Nowadays regulation in the Arctic already exists: both on international and national levels. Moreover, there are various kinds of soft law documents, including corporate strategies. Nevertheless, new climate conditions require new management approaches. Ekaterina Salugina-Sorokovaya, General Director of the International and Comparative Law Research Center, told about this during the session “Women’s Dialogue on Developing the Arctic” at the Eurasian Women’s Forum.
According to her, global changes in the Arctic raise difficult questions about the application of existing legal standards to new conditions. “For example, Article 234 of the United Nations Convention on the Law of the Sea provides coastal States special rights to establish requirements for the protection of the marine environment in ice-covered areas within their exclusive economic zone. It is clear that in the short term those areas may lose that status. The question arises as to whether there will be a need to revise the established rules. This issue could be considered as a topic of discussion,” Ekaterina Salugina-Sorokovaya noted.
The sea-level rise which will lead to shifting coastlines is the next challenge presented by the expert. “Once the change has taken place, how will the maritime spaces be measured: the territorial sea, exclusive economic zone, continental shelf? How to deal with the disappearing islands and the maritime spaces around them? There is a worldwide expert discussion on this topic, particularly in the International Law Commission. However, we should admit that these discussions are far from conclusion,” Ekaterina Salugina-Sorokovaya told.
She also touched upon the issue of developing new rules of conduct. According to her, climate change is not only a threat but also an opportunity. “At the same time, the world community is actively talking about the preservation of the Arctic, it is suggested that almost all activities should be ceased because any human involvement accelerates the processes that the entire world community is trying to slow down,” the General Director of the International and Comparative Law Research Center stressed.
To summarize the above-mentioned, Ekaterina Salugina-Sorokovaya once again drew attention to the relevance of the use of soft law mechanisms: “It seems to me that this mechanism should be actively used, because international norms require a long process for their adoption, and the institutions of soft law could react to the changes very quickly.”
Ekaterina Salugina-Sorokovaya, the ICLRC General Director, took part in the session “The Role of Women in Solving Climate Challenges” at the Eurasian Women’s Forum. She spoke about trends in law related to the new value paradigm in the context of sustainable development.
“In fact, the sustainable development trend is about changing worldview, values, choices that we make every day. As lawyers, we always research regulation and case law," the expert noted. In the speech she highlighted two key trends in the field of law that reflect the change in the value paradigm.
“What is happening in the climate is very interesting, because there is regulation "from above", both at the international level and in certain jurisdictions. But its’s just a framework legislation. At the same time, responsible business unites into communities, under the wing of the UN in particular. For example, such an example is the PRI – principles for responsible investment. And, in fact, they develop rules that actually change the world economy," Ekaterina Salugina-Sorokovaya said.
Ekaterina mentioned another trend related to the case law. “In addition to proactive position of business, young people are even more active. What is going on in the case law? Young people start defending their constitutional rights – right to life and right to the environment. Germany is a good example. The plaintiffs there were climate movement fighters, who were 18-20 years old. They filed a lawsuit with the German Constitutional Court that the adopted law on reducing CO2 emissions ..., and thus the state set insufficiently ambitious goals. They wanted more from the state. They won," the expert explained.
International and Comparative Law Research Center and the St. Petersburg State University signed a Cooperation Agreement.
The Center and St. Petersburg State University together are planning to promote the study of Russian, foreign, and international law, research, professional development, and the formation of a new generation of Russian lawyers, development of libraries, and the creation of new information resources on the law. The Digest of Russian Practice in International Law, the Center’s project being created in cooperation with leading Russian universities and the ICLRC’s experts, will be one of them.
Earlier the Center has already become a partner of the Master's program on the public international law of St. Petersburg State University.
On October 4, Online-discussion Inter-State Complaints in International Human Rights Law will take place.
On October 7, Dr. Elena Cirkovic (Helsinki University) will speak on Earth System Law and Outer Space.
On October 8, In celebration of its 50th-anniversary volume, the Georgia Journal of International and Comparative Law is convening a symposium The 1972 Stockholm Declaration at 50: Reflecting on a Half-Century of International Environmental Law.
On October 8, Tne Lecture Birth of an International Treaty: the 2019 Judgments Convention, will take part.
On 20-22 October, Canadian Council On International Law will open 50th Annual Conference «Getting International Law Back on Track?».
22 October, Thirty Sixth ITF Public Conference: Time Limits in International Investment Law will be provided.
Ekaterina Salugina-Sorokovaya, General Director of the International and Comparative Law Research Center, participated in the session “Sustainability Disclosure: Best Practices from an International Investor Perspective” in the course of ECUMENE 2021 Congress. She noted that in a changing world soft law is becoming a regulatory trend. However, despite the positivity of this trend, a set of problems comes to be already evident.
As Ekaterina Salugina-Sorokovaya pointed out: “The information is collected based on disjointed methods and standards, it is presented in a form of a company choosing, and is verified in compliance with third company technology. As a result, investors do not know whether the company provides its ESG indicators correctly and what information should be trusted.”
She added that new disclosure rules are being developed at different levels, but it lacks a framework in which these rules could be written. "The trend existing in Russia and the world regarding the harmonization of various approaches to the assessment of ESG ratings and non-financial reporting standards is quite right. It is necessary to develop global standards,” the expert noted.
“The implementation of mandatory disclosure of non-financial reporting is unjustified,” shared Elena Borisenko, Deputy Chairwoman of the Management Board of Gazprombank, during the session. From her point of view, that requires business awareness. A certain maturity is required so that the business is ready to talk openly with investors, shareholders, and all market participants not only about its successes but also about its problems.
