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 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.
Russia has been experiencing the results of an acute economic crisis since 2012. However, the government has not been explicit in its declarations regarding austerity policies. On the contrary, it tends to represent its measures as "normal" and generally justifies cuts to public expenditure and reduced spending as part of a new understanding of the welfare state and socio-economic relations. Nevertheless, there is a clear connection between the crisis and the introduction of conservative discourse and the "traditional values" concept that targets gender equality both in public and private domains.
The Russian case study is exemplary and didactic. As Russia is new to market economics and has never developed a consistent neoliberal agenda, the shift to conservative ideologies came unexpectedly easily. Gender has become a battleground for the government to fight over social problems and austerity measures. Unlike the EU countries, the Russian government does not hesitate to challenge human rights and gender equality, easily shifting the blame to leftist ideologies – primarily feminism – that are held responsible for family instability and the poor state of demography and health. Using the concept of "traditional values" as a cover for increasing austerity measures, the government relies on short-term strategies. However, this shift to conservative public discourse has not been readily accepted by the Russian population, least of all by women. There is clear resistance from various social groups, including women. This resistance is not just taking the familiar form of public protests (although they have been taking place as well), but rather in the form of withdrawal from public space to minimise dealings with the state, a strategy familiar from the Soviet experience of resistance. Therefore, on the surface, Russian public discourse seems to be dominated by officially promoted ideologies, but this does not mean that society just accepts or even implements those ideologies eagerly.
At the same time, there is a clear tendency to follow supranational austerity measures by cutting public spending, amending social security policies, privatising care, and forcing women to return to the double-burden situation in the Soviet-type social contract by openly attacking feminist ideologies, gender equality, and human rights. In this situation, Russian NGOs, especially those with a human rights and gender-sensitive agenda, need more subtle strategies to deal with public policies, starting at the local government level.
The use of data in society has seen an exponential growth in recent years. Data science, the field of research concerned with understanding and analyzing data, aims to find ways to operationalize data so that it can be beneficially used in society, for example in health applications, urban governance or smart household devices. The legal questions that accompany the rise of new, data-driven technologies however are underexplored. This book is the first volume that seeks to map the legal implications of the emergence of data science. It discusses the possibilities and limitations imposed by the current legal framework, considers whether regulation is needed to respond to problems raised by data science, and which ethical problems occur in relation to the use of data. It also considers the emergence of Data Science and Law as a new legal discipline.
While workers movements have been largely phased out and considered out-dated in most parts of the world during the 1990s, the 21st century has seen a surge in new and unprecedented forms of strikes and workers organisations. The collection of essays in this book, spanning countries across global South and North, provides an account of strikes and working class resistance in the 21st century. Through original case studies, the book looks at the various shades of workers’ movements, analysing different forms of popular organisation as responses to new social and economic conditions, such as restructuring of work and new areas of investment.
The article is devoted to the consideration of the concept of commorientes in French and Russian inheritance law. The commorientes are individuals, entitled to inherit, reciprocally, to each other and considered to have died at the same moment, from the inheritance’s point of view. The commorientes do not inherit reciprocally. The work focuses on how French and Russian law determine the notion of commorientes. Inheritance rules, regarding the commorientes in France and Russian Federation from the beginning of the 19th century are analysed; subsequently, their current versions in force in the French Civil Code and the Russian Federation Civil Code are compared. Particular attention is paid to the issue of the time of the inheritance opening. In the Russian legislation this issue has not been unambiguously resolved for a long time. The article presents the evolution of the Russian and French rules on inheritance after the commorientes. In French law, presumptions of survival have been in effect for many years, allowing to determine the sequence of deaths of people who died as a result of the same event. The article contains the rules of the current legislation in France and in the Russian Federation, as well as suggestions for their improvement.
