A. A. Kovalev, the Doctor of Jurisprudence
Today, in many respects under influence of
globalization - process of a denationalization of the markets,
politics and right - it's already impossible to consider international
law as explicitly the interstate right order. Now international
law, from the point of view of many known lawyers, is transformed,
at least partially, to some World right or World internal right,
which is affecting both the states, and on intergovernmental and
not governmental international organizations, transnational corporations
(TNC), and also the physical persons or groups of persons.
The World right can be determined as set of the rules of law arising
as a result of partial transformation of traditional state law.
As was marked above, the globalization is some kind of process
of a denationalization, which consists in the following.
First, the states depart from performance of a number of their
traditional tasks at the international level, transferring them
to the national, not state, private legal formations.
Secondly, as a result of development of telecommunication technologies
and the Internet, the state in the certain degree lose imperious,
managing potential. The state control above the financial markets,
ultra right forces, cyber-terrorism, which contradict principles
and sense of norms of the right and democratic society, becomes
more and more difficult. With the purposes of compensation of the
lost control the state even more often resort to exterritorial
realization of public authority. Such deterritorealization, in
turn, promotes the further destruction of classical model of a
Thirdly, in globalized world dominates the activity and interests
of institutes influencing world politics and right, such as UN, "Big
Eight", IMF, World Bank, WTO, EU, USA. These institutes impose
on the small and weak countries the standards of democracy, rights
of the man, effective management.
In - fourth, nongovernmental organizations and the groups of the
persons are entering the spheres of political activity, which were
or are left by the states, or which borders were extended by means
of new opportunities interstate communications.
In - fifth, such nongovernmental organizations as "the Green
Peace", "the International Amnesty", etc. quite
often position themselves in a role of "self-nominated" agents
of public interest. More powerful role is carried also by such
subjects at the international arena as TNC.
In - sixth, a general direction of a world economy is the movement
of mankind to creation of the uniform planetary market of the goods,
services, investments (capitals), or, in other words, to uniform
economic space. Together with system of the international economic
relations changes the international normative system, also, that
is closely connected with inner-state right. As a result the rudiments
of global legal system are formed.
All these changes mean, that the monopoly of the state as political
subject in the international system is destroyed. Alongside with
the states, within the framework of the international system the
international not governmental organizations, TNC, groups of persons
(radical population, ethnical minority) and even the physical persons
are cooperating among themselves.
Until now the common right and international treaty were considered
to be the classical sources of international law. According to
a principle of sovereign equality of the states the obligatory
force of norms following from the international custom or the international
contract, depend on presence of the consent of the state. At such
understanding of international law it was considered, that the
common international law had obligatory force only for those states,
which did not speak against recognitions of rules (norms) of the
law. Similarly international treaties could be considered as having
obligatory force only concerning the participants of the treaty.
In due course the requirements for creation of norms of the international
common right have been considerably changed by the doctrine and
practice of the states considerably . If earlier for this purpose
there was necessary an application of the appropriate practice
by the greatest number of states, later the observance of practice
by the majority of the states became not obligatory for the creation
of such a norm . Sufficient for creating a norm of the common right
was considered the practice of the several states, including the
states directly connected to a subject of this or that common norm
. The obligatory force of the international common right is not
extrapolated only to those states, which directly have declared
the refusal to a new rule or objected to the established practice.
Other states, which did not take part in practice or did not act
against such practice and common right, were considered as giving
the silent consent to such a practice.
As it was marked above, for distribution of the international contract
on this or that state last should express the consent to an obligatory
character of such contract. This principle, as it is known, contains
in the Convention on the right of the international treaties of
1969, which item 34 provides, that "the treaty does not create
the obligations or rights for the third state without its consent
on that". However this principle in later has received wider
interpretation. In some cases distributions of compulsion of the
treaty on the third state did not need the consent of this state.
Such treaties, as the treaties that are determining borders of
the states, demilitarized zones (Antarctic, for example), regime
of the international rivers or channels create a so-called "objective" status
or mode, which should be respected by the third states and accordingly
does not depend on their consent to compulsion of such a treaties
Besides, in connection with the international treaties it is necessary
to note also that after World War II the international community
addresses to right forming treaties as to an alternative way international
right creating. The basic feature such right forming treaties is
that they are directed on the achievement of a general purposes,
common for all parties of the treaty. Each party in the treaty
is obliged to all others by realization of the contractual obligations.
The infringement by one party of one of the obligations under the
treaty in relation to other party means infringement of the contractual
obligation against all other parties under the treaty, irrespective
of, whether this infringement put damage or not. For example, if
one party under the multilateral convention in the field of protection
of the rights of the man breaks the rights of the own citizens
or citizens of the country of other participant of the convention,
all other state-participants of the convention have the right to
apply the sanctions concerning the state - infringer. This "inside-contractual" principle
concerning some kinds of the international treaties represents
fundamental breakthrough of the international conventional law,
giving international law more objective and important character.
the Specified changes in international right creating process testify
the increasing role and influence of the multilateral agreements
as right forming. Therefore becomes obvious, that the states participating
in drawing up and the conclusion of such treaties recognize behind
themselves powers to create the right for the international community.