Michael Jantzi, Chief Executive Officer of Sustainalytics, agreed that nowadays investors and issuers want to get high-quality globally agreed standards. However, the speaker brought out attention to the fact that it is not about harmonization or unification, but about the consistency of standards. He also noted that disclosure can occur in different conditions and at different levels, but the fundamental principle underlying the discussed trend is transparency. "I understand that issuers should feel comfortable, but we still have to disclose information about the good, the bad, and the evil. If you want to have a positive reputation among investors, today it is unacceptable to disclose only good information,” stressed Michael Gentzi.
Alice Chapple, Director, Head of Sustainable Finance Division at the University of Cambridge, addressed other important principles of qualitative information disclosure. According to her, companies should not exist in a vacuum of their own data. They should clearly assess their impact on sustainable development in general and disclose materials related to global reference points and sustainable development goals.
"Today the picture is very dynamic because of changing consumers' behavior, their increasing pressure, and, surely, because of changing rules. So investors need to know more than just what is important for the company now. Disclosure should also be about the future. Undoubtedly, information about current emissions is very important. But it is also important that there is accuracy and transparency for investors on what risks there may be in the future. The data at the moment is part of the bigger picture,” summed up Alice Chapple.
Ecumene 2021 is the first international congress on sustainable development and sustainable investment issues, held in Moscow under the auspices of the United Nations. International and Comparative Law Research Center acted as the co-organizer of the event.
The ICLRC General Director Ekaterina Salugina-Sorokovaya was the moderator of the session “Finance Initiatives of a Sustainable Future: How the UN is Changing the World of Finance” at the ECUMENE congress.
Opening the session, Ekaterina Salugina-Sorokovaya thanked Gazprombank, the General Partner of the congress, for the priceless contribution to the organization of the event, and also expressed gratitude to the UNEP FI for their active participation in the organization of the session.
Speaking about the goals of the ECUMENE Congress, she noted the following. First, the integration of Russian business into the dialogue on sustainable development. Second, the educational goal, because “we, as experts, working with a huge number of organizations and businesses, see that in fact there is no common understanding of what responsible financing is,” the expert explained.
Speaking about the unique expertise of the UNEP FI, Ekaterina Salugina-Sorokovaya noted that in two years almost 250 banks representing 40% of banking assets worldwide have joined the Principles of Responsible Banking.
Watch the full version of the session on the ECUMENE website.
Ecumene 2021 is the first international congress on sustainable development in the financial sector, which is being held with the support of the United Nations in Moscow. The International and Comparative Law Research Center is the co-organizer of the event.
In order to realize innovation decisions, the states use experimental legal regimes (ELR), which allow to test different types of technologies and to improve legislation for their wide implementation and development if they work. The thematic areas of the ELR could be different, in particular, financial technologies, neurotechnologies, artificial intelligence, distributed registry system, Big Data technology, wireless networking, virtual and augmented reality, Internet of things, robotic technology, quantum technology, etc.
This research analyzes 19 jurisdictions, examines existing ELR in the spheres of the financial sector, agriculture, industry, energy, medicine, transport, science and education, public administration.
The purpose of the research is to identify the most successful examples of ELR creation and their features and to analyze the probable problems of ELR realization.
As a rule, neither international nor national regulation imposes environmental requirements on corporate strategies. At the same time, companies declare corporate climate commitment to the Paris Agreement by means of articulating rates of emissions in their corporate strategies. Ekaterina Salugina-Sorokovaya, CEO of the ICLRC think tank, held a presentation on the matter on the Eastern Economic Forum session “Climate Change: Is still a Question of Money?”
She drew attention to the growing demand of society to strengthen control on climate action of states and companies. “This demand brings up the question about how to counteract greenwashing. Case law may offer a pointer in this regard,” said the think tank CEO.
Today plaintiffs increasingly base their claims on fundamental human rights: right to life and right to a healthy environment. They argue that a government has not set appropriate emission reduction goals or failed to comply with the global Paris climate targets. The claims have been filed against EU Member States, Mexico, Canada, and Brazil. Furthermore, there are cases when the plaintiffs bring a similar action against companies with a focus on rights of a younger generation. Also, misleading information from companies’ financial reporting and climate declarations may be subject to litigation.
As a prime example, she presented the unprecedented ruling of The Hague District Court on the class action brought by Friends for Earth International against Royal Dutch Shell.
Watch full presentation here – https://forumvostok.ru/programme/business-programme/.
The Convention on International Interests in Mobile Equipment is designed to provide a unified legal base for a security agreement on international lending. Russian Federation has already ratified the Convention and Aircraft Protocol and is considering the opportunity to participate in MAC Protocol. The regulatory scope of the latter extends to a wide range of equipment representing a significant part of the Russian economy.
The purpose of the research is to consider the advantages and disadvantages of Russia’s accession to MAC Protocol and suggest how to reduce possible risks.
This year we had 34 students from Armenia, Belarus, Russia, Kazakhstan, Kyrgyzstan, Russia, and Uzbekistan.
The leading experts in the field of international law — Anna Joubin-Bret, Catharine Titi, Makane Moïse Mbengue, Sergey Usoskin, Rüdiger Wolfrum, Samuel Wordsworth, and also Roman Kolodkin, Martina Polasek, Evgeniy Zagainov — delivered courses and guest lectures.
We express our deepest gratitude to all the attendees, experts, guests, and partners, thanks to the joint efforts of whom the Summer School on Public International Law 2021 was held.
The Summer School will be held online again because of the continuing unstable epidemiological situation.
This year, the Summer School experts are Rüdiger Wolfrum, Judge (ret.) at the International Tribunal for the Law of the Sea, Anna Joubin-Bret, the Secretary of UNCITRAL, Samuel Wordsworth QC, Catharine Titi, Research Associate Professor at the French National Centre for Scientific Research (CNRS) – CERSA, University Paris II Panthéon-Assas, Sergey Usoskin, Russian advocate focusing on international disputes, Makane Moïse Mbengue, Head of the Department of Public International Law and International Organization at the Faculty of Law of the University of Geneva.
