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.
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.
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.
Working Title: From Corporate Social Responsibility to Corporate Social Liability
Subtitle: A Socio-Legal Study of Corporate Liability in Global Value Chains
The emergence and use of advanced technologies in today’s commerce has gradually grown into habitual practice, and the introduction of more modern weapons including UAVs to military operations is hardly a new challenge in the history of armed conflicts. The interim research results concerning attitudes to drone usage have highlighted a number of contradictions in national and international law and policies and revealed a certain inconsistency in the respondents’ attitudes partially caused by the different width of Overton windows devoted to drone expansion in the two countries, as well as by the use of the socio-cognitive tools currently changing the national attitudes and value systems as part of the national mentalities. The research has highlighted a number of contradictions that proved to be more profession-specific, age and gender-specific.
This fifty-eighth volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the ICTR in the years 2013-2014. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions.
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 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.
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.
The proposed ‘Overview’ is a practical tool that should simplify the use of existing standards and guidelines for designing, implementing and evaluating anti-corruption compliance programmes. The Overview considers the principles, standards and recommendations from major international organizations and bodies, including UNODC, World Bank, OECD, ICC, ISO.
Besides of standards and guidelines on anti-corruption compliance, relevant provisions from the Financial Action Task Force’s (FATF’s) anti-money laundering/countering financing of terrorism standards and guidelines on identification of third parties, beneficial owners, politically exposed persons (PEPs), risk assessment, and suspicious transactions were taken into account.
The digital economy is gradually gaining traction through a variety of recent technological developments, including the introduction of the Internet of things, artificial intelligence and markets for data. This innovative book contains contributions from leading competition law scholars who map out and investigate the anti-competitive effects that are developing in the digital economy.
The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.
The monograph will cover topics on Internet governance and human rights in international law, evolution of the national human rights law in context of the information society and development of the Internet, the right of access to information as a fundamental constitutional right in information society, E-government as a guarantee of the constitutional rights and freedoms, and international experience of Internet use in implementation of constitutional rights. Special part will consider issues of realization of specific constitutional rights and freedoms.
In this monograph, readers will understand the regulatory framework of the Internet, be able to find legal problems in the implementation of constitutional rights and freedoms on the Internet, and learn how to use online sources to justify its position on the issue under consideration.
Over the past decade, rapid integration of new computer systems and information technology takes place both in the State's and public authorities' activities, and in various social spheres. As of today, development and implementation of high technology and informatization process in various areas of social activities lead to drastic increase in the living standards of population. The healthcare sector is not an exception in this regard. Due to this, application of high technologies in medical activity including provision of medical care using telemedicine becomes particularly apparent. It is worth noting that European countries have a wealth of experience in using telemedicine, while Russia is still at the initial stage of creation and implementation of such information technologies in healthcare. Russian laws and regulations governing organization of telemedicine are still at the phase of discussion and approval. The purpose of this article is to consider problematic issues related to legal regulation of telemedicine both in foreign countries and in Russia, as well as to conclude whether solutions applied abroad to overcome legal gaps in telemedicine can be applied in Russia.
As a tribute to their academic teacher and to further his interests, the students of Prof. Dr. Laurent Waelkens collected fifteen scholarly contributions on ius commune graeco-romanum, written by academics from eleven different countries, mainly but not exclusively from Eastern Europe. The book consists of three main parts. In the first part, four authors focus on the Graeco-Roman law in the Roman Empire itself. In the second part, five contributions concern the influence of Graeco-Roman law outside of the Byzantine Empire. The six contributions of the third and final part study the impact of the Western ius commune tradition on Eastern European countries. Thus, the volume highlights the continued importance of the study of Roman law for the understanding of our common pan-European legal heritage.
The book analyses the position of the ECtHR which has been more and more confronted with criticism coming from the national sphere, including the judiciary. This culminated in constitutional court judgments declaring a particular ECtHR judgment non-executable, for reasons of constitutional law. Existing scholarship does not differentiate enough between cases of mere political unwillingness to execute an ECtHR judgment and cases where execution is blocked for legal reasons (mainly of constitutional law nature). At the same time, the discussion under EU law on national/constitutional identity limiting the reach of the former has been only loosely linked with the ECHR context. This book presents a new dogmatic concept - 'principled resistance' - to analyse such cases. Taking up examples from the national level, it strives to find out whether the legal reasoning behind 'principled resistance' shows enough commonalities in order to qualify such incidents as expression of a 'new paradigm'.
