On 23-24 September 2021, the School of International Law of the Higher School of Economics (Moscow) will convene an academic conference “International Justice: Looking to the Future”.

Past ten years of international justice were rich not only in its quantitative, but in its qualitative sense: they have demonstrated a rise of the interstate disputes; the ICC was trying to transcend its perception as a ‘court for Africa’; some highest domestic courts have challenged the authority of the ECtHR, as well as the ICJ, and the CJ EU; the WTO dispute settlement system faced the appellate body crisis, and there have been started intergovernmental talks at the UNCITRAL with a view to reforming the existing investor-state dispute settlement system. Russia was a part and a participant of many of these changes: it experienced several rounds of the ‘Yukos' lawfare’, is facing a growing number of international cases with respect of Crimea, South Ossetia, and the downing of MH17. As a result of the reform of 2020, Russia has become the only state that has set up the competence of the Constitutional court to decide on the enforceability of the judgments of the international courts at the constitutional level. 
The academic conference ‘International Justice: Looking to the Future’ is thought to take all these processes as the background for exchanging different views on the structured vision of the future of international courts and tribunals, their power and authority, and interrelation with the domestic courts. The use of methods of 'future studies' or ‘foresight’ for international justice should assist in the critical assessment of what should be changed and what should be kept, what should serve as the basis for the re-imagination of international justice, which factors and trends will influence the forthcoming developments. With this aim, the conference will dwell into methodological and theoretical issues of the future of international justice, deal with the interrelation between international and domestic courts, and analyze the peculiarities of development of the ICJ, the ECHR, the ICC and international criminal tribunals, WTO dispute settlement body, Court of the Eurasian Economic Union, and the international investment arbitration.    

PROGRAM OF THE CONFERENCE

23 September 2021

10:00 – 12:30 (Moscow time) / 9:00 – 11:30 (CET) PLENARY

• Moderator: Vera Rusinova, Doctor of Legal Sciences, Professor, Head of the HSE Law Faculty’s School of International Law

• Vadim Vinogradov, Doctor of Legal Sciences, Professor, Dean of the HSE Faculty of Law

• Anatoliy Kapustin, Doctor of Legal Sciences, Academic supervisor, Chair of the International Law section at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, President of the Russian Association of International Law, "The Concept of International Judicial Doctrine: a Possibility and Contradictions"

• Mikael Rask Madsen, Doctor in sociology of law, Professor, Director of Centre of Excellence for International Courts (iCourts), University of Copenhagen, “The Future is International: International Courts and the Making of International Society”

• Anatoliy Kovler, Doctor of Legal Sciences, Professor, Head of International and European Law Chair at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, European Court of Human Rights judge (1999-2012), “International Courts: the Formation of Models”

• Gleb Bogush, Candidate of Legal Sciences (PhD), Associate professor, HSE School of International Law, “Quo Vadis: Ten Years with ‘International Justice’”

12:40 – 14:20 (Moscow time) / 11:40 – 13:20 (CET) INTERACTION BETWEEN INTERNATIONAL AND NATIONAL COURTS: COMPETITION, RESISTANCE, COOPERATION, OR A MIXTURE?

• Moderator: Maria Filatova, Candidate of Legal Sciences (PhD), Associate professor, Head of the Laboratory of International Justice, HSE School of International Law

• Antonios Tzanakopoulos, PhD, Associate Professor of Public International Law at the Faculty of Law and Fellow in Law at St Anne's College, Oxford University, “Domestic Courts and International Law: Avoidance, Alignment, Contestation”

• Marten Breuer, Dr. hab., Professor, Chair for Public Law with Focus on International Law, Konstanz University, “From 'Principled Resistance' to 'Ultra Vires': New Techniques in Opposing ECtHR Judgments?”

• Aleksey Ispolinov, Doctor of Legal Sciences, “Constitutional and International Courts: Inevitability and Advantages of Conflicted Relationship”

15:00 – 18:00 (Moscow time) / 14:00 – 17:00 (CET) EUROPEAN COURT OF HUMAN RIGHTS: BETWEEN JUDICIAL DIPLOMACY AND PRINCIPLED RESISTANCE

• Moderator: Olga Sidorovich, Academic Journals Editor, Master of Business Administration in Public Sector

• Maria Filatova, Candidate of Legal Sciences (PhD), Associate professor, Head of the Laboratory of International Justice, HSE School of International Law, Polina Malkova, PhD, Associate professor, Research fellow, Laboratory of International Justice, “Amicable Settlement in ECtHR Practice: New Paradigm of Dispute Resolution”

• Lina Gaivoronskaia, Lecturer, Chair of Criminal Procedure, Moscow State University of Law (MSAL) named after O.E. Kutafin, “Relationship between the Russian Federation and the ECtHR: Future Perspectives”