In various world regions, human rights defenders (HRDs) often become targets for smear campaigns that seek to discredit and marginalize them. Russia’s “foreign agent” law, which brands NGOs as “foreign agents”—a phrase that carries Soviet-era connotations of spies or traitors—is just one example of states’ attempts to cultivate an unfavorable image of rights defenders in society. Yet, despite the global context of such stigmatizing campaigns and their potential to put defenders at further risk, there is little systematic knowledge on public perception of rights defenders and the effects of smear campaigns on social attitudes toward them. This article seeks to address this gap and explores attitudes toward HRDs and human rights organizations in Russia. Drawing on representative public opinion data sets from 2015 and 2016, it demonstrates that the respondents largely lack familiarity with actors in the human rights field.
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 article opens with a brief overview of the provisions of the Treaty on the Eurasian Economic Union (EAEU) establishing the general principles and rules of competition. It further presents a detailed analysis of the main features and characteristics of the EAEU competition law. Among the issues discussed in this article is the direct effect and direct applicability of the general rules of competition, the relation between EAEU and national competition law provisions as well as the division of competence between the Eurasian Economic Commission and national competition authorities. The relevant features and provisions of EAEU competition law, such as the notion of 'coordination of economic activity' are analysed through the prism of the EAEU Court's advisory opinions. The authors also use a comparative approach drawing parallels and underlining the differences with EU law and the case law of the Court of Justice of the European Union (CJEU). Finally, the authors also examine the mechanisms of judicial protection available under EAEU law to economic entities in the field of competition law.
Since its establishment in 2015 the Court of the Eurasian Economic Union (the 'Court') has been largely seen as a mechanism for resolving disputes between governments or for interpreting the law of the Eurasian Economic Union (EAEU) in abstracto via its advisory opinions. As a result, its potential has been largely underutilized by economic entities despite a liberal locus standi and the possibility to challenge the validity of both individual acts (for instance, in the field of EAEU competition law) and regulatory acts of general application adopted by the Eurasian Economic Commission (EEC), including antidumping measures or even technical regulations. This article aims to discuss how the EAEU Court may help private actors to protect their rights and legitimate interests under EAEU law. It examines the different types of actions available to economic entities, the admissibility criteria and the consequences of the Court's judgements. As the analysis of the EAEU Court's case-law shows, the action for failure to act is of particular importance as it may be used by private entities as an indirect mechanism to enhance Member States' compliance with their obligations under EAEU law. Finally, the authors also address the issue of the sources of law that private actors could rely upon.
This article traces the evolution of the debate on the balancing of federal and regional competences in regulating the use of minority languages in Russia’s education system. Taking into account relevant law and judicial practice, as well as developments in center-periphery relations since 2017, the article argues that the federal center has been increasingly depriving Russia’s republics of the ability to self-regulate in the education sphere – particularly over the question as to whether they may require the compulsory study of republican languages (recognized as co-official with Russian) in schools located within their administrative borders. These processes can be located in the context of the centralization of the education system and a corresponding reduction of multilingualism in Russia’s schools. This can, in turn, be seen as part of an underlying drive to promote national unity through uniformity, through the dilution of the country’s linguistic and cultural diversity and a concurrent emphasis on the primacy of the Russian language. The article further argues that the Russian education system’s centralization has been ongoing: while it has intensified since 2017, the trajectory of the jurisprudence shows an earlier movement towards a concern for ‘unity’ that anticipated it.
The assumption that the telecommunications industry has natural monopoly characteristics dominated industrial policy during the twentieth century, supporting the monopolistic structure of telecommunications markets all across the world, and still prevails in many views on the economy of this field. The high level of concentration of telecommunications markets is often considered as a natural way of its development and some claim that this is a necessary condition for innovations in the industry. Meanwhile, the evolution of telecommunications in Russia after the collapse of the Soviet Union has shown quite the opposite. The industry in the country was able to demonstrate a relatively low level of market concentration, at least in some of the areas, to provide a high quality and a large variety of telecommunications services at significantly lower prices, in comparison with western countries, and shows one of the best indicators of network development in the world. While the Russian case poses quandaries for mainstream theories, the phenomenon fits the view of the Austrian school at the market process and exposes the benefits that the competitive order can bring to society.