The concept of "сomity" in Ulrich Huber’s conflict doctrine
The article considers the issues of creation and historical development of conflict-law method as applied to regulation of contractual obligations. The author’s attention is concentrated on delimitation of two systems of determination of applicable law — unilateral or bilateral. At that the author makes analysis of the viewpoints of Russian and foreign scientists with regard to this question and concludes on unconditional recognition of the fact that both unilateral and bilateral conflict norms have regulative function.
The significance of rational dialogue between believers and secular citizens, which has been offered by J. Habermas, becomes unquestioned because of increase of religion’s activeness in the public sphere. But “postmetaphysical” solution of this problem has been criticized by B. Trainor, D. Uzlaner and other researchers. The paper deals with the strategies of philosophizing, which let to interpret the metaphysics as the discovery of some structures of understanding. This way can avoid some quasi-scientific ambitions of postsecular philosophy as well as the ethical and epistemological relativism.
The application of «protective reservations» is a fundamental principle of modern codifications of the private international law. The post-graduate student of the Private International Law Department, Faculty of Laws, National Research University «The Higher School of Economics», the advocate E.A. Kruty (e-mail: firstname.lastname@example.org) minutely analyses provisions about the reservation about the public policy and mandatory rules which are included in the international acts and ten national codifications of XXI centuries (Azerbaijan, Lithuania, Estonia, Mongolia, Russia, Belgium, Bulgaria, Ukraine, Macedonia, Turkey). Despite the apparent prevalence of the negative construction of the reservation about the public policy the lawmaker prefers in some situations its positive variant. An appeal to codifications allows to identify the certain conditions on which protective reservations take effect. Their most detailed description is contained in the Belgian and Bulgarian codes. Not less interesting is a regulation of the legal consequences coming as a result of application of these legal institutions for private legal relations with a foreign element including in the international civil procedure.
In the chapter the main philosophical ideas of the American pragmatists - Ch.S. Peirce, W. James, J. Dewey - are exposed.
The study dwells on the problem of interaction between North American legal doctrine and codifications of private international law in the state of Louisiana and the Province of Quebec. Covering both classical and modern USA schools of thought in the area of conflict of laws, the article also includes a comparative analysis of Book IV (Conflict of Laws) of Louisiana Civil Code and Book X (On private international law) of Quebec Civil Code respectfully. On comparing these acts, the authors dwell on a thesis that, in spite of the obvious similarities between respectful legal systems, one cannot state undoubtedly that American doctrine of private international law has been recepted by abovementioned codifications in equal measure. Therefore, despite all the similarities, the doctrinal traditions on which they are respectfully based are actually different.
Mordecai Kaplan is one of the most significant modern Jewish thinkers. Western scholars put him in a par with such famous and respected philosophers as Martin Buber, Frank Rozenzweig, amd Hermann Cohen. Kaplan's philosophy became a theological basis of the Recostructionist movement in Judaism, which attracts about 2% of American Jews. In his works Kaplan combines Jewish religious thought with the ideas of American pragmatists, process theologians, Spinosa and Bergson. Although the variety of the intellectual links between Kaplan's philosophy and other famous philosophical teachings is really great, the influence of Pragmatism seems to be crucial. This paper studies Kaplan's ideas in the aspect of rationality and action, wich is the cornerstone of his thought and, presumably, the best example showing his strong ties with American Pragmatism
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/