This book is the result of the 5th edition of the Seminar on International and Comparative Labour Law, organized, under my direction, by Ca’ Foscari University of Venice and the International Society for Labour and Social Security Law in Venice (7-11 May 2018). The Seminar was entirely dedicated to the topic “The Role of the State and Industrial Relations” and during the Young Scholars Session organized at the conclusion of the Seminar, chaired by Prof. Stefano Bellomo, several young Phd Students and Research Fellows, which actively participated to the call for paper launched by the ISLSSL, came from all over the world to discuss about the industrial relations system and about the role of the State, adopting different perspectives: national, European and supranational.
A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political and philosophical. The aim is to identify how Russian interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia's interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law thrugh the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia's behaviour in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, pholosophy, or general graduate students, lawyers, think tanks, government departments, and specialised Russian studies programmes will find this book helpful.
The paper aims to contribute to the discussion on “productive, unproductive, and destructive” entrepreneurship started by William Baumol. It supports the position that all three categories in Baumol's typology are important to understand how institutions affect entrepreneurship but advocates for an alternative approach to distinguish among them. While the traditional demarcation is often based on the net effect on productivity, the proposed approach focuses on the public choice reasoning that not only distinguishes between “rent-seeking” and “profit-seeking,” but also emphasizes that rent-seeking should not be considered a pure transfer. Rent-seeking not only affects regulatory decisions, it also generates activities in the sphere that is traditionally perceived in the productive side. It is important to take this sphere into account when welfare implications of regulatory initiatives are discussed and when policymakers aim to stimulate “productive” entrepreneurship.
Currently, there are some difficulties in implementing the mechanism for resolving trade disputes established by the WTO rules. These are: the open question of the the Appellate Body functioning and the search for its alternative forms, failure to comply with the stipulated procedural deadlines; the need to prove a significant trade interest in the absence of a mechanism for evaluating it, which may lead to unjustified refusals to participate in the consideration of a trade dispute as a third party, etc. These problems determine the need not only to acquire practical skills in applying the rules and regulations of the WTO, but also for the theoretical understanding of the mechanism for implementing its trade interests protection. For Russia, it is important to participate not only as a plaintiff and defendant but as a third party of a trade dispute to gain experience and to form a staff capable to represent the state in the negotiation process and at the stage of consideration of cases in DSB. Using comparative legal and formal-legal methods, there is attempt to analyze the experience of possible effektive use of the dispute resolution mechanism, guided by the rules and regulations established by the WTO. Attention is drawn to the fact that Russia pays the most attention to disputes concerning the European Union, China and the United States of America. The autors categorize disputes in which Russia participates as a third party. There is speculation about the need to reform the mechanism for resolving trade disputes in the WTO due to the expansion of third-party rights (e.g., to allow a third party to obtain upon request information and documents, to secure entitlement to a presence at major meetings treteiskii group (not just the first), perhaps without the right to comment on the interim report of the arbitration panel) making appropriate amendments to article 10 of the Agreement. It can also be recommended to include a third party in the trade dispute and at the stage of appeal procedures for understanding whether there is a significant trade interest in the country.
What does it mean to call something fascist, and what consequences does such righteous denouncement engender?