• Artem Osipov, Associate Professor, Chair of Criminal Procedure, Moscow State University of Law (MSAL) named after O.E. Kutafin, “Resumption of Criminal Proceedings in the Form of ECtHR Judgments’ Execution in Russian Judicial Practice”

• Evgeniy Fokin, Candidate of Legal Sciences (PhD), Research Fellow, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Research fellow, Laboratory of International Justice, HSE School of International Law, “Interaction of the Council of Europe’s Venice Commission and the ECtHR in Realizing European Legal Order Ideas”

• Olga Chernishova, PhD, Deputy Section Registrar, European Court of Human Rights, “The Interlaken Decade for the ECtHR: the Aftermath and the Glimpse into the Future”

24 September 2021

10:00 – 12:00 (Moscow time) / 9:00 – 11:00 (CET) INTERNATIONAL CRIMINAL JUSTICE AS A FIELD FOR REFORMS

• Moderator: Gleb Bogush, Candidate of Legal Sciences (PhD), Associate professor, HSE School of International Law

• Olympia Bekou, Professor of Public International Law, Head of the School of Law, Faculty of Social Sciences, Nottingham University, “The Independent Expert Review of the ICC: What Next for Cooperation?”

• Patricia Hobbs, Senior Lecturer, Brunel University, “Trust within the ICC Cooperation Regime” 

• Richard Clements, Assistant Professor, Tilburg University, “Translating the International Criminal Court and the Politics of Reform”

• Alexander Evseev, Candidate of Legal Sciences (PhD), Associate Professor, HSE School of Court Proceedings and Criminal Law, Ksenia Solovieva, LL.M (Leiden)“Anthropologic Dimension of International Criminal Justice”

12:15 – 14:15 (Moscow time) / 11:15 – 13:15 (CET) SETTLEMENT OF TRADE DISPUTES: REGIONALISM VS MULTILATERALISM

• Moderator: Daria Boklan, Doctor of Legal Sciences, Professor, Head of the Laboratory for the Study of Public Interest Protection under Economic Sanctions, HSE School of International Law

• Marina Trunk-Fedorova, Candidate of Legal Sciences (PhD), Associate professor, Chair of Administrative and Financial law, Saint-Petersburg State University, Associate professor, Chair of Civil Procedure, Ural State Law University, “WTO Dispute Settlement Mechanism: Significance for International Law”

• Vladimir Talanov, Senior Lecturer, HSE School of International Law, Counsel, International trade and customs group, “Egorov, Puginisky, Afanasiev and partners”,“Appeal Absent the Appellate Body: Possible Solutions and Undecided Questions”

• Ilya Lifshits, Doctor of Legal Sciences, Professor, Chair of International Law, Russian Foreign Trade Academy under the Ministry of Economic Development of the Russian Federation, “International Tax Court: Myth or Reality?”

• Pavel Myslivskiy, Candidate of Legal Sciences (PhD), Counsel to a Judge, the Court of the Eurasian Economic Union, Lecturer, Chair of International Law, Russian State University of Justice, “Competition Law of the Eurasian Economic Union in Action”

14:30 – 17:30 (Moscow time) / 13:30 – 16:30 (CET) INVESTMENT DISPUTES: A HARD ROAD AHEAD

• Moderator: Mikhail Galperin, Doctor of Legal Sciences, Professor, Head of the Chair for International Justice, HSE School of International Law

• Alisa Fremuth-Wolf, Secretary General, Vienna International Arbitral Centre, “New Investment Arbitration Rules of the Vienna International Arbitral Centre”

• Baiju Vasani, Partner, Head of International Arbitration Practice at Ivanyan & Partners, Senior Fellow of SOAS, University of London, a Fellow of the Chartered Institute of Arbitrators, ICSID arbitrator, “‘Double Hatting’ in Investment Arbitration”

• Egor Chilikov, Partner at Petrol Chilikov, “Interinfluence between State Responsibility and Responsibility of State-Owned Companies in Investment Disputes”

• Konstantin Ksenofontov, Candidate of Legal Sciences (PhD), Associate Professor, HSE School of International Law, lawyer, International Centre of legal protection,“How a Doctrinal Argument about the Investment Arbitration Nature has Split the World of Investment Dispute Settlement: Three and a Half Years after the ‘Achmea’ Decision”

• Sergey Usoskin, FCIArb, Lawyer, Double Bridge Law, «Uniform Standards and a Dispute Settlement Body: Can They Help to Ensure the Uniformity of Approaches?»

• Andrei Dementiev, Senior Lecturer, Chair of International Law, Russian Peoples’ Friendship University, “One Step Forward, Two Steps Back: Controversial Approaches and Stumbling Blocks When Reforming International Investment Arbitration”

The Conference will be convened in the online format.

 

To register at the conference, please, contact Matvey Tarasov (mtarasov@hse.ru).