Above that, guest lectures will be delivered by Roman Kolodkin, Judge at the International Tribunal for the Law of the Sea, Martina Polasek, Deputy Secretary-General of the International Centre for Settlement of Investment Disputes, Evgeniy Zagainov, Director of the Legal Department of the Ministry of Foreign Affairs of the Russian Federation, and Anna Joubin-Bret.
In addition to the official part of the program, entertaining events are prepared for the attendees.
We are happy to announce the eighth annual International Law in the XXI Century Award for the best research paper on public international law.
The competition is conducted in accordance with the Regulations of the Competition and the Submission Rules, as well as the established practice.
Papers can be submitted either in Russian or English and should address any public international law issue.
Assessing submitted papers, the Council of the Award takes into account in-depth research in a selected subject, novelty and practical value of findings, the quality of analysis of the applicable law, the usage of up-to-date doctrine, the logic and clarity of writing, and the extent to which thesis statements formulated by an author are well-founded and reasoned.
The Library of the International and Comparative Law Research Center is open and ready to assist contestants by providing access to literature needed for the preparation and submission of their papers (email: prize@iclrc.ru).
Key requirements for the papers and contestants
The papers accepted for participation in the Competition shall be:
Only citizens of the Russian Federation under 35 years old, who completed higher legal education in law and/or hold a postgraduate degree in law, are eligible to take part in the Competition.
Please, note that plagiarism is unacceptable. The Organizer checks the papers for plagiarism, including by using special automated systems. The Council of the Award will be informed about cases of plagiarism and incorrect citation.
The award
The winner receives the International Law in the XXI Century Award, a diploma, and a prize of 300,000 RUB. The winning papers of the previous contests can be found on the Award’s webpage.
The timeline
The paper and other necessary materials must be submitted by March 9, 2022.
The results will be announced no later than June 30, 2022, if not specified otherwise in accordance with the Regulations of the Competition.
She presented an overview of the mechanisms for reducing greenhouse gas emissions in various jurisdictions — the European Union, Canada, Brazil, China, Mexico, and Russia — including emissions trading systems. Also, Ekaterina told about the introduction of cross-border carbon regulation in the EU aimed at preventing the “carbon leakage” effect.
In addition, the ICLRC Deputy General Director, Victoria Manko, answered the questions of the Energy Summer School students regarding foreign experience in the opportunities to use the forest potential of our country for decarbonization, sources of financing and measures to stimulate investment in decarbonization for fuel and energy companies, potential regulatory measures, and also the role of scientific organizations and think tanks in the decarbonization process.
Vaccination is one of the most important tools for combating infectious diseases, including COVID-19. The legal regulation of certain issues related to the development and production of vaccines and the vaccination process exists at the universal, regional, and national levels. In the context of the COVID-19 pandemic, it is crucial to determine whether the existing regulation is effective and identify ways to improve it.
The International and Comparative Law Research Center prepared a research, the purpose of which was to find effective mechanisms for legal regulation of certain issues related to the development and production of vaccines and the vaccination process at the universal, regional, and national levels. It examines international legal regulation at the universal and regional levels, including the law of the Eurasian Economic Union and the European Union, as well as the legislation of seven states: the Russian Federation, Germany, Sweden, the United Kingdom, the United States, China, and India.
Key conclusions
To date, international legal regulation at the universal level does not contain legally binding norms regulating the issues of immunoprophylaxis of infectious diseases, research and development of vaccines. In this regard, in the context of the COVID-19 pandemic, a global public health emergency, the principles of state cooperation, mutual assistance, and solidarity come to the fore.
For example, in the absence of the resources necessary for conducting clinical trials, a large number of States are interested in gaining access to vaccines against new infectious diseases, including COVID-19. In this regard, at the international level, the procedure for mutual recognition of studies to register a vaccine could be simplified with the increase of its transparency.
At the same time, given the shortage of medicines, including vaccines, during the COVID-19 pandemic, some States and regional associations temporarily restricted or banned their export. Despite the fact that, as a general rule, quantitative restrictions are prohibited in international law, there are some exceptions that have been used to introduce them. At the same time, in any case, the introduction of temporary restrictions should result from the urgent need of the situation and has to be carried out in compliance with the proportionality principle. Otherwise, such restrictions may contradict both the UN principles and Sustainable Development Goals and other international legal obligations of States.
From the human rights perspective, the failure of a State to take all reasonable measures to treat infected persons, as well as to ensure that all citizens can receive a vaccine, may lead to a violation of the State’s obligation of due diligence and the exercise of the right to life.
In the context of human rights, the question of the legality of issuing passports or certificates of vaccination against COVID-19 granting the right of free movement also arises. Issuing such documents exclusively to persons who have been vaccinated against COVID-19 may lead to discrimination against those who have not been vaccinated. The granting of different scope of rights to individuals depending on the vaccination should be based on a legitimate goal and a fair balance between protecting the interests of society as a whole and respecting the rights and freedoms of a particular person or group of persons. Compliance with these criteria will prevent violation of the principle of non-discrimination.
In the context of the COVID-19 pandemic, the EAEU law did not have a significant impact on aspects related to the creation, registration, introduction into civil circulation, import, and export of vaccines against COVID-19.
In 2021, the Russian Federation introduced amendments to civil legislation, expanding the competence of the Government to allow the use of an invention, including medicines, without the consent of the patent owner in case of extreme necessity related to the protection of life and health of citizens. The removal of patent protection in an emergency situation is not only consistent with the provisions of international law but also allows ensuring the safety of life and health of the population of other States by providing the opportunity to use technologies for the production of vaccines and other medicines without any obstacles.
The study of national regulation also revealed a tendency to limit the responsibility of the COVID-19 vaccine manufacturers due to insufficient grounds for it.
In general, the legal regulation of vaccination during the COVID-19 pandemic represents a unique experience of applying existing legislation and legislation adopted during the pandemic in the context of a health emergency.