Given the inherently international nature of the aviation industry, its technical complexity and the myriad of stakeholders variously involved in the process, magnetic susceptibility to economic fluctuations with widest-reaching impacts, aviation related disputes inevitably arise at various levels. With the booming development of the industry, the use of arbitration for the resolution of aviation-related disputes has increased significantly over the past years. Today, arbitration clauses are almost omnipresent in commercial contracts entered among airlines, manufacturers, suppliers and other stakeholders. With COVID-19 pandemic restrictions on movement and travel bans, resulting in a sharp drop in air traffic with an overall reduction of air passengers and cargo up to almost 70 % in 2020 and 2021, air transport industry is one the most significantly impacted sectors. As such, there will be a growing number of disputes, a subset of which will be referred to arbitration. Similarly, in the People’s Republic of China (“China”), arbitration has experienced a major increase over the past decades. Putting COVID-19 to one side, Chinese air transport industry, the world’s second-ranked aviation power in terms of total civil air cargo turnover, has grown exponentially in recent years. As the aviation market has expanded in China, the number of aviation-related disputes involving Chinese entities has likewise increased significantly, making the demand in China for a specialized institution to resolve aviation-related disputes particularly pressing. For brevity and clarity, this note will discuss the conundrum of an ad hoc arbitration of aviation disputes in mainland China and will further introduce the initiative of a specialized arbitral institution in the aviation sector – the SHIACA.
This article discusses constitutional (statutory) electronic justice in the constituent entities of the Russian Federation as a method of organizing judicial activity based on information technologies, which aims to ensure the operation, mainly, of the principles of publicity and openness, transparency, and accessibility of information from constitutional (statutory) legal procedures as a variety of the latter in the Russian Federation. In the methodological of use the technique of documentary observation. Indeed, electronic (statutory)constitutional justice in the constituent entities of the Russian Federation has a multifaceted nature and characteristic, as it can be considered in several contexts, including the attribution to the group of additional constitutional guarantees of human and civil rights. It is concluded that electronic constitutional justice brings spaces of justice closer to individuals and communities, making it easier to exercise their rights and duties.
The paper confirms a conclusion that there is no unified approach to the issue of civil liability for the actions of artificial intelligence. The authors propose to consider fault-based liability, liability regardless of fault and liability founded on a risk-based approach. To determine a type of liability for the actions of AI, the authors outline a classification of AI technologies on four grounds: autonomy, self-learning, feature and availability of data recorders. According to the authors, the most promising approach to the legal regulation of liability for the functioning of artificial intelligence technologies is a risk-based approach. The conclusions presented in the paper testify to the relevance of the topic of the research and prove the beginning of the formation of a scientific understanding of civil liability for the actions of AI in Russia and abroad.
This study describes and analyses the recently adopted foreign investment law (i.e., the Law). This paper presents reasons for the adoption of the Law. For example, this study focuses on the trade war between the United States and China, which has greatly affected the adoption of the Law. The political background that influenced the adoption of the law is revealed. Of note, legal techniques used by the Chinese legislators in the Law are evaluated. For example, a list system for investment sectors is used, which divides all industries into categories with a special regime. This system divides all industries into four categories: (1) encouraged, (2) permitted, (3) restricted, and (4) prohibited. In conclusion, this study emphasizes that changes achieved by the Law are not revolutionary. Some of the consequences that the adoption of the law entails is analyzed. Thus, the Law represents a gradual evolution in how foreign investors access the Chinese economy.
The purpose of this study is to conduct a comprehensive analysis of the legislation regulating social relations that develop in the process of forming a jury panel when considering criminal cases by a court with the participation of jurors. The relevance of the research topic is determined by the expansion of the competence of jurors from June 1, 2018. Currently, one of the main reasons for the cancellation of court verdicts rendered with the participation of a jury is violations committed during the formation of a jury panel (Avdeeva, Aksenov, 2019: 13-18). In this regard, the authors highlight the main procedural and organizational shortcomings of this process and formulate relevant proposals: a) to improve the legislation regulating the procedure for forming a jury; b) drawing up General and reserve lists based on information included in the Unified Federal information register; c) video recording of the process [screen broadcasting] of a random sample of citizens from the General and reserve lists by a court staff member when forming a preliminary list of jurors; d) on the establishment of the right of citizens to delay the obligation to appear in court as a candidate for jurors at a later date; e) on the application of new forms of sending invitations to appear in court for potential jurors.
Nowadays the growth of courts’ caseload is usual for most jurisdictions. However, post-socialist countries have extremely high rates of caseload. Authors prove that main reason of such caseload is more ineffectiveness of legal system and court organization as well as unjustified access to justice. This article focuses on the indisputable and small cases in Russian courts. The court system is overloaded as a result of necessity to engage in non-targeted activities. Thus, the judicial system is largely idle to the detriment of its primary purpose.