Законность: теория и практика
Legal pluralism and the experience of the state in the Caucasus are at the centre of this edited volume. This is a region affected by a multitude of legal orders and the book describes social action and governance in the light of this, and considers how conceptions of order are enforced, used, followed and staged in social networks and legal practice. Principally, how is the state perceived and how does it perform in both the North and South Caucasus? From elections in Dagestan and Armenia to uses of traditional law in Ingushetia and Georgia, from repression of journalism in Azerbaijan to the narrations of anti-corruption campaigns in Georgia - the text reflects the multifarious uses and performances of law and order. The collection includes approaches from different scholarly traditions and their respective theoretical background and therefore forms a unique product of multinational encounters.
The book contains articles written for the international conference "Legal Aspects of the BRICS", held 6-8 May 2013 at the University of "Tor Vergata" (Rome). They are grouped into the following sections: Legal basis BRICS: International law and Roman law; environment and sustainable development; trade: international contracts and contemporary legal systems; energy and legal instruments. Articles are devoted to actual problems of the functioning of the BRICS and cooperation of BRICS countries.
The author analize implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of 1977 in the United Kingdom and in the United States. Special attention paid to the influence of the Convention on the development of anti-corruption compliance control in companies, to the liability for corruption offenses and application of the UK and the US anti-corruption law to foreign companies.
The article is devoted to the definition of legal nature of the FATF Forty Recommendations on anti-money laundering and Nine Special Recommendations on Terrorist Financing. The first part of the article observes the creation and development of the FATF Forty Recommendations and Nine Special Recommendations on Terrorist Financing. Next, the article considers the question of determining the legal status of the recommendations of the FATF.
States may stipulate laws and rules, specifying conditions for foreigners to be admitted to another state's territory. Tightening requirements and making new restrictions for people who are going to visit a foreign country are one of efficient tools of foreign policy. International law has no norms obliging states to motivate the denial for a foreigner's admission into a foreign territory. The state cannot deny the admission for a foreigner if it contradicts obligations of the state implied in agreements concluded between the state of residence and an international intergovernmental organisation or in the treaties on privileges and immunities of international organisations.
The article deals with results of the scientific seminar on "Legal Aspects of the BRICS", held in St. Petersburg with the participation of law professors from universities in the BRICS countries. They are represented in the collection of articles with the same title. The author presents the conclusion about the necessity of comparative studies of legal systems of the BRICS countries for the successful cooperation in the framework of the BRICS group, notes the potential of a harmonization of the legal regulation of all spheres of cooperation, besides of the use of the international law.
This Chapter is devoted to the study of the emergence and development of the international regulation of social security, its modern scope and specifics, as well as basic international principles, rights and freedoms in this sphere.
The article covers principal provisions of the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea. The study focuses on the specifics of acting legal regimes of liability for failing to preserve goods under carriage by sea and shows the necessity to make a uniform legal regulation. The article also shows wide boundaries for applying the new Convention compared to the apllicable one and the liability kept by the carrier for failing to preserve goods and for delaying its delivery. The difference has been given between negotiable and non-negotiable transport documents, and an electronic transport record has been described as an alternative to a «hard copy» document. The article is also supplied with considering issues of period of time for suit, jurisdiction, and arbitration.
UN Convention, regime of liability, expanding scope of action, liability for failing to preserve goods, delay in delivery, transport document, electronic transport record, period of time for suit, jurisdiction, arbitration
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/