The analysis of the relevant national legal regulation has demonstrated the need for its harmonization by taking into account the experience of other States in the development and introduction of COVID-19 vaccines into civil circulation. Considering that States and large pharmaceutical companies have been making efforts to harmonize the standards for conducting clinical research and developing medicines over the past years, the proposal to adopt a model law could be relevant.
The Library of the Center has received more than 100 books on international public and private law, international commercial arbitration, the legal status of the Arctic, WTO law, cyber technology law, and other subject areas. Some of the literature is written in the French language.
The library now has a rare novelty — “Private International Law. Collection of National Codifications” («Международное частное право. Сборник национальных кодификаций»). The book is a collection of translations of national codifications of private international law of more than 100 jurisdictions into Russian.
The book was kindly donated by its compiler and editor Vadim Plekhanov, Candidate of Legal Sciences, Master of Private Law.
You can get acquainted with the book in the library or purchase it by contacting private.international.law@gmail.com.
On June 25, the International and Comparative Law Research Center conducted the annual International Law Day. Due to the ongoing COVID-19 pandemic, the event was held online.
In her opening speech, the Center’s General Director, Ekaterina Salugina-Sorokovaya, welcomed the audience and participants and spoke about some of the results of the Center’s work over the past year. She noted the Center’s active participation in three UNCITRAL Working Groups as an independent observer and the expansion of partner contacts with a number of universities and expert organizations, among which there are the National Research University Higher School of Economics, the WTO Expertise Center, and Yaroslav-the-Wise Novgorod State University.
Ekaterina Salugina-Sorokovaya spoke about the project “Digest of Russian Practice in International Law”, in which the Center cooperates with universities and expert organizations throughout Russia. She also announced that this year, the Summer School on Public International Law will be held in an online format due to the current epidemiological situation.
After that, Roman Kolodkin, Judge of the International Tribunal for the Law of the Sea and Center’s Advisor on Public International Law, delivered a lecture “Regulatory Proposals of the International Tribunal for the Law of the Sea”, followed by a discussion of the questions asked by the audience.
The second part of the event was dedicated to the seventh annual International Law in the XXI Century Award for the best research paper on public international law. This year, the Council of the Award decided to mark outstanding works rather than choosing the winners.
The authors of the outstanding works were announced by the Chair of the Award, Natalia Sokolova:
The ongoing COVID-19 pandemic has not only become a global health and economic challenge but has also raised the questions of the sufficiency of emergency regulations at the international and national levels and the selection of the most effective response measures. What regulation has been applied to the COVID-19 pandemic at the international, regional, and national levels in various States? How has such legislation evolved in the context of the pandemic? What measures have been introduced to support organizations and citizens as well as to prevent the spread of the virus and mitigate the consequences of the pandemic? The new ICLRC research answers these questions and its results can be used to improve existing regulation, introduce the best approaches and practices for the prevention and response to emergencies, including in the health sector, in the future.
The key conclusions:
On June 18, 2021, the International and Comparative Law Research Center, together with UNCITRAL and the Ministry of Economic Development of the Russian Federation, held the Webinar on COVID-19 Measures Implemented by States.
Representatives of state delegations, international governmental and non-governmental organizations took part in the discussion.
Ekaterina Salugina-Sorokovaya, the ICLRC General Director, welcomed the participants of the webinar and presented several conclusions of the research “COVID-19 — Test for the World’s Legal Systems”.
The main topics of discussion were measures with regard to bankruptcy and insolvency, support for small and medium-sized enterprises, e-commerce, transport and logistics, public procurement, etc.
On June 3, head of Sustainable Development Department Jean-Claude Knebeler will take part in the Saint-Petersburg International Economic Forum 2021 at the panel discussion “2021 is the year of creative economy: how soon before human capital replaces petroleum?”.
Other speakers of this event: First Deputy Chief of Staff of the Presidential Executive Office of the Russian Federation Sergey Kirienko, Permanent Representative of Qatar to the United Nations, Ministry of Foreign Affairs of the State of Qatar H.E. Sheikha Alya bint Ahmed Al Thani, Head of Qatar Museums and Doha Film Institute H.E. Sheikha Al-Mayassa bint Hamad bin Khalifa Al-Thani, Professor of Berlin University of Arts Stefan Klein, General Director of the V–A–C Foundation Teresa Mavica.
For more details, visit the SPIEF website – https://forumspb.com/en/programme/business-programme/91468/?ELEMENT_ID=91468.
On May 25, Head of Sustainable Development Department at the International and Comparative Law Research Center Jean-Claude Knebeler participated in the XII International Forum "Ecology". At the discussion panel “ESG Agenda in Russia: Trends and Nuances”, he discussed the role of Russia in mitigating the environmental impact of human activities, the importance of ESG in increasing the attractiveness of Russian companies, as well as the factor of international integration in the development of the country in a decarbonized world.
Jean-Claude highlighted Russia’s key role in mitigating the environmental impact of humanity on the planet. “As a major supplier of energy and natural resources, Russia has a special responsibility not only to the global community but also its own citizens,” he said.
As for the importance of ESG in increasing the attractiveness of Russian companies, he noted that the companies started to understand “what they need to show to the market, what story to tell investors and what to do in order be credible” and pointed out the need to take the international experience better into account.
Jean-Claude also noted Russia’s need for greater international integration and alignment. According to him, this is the only way Russia can benefit from the transfers of technology, know-how, and financial resources that will be necessary for it to prosper in a decarbonized world.
The participants discussed key trends in the field of climate regulation, future regulatory solutions, as well as various types of potential risks caused by global warming.
On May 27, 2021, the XIV International Scientific and Practical Conference "Martens Readings 2021: International Humanitarian Law and the Challenges of the Pandemic" will be held, co-chaired by the ICLRC expert Bakhtiyar Tuzmukhamedov.
