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Head of the School of International LawE-mail: firstname.lastname@example.org
Deputy Head of the School of International LawE-mail: email@example.com
Extractivism as the vertebrae of the current global political economy is a concept embracing non-unlimited in scale and scope activities that remove large volumes of resources of any kind, mainly for export. Those resources, both social and natural, are typically situated in the so-called majority world—countries previously identified as ‘developing’—to cover the demand in the ‘minority’ world. In this chapter, we analyze deforestation and connected problems such as unsustainable logging and illegal timber trade issues and corresponding national development policies, laws and regulation with the help of case studies of Brazil, Kyrgyzstan, and Russia. Our analysis shows that, while all the three countries have made some steps to bring their development plans into conformity with climate change fight and realities, many of their measures are either piecemeal or going in the opposite directions, or both. In Brazil, it is local deforestation that causes climate change, both in the country and globally, because of the crucial importance of Amazon rainforest as the Earth’s biggest ‘lungs’. Contrariwise, in Kyrgyzstan it is global climate change that causes irreversible local deforestation problems. As to Russia, due to its size and its considerable forestry area, the country’s contribution to the global biodiversity and clean air is comparable to that of Brazil. However, both legislative mismatch and—especially—flawed real-life practices of combating unsustainable logging and illegal timber trade are also comparable between Brazil and Russia. Therefore, an analytical grid that we apply to relevant Russian regulatory framework, including the conservation and protection of biodiversity, to logging practices and timber exports revealing the actual illegality of timber ‘legally’ imported to the minority world, is also applicable to similar issues in other global timber exporting countries, including Brazil.
Our book has offered a cutting-edge account of the various multilevel institutional, geoeconomic, and socio-legal spaces yielding today’s regionalization in Eurasia. It appears that Eurasian regionalization is a complex idea and real-life process shaping trade, investment, transport routes, sustainability, and, indeed, lives of roughly half of the Northern hemisphere and beyond. The pace of these developments will likely determine the scope of the
future scholarship as the nascent regulatory framework of the Eurasian integration covered in our book will be gradually bolstered and tested in practice.
Recent global trends are producing powerful growth in the digital environment, and its spread is prompting adoption of strict and comprehensive regulation to ensure data protection. This results in a number of difficulties, one of which is lack of consistency between data protection regulation and the regulatory regimes applicable to specific industries and institutions. That inconsistency is particularly evident in the field of international arbitration — one of the most widely used and convenient methods for resolving international disputes. The principles and fundamental concepts that largely define international arbitration, such as autonomy of the parties and confidentiality, have made its use very well accepted and widespread. However, data protection requirements often force the parties that are subject to them to make a difficult choice between the basic principles of international arbitration and the requirements of data protection regulation. This bind has come about because data protection regulation, which generally imposes comprehensive compliance obligations, rarely takes into account the specifics of the industries in which it will be applied. In this article it is analyzing application of the GDPR requirements that pertain to cross-border data transfer from the perspective of international arbitration in order to illustrate difficulties and regulatory gaps that may be encountered by the entities interested in thorough compliance with the applicable regulations.
It is often argued that EU’s economic integration efforts in Eastern Europe through the so-called Europeanization (European Neighbourhood Policy (ENP)) are more advantageous to the EU than partnerships properly so called (EU’s Eastern Partnership (EaP) collaborations). But what about the receiving end of such Europeanization? This chapter looks at the impact of a selected Europeanization effort—the Deep and Comprehensive Free Trade Area (DCFTA) between the EU and Moldova on the development of the latter. There is a clear link between the Europeanization framework, within which the policy of extending EU legislation to the post-Soviet states is actively promoted, and the Association Agreement with Moldova. Our analysis of the implementation of Moldova’s economic integration into the EU market highlights not only positive but also several negative trends of this process. In the shorter term, Moldova’s economic, political and social benefits from the DCFTA are far from sustainable, as they are primarily associated with drastic legislative changes, as well as an increase in the export of raw materials and low-tech goods. In the long term, however, the DCFTA provisions bear the potential for the sustainable development of Moldova. Nevertheless, the effectiveness of their implementation depends primarily on solving systemic problems in the country. Against this background, we then offer an analysis of recent transnational disputes over one of the most crucial elements of Moldova’s sustainable development—electricity. In particular, the so far latest ruling in the Energoalians 20 year-long row is essential both for the resolution of future transnational energy disputes under the Energy Charter Treaty (ECT) and for a better understanding of the EU’s attitude towards Moldova and its further European integration.
