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.
Working Title: From Corporate Social Responsibility to Corporate Social Liability
Subtitle: A Socio-Legal Study of Corporate Liability in Global Value Chains
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.
Liberalism in Russia is one of the most complex, multifaced and, indeed, controversial phenomena in the history of political thought. Values and practices traditionally associated with Western liberalism—such as individual freedom, property rights, or the rule of law—have often emerged ambiguously in the Russian historical experience through different dimensions and combinations. Economic and political liberalism have often appeared disjointed, and liberal projects have been shaped by local circumstances, evolved in response to secular challenges and developed within often rapidly-changing institutional and international settings. This third volume of the Reset DOC “Russia Workshop” collects a selection of the Dimensions and Challenges of Russian Liberalism conference proceedings, providing a broad set of insights into the Russian liberal experience through a dialogue between past and present, and intellectual and empirical contextualization, involving historians, jurists, political scientists and theorists. The first part focuses on the Imperial period, analyzing the political philosophy and peculiarities of pre-revolutionary Russian liberalism, its relations with the rule of law (Pravovoe Gosudarstvo), and its institutionalization within the Constitutional Democratic Party (Kadets). The second part focuses on Soviet times, when liberal undercurrents emerged under the surface of the official Marxist-Leninist ideology. After Stalin’s death, the “thaw intelligentsia” of Soviet dissidents and human rights defenders represented a new liberal dimension in late Soviet history, while the reforms of Gorbachev’s “New Thinking” became a substitute for liberalism in the final decade of the USSR. The third part focuses on the “time of troubles” under the Yeltsin presidency, and assesses the impact of liberal values and ethics, the bureaucratic difficulties in adapting to change, and the paradoxes of liberal reforms during the transition to post-Soviet Russia. Despite Russian liberals having begun to draw lessons from previous failures, their project was severely challenged by the rise of Vladimir Putin. Hence, the fourth part focuses on the 2000s, when the liberal alternative in Russian politics confronted the ascendance of Putin, surviving in parts of Russian culture and in the mindset of technocrats and “system liberals”. Today, however, the Russian liberal project faces the limits of reform cycles of public administration, suffers from a lack of federalist attitude in politics and is externally challenged from an illiberal world order. All this asks us to consider: what is the likelihood of a “reboot” of Russian liberalism?
The Working Paper focuses on possible impacts of related technologies, such as machine learning and autonomous vehicles, on international relations and society. The authors also examine the ethical and legal aspects of the use of AI technologies. The present Working Paper of the Russian International Affairs Council (RIAC) includes analytical materials prepared by experts in the field of artificial intelligence, machine learning and autonomous system, as well as by lawyers and sociologists. The materials presented here are intended to contribute to the public dialogue on issues of artificial intelligence and the possible consequences of using this technology.
This report summarizes the results of a German-Russian dialogue project, which was implemented and designed by inmedio peace consult gGmbh (Berlin) and the Institute for Law and Public Policy, ILPP (Moscow) and funded by the German Federal Foreign Office under the ‘Expanding Cooperation with Civil Society in the Eastern Partnership Countries and Russia’ Programme. Using a mediative dialogue approach, 20 experts from academia, thinks tanks and NGOs as well as journalists and cultural exchange/dialogue practitioners met near Moscow in September 2018 and in Berlin in November to analyse and reflect on the Russian and Western narratives on what went wrong since the end of the Cold War regarding the deterioration of Russian-Western relations.