The Martens Readings, named after the world-renown lawyer, Professor of St. Petersburg University F. F. Martens (1845-1909), have been held since 2000, organized by the Russian Association of International Law, the International Committee of the Red Cross, and the Faculty of Law of St. Petersburg University.
Due to the continuing sanitary and epidemiological restrictions, the conference will be held in a mixed (face-to-face and online) format.
Working languages: Russian, English (with simultaneous translation).
For registration and the program follow the link.
Ekaterina Salugina-Sorokovaya became the General Director of the International and Comparative Law Research Center. In this position, she replaced Victoria Manko who will continue to work at the Center as Deputy General Director.
“The Center will proceed working in the field of international law, including maintaining its focus on support for the Russian delegations to international organizations. At the same time, we will expand the Center’s research activities on other law issues that are strategically important for the national jurisdiction,” — Ekaterina said.
Ekaterina Salugina-Sorokovaya took senior positions in the Executive Office of the Government of the Russian Federation, the Ministry of Economic Development, the Ministry of Justice. During her time in the civil service, she participated in the development and implementation of such initiatives as the “regulatory guillotine”, the creation of special administrative districts, the project finance factory, etc.
Members of the Advisory Board of the Summer School on Public International Law and the Council of the International Law in the XXI Century Award Roman Kolodkin (also Advisor on Public International Law at the Center), Leonid Skotnikov, and Bakhtiyar Tuzmukhamedov were awarded the F.F. Martens medal of the Ministry of Foreign Affairs of the Russian Federation.
The International and Comparative Law Research Center congratulates the colleagues and wishes them new professional achievements.
Regulation on the F.F. Martens medal of the Ministry of Foreign Affairs of the Russian Federation is available at https://www.mid.ru/ru/activity/shots/award.
The COVID-19 pandemic has imposed significant changes in the life of the whole society, putting us in the need to urgently find answers to new challenges. In this regard, we have decided to release the report on the Center’s activities which covers 2 years at once: the intensive 2019 and the no less active 2020 marked by innovation and firm determination.
During the pandemic, the ICLRC not only hasn’t slowed down for a day but even increased its work, significantly expanding the range of the issues under study.
Read about this and much more in the latest report on the International and Comparative Law Research Center activities.
The insolvency officer is a central figure in the insolvency (bankruptcy) procedure, the quality of his or her work significantly affects the result of each case. Improving legal regulation in the field of bankruptcy is especially relevant in the current realities when the economy has faced the difficulties caused by the COVID-19 pandemic.
We are glad to present the new research “Appointment of Insolvency Officers in Russia and Foreign Jurisdictions”.
The Library of the Center now displays a book collection of the Russian lawyer and expert in international arbitration Sergey Usoskin. The collection contains books by experts, historians, and journalists on private international law, as well as materials on the history of several international law firms, the evolution of the legal profession in the United States, and the legal system of England.
In 2020, when the COVID-19 pandemic affected almost every area of human relations, including international law, the International and Comparative Law Research Center prepared a series of overviews of publications on topics related to the spread of the virus.
The overviews “COVID-19 and International Law” cover issues related to the responsibility of states, as well as the impact that the pandemic has had on international law, including human rights, trade, investment, humanitarian, maritime law, and the law of the sea, etc.
The fourth issue also includes general conclusions on all overviews of publications prepared by the Center.
The legal regulation of international trade issues takes a special place in the International and Comparative Law Research Center international law agenda.
We are pleased to announce the conclusion of a Memorandum of Cooperation with the WTO Expertise Center, within the framework of which our colleagues will participate in our project “Digest of Russian Practice in International Law”.
Please inform us in advance (no later than two hours before the arrival) about the desired time and duration of the visit by e-mail: library@iclrc.ru or by phone +7 915 328 24 83. Readers are not allowed to enter the Library without a confirmation of the visit received from the Center’s staff.
We ask you to:
Laptops will not be provided in the Library.
We have confirmed our commitment to support and implementation of non-commercial activity, projects and programs, development of international, comparative law and other research in legal industry and other related sciences.
The International and Comparative Law Research Center Head of Sustainable Development Department Jean-Claude Knebeler took part in the expert discussion “Sustainable Development: a Perfect Vision or a Realistic Projection” at the Gaidar Forum.
“Last year was one of the few years when poverty on the planet increased, the degree of food security decreased, even in mature economies. The epidemic of the coronavirus may be evidence that humanity is subjecting our planet a too strong test,” Jean-Claude Knebeler said.
“During the pandemic, the climate received some respite, as industrial production fell, transportation and air traffic volumes decreased, but this is still not enough to reach the targets set by the Paris Agreement,” the expert explained. He believes that without more attention to developing countries, it will be impossible to achieve the Sustainable Development Goals until 2030.
“We cannot move forward until we have a clear perspective in front of us. Today, there is a need to formulate very clear policies to achieve the Sustainable Development Goals, and appropriate indicators that can be measured should be ‘linked’ to them,” Jean-Claude Knebeler insists. In his opinion, the available data is too fragmented, which makes it difficult to assess the effectiveness of activities in this area.
“Good data leads to better policy formulation. The availability of data will allow governments to not only go for the low-hanging fruit but to form a longer-term agenda, necessary to go beyond electoral cycles. In order to achieve the SDGs, governments need to improve policy coherence and institutional consensus, reach out to stakeholders and build trust between government, business, and society,” according to his address.
The Center invites an employee to join the team to work in the following areas:
We are looking for a specialist who has, first of all, the following qualities:
We offer:
The level of remuneration and other conditions are discussed with the successful candidate.
We are waiting for your CV at info@iclrc.ru!
The year 2020 is coming to an end!
It’s been an extraordinary year, full of challenges, new ideas, and bold decisions. Despite various limitations, together with you, we have always moved forward.