Food safety is subject to World Trade Organization (WTO) sanitary and phytosanitary
(SPS) disciplines. Establishing discrimination under WTO food safety provisions
requires comparison not between the products at issue but between the risks at issue.
Therefore food-borne risk is a central element of the food safety regime under the WTO
law. To protect human, animal or plant life or health from such risk, WTO members
have the right to apply SPS measures with certain discretion. This discretion could be
inferred, first, from the fact that food-borne risks may include both territorial conditions
relevant to the risks (environmental or geographical, for instance) and at the
same time, risks found in products. Moreover the analysis may not be limited
exclusively to the present risk; the potential risk should be taken into account as well.
Second, the discretion to apply food safety SPS measures could be inferred from broad
interpretation of the notion of ‘directly related to food safety’, not limited by an
exhaustive list of possible food-borne risks.
Third, WTO members have the right to rely on the precautionary principle as a basis for
application of SPS food safety measures and finally they may set their appropriate level
of protection basing on both quantitative and qualitative aspects.
The chapter reviews the mechanism of foreign direct investment controls as implemented in Russia under the auspices of the Federal Law “On Foreign Investments in Russia” No. 160-FZ and Federal Law No. 57-FZ “On the procedure for making foreign investments in companies which are of strategic importance for ensuring the country’s defence and state security”. The author examines the definition of the foreign investor provided by the laws, analyzes the types of activities deemed of strategic importance for national defence and security and describes the thresholds triggering obligations of obtaining prior clearance of foreign investment transactions. A separate section of the chapter is devoted to the analysis of the procedures for obtaining clearances and the consequences of non-compliance. The paper also addresses other rules of the Russian legislation that restrict foreign direct investment to Russia. In the last section of the chapter, the author summarizes the experience of 10 years of application of foreign direct investment control mechanisms in Russia and poses questions on the possible implications of Russia’s experience for the EU Regulation establishing a framework for the screening of foreign direct investments into the Union.
Working Title: From Corporate Social Responsibility to Corporate Social Liability
Subtitle: A Socio-Legal Study of Corporate Liability in Global Value Chains
Few aspects of today’s world system demand such urgent response as our ability to produce sustainable
food. Yet at the same time as malnutrition plagues the world, overuse of land, water, and energy in the
agricultural and livestock sectors exacerbates environmental degradation and climate change. This
important book, in its focus on the interrelated topics of food, nutrition, animals, health, and
environment, critically analyses whether the current food production chain – as regulated by domestic,
European, and international food law – is sufficient to guarantee a sustainable food supply, respectful of
the right of future generations to adequate nutrition and a healthy environment.
The book’s chapters, written by eminent scholars from a variety of countries and legal backgrounds –
including leading experts at the Food and Agriculture Organization (FAO) – explore such issues and
topics linked to food production as the following:
– concentrated animal feeding operations;
– relation of human well-being and animal welfare;
– manufacturing, trade, and distribution of food products;
– human rights concepts of right to food and right to health;
– the COVID-19 Pandemic and the One Health Approach;
– genetically modified organisms;
– deforestation, habitat destruction and zoonoses;
– food naming and labelling; and
– food risk management.
Throughout there is reference to an abundance of legislation, treaties, conventions, and case law at
domestic, regional, and international levels, with particular attention to European, US, and World
Trade Organization law and the work of the FAO.
The book clearly demonstrates the necessity for reform of the global system of food production in the
direction of a more sustainable and environment-friendly model. In its authoritative discussion of the
relations among fields of law that are rarely discussed together – food law and the environment, food
law and human rights, food law and animal welfare – this collection of chapters will prove a valuable
resource both for officials working in food governance and security and for lawyers and scholars
concerned with environmental management, sustainable
development, and human rights around the world.
Numerous international anti-corruption compliance standards and guidelines have been becoming important sources for designing, implementing, and benchmarking anti-corruption compliance programmes in organizations. How can organizations navigate in the ocean of standards and guidelines? The aims of the chapter are to propose an answer to the above question, identify existing problems in regulation of anti-corruption compliance, and suggest possible solutions.
