Between Scylla and Charybdis: Theoretical Reflections on ‘The Protection of Intellectual Property Rights under International Investment Law’ by Klopschinski, Gibson and Ruse-Khan

INTRODUCTION. The relationship between investment protection and intellectual property rights is one of the longstanding issues in international investment law — intellectual property rights have long been recognised as a form of ‘investment’ entitled to protection under bilateral investment treaties and other international investment agreements. The book co-authored by Simon Klopschinski, Christopher Gibson, and Henning Grosse Ruse-Khan, and entitled The Protection of Intellectual Property Rights under International Investment Law [Klopschinski, Gibson,Ruse-Khan 2021] provides a welcome contribution to the debate on the issue by addressing the problem from an informed theoretical standpoint. However, this issue, as correctly pointed out by the authors, is not merely a theoretical one, but rather one with significant consequences in terms of the integration of other concerns and values in investment treaties and arbitral cases, such as intellectual property rights protection.MATERIALS AND METHODS. The materials for the article were the book co-authored by Simon Klopschinski, Christopher Gibson, and Henning Grosse Ruse-Khan, The Protection of Intellectual Property Rights under International Investment Law (2021), in light of the relevant academic literature in the field of international investment law and IP. The methodological basis of the research consists of general scientific and special methods.RESEARCH RESULTS. Without doubt, this book is a comprehensive and stimulating study by the experts in both fields that will deepen understanding of the relationship between IP and investment. The authors masterfully bring together discourses that are taking place between scholars and practitioners in each regime, but frequently in relative isolation from each other.DISCUSSION AND CONCLUSIONS. With regard to the subject-matter, it is clear that no matter how specialised the fields of international law already are, and will increasingly become in the future, they maintain common roots and traits. Once this path of mutual exchange is taken, many positive cross-fertilisation effects can be expected in the future. The greatest part of the book consists of an analysis of shared procedural and substantive norms. Klopschinski, Gibson and Ruse-Khan focus on how substantive provisions are articulated across the two legal regimes and identifies commonalities and differences in framing and in how they are interpreted in dispute settlement

Neuron-glial Interactions

Although lagging behind classical computational neuroscience, theoretical and computational approaches are beginning to emerge to characterize different aspects of neuron-glial interactions. This chapter aims to provide essential knowledge on neuron-glial interactions in the mammalian brain, leveraging on computational studies that focus on structure (anatomy) and function (physiology) of such interactions in the healthy brain. Although our understanding of the need of neuron-glial interactions in the brain is still at its infancy, being mostly based on predictions that await for experimental validation, simple general modeling arguments borrowed from control theory are introduced to support the importance of including such interactions in traditional neuron-based modeling paradigms.Junior Leader Fellowship Program by “la Caixa” Banking Foundation (LCF/BQ/LI18/11630006

Neuron-Glial Interactions

Although lagging behind classical computational neuroscience, theoretical and computational approaches are beginning to emerge to characterize different aspects of neuron-glial interactions. This chapter aims to provide essential knowledge on neuron-glial interactions in the mammalian brain, leveraging on computational studies that focus on structure (anatomy) and function (physiology) of such interactions in the healthy brain. Although our understanding of the need of neuron-glial interactions in the brain is still at its infancy, being mostly based on predictions that await for experimental validation, simple general modeling arguments borrowed from control theory are introduced to support the importance of including such interactions in traditional neuron-based modeling paradigms.Comment: 43 pages, 2 figures, 1 table. Accepted for publication in the "Encyclopedia of Computational Neuroscience," D. Jaeger and R. Jung eds., Springer-Verlag New York, 2020 (2nd edition

Keeping international law international, a reflection on Anthea Roberts’ “is international law international?”