Now that the New Year is only a short time away, we wish you all the best in 2021.
May all your wishes come true! See you next year!
The tough year 2020 is coming to an end, and the New Year holidays are ahead! In advance of them, we’ve decided to publish the unique materials of the Summer School on Public International Law 2018 so that you can study them during the holidays.
Read the lectures by Sir Michael Wood, Marcelo Kohen, Tullio Treves, and Bakhtiyar Tuzmukhamedov on https://iclrc.ru/en/summer-school/summer-school-2018 and apply for participation in the Summer School 2021 which will be held on August 2–13!
We are pleased to announce that ICLRC has signed the Cooperation Agreement with the Bishkek Centre of International and Comparative Law, whose main activity is aimed at conducting research on main issues and current events in the field of international law and comparative law!
Together we intend to promote the development and study of various aspects of international and comparative law, including through the implementation of joint educational projects.
We gladly inform that the materials of the workshops “Evidence before International Courts and Tribunals: Distinct Fora, Similar Approaches?” and “Application of International Humanitarian Law and International Human Rights Law in an Armed Conflict” are now available not only in our Library but also on our website!
Yaroslav-the-Wise Novgorod State University and the International and Comparative Law Research Center signed the Memorandum of Cooperation in the Field of Law.
The Memorandum is aimed at coordinating our intentions to join forces to establish partnership relations and develop long-term effective cooperation. Together, we plan to support and implement projects and programs in the field of international law, comparative law, and related fields.
He shared the expert vision on the significance of the sustainable finance in Russia and told the prospects of international cooperation within the ESG agenda.
Materials of the speakers, as well as the video of the conference, are available at https://www.moex.com/e17044.
Victoria Manko, the General Director of the International and Comparative Law Research Center, delivered remarks at a conference on the pressing issues of international arbitration organized by Kutafin Moscow State Law University and the Ministry of Economic Development.
She spoke about the current agenda of the UNCITRAL Working Group III in the context of discussions on the options of the investor-state dispute settlement reform, touching upon separately the initiative of establishing an international investment court. Currently, this reform option proposed by the European Union meets criticism from a number of states.
The International and Comparative Law Research Center provides expertise to Russian delegations to international organizations, including UNCITRAL. The ICLRC has obtained the observer status in three Working Groups of the Commission, including the Working Group III: Investor-State Dispute Settlement Reform.
The Special Courses will be devoted to the pressing topic of International Investment Law. Apply before March 21, 2021, and get an opportunity to meet the leading scholars and practitioners!
For more info, visit https://iclrc.ru/en/summer-school.
The International and Comparative Law Research Center presents the fourth issue of the overview of publications by academics and practitioners, as well as various documents prepared by intergovernmental and non-governmental organizations, on topics related to the spread of COVID-19 and various aspects of international law. It also includes an Annex that provides general conclusions on the four overviews of publications “COVID-19 and International Law” prepared by the Center.
The cooperation between the International and Comparative Law Research Center and the Higher School of Economics Faculty of Law contributes to the study and development of international and comparative law in Russia. The respective agreement was signed by Victoria Manko, General Director of the Center, and Vadim Vinogradov, Dean of the HSE Faculty of Law.
Enhancing cooperation with leading Russian and foreign universities is one of the important activities of the Center. Combining the expertise of the Center and educational institutions opens up new opportunities for the development of legal knowledge, formation and implementation of advanced training practices. It is envisaged that the parties will jointly promote the development and renewal of the humanities in Russia and their integration into the global scientific community.
Special attention within the agreement is paid to issues related to creating favorable conditions for ensuring the possibility of conducting international, comparative, and other research in the field of law.
One of the projects the parties already cooperate in is the portal “Digest of Russian Practice in International Law” launched by the Center.
On October 19-23, the session of the UNCITRAL Working Group IV: Electronic Commerce will be held, and the ICLRC will take part in it as an Observer.
Also, on October 15, the course of lectures on transnational commercial law starts, organized by the University of Vienna and UNCITRAL as part of the celebrations of the CISG 40th anniversary.
The event, organized by the United Nations and the German Federal Foreign Office, will take place on October 9, against the background of the celebration of the United Nations’ 75th Anniversary.
Roman Kolodkin, a Judge of the International Tribunal for the Law of the Sea and the ICLRC Advisor on Public International Law, will partake in the panel discussion of the contribution of international courts to the development of international law.
You will find the program of the Conference here.
The competition is an annual event and is traditionally held under the auspices of the State Duma Committee on Informational Policy, Technologies and Communications. The competition is organized by IP CLUB together with the Coordination Center for TLD .RU/.РФ.
The competition is held in absentia and involves independent writing of an essay on one of the 20 proposed topics.
The winners are awarded valuable prizes from the organizers and partners of the competition, including the International and Comparative Law Research Center.
Apply your essays to the competition until February 1, 2021 (until 21:00 Moscow time)!
The Winter Academy “Beyond the Imaginable Borders: Transformation of Arbitration” will be held by the Russian Institute of Modern Arbitration on January 11–16, 2021.
The Academy will touch upon the most innovative topics and cover the transformation of the well-known concepts of arbitration in the technological era. The schedule is built around general courses coupled with case-studies on validity of arbitration agreements and choice of law.
Apart from theory, the participants will have an opportunity to get hands-on experience during workshops on advocacy, expert evidence & damages with the following application of acquired skills before the distinguished panel of arbitrators during the Moot Court.
The courses will be taught by the eminent Russian and foreign practitioners. All the courses will be held in English.
Deadline for applications: October 4, 2020.
The issues of sustainable development, environmental corporate social responsibility are increasingly reflected in the agenda of international fora and national development strategies. However, the implementation of such strategies and achievement of the indicators set eventually depend on the actions of particular companies.
