3 Bolshoy Trekhsvyatitelsky Pereulok
The author presents the outcomes of academic research on anti-corruption legal framework in the Russian Federation conducted as a part of comparative study on anti-corruption legal framework in the BRICS countries. Special attention is paid to implementation of anti-corruption compliance in Russian organizations.
The author presents outcomes of academic research on anti-money laundering in Russia conducted as a part of the comparative study on anti-money laundering and anti-corruption in the BRICS countries.
The book is the result of an extensive research conducted by professors of five academic institutions from Brazil, Russia, India, China and South Africa - the BRICS countries. The purpose of this work is to analyze the anti-corruption and anti-money laundering legislation in each of these countries, showing the similarities and differencies in terms of domestic legal frames and the international guidelines.
This article considers the problems and obstacles associated with international recognition of the Artist's Resale Right. After examining economic, legal and social aspects of that right together with the current legal situation within the main countries that have so far rejected it, the authors conclude that there is no significant barrier to introducing it throughout the world.
Working Title: From Corporate Social Responsibility to Corporate Social Liability
Subtitle: A Socio-Legal Study of Corporate Liability in Global Value Chains
As for now, Russia has no particular law that regulates genome editing as such. Nevertheless, there are a number of instruments that can be considered applicable to this technology taking into account that genome editing is one of the gene therapy methods thus falling into the wide range of engineering technics used in medicine, biology and in medical biology (biomedicine) – i.e. spheres that are more or less regulated in Russia either nationally or through supranational treaties or recognition of international standards.
In this paper, three major aspects of the regulation in this field will be described: (1) gene therapy issues within medical and pharmaceutical law; (2) patent issues within general patent law; (3) ethical issues.
Gunnar Wiegand and Evelina Schulz have labelled the European Union (EU)'s trade facilitation efforts in the post-Soviet space as an integration 'in a rough neighbourhood'. With this in consideration, this article looks at the impact of the Deep and Comprehensive Free Trade Area (DCFTA) between the EU and Moldova on the development of the latter in a broader context of the EU's Eastern Partnership (EaP) and European Neighborhood Policy (ENP). There is a clear link between the EaP/ ENP 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. Namely, 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; but 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—namely, electricity. In particular, the so far latest ruling in the Energoallians 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.
This book covers the challenges posed by digitalisation of labour markets in different countries of the world (a number of EU counties, Russia, Belarus, India, Arab countries and China). The authors address such aspects of digitalisation as: (1) the impact of new technologies in the labour market; (2) the impact of new technologies in the employees’ private life; and (3) the impact of new technologies on the labour process.
This article is dedicated to one of the most interesting aspects of International Procedure Law – litigation with the participation of foreign persons. Authors focused on a comparative analysis of Russian, Kazakh and Uzbek legislation concerning the regulation of international procedural relations. Article includes two paragraphs: the first one considers international jurisdiction of Russian arbitrazh courts, Kazakh economic courts and Uzbek economic courts on commercial matters; the second one examines the recognition and enforcement of foreign court decisions in commercial matters on the territory of Russia, Kazakhstan and Uzbekistan. Authors deeply scrutinized a wide range of legal documents including domestic legislation and multilateral international treaties of regional character in order to show the convergences and divergences in Russian, Kazakh and Uzbek procedural law concerning participation of foreign persons in international commercial litigation.
The book contains 19 national reports and a comparative legal analysis of the legal regulations on the procedure of genome editing on the human germline. It is worked out which shared values the different legal systems connect and which differences exist. On this basis, it is examined whether an international regulation of the topic is possible and how it could be designed. In addition, it will be examined to what extent the regulations of other countries can serve as a model for German legislation.