INTRODUCTION. Occasionally a book appears which has a significant impact on the scholarly community. A fine example of this is the work considered here by the Australian international lawyer, Anthea Roberts. Until very recently, comparative studies on international law were rare. However, as international law further develops and widens, so special attention will need to be paid to ensure that international law students are, to a greater extent, taught the same material and in the same way. As municipal systems of law became more mature, so doctrine and jurisprudence began to diverge. International law has now entered such a phase in its development and, in this excellent book, Dr. Roberts asks a series of very important questions: exactly what is taking place, what are the factors that are driving these processes, is such to be welcomed, is it unstoppable and where do we go from here?MATERIALS AND METHODS. The article reflects on Anthea Roberts’ book “Is International Law International?” (Oxford, Oxford University Press, 2017). The authors of the article consider the contribution of the monograph to legal science, particularly with its interest in a revived Comparative International Law.RESEARCH RESULTS. The view of the authors of the article is that Anthea Roberts’ book is a work of profound significance, which will, hopefully, inspire additional research in the field of Comparative International Law in years to come.DISCUSSION AND CONCLUSIONS. Comparative International Law is a relatively neglected field in International Law. Without question, the international legal academy (from the elite law schools of the permanent members of the United Nations Security Council) emphasises different things both in its scholarly writings and pedagogy. This needs to be given greater attention, even if, at least for now, it cannot be entirely arrested; so that the much-feared fragmentation of international law into not only separate fields and standards, but also in terms of agreeing on its content and application, is minimised

NEW APPROACHES TO THE BALANCE BETWEEN INVESTOR PROTECTION AND THE RIGHT TO REGULATE WITHIN MEGA‑REGIONAL AGREEMENTS

INTRODUCTION. In 2015 UNCTAD elaborated a roadmap for international investment agreements reform, aimed at bringing the terms of such agreements in line with modern sustainable development imperatives. For a long time the question of the balance between investor protection in the territory of the host state and the right of this state to regulate within international investment and trade agreements has caused controversy among international law scholars. In particular, very often international agreements endow foreign investors with greater rights thereby limiting sovereign rights of the host state. The present article provides a comparative analysis of the investment protection and promotion provisions under the Comprehensive Economic and Trade Agreement (CETA) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP or TPP-11). Also, for the first time among Russian scholars, the authors give an analysis of the changes that occurred during the signature of the CPTPP Agreement on March 8, 2018 after the US withdrawal at the beginning of 2017. MATERIALS AND METHODS. The research in the article is based on the provisions of the CPTPP and CETA that regulate foreign investments as well as the works of Russian and foreign international investment law scholars. It is necessary to mention the significant role of the World Investment Reports, published by UNCTAD in 2016 and 2017, in making a comparison of provisions dedicated to investment protection and the right to regulate, contained in different international investment agreements and bilateral investment treaties. RESEARCH RESULTS. In-depth analysis of CPTPP and CETA provisions that regulate foreign investments showed that these agreements contain unique and innovative provisions that could rarely be found in contemporary international investment agreements. These provisions not only clarify the foreign investor rights when carrying out activities on the territory of the host state, giving more detailed description of the states obligations and the guarantees provided, but also specify rules for the investorstate disputes settlement. DISCUSSION AND CONCLUSIONS. Both megaregional agreements, analyzed in the present article, contain extensive chapters devoted to achievement of maximum transparency in dispute settlement, while CETA introduces its own Investment Court System which includes a permanent appellate body. At the same time, the CPTPP Agreement for the first time, compared with already existent investment agreements, carves out a specific product – tobacco – from protection when settling investor-state disputes. Although neither CETA, nor CPTPP have yet been ratified by the parties, it is important to consider how these provisions on investment regulation would shape future international investment agreements and bilateral investment treaties

