h regard to the arbitrability of disputes concerning the transfer of title i n real estate and of corporate disputes under Russian law. These specific issues are dealt w i t h i n the light of the general approach of Russian courts to arbitration. Firstly, some necessary explanations are given in relation to Russian regulation, practice and attitude towards arbitration. Then, the approach of the Russian state commercial courts w i t h regard to the arbitrability of real estate and corporate disputes is described and compared w i t h their general attitude to arbitration manifested in Russian case law. Finally, the author's viewpoint on the possible concerns underlying the apparently incongruent stance of the commercial courts to the arbitrability of real estate and corporate disputes is discussed.
Рublication was prepared on the basis of norms of the modern Russian legislation on labor disputes in accordance with state educational standards of higher professional education on the subject "Labor Law of Russia" (course "Labour disputes"). Its main aim is to help students in mastering the basic theoretical and practical knowledge and competences for the consideration and resolution of individual and collective labor disputes. Material contains general, special and peculiar parts. The general part deals with theoretical questions of labor disputes: concept, causes, law, principles, types and location of labor disputes in the labor law system. The special part contains sections on the procedure for dealing with individual and collective labor disputes, as well as the settlement of labor disputes certain categories of employees (civil servants, judges, prosecutors, foreign employees). Questions of foreign experience of labor disputes are considered in a special part of the tutorial. A special place is given to the problems of labor disputes and the prospects of development of Russian legislation on labor disputes.Each part includes relevant case studies (CBS and courts of general jurisdiction). For teachers, bachelors, masters and post-graduate law schools, as well as entrepreneurs, heads of organizations and personnel services, as well as those interested in labor disputes.
The chapter in a monograph gives an insight into the key problems and most recent tendencies of the law and practice of mediation in Russia. Russia already has detailed federal legislation governing mediation. Also, mediation has been practised in Russia for years, even when such legislation was not in force. Furthermore, Russian law governing mediation is in rapid development. Thus current Russian experience can be of interest to legislators and practitioners from many countries which also face problems with case overload in the state courts.
The article envisages the role of mediation in the dispute settlement mechanism in the World Trade Organization. It shows an example of a dispute from the WTO practice and shows how mediation can be useful for reaching a mutually satisfactory solutions even in highly complicated international economic controversies.
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/