At least in the field of protection of the basic values of the
international community (preservation of an environment, safety,
struggle with terrorism, the human rights, etc.) the states recognize
behind themselves the right to create norms of international law,
obligatory for all of its subjects. In this connection there is
a problem of legitimacy of these states "to issue norms of
the right" concerning all international community. If we want
such norms to be really universal and work for all states it's
necessary, from our point of view, to ensure the participation
of all states in right forming and dialogue of the states about
material importance of public interests for the international community.
The sociologist, management expert.
To understand the behavior of the consumers
of wine production in our country, it is necessary to examine it
through a prism of historical development of the consumption of
alcohol culture in Russia.
The consumption of alcoholic drinks from old times was a precise
display of traditional Russian hospitality and valor of spirit,
that assumed not only the skill of giving will to passions, but
also the ability to constrain them, when necessary.
According to the evidence of the historian И. Прыжкова: "With
no fail every secular business began by a feast or good drinking,
and consequently the alcohol had vast cultural influence on the
peoples' social life".
This tradition is alive to now and the approach of any national
holiday is accompanied by the sharp increase of sales of alcoholic
production. In order not to miss the buyer at this moment the manufacturers
aspire to date their production for the appropriate celebration.
From here there is production with the names: "Celebratory",
"March 8th", "Christmas", "Easter",
etc. The amount of the promotion actions, sales, degustations in
shops is sharply increasing.
Still in XV century the recipes of original kinds of honey, strong
and alcoholic drinks, which were developed into the products for
a mass consumer, as example for a host or for warriors. At this
time all alcoholic drinks receives other name - "potion",
i.e. a strong drink of poor quality. Intoxication begins to get,
apparently, other character: from fun it turns to loss of sense
and perniciousness. Many Russian historians of that time mark,
that exactly the middle of XV century has appeared to be a time
of amazing fall of morals. This was promoted by essential deterioration
of quality of alcoholic drinks both of the technology of their
preparation, and of their consistence. For the first time drinking
places had been opened by the decree of Ivan the Great. The plenty
of substitutes ,which use caused not fun, but more often aggression,
intended for the common people had appeared . It has rendered huge
influence not only on the alcoholic consumption culture, but also
on all Russian life.
In the modern alcoholic market one of the most stable segments
is a cheap production of doubtful quality, but guaranteeing strong
alcoholic intoxication with turbidity of mind. There is no sense
to try to examine the given niche in detail, because here works
just one role: " cheaper - better", and the demand is
The historians mark the Russian people's attitude to drunkenness
as to something heroic: " the Host tried to get his guests
drink until they were senseless and in such a station he transported
them to their homes and drinking not much was the way of afflicting
In 1781 Crimea has become a member of the Russian Empire. Due to
this event in Russia has appeared grape wine, which was made there.
In this connection some improvement, at least on the highest levels
of society, in culture of alcoholic consumption, was outlined.
Spreading of grape wine gave the consumption of alcohol in Russia
a kind of nobility, first of all at the highest circles.
As to the largest part of the population, about grape wine there
could be no speech - Russia was too poor then. The authority continued
to occupy a dual position: on the one hand the decrees were issued
on punishments for infringements of the public order in a drunk
state and sale of bad quality spirit drinks of individual manufacture
was counteracted, and on the other hand it resisted to approach
of the teatotelers' movement and at last moment removed all restrictions
on manufacture and sale of alcoholic production, realizing the
volume of the treasury's losses. According to statistics of that
time Katherine II had 29 % of the public revenues, and Nikolai
II even 30 % from sale of alcoholic drinks.
During all Soviet period the growth of manufacture and consumption
proceeded. And only during the World War II the manufacture was
reduced in 5 times, but the introduction of the "narkomovski
100g" (100 g vodka per day for a person) played a fatal role
in the development of the alcoholic dependence. Later on, and especially
during the stagnant period, the consumption of alcohol has become
the integral part of the Soviet life. In second half of the XX-th
century many domestic patriots-manufactures put before themselves
a task of promotion the market of wine and wine-producing industry
of Russia on the world level in order to introduce in the people's
culture the consumption of more elite drink. But the anti-monopoly
company of 1985 has cut on a root the wine-producing industry of
the country. Till now areas of vineyards in the south of Russia
are five times less, than were on the eve of this reform.
Less strong grape wine requires bigger dozes in order to achieve
the alcoholic intoxication. The situation forces the drinking company
into a more long conversation, during which, despite of an amusing
atmosphere it is necessary to give tribute to belonging to an aristocratic
society and to show the certain restraint. Good wine is remaining
the privilege of a very narrow circle of the population.