INTERNATIONAL INVESTMENT LAW WITHIN THE SYSTEM OF INTERNATIONAL LAW

INTRODUCTION. This article is aimed at reducing the gap between Russian and Western schools of international investment law, and offers an opportunity to gain adequate understanding of the proper place of international investment law within the system of international law. So far there has been no recognised attempt to complete a research which would analyse both approaches in order to make a comparison between conceptual discrepancies of the two doctrines first-hand based on an analytical product.MATERIALS AND METHODS. The authors undertake to research and analyse the most recent academic literature. As a result, this article includes references to both Russian and Western works in the field of international investment law published over the past ten years. However, there are occasional references to the classic academic contributions which have certainly proven their lifetime doctrinal value. As for the methodology, the authors opt to employ popular scientific research methods (including dialectics, analysis and synthesis, deduction and induction, comparative legal and historical analysis).RESEARCH RESULTS. As a result of the conducted research the authors offer a comprehensive overview of the doctrinal positions of Russian and Westerns academics which can be found in Russian and Western academic law literature. The authors summarise approaches and make conclusions about similarities and discrepancies between Russian and Western doctrines of international investment law.Discussion and conclusions. In this article the authors underscore a critical distinction in the interpretation of international investment law as a field of private international law (advocated by Russian doctrine) and as a field of international law (supported by Western doctrine). The article reveals the challenge in finding a proper definition for international investment law as a standalone law concept. Based on the findings the authors make an attempt to put forward a compromising approach to the place of international investment law within international law

Approaches to Compensation under Different Causes of Action in the International Investment Arbitration

The article addresses the issue of the principal causes of action in the international investment arbitration. The first part gives analysis of the expropriation at the present stage. The second part is devoted to the breaches of international law unrelated to expropriation. Breach of contract and concurrent breach of contract and treaty are analyzed in the third and fourth parts of the article

Brexit and its Implications for the UK International Investment and Trade Agreements

The paper discusses the legal implications of the 2016 decision to withdraw Britain from the European Union. The authors explore the international legal aspects of the procedures of a British exit from the EU. In this regard the authors analyze article 50 of the 2007 Lisbon Treaty. Special attention is paid to the study of the legal implications of the UK investment and trade agreements. In particular, the authors go into detail about the future of intra and extra-EU BITs as well as UK trade agreements. The paper also contains some points of the Plan for Britain set out by Prime Minister Theresa May, which include the top priorities that the UK government will use to negotiate Brexit. In conclusion, the authors predict the most probable scenarios for the “post-brexit” relations between the UK and the EU. Possible negociation outcomes are as follows. The UK could remain part of the European Economic Area and have a relationship with the EU like Norway, Iceland and Lichtenstein. The UK could seek to negotiate a comprehensive free trade agreement with the EU as Canada and South Korea have done. The purest form of “out” requiring no formal connections or negotiated agreement is WTO-only relationship

Institutionalization of the UN Police Peacekeeping

Article studies the strategic frame, organizational and operational aspects of UN peacekeeping missions police components activities to ensure sustaining peace.It is noted that at present the UN Police actively participates in UN peace operations acting as an integrated solution of issues of peace and security. Consideration is also given to the growing importance of the UN Police to international peace and security and the increased attention given to policing by the Security Council and the Secretary General.The UN police now engage in United Nations peace operations across the entire peace and security spectrum, from conflict prevention to peacekeeping and peacebuilding. Serving in the frame of UN interim administrations the UN Police acquired a unique experience of law enforcement and international cooperation on combating crime.It underscores the most recent global developments, including advances made in the Strategic Guidance Framework for International Police Peacekeeping, to ensure coherence of effort and refine strategic police generation platforms.From the viewpoint of the structural and functional approach, the UN Police as a peacekeeping actor has not only specific functions and tasks, but also the potential, organizational structure, trained personnel needed to perform a wide range of tasks both at the stage of conflict prevention and post-conflict peacebuilding.The legal and organizational issues of UN Police involvement in peacekeeping activities are almost resolved. At present the UN Police component as an institutional subsystem represents an organizational structure that unites international policemen from various member states, which acts as a collective actor in UN peacekeeping