quarter of a century has passed since the Constitution of the Russian Federation was adopted in 1993, yet the issue of the results and the prospects for constitutional transformation has not disappeared from the political agenda. For some, the Constitution signifies an ultimate break up with the communist past and a legal foundation for the advancement of the Russian society toward democracy and the rule of law; for the others, it is exactly the Constitution that is the culprit for the authoritarian trend that has prevailed, and for the sustained stagnation in Russia’s economic, social and political development. The author of this chapter is in the middle of these extreme viewpoints. He believes that the Constitution has truly played a pivotal role in Russia’s move toward democracy by establishing the basic principles of civil society and the rule of law, and in this respect, it remains of everlasting and paramount importance. Nevertheless, that does not mean that it should be utterly inaccessible for changes, especially given the elapsed time and the negative experience of the authoritarian transformation of the political regime, the amendments that were introduced between2008 and 2014, and the current objectives of the democratic movement. The rationale for changes is to return to the constitutional principles, reaffirm their initial democratic meaning by rejecting the excessive concentration of the Presidential power, the results of counter-reforms and the adulteration through legislative and regulatory compliance practices. Some of the proposed remedies aim to establish a new form of government (Presidential - Parliamentary), which would necessitate Constitutional amendments — adjustments that would regulate the separation of powers and redistribution of authority. Others seek to transform the system without changing the text of the Constitution through legislative reforms, judicial interpretation and the policy of law. Yet, the third approach prioritizes institutional reforms. Not everything in social development depends on the provisions of the law, political improvisation and practice can prove just as critical. In their cumulative entirety such initiatives can help avoid the two extremes: that of constitutional stagnation gravitating toward the bureaucratic asphyxiation, and that of constitutional populism which has a tendency to destabilize the political system. In its practical activities to transform the political regime, the opposition ought to remember the maximum repeatedly confirmed by experience, — the further a party is from power, the more radical tend to be its constitutional proposals. Conversely, empowered groups tend to be more moderate in their initiatives.
In recent decades, the expansion of large-scale international crimes, such as genocide and war crimes, has challenged the well-established criminological idea that the power to punish lies within the nation state. Faced with such heinous crimes, domestic legal systems appeared unable to adequately prosecute the perpetrators and provide reparations for victims, leading to calls for a globalised response to mass violence. The development of the international justice system thus changed the concept of penality as capable of moving beyond domestic jurisdictions. New transnational actors and institutions, including nongovernmental organizations (‘NGOs’), emerged as a substantial part of the new global legal order. Yet, this regime presents a marriage between two rather contradictory approaches to criminal justice: the national one (with vertical relations, headed by a national legislator) and the international one (based on consent between equal sovereign states). This new “hybrid” legal system continues to give rise to a multitude of questions: What is the balance of power between its domestic and international components? What is the nature and paradigm of punishment at the international level? Who is the punishing authority in the global justice and what are the sources of its moral authority? And, ultimately, is such justice truly global?
Given the increasing restrictions and rigorous approval procedures for the exercise of freedom of assembly in various parts of the globe, one-person pickets often remain the only available form of voicing one’s opinion. This is the case of Russia, where citizens use solo protests as an opportunity to join together: they can take turns or stand at a distance from one another, forming a ‘group one-person picket’. These realities pose an interesting question: are such group solo protests characterised as freedom of expression or assembly? Through examining the legal nature of solo protests in the practice of international human rights bodies, this article aims to reveal a deeper understanding of the two freedoms involved and the interplay between them.
These days, the world and every country in it are faced with the task of ensuring food security for people. It’s of current interest also for the BRICS countries. The ability to access genetic information and materials for seed production depends on intellectual property regimes. A lack of access to them is a main barrier for contribution in the development of plant varieties. This situation leads to dependence on obtaining hybrid varieties from foreign companies, which poses a threat to food security. It seems that to ensure freedom of research priorities there is a need to provide an opportunity to commercialize new breeding achievements resulting from such discoveries. Correct policymaking also includes the issue of regulating the situation when a patent and a certi cate of ownership of the new plant variety are issued to di erent persons or companies. Capturing in legislation the breeders’ exception is necessary for the use of the patented invention in the frame of creating, discovering and developing a new plant variety. The biodiversity of seeds is a high stakes matter especially for the developing countries, where there are many challenges for smallholder farmers. The guarantee of the farmers’ right to use the saved seeds on their own farms and to exchange such seeds between themselves may be one of the aspects of food security as it is a base of the traditional agriculture economy in some countries, where smallholder farmers play a signi cant agricultural role. Also the position and scope of farmers’ rights and privileges, based on legislation and, especially, on judicial cases, shows a side of independence on international corporations in the agricultural sector.