In this regard, states, as well as international governmental and non-governmental organizations, are actively developing standards on public non-financial reporting, which, depending on jurisdiction, may be mandatory or voluntary. Moreover, the submission of such reports may often be a criterion for obtaining certain benefits or a condition for the listing of securities at the stock exchange.
The International and Comparative Law Research Center in its analytical note analyzes how the four BRICS countries (Brazil, India, China, and the RSA), as well as the USA, the EU, and Germany in particular approach the regulation of public non-financial reporting.
The International and Comparative Law Research Center expresses its gratitude to Marat Abzalov, Daria Bulaeva, Maxim Gubarev, Bharti Lamba, Carlos Noronha, Jose Mauricio Pacheco Jr., and Aleksey Petrenko who took part as experts in this research.
Today, the world is going through unprecedented changes: as a result of the rapid development of digital technologies, various areas of life are currently undergoing a radical transformation. The methods of manufacturing, consumption and distribution of goods and services are being improved at an ever-increasing pace, curbing trade expenses and making economic relations more efficient.
However, the successful development of technology does not automatically herald an advancement of human well-being, a dynamic increase in trade and the achievement of the necessary level of economic growth. It is crucial to learn how to manage the structural changes fuelled by the development of technology. These changes are cross-border in nature and, therefore, demand a response on the inter-state level.
An efficient way for states to manage these structural changes is by entering into agreements with other countries envisaging new approaches to international trade in the setting of a digital economy. Until recently, such arrangements had largely contained fragmented rules of electronic commerce not capable of serving as a model of effective regulation. Yet, the situation has changed dramatically since the introduction of the Digital Economy Partnership Agreement (DEPA), signed by the Republic of Chile, New Zealand and the Republic of Singapore on June 11, 2020. The document encompasses pre-existing best practices and determines the thrust of development.
The International and Comparative Law Research Center in this study examines the DEPA, seen as a cutting edge agreement in the area of digital trade and economy, in order to give momentum to the subsequent evolution of corresponding regulations, including those involving Russia in the context of its membership in the EAEU. While working on this study, we aimed to determine the factors underlying the introduction of the agreement, one of a new generation in this sphere; analyze the modular approach of the DEPA as a special drafting technique fitting its aims; and provide an overview of the rules agreed upon by the Parties.
The International and Comparative Law Research Center expresses its gratitude to Maxim Vorobyev, Ilia Kabanov, Victoria Manko, Aleksey Petrenko, and Anna Sysoeva, who took part as experts in this study.
We are grateful to Sir Michael Wood, Cedric Ryngaert, Alina Miron, Philippa Webb, Manfred Dauster, Roman Kolodkin, Vladimir Tarabrin, and all attendees of the Summer School 2020!
And we are starting to work on the Summer School 2021 and encourage you to apply for participation. Stay tuned and follow us on our website and social networks!
Summer School 2020 in online format is a reality that has required from us to search for new technological solutions.
We are grateful to the Bash.Today team, which is actively expanding the outsourcing development direction, for helping us prepare the online platform and prompt implementing of our bold ideas.
In addition to intensive classes with leading scholars and practitioners in the field of international law, the attendees took part in an online quest and a meeting with Roman Kolodkin on the topic "International Law as a Profession".
Some rest and one more week of the Summer School is ahead of us!
The Summer School classes require working with a large number of publications and documents.
We are extremely grateful to the Partners of ICLRC Library that have provided all attendees with access to their information resources: Brill International Law & Human Rights Journal Collection, Hague Academy Collected Courses Online, Cambridge Law Journals, Kluwer Arbitration, Oxford Public International Law, Oxford Legal Research Library, Oxford Journals Law Collection, Westlaw International, HeinOnline, ICC Digital Library - Dispute Resolution Channel, DigiZeitschriften, Garant — and hold online workshops on how to work with the databases.
In addition, Anna Gorbunova, Specialist of our Information Center, conducted training sessions for the attendees and is always ready to assist them in finding necessary information for their studies.
This year it will be held in a fully remote format, at the tailor-made online platform.
33 attendees from Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, and Russia will partake in the Summer School.
Sir Michael Wood will deliver the General Course on Public International Law, Cedric Ryngaert, Alina Miron, Philippa Webb, Manfred Dauster, and Roman Kolodkin will deliver Special Courses on National Jurisdiction and International Law.
Traditionally, as a part of the Summer School, informal meetings on international law issues and entertainment activities are planned.
The study presents a new methodology for analyzing regional trade agreements in relation to the regulation of non-tariff measures. The authors use the methodology to analyze the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
The International and Comparative Law Research Center presents the third overview of publications by academicians and practitioners, as well as of various documents prepared by intergovernmental and non-governmental organizations, on topics related to the COVID-19 pandemic and its legal consequences.
Relevant publications and documents continue to cover issues related to responsibility of States, international cooperation, international human rights law, international investment law, and the law of the World Trade Organization.
Dear colleagues, the Center gathered information about some interesting events on international law issues that will be held within a fortnight. We are planning to share such digests with you on an ongoing basis:
For the International and Comparative Law Research Center, 2019 was interesting, fruitful, and rich in various events. We would like to share the results of the past year with you, and we’ve prepared the infographic you can find on our website.
In just 3 days, traditionally, on the last Friday of June, International and Comparative Law Research Center holds the International Law Day!
This year it will be arranged online.
Registration is available on the event's webpage.
International and Comparative Law Research Center presents a new overview of publications by academicians and practitioners, as well as of various documents prepared by intergovernmental and non-governmental organizations, on topics related to the COVID-19 pandemic and its legal consequences.
This issue covers publications that were not included in the overview of April 28, 2020, along with new publications that came out between April 28 and May 28, 2020.
International and Comparative Law Research Center prepared an overview of publications by academicians and practitioners, as well as of various documents prepared by intergovernmental and non-governmental organizations, on topics related to the spread of the COVID-19 and various aspects of international law, including state responsibility, human rights, trade, investment, humanitarian, law of the sea and maritime law.
