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.
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?
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.
“Regulatory sandboxes” are regarded as a special mechanism for setting up experimental regulation in the area of digital innovation (especially in financial technologies), creating a special regime for a limited number of participants and for a limited time.Russiahas its own method of experimental regulation, which is not typical but may be helpful for other jurisdictions. There are three approaches to legal experiments (including digital innovations) inRussia. The first approach is accepting special regulation on different issues. There are recent examples of special laws (e.g. Federal Law on the experiment with artificial intelligence technologies inMoscow). An alternative to this option is establishing experimental regulation by an act of the Government if legislation does not prohibit it (e.g. labeling with means of identification). The second approach deals only with Fintech innovations and provides a special mechanism to pilot models of innovative financial technologies. The participants of such a “sandbox” may create a close-to-life model in order to estimate the effects and risks. If the model works fine, the regulation may be amended. The third approach works with creating a universal mechanism of real-life experiments in the sphere of digital innovations based on the special Federal Law and the specific decision of the Government of theRussian Federationor the Bank of Russia in the financial sphere. The author compares the three approaches and their implementation within the framework of Russian legislation and practice and concludes that this experience may be used by developing countries with inflexible regulation, in order to facilitate the development of digital innovations.
Reconsideration of legal phenomena by legal language means is a typical feature of analytical tradition in the legal philosophy, since legal regulations are expressed not only in language, but are inextricably linked with the linguistic content of rules whilst applying them. Language as a form of communication and representation of the world is a holistic and specific phenomenon, that is localized in speech acts that form subject’s intentions and his further actions. It is necessary to count the meaningful use of signs for the reality perception, that form the language. Legal reality and its language forms are inseparable, and thus, we can learn more deeply the essence of legal phenomena by interpreting legal texts and speech acts that illustrate legal intentions and actions. So in the speech acts theory of J.L. Austin introduces the category of commissives, denoting the obligations declared by the intentions of the person (promise, agree, intend, plan, provide, allow, swear, etc.). In legal language speech acts are used with the purposes of execution, prohibition, coercion for maintenance of a social order, therefore legal discourse has performative character. Performative expressions in legal language are characterized by speech stereotypes due to repetitive procedures (for example, procedural actions in criminal proceedings or court hearings). If it is a question of acts of application of the right, from the point of view of their performative form they have declarative character, that is contain instructions and obligations of legal character. The illocutionary function of these proposals is to form a respectful attitude to the established norms, and the perlocutive force is to impose compliance with these norms. The question of the relation of speech acts and actions in a different context was considered by Gilbert Ryle. Ryle’s key thesis is that the workings of consciousness should not be described as a complex of some point operations, but rather should be Speech acts and actions in legal language: conceptual analysis understood in the context of observed human behavior. Consciousness is determined by the actions of the subject, not by the construction of metaphysical entities. As a man thinks, so he acts. If the researcher inspects the scene of the accident, the notary certifies the authenticity of the documents drawn up, and the judge gives arguments for the adoption of a legitimate judicial decision, they do not need the whole set of causality relationships in nature, or an explanation that human behavior is completely determined, that he is not free, because he can not control the mental processes in consciousness. H.L.A. Hart defines the essence of legal statements and their ascription of attributing legal value of a particular performative speech acts. The arguments on the specific features of legal statements in the context of the existing concepts of J.L. Austin, J. Searle, H. Hart and their critics.
This Article seeks to examine the idea of ‘protection’ which was developed in 19th century positivist legal thought in the attempt to expand the imperial interests of European nations during the colonial period. In particular, this Article unfolds how the notion of protectorate was subtly implemented by British rule with the aim to subjugate the Kingdom of Kandy in Sri Lanka in 1815. The British Empire took advantage of the internal disputes existing between the Sinhalese Kandyan aristocrats and the King (originally from South India) for imperial reasons.
COVID -19 pandemic has changed the functioning of all levels of education systems. Schools and universities had to quickly adapt and change their procedures according to conditions created by the epidemic. Long perceived as additional and backup solutions, diff erent distance learning technologies, particularly internet-based, became the main solution for the continuation of education on all levels. Several issues have stood out particularly with this seismic change – one of those is the issue of fi nal examinations in universities. This issue is especially crucial in Russia, where the successful passing of a state final examination, which combines majority of the topics from the study program, is a prerequisite for graduation. This paper aims to analyze and present diff erent strategies which were used for fi nal university examinations in diff erent countries and universities of the world and compare it with the Russian practices.
Internet technology makes digital value transactions between anonymous individuals possible, but leaves unanswered the question of how to resolve disputes between unidentified parties. Blockchain dispute resolution platforms provide a response to this problem. In the social dispute resolution systems for blockchain currently in use, pseudo anonymous jurors can resolve disputes between pseudo anonymous parties. This paper presents Kleros as the most illustrative blockchain dispute resolution platform BDRP. To describe the features of the Kleros dispute resolution platform and the qualification of jurors, this research employs an online dispute resolution survey of both the jurors and stakeholders of the Kleros platform. This study raises important questions about key elements of procedural justice in resolution platforms for blockchain disputes. The research underlines the pros and cons of dispute resolution for crowdsourced blockchain and contributes to the further development of online dispute resolution systems. It tests the wisdom of the crowd as the core attribute of the resolution process in crowdsource disputes. Crowdsource mass dispute resolution, coupled with cooperative jurors and blockchain technology, could ensure greater effectiveness and fairness of the dispute resolution process, especially the adjudication of online small claims disputes.