The aspiration of the majority of people to claim a higher social
status has caused a conjuncture of the inexpensive wine which is
accessible for the majority of people. The demand, accordingly,
was reflected by the offer and the modern market is overflowed
by similar production. Many companies choose strategy: "wine
for the people" and under pretext of education and introducing
of the wine-consumption culture are advancing and selling their
production. As a rule, it is expressed in the advertising slogans,
custom-made clauses, information leaflets, posters etc.
The same tendency is expressed and in visual design of production.
That of them is most claimed, which label is more impressive by
its richness, luxury, aristocratic esthetics of the past.
Recently the wine designed as a souvenir is especially of a demand:
a bottle wrapped into a sacking or a parchment paper, packed into
wooden boxes, with simulation of dust, tied bands, sealing wax
stamps, etc. Similar production is some kind of a souvenir, with
it it is not a shame to take it as a present for the hosts, to
put it on a table. A great demand on the wines in such packing
speaks that one of the main stimulus for committing the purchase
is a celebratory or holiday event.
The present condition of the wine-producing industry is obviously
influenced by the history of formating the wine-consumption culture
in our country. Now large influence tries to render and other culture
brought to us from foreign countries, especially from the European
countries. It is spreading by means of the specialized press and
television, but remains just a privilege of a very narrow circle
of consumers. But the most part of the population are not easy
susceptible to imposing of the other culture and adhere to the
original Russian style of the consumption of alcoholic production.
T. V. Borova.
In my opinion, I'm a religious person. Actually,
many Christians, I think, will not agree with me. Indeed, I do
not observe fasts, seldom visit church, never go into details of
religious rituals and holidays and so forth. But, on the other
hand, many churches in our country, newly appeared and restored,
are simply surprising with the deviations from canonical ideas
about those, and on the television it is possible to see in parallel
with the sermon of a priest a sale of certain kinds of goods (and,
by the way, the Christian church is orthodox). So, some things
in the modern approach to religion are surprising even for me.
Well, and now directly to the theme. If we approach the religion
from the utilitarian positions, then it is truly priceless. And
not only for ruling circles, as it was declared in our country
in the period of the belligerent atheism. I mean a role of religion
and church in the secular state. For example, it is difficult to
prove to a man the necessity of observing the fast,despite presence
and abundance of food products in the specific time of year, or
to convince the contemporary inhabitant of megapolis to forego
some of her everyday clothing, for example, trousers. But there
are not a lot of moral and moral values, as a rule, and if the
man finds out about them even before he realizes by his own mind
(that, however, can never occur to him) the value of life of other
man - in my opinion, this is not bad. Moreover, the psychology
of a man is very labile , and such a moral "prop" is
necessary for everyone at certain moments. Then it seems to us,
that, holding on hands her baby, the Blessed Virgin looks at us
with sadness and understanding, and we, too, are understanding
her. And strangely enough, such "exchange" is capable
to relieve many sufferings of our souls. But what an atheist can
do in this case? And how then explain to ourselves the sense of
the existence, and after - our, as a rule, premature death? So
that, even if there is no god, he would be worthwhile thought up.
Borova T. V.
1.Just for the beginning: it must be said that I was always interested in poetry (as far as I can remember) and always thought that I was well acquainted with it. But lately there were several surprises awaiting for me there.
- As Russian is my native language, I'll begin with Russian poetry: as it turns out, I've never looked before the XIXth century (when at school possibly, but it was long ago). A really deep impression have left the poetic works of M. V. Lomonosov, and below are few lines from his ode "Вечернее размышление о божием величестве при случае великого северного сияния":
Лице свое скрывает день;
Поля покрыла мрачна ночь;
Взошла на горы черна тень;
Лучи от нас склонились прочь;
Открылась бездна звезд полна;
Звездам числа нет, бездне дна...
And in the poem "О сомнительном произношении буквы Г в российском языке" each word with the exception of prepositions contains letter G!
- 1.My attitude to the English poetry wasn't so tightly enframed by time limits, but I had no reason to boast about the knowledge of the cultural legacy of Thomas Campion (XVII century) or Robert Southwell (XVI century). That's why The Burning Babe and Times go by Turns (Southwell) and "Now Winter Nights Enlarge..." (the first part of the Campion's poem) appeared to be for me fully unexpected discoveries.
Now I think is the best time to apologize to those for whom all what was written above hadn't been a revelation and to the others say "good luck, there're a lot of amazing discoveries awaiting us out there!" and give some (maybe useful) links:
- some of the works of authors mentioned above on this site (Russian or English versions);
- the most convenient (in terms of searching and readability) site of English poetry - http://www.emule.com/poetry/;
- direct reference to the works of Southswell (there you'll be able to hear some of his poems): http://www.luminarium.org/renlit/southbib.htm.