On April 11, 2020, within the framework of St. Petersburg International Legal Forum 9 ½: Rule of Corona, the International and Comparative Law Research Center held the discussion session on the topic “Is it the Epidemic itself or its Outcomes that Make a Force Majeure?”. Enrico del Prato (Professor of Civil Law, The Sapienza University of Rome), Ian K. Lewis (Managing Partner of the Beijing office, Mayer Brown), and Florian Heindler (Assistant Professor in Law, Sigmund Freud University of Vienna) took part in the discussion which was moderated by Anton Ivanov (Academic Supervisor, Faculty of Law, School Head, School of Private Law, National Research University Higher School of Economics). Victoria Manko (General Director of the Center) delivered the welcoming speech.
The materials of the discussion session are available on the Center’s website, in English and Russian.
We are pleased to announce that the access to The ICC Digital Library - Dispute Resolution Channel is now open at the Library of the International and Comparative Law Research Center.
The ICC Dispute Resolution Channel is a fully searchable online library containing a vast collection of Dispute Resolution information including the ICC International Dispute Resolution Bulletin, Supplements to the Bulletin, Dossiers of the ICC Institute of World Business Law, Case Decisions (Awards, Procedural Orders) and a lot of other relevant and related information including ICC Activities and Global developments in Dispute Resolution.
For the duration of restrictions related to COVID-19, we are ready to provide you with the documents you need upon request by email at library@iclrc.ru. Once the normal operation of the Library is restored, access will be available for all visitors.
International and Comparative Law Research Center suspends the work of its Library for an indefinite period as part of a set of measures to prevent the spread of coronavirus, which also includes the transition of the Center's staff to remote work.
At the same time, we plan to organize access to the information resources of the Center's Library on an unprecedented basis for those of our visitors who continue to work on their research projects, graduate and master's theses.
In this regard, upon request by email via library@iclrc.ru we are ready to send you the specific articles you need from electronic foreign legal databases, as well as scanned copies of certain chapters of the books you need, if available in the Library collection.
We are confident that the forced steps to restrict business and other activities aimed at combating COVID-19 will simultaneously open up new opportunities for strengthening the scientific and educational activities of our Library's visitors!
We will inform you on the restoration of normal operation mode additionally.
Take care of yourself and your close ones and stay healthy!
Following the effective interaction started within the workshop on “Application of International Humanitarian Law and International Human Rights Law in an Armed Conflict” held on October 4, 2019, in San Remo, Italy, the Center and the International Institute of Humanitarian Law have agreed to cooperate within the areas of joint research, publications, educational activities, organization of internships, experience sharing, and other areas.
Among others, the ISA’s Council continued the discussion on development of the Regulations on exploitation of mineral resources in the Area. The Center has been providing comments and suggestions to the Draft Regulations on a regular basis since 2018.
Adoption of the Regulations on exploitation of mineral resources in the Area is the ultimate phase in regulating exploration and exploitation of mineral resources – the common heritage of mankind – in areas beyond national jurisdiction.
See more about the ISA and its ongoing work on the development of Regulations at https://www.isa.org.jm/.
The new working hours: Monday, Wednesday and Thursday – from 3 p.m. to 10 p.m., Tuesday – from 1 p.m. to 8 p.m., Sunday – from 12 p.m. to 11 p.m. Friday and Saturday are days off.
We are waiting for you in our Library!
On January 19-25, 2020, Maxim Gubarev, Senior Expert at the International and Comparative Law Research Center, participated in the work of the resumed 38th session of the United Nations Commission on International Trade Law (UNCITRAL) Working Group III, in Vienna. Last year, the Center was granted the observer status at the Working Groups III (Investor-State Dispute Settlement Reform), IV (Electronic Commerce), and VI (Judicial Sale of Ships).
The Working Group III discussed various issues of reforming the system of dispute settlement between investors and States, including:
Earlier, these questions were considered during the practical workshop organized by the Center, with the participation of Diego Gosis, Evgeniya Goriatcheva, Baiju Vasani, Michail Risvas, and Sergey Usoskin.
Following the effective interaction started within the framework of Tashkent Law Spring 2019, the Center and Research institute of Legal policy have agreed to cooperate within the areas of joint research, publications, educational activities, organization of internships, experience sharing, and others.
On December 4-5, expert of the International and Comparative Law Research Center, Egor Fedorov, participated in The 9th Annual Asia-Pacific Deep Sea Mining Summit, which took part in Singapore and brought together professionals from the sphere of deep seabed mining. Egor presented on the topic of Comparative Analysis of National Legislation Regulating Activities in the Area.
The Audiovisual Library of International Law started publication of lectures given by some of the leading Russian scholars and practitioners within the sphere of international law.
The International and Comparative Law Research Center was pleased to assist in the organization of the recording of lectures, in particular, to provide its Library’s facilities. The Center’s contribution was noted in the official materials of the United Nations, the UN Secretary-General expressed gratitude to the Centre in his report.
We often receive questions about internships, practices, and other formats of cooperation with the Center. In this regard, we start calling for:
We invite you to test yourself and get interesting experience in conducting research / preparing events, to bring your vision to our projects!
Send your CV to events@iclrc.ru with the theme “Volunteering”, “Internship”, or “Design”, go through an interview with the representatives of the Center and join our team!
Conditions are discussed individually with each candidate.
We are happy to inform that our colleagues from the Geneva Center for International Dispute Settlement (CIDS) have opened the application for the Geneva LL.M. in International Dispute Settlement (MIDS).
MIDS is a leading program with a distinguished faculty and a talented class aiming at building a successful career as well-rounded lawyers in all four corners of international dispute settlement.
See the brochure for the academic year 2020-2021 at https://www.cids.ch/images/Documents/MIDS-Program/MIDS_Brochure_2020-2021.pdf