The three forces that shape the global political economy today are globalization, regionalization, and nationalism. These three forces cannot be assessed in isolation, independently from one another, nor from a perspective of
either law or policy alone. Since the dismantlement of the Soviet Union (USSR), the post-Soviet area became a disputed space where newly created sovereign states, global corporations, foreign interests, old capital and newly-landed oligarchy aligned together either to allow or to resist regional (re)integration. Recent decades have shown advantages and downsides of international trade, a market economy, the developmental rule of law, state ownership of energy companies and general monopoly of the state, and what do those mean for each country in the region. One feature, however, remains intact—undeniable economic and geographical closeness typical for any neighbourliness. The geopolitics and in particular the geoeconomics of the region, existing chains of production and regulatory diversity along with freed market forces have driven most states of the region to look for plural forms of cooperation and exchange while setting apart for a long time (whither forever?) some neighbours.
In an attempt to overcome the current WTO Appellate Body crisis, a number of WTO
Members agreed to participate in the Multi-Party Interim Appeal Arbitration Arrangement
pursuant to Article 25 of the Dispute Settlement Understanding (MPIA). The majority of the
WTO Members have not yet agreed to participate in the MPIA have been attempting to assess
the effectiveness of the MPIA in meeting their interests. This leads to the question as to whether
the MPIA can serve as the temporary solution for the Appellate Body crisis. Is it a practically
effective mechanism for dispute resolution, or is it simply a political declaration by MPIA
participants that they stick to the two-tier dispute settlement system? To respond to these
questions, this article analyses the legal basis of the MPIA and its negotiating history. This
article also addresses the differences between the appeal mechanisms provided for in the MPIA
and the Dispute Settlement Understanding (DSU) and provides a conceptual discussion with
regard to the legal nature of the MPIA. Finally, the article identifies the main advantages and
drawbacks of MPIA. It should be taken into account that the effectiveness of the MPIA will only
be assessed when any of the disputes submitted for consideration under the MPIA rules is
This paper revisits the traditional trade-off between privacy and security, which underpins the compatibility of general and indiscriminate mass surveillance (or bulk interception) with international human rights instruments, and extends the orthodox patterns of legal argumentation using interdisciplinary knowledge, which is able to nurture, and to be translated into, the language of International Human Rights Law. In search of new resources for the overburdened legal concept of privacy, this research combines a positivistic legal perspective with knowledge from sociologically framed surveillance studies, political theory, behavioural economics, and computer science, and deals with the threats and responses thereto from this epistemological standpoint. The first of three threats singled out in the paper—the ‘securitisation’ of the danger of terrorism—is treated through embedding the effectiveness of predictive algorithms to the proportionality test. The second one - a consensus of states to use bulk interception tools is suggested to be dealt with by transposition of issues of fair representation to the standard of review. The third threat, which is the shift of social norms towards the permissibility of being watched, is considered through the lenses of the complementation of an individual reading of privacy as a right and a value by a collective one.
This chapter provides a critical comparative overview of sustainability disciplines in selected international investment agreements (IIAs), including bilateral investment treaties (BITs), with a particular focus on model IIAs and actual BITs concluded between Canada and several African countries. The chapter demonstrates two general tendencies. First, an overwhelming number of BITs between capital-exporting states and African countries contain no express reference to the public and further societal interest of the host state. The same goes for BITs between a developing state and an African country. Second, to date only six BITs between a developed country and an African state (all Sub-Saharan least-developed countries) do refer to the public interest and sustainable development of the host state, and all of them are concluded by Canada.
This article aims at rethinking Conservation of Marine Biodiversity beyond National Boundaries from the perspective of Justice, Property, and the Commons
The Law and Policy of New Eurasian Regionalization: Economic Integration, Trade, and Investment in the Post-Soviet and Greater Eurasian Space makes several unique contributions to the literature. First and foremost, most of the current literature is in either economics or politics, with only a secondary focus on legal and institutional matters. Secondly, and consequently, the book is accessible and relevant to readers both ‘inside’ and ‘outside’ the boundaries of the Eurasian area: not only geographical boundaries, but also legal, geopolitical, geoeconomic, cultural, and, indeed, disciplinary boundaries. Drawing on international, transnational, and comparative legal scholarship, this rich volume offers the insights by a plethora of leading international scholars in economics, institutional theory, area studies, international relations, global political economy, political science, and sociology. The contributors come from four corners of the globe, including Asia, Europe, and North America.