This article provides a critical comparative overview of sustainability disciplines in selected international investment agreements (IIAs), mostly bilateral investment treaties (BITs), with a particular focus on model IIAs and actual BITs concluded between Canada and some African countries. Our analysis 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. Secondly, 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. We noticed, however, a major pitfall in all those BITs. Namely, they are signed in accordance with Canada’s model IIA rather than various African investment codes, which clearly shows the power balance in treaty negotiations. More particularly, neither Canada’s model IIA nor its actual investment agreements with African LDCs contain substantive provisions with concrete reference to labour standards—either national or international. Additionally, in contrast with the ECOWAS investment code, for example, Canada’s model does not include impact assessment provisions and those referring to the precautionary principle, while the ECOWAS code stipulates a clear investors’ duty to protect human rights, including labour rights in compliance with the ILO Declaration on Fundamental Principles and Rights of Work 1998. An overall character of the ECOWAS code is attributable to the sheer needs in improving standards of living of the region. The Canadian model, in contrast, strives to sign IIAs with African countries, and particularly, with LDCs, to protect Canadian foreign investments and define the strictest host state obligations possible, while the obligations of foreign investors are quite lax or simply non-existent. Substantively, this means that Canadian ratio ‘development funding-FDI’ for Africa seems to be providing just enough foreign aid to get a social licence to operate for its investors’ involvement in African mining, while maximally facilitating and protecting such involvement.
It seems to be common knowledge that society has passed through a number of industrial revolutions and that every such “revolution” has its own instruments and its own particular effect on the economy and social relations. The effect is usually multi-dimensional and requires new regulatory approaches, and on every turn of the technological spiral, workers are among the most affected. Therefore, every industrial revolution gives employment law an abrupt spur to change and develop.
As it was at the time of the 3rd Industrial Revolution of 1990-2000, these days recently introduced technological solutions are threatening to dilute the so-called typical employment relation, making it inefficient, and ultimately leading to its demise. The author’s original research behind this paper was based on weighing the possibility of the new technologies being used in human relations concerning work while not leaving workers unprotected.
This paper represents a partial summary of that research. It generally outlines the main advantages and disadvantages of the major new technologies associated with the 4th Industrial Revolution in the context of relations concerning work, and the ways to minimize the disadvantages and consolidate the benefits for the workers. It also contains a short review of the Russian position on the regulatory efforts of the use of new technologies in relations concerning work, as well as an analysis of responses to this of the Russian regulatory authorities, courts and governmental commissions.
This Special Issue raises the following points:
Government-to-Government Dispute Resolution
Investor/Business-to-Government Dispute Resolution
Business-to-Business Dispute Resolution
For a multilateral system to be sustainable, it is important to have several escape clauses which can allow countries
to protect their national security concerns. However, when these escape windows are too wide or ambiguous,
defining their ambit and scope becomes challenging yet crucial to ensure that they are not open to misuse.
The recent Panel Ruling in Russia – Measures Concerning Traffic in Transit is the very first attempt by the
WTO to clarify the scope and ambit of National Security Exception. In this paper, we argue that the Panel
has employed a combination of an objective and a subjective approach to interpret this exception. This hybrid
approach to interpret GATT Article XXI (b) provides a systemic balance between the sovereign rights of the
members to invoke the security exception and their right to free and open trade. But has this Ruling opened
Pandora’s box? In this paper, we address this issue by providing an in-depth analysis of the Panel’s decision.
The actual state of science and technology predetermines changes in the methodology of scientific research and social practices. The paper is dedicated to various aspects of information technology application in legal science and practice:
The author discusses the basic principles of the development of Big Data and the scope of Legal Tech.
Big Data in legal science operates in two main areas:
Therefore, the methodology and philosophy of legal research significantly change. The application of Big Data makes it possible, on the basis of objectively obtained parameters, to build connections and correlations that are independent of the researcher’s commitment to any scientific concept. In other words, the research hypothesis is not built up before the research but is formed only after the interpretation of the obtained interrelations.
The example of the dynamic development of legal institutions reveals the problems associated with the need for an interdisciplinary combination of law and IT-technologies.
Legal science is characterized by the following set of problems:
1) the legal personality of artificial intelligence;
2) data collection and verification;
3) interpretation of the results;
4) the role of traditional tools;
5) “trust” to calculations;
6) the international nature of digitalization;
7) personal data.
Practical problems are associated with:
1) incorporation into the legislation of new principles, terms, definitions, and legal institutions;
2) workflow development;
3) the reliability of electronic documents;
4) the civil status of Big Data.