1. Государство как субъект международного права. Границы, права и обязанности государств. Признание суверенитета государства.

Every state enjoys complete and exclusive sovereignty over its territory and the air space above it.

To be recognized as a sovereign state it should be consistent with several conditions: to have population, territory, government, that can rule the country, currency etc.

State boundaries

- land boundaries (no rule, determined by express or tacit agreement with its neighbors)

- territorial waters (‘cannon shot’ rule, 3 miles, The 1982 Law of the Sea Convention: 12 miles TW, 200 miles EEZ)

- airspace (exclusive jurisdiction)= full, exclusive sovereignty

Rights of States

- Every State has an inalienable right to choose its political, economic, social and cultural systems, without interference in any form by another State.

Duties:

- to promote universal respect for and observance of human rights and fundamental freedoms

- to fulfil in good faith the obligations

- to refrain from:

o threat or use of force against other State (or in any other manner inconsistent with purposes of UN)

o acts of reprisal (involving the use of force)

o organizing, instigating, participating in civil strife in another State

o measures of coercion(принуждение) of another State (economic, political or other)

o subversive, terrorist or armed activities towards violent overthrow of the regime (organize, assist, foment, finance, incite or tolerate)

2. Формы собственности. Частное предпринимательство, партнерство, общество с ограниченной ответственностью (ооо), открытое акционерное общество (оао). Процедура регистрации.

Business ownership

1) Sole trader – earliest form of business, owned and managed by one person (hired staff – not proprietors).

Registration in trade register, license, books reflecting the results of business activities.

Advantages:

- easy to set up

- confidential finances

- sole possession of profits

- freedom in decisions

- personal service,can adapt to social needs

Disadvantages:

- unlimited liability(responsible for all debts himself, can be made to sell his posessions)

- limited capital for new projects

- tied to business

2) Partnership (unlimited) – joint property and capital of its members (up to 20 people), profit distributed proportionately to the share of participation, equal and collective responsibility;

(limited or sleeping) –if at least one working partner with unlimited liability,others can invest capital in a firm-they don’t work,but share in profits and losses(but up to the amount they have put in)

Registration: name of 1-2 full members, must not add ‘Ltd.’

Advantages:

- more capital available

- new ideas

- easy to form-no complex legal problems

- sharing of work

- losses shared

- specialization in professional partnerships

Disadvantages:

- limited capital for a large scale business

- disagreements possible

- unlimited liability

- no continuity (part-p breaks up on death, retirement, bankruptcy)

3) Private limited company – number of people (more than 20) invest money by buying shares (cannot be sold through Stock Exchange, only to people of whom the director approve, board of directors appointed, dividends paid on each share if company makes profit.Shares can be partly paid.Shareholder is liable only for invested by him money.

Registration:

Memorandum of Association (Company and its dealing with outside world/sets out name Ltd., type, total share capital, kind of shares)

+

Articles of Assocation (rules how the company run internally: powers, duties of directors, staff, salary, issue and transfer of shares)

sent to Registar of Companies

=

Certificate of Incorporation(permission to start trading)

Advantages:

- more capital than partner-p

- limited liability

- continuity

- legal position as company

Disadvantages:

- expensive to set up – heavy legal and accountancy fees+ large government stamp duty

- shares cannot be sold to public-may limit capital

- expensive to audit accounts carefully

4) Public limited company – more than 2 shareholders (no maximum),minimum capital – 50 000 f., shares can be advertised and sold to the public, operates on large scale (must reveal activity to the public).

Registration:

Memorandum of Association+ Articles of Assocation +Prospectus (set out for public company’s aims, background)

=> Registar of Companies => Certificate of Incorporation(But cannot start trading yet)

- Company makes public offering – advertising for sale(public issue) or selling shares privately to pension funds,insurans comp(private placing)(for enough capital) =>Can apply for Trading Certificate,get it,start the bussiness

Advantages:

- almost limitless capital (shares)

- large scale of operation (huge projects undertaken)

- limited liability (to the amount of investment)

- continuity

- legal identity of the company

Disadvantages:

- expensive and complex to set up

- critics of management by shareholders may hinder the progress of the company

- inflexibility, inefficiency of management, overstaffing

- much information must be revealed(companies Act 1967-large corporation can work against government wishes)

- liable to takeover bids and political pressure

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