This article is devoted to the problem of delimitation and correlation of civil and administrative manners of proceeding. The purpose of the research is to define clear criteria to delimit the civil and administrative legal proceedings to increase the efficiency of civil and administrative legislation regulations when solving disputes connected with the violation of rights, liberties and legitimate interests of an individual. The said is based on the hypothesis that the scope of public-administrative relations is wider than the scope of relations that are governed by the norms of administrative law. Classification problem in the study is considered in the context of defining proceeding manners (administrative or civil). Besides, the cases of courts of general jurisdiction have served as a research base. The author suggests some criteria models for delimiting administrative and civil court proceedings by the legal classification between the parties as well as by the suit character of stated claims. The latter in the future might lead to the formation of new, more accurate methods of applying administrative norms and a reduction in the number of precedents for incorrect proceedings.
Recent trends in artificial intelligence development have led to a proliferation of studies on the ability of artificial intelligence systems generate artistic works. Debate continues about the general benefit of society from artistic and scientific works made by artificial intelligence systems. Questions have been raised about infringement of copyright by artificial intelligence. The present article examines the modern approaches to regulation of artificial intelligence and the role of humans in the creation of artistic work. The main purpose of the research is to prevent unfair use of original works created by human and discuss originality in artistic work generated by artificial intelligence. Overall, these studies highlight the needs for the protection of human copyrights in the event of commercial exploitation by artificial intelligence system and the protection of the general public from mass distribution of artificial pseudo-scientific works.
The analysis is given on the correlation of state power and local government within the public power system of Russian Federation. The authors note that the interaction of relevant elements can be described as a dualistic model, based on a combination of centralization and decentralization principles. It is maintained, that the principle for interaction between state authorities and local government, especially in light of recent constitutinal amendments, should rest in clear delineation of functions and powers, excluding their arbitrary and unreasonable redistribution. It is also noted that for the effective functioning of local government, interaction between central and local authorities is important, based on the support of the latter by the state. State intervention implies the concept of “rational centralization”, which envisages strengthening state role in the implementation of both organizational and functional foundations of local government in strictly limited cases and without violating Art. 12 of the Russian Constitution.
The present article critically assesses the investigations regarding the use of the legal concept of sovereignty in cyberspace. It is intended to consider the practical dilemma of legality of cyber-attacks through the prism of the principle of territorial sovereignty. The methodology employed in the investigation is based on an evaluation of the inter-state and academic debate on whether sovereignty is a concrete rule that can be violated by cyber-attacks or a general principle that is not operational. Then it attempts to develop a theoretical framework to define cyberspace in terms of territorial sovereignty, drawing lines between the debating sides on the normative nature of sovereignty and the theories on territorial sovereignty used in their argumentation. To conclude, the article recognizes the ambiguous nature of sovereign representations in cyberspace. However, it suggests that only a functional approach to state sovereignty would allow for a balanced resolution of the normative practical problems.
A judicial review of the infringement decisions of the competition authority substantially affects the standard of evidence in competition enforcement as well as the structure of cases that the competition authority takes. Enforcement against concerted practice in Russia represents a case-study of interaction between commercial courts of first instance, the Highest Court, the competition authority as enforcer, market participants and the legislator to influence the standards of liability under investigation of concerted practice. We examine the judicial review of infringement decisions on concerted practice and track the evolution of legal definition and sufficiency of evidence in such cases. We show, first, that in Russian enforcement, the ability of the Highest Court to influence the criteria of first instance courts is limited (in contrast to the ability of the first instance court to influence the strategy of enforcement by the competition authority). Second, the increase in the burden of proof motivates the competition authority to refrain from an investigation of concerted practice, in accordance with the prediction of the model of the selection of enforcement target by reputation-maximizing authority.