The problem of the psychological impact of a pandemic, quarantine and self-isolation on the state of society
attracts increased attention of specialists (Hua J., Shaw R., 2020; Li S., Wang Y. et all, 2020, Enikolopov
S. et all, 2020; Fedosenko E., 2020). The objective of our work was to find the most common attitudes and
types of responses of Russians to the epidemic COVID-19 taking into account their involvement in social
networks, critical thinking and severity of psychopathological symptoms. The study was carried out during
the recession of the first wave of the pandemic in early June 2020. The main tool was the questionnaire of
T. Nestik in an abridged version. Additionally, a questionnaire of critical thinking was used (CTI, Epstein,
adapted by S. Enikolopov and S. Lebedev, 2004); test of psychopathological symptoms SCL-90-R; social
media engagement questionnaire (Karadag, 2015) was used. The study involved 986 people (56.9% male,
43.1% female) aged 18 to 76 years. Using exploratory factor analysis, 6 types of responses to the epidemic
situation caused by COVID-19 were identified (fans / opponents of the "conspiracy theory"; responsible /
irresponsible, covid-dissidents, covid-optimists, misophobes, anti-vaccinators). The dominant belief among
the respondents is that the emergence of new infectious diseases is a natural process of mutation that occurs
in nature without the participation of people, or the result of someone's mistake. Conspiracy theories were
significantly more common among elderly people and women. Citizens see salvation from the epidemic in
the moral conscience and responsibility of everyone. At the same time, they do not trust both official
information and information from fellow citizens. Representatives of the older generation have higher
confidence in the country's leadership, in the possibilities of medicine and science, and in fellow citizens.
Correlations of non-critical thinking with manifestations of misophobia and fear of new epidemics were
revealed. Depressive subjects were more concerned about the illegal behavior of fellow citizens and
misophobia. Long-term fear of epidemics has been correlated with anxiety. Among those who prefer social
networks to official information (television, radio, print), statistically significantly more are those who not
only do not trust official information about the epidemic situation, but also do not trust their fellow citizens,
attributing to them possible facts of concealing information about the disease because of the fear of being
quarantined. Thus, the COVID-consciousness of Russians demonstrated a combination of rather
The book takes stock of current anti-corruption landscape, examining how global standards, regional features, trade considerations, and other factors shape domestic anti-corruption efforts. The publication also explores some of the most compelling topics that emerged with the internationalization of anti-corruption law and practices: compliance, whistleblower protection, and the interaction of anti-corruption law with key areas of the global legal landscape, notably arbitration, human rights, and international law.
The paper reflects critical analysis with respect to three questions articulated in the call of the ICRC: whether International Humanitarian Law applies to the conduct of cyber operations during armed conflicts, how it applies and whether it is adequate and sufficient. The question of "whether and how" International Humanitarian Law is applicable to cyber operations is usually answered on the basis of the consequentialist and effects-based logic. From this perspective, it seems to be retrograde and incorrect not to affirm the applicability of the International Humanitarian Law provisions to cyber operations resulting in deaths, injury, and destruction of objects. However, should not we think about whether the effects-based logic alone is legitimate itself? Where should we stop deploying the causal link? What is so specific about the cyber that we don’t use the effects-based approach together with the nature of measures like in case of economic coercion? Hence, the author is calling to draw the thresholds and criteria and not to overstretch and, thereby, undermine International Humanitarian Law.
This book presents the very first, interdisciplinarily grounded, comprehensive appraisal of a future “Common European Law on Investment Screening”. Thereby, it provides a foundation for a European administrative law framework for investment screening by setting out viable solutions and evaluating their pros and cons.
Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only three recent examples of controversially discussed company takeovers in Europe. The “elephant in the room” is China and its “Belt and Road Initiative”. The political will in Europe is growing to more actively control investments flowing into the EU. The current regulatory initiatives raise several fundamental, constitutional and regulatory issues. Surprisingly, they have not been addressed in any depth so far. The book takes stock of the current rather fragmented regulatory approaches and combines contributions from leading international academics, practitioners, and policy makers in their respective fields. Due to the volume’s comprehensive approach, it is expected to influence the broader debate on the EU’s upcoming regulation of this matter.
The book is addressed to participants from academia as well as to representatives from government, business, and civil society.
This report is the initial result of the work done in preparation for the situational analysis within the framework of the situation analysis program under the auspices of the Russian Ministry of Foreign Affairs, conducted by the Faculty of World Economy and International Affairs and the Center for Comprehensive European and International Studies of the National Research University Higher School of Economics with the support of the Committee of the State Duma of the Russian Federation on International Affairs, the Council on Foreign and Defense Policy and the Journal Russia in Global Affairs.