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  • TLA partners Maria Issaeva and Maria Suchkova give an interview to the Russian Federal Bar Newspaper about Jessup
    16.10.2015

    TLA partners Maria Issaeva and Maria Suchkova gave an interview to Novaya Advokatskaya Gazeta, the official newspaper of the Federal Bar Chamber of Russia, in which they discussed the history of Jessup and its importance for the future of legal profession in Russia.

    The interview can be found here (in Russian). 

    * * *

    The Russian National Championship of the Jessup Competition is organized jointly by the International Law Students Association (ILSA), Threefold Legal Advisors LLC and White & Case LLC.

    In 2015 for the first time, the Russian Rounds of the Jessup Competition took place with the support of the European Society of International Law.

    Teams and judges are currently invited to register for the Competition. 

    Potential judges of the Russian Rounds should fill out the form at this link before 31 December 2015.

    Linked events:

    The Evolutionary Interpretation of Treaties: The UN Charter and the European Convention on Human Rights Facing Modern Challenges, a joint conference by the European Society of International Law, the Higher School of Economics in Moscow, and Jessup Russia.  The call for papers can be found here. Deadline for applications is 1 November 2015.

    Read more about Jessup Russia: 

    M. Issaeva, 12 Years of Russia's in the Jessup Competition: A View From Behind The Curtain (English translation)

    I. Sergeeva, M. Issaeva, Pro Bono in Legal Education in Russia (In Russian)

    All Rise! The Court is In Session // Evening Moscow, 29 January 2015 (in Russian)

     
  • Maria Issaeva will speak at The Gdańsk Round Table On Europe with Russia
    02.10.2015

    The Gdańsk Round Table On Europe with Russia organized by The Centre for Polish-Russian Dialogue and Understanding will be held in Gdańsk on 2-4 October 2015. TLA managing partner Maria Issaeva will comment on the book by Lauri Mälksoo Russian Approaches to International Law.

    This round table is held annually to discuss the perspectives of the relationship between Russia and Europe in the context of selected books published during a given year. This year three books will be discussed: Russian Approaches to International Law by Lauri Mälksoo, The State of Russia: What Comes Next? by Maria Lipman and Nikolay Petrov, and Ukraine: What Went Wrong and How to Fix It by Anders Aslund. Through the prism of these books participants of The Gdansk Round Table will discuss topical questions, such as importance of the universal approach towards the rules of international law, likely and unlikely scenarios for Russia, and implication of the Ukraine’s choices for EU and Russia. Maria Issaeva and Lauri Mälksoo will discuss the Russian Approaches to International Law in the section “International law or lawfare”.

     
  • The Evolutionary Interpretation of Treaties: The UN Charter and the European Convention on Human Rights Facing Modern Challenges - call for papers
    01.10.2015

    The European Society of International Law, the Higher School of Economics in Moscow, and Threefold Legal Advisors LLC announce a joint one-day conference on The Evolutionary Interpretation of Treaties: The UN Charter and the European Convention on Human Rights Facing Modern Challenges. The conference will be held in Moscow on Friday, 5 February 2016. 

    The conference will take place during the Jessup Russia 2016 week (3-7 February 2016).

    In addition to having eminent invited speakers, the organizers issue a call for papers on the following topics:

    UN Charter: New state practice as a challenge to basic principles? Potential topics include self-defence against contemporary threats, including non-state actors, as well as targeted sanctions against individuals within the UN system and their compatibility with international law.
    The ECHR in different times and different places. Potential topics include: the application of the ECHR in armed conflict; the European Court’s dynamic development of human rights which puts it in potential and actual conflict with states; the Court’s achievements and failures in accounting for cultural and political differences in Europe; principles such as subsidiarity and the margin of appreciation; the evolving interpretation of the ECHR in protecting the rights of corporations and other legal persons.

    The proposed papers should focus on aspects regarding the evolutionary interpretation of the respective treaties, and the permissible limits thereof.

    Abstracts should be submitted by 1 November 2015.

    Further information here

     
  • Jessup Russia is inviting volunteers to participate in a short-term not-for-profit public international law project
    27.08.2015

    Russian national administration of the Jessup Competition is inviting volunteers to participate in a short-term not-for-profit public international law project.

    Within the project participants will provide transcripts and/or translations into English of public presentations made by leading representatives of Russian international law doctrine in Russian, and will prepare a brief analysis of the assigned presentations.

    The results of volunteers' work will be used to create a new bilingual information portal on Russian approaches to international law (to be announced later).

    Requirements for participation:

    • minimum three years of higher legal education (two years might be considered in case of participation in an international law moot court competition);
    • fluent Russian / native speaker;
    • understanding of international law; 
    • fluent English (including legal English) for the purposes of translation (this is NOT a mandatory requirement for preparation of transcripts, only for translation)

    This is a skill-based volunteering project. Level of participants who indicate proficiency in English in their applciation will be assessed based on a test.

    On completion of the agreed amount of work volunteers will be provided with recommendation letters. Subject to volunteer’s consent his or her name can be mentioned in the list of the portal authors. Conditional on the university’s approval participation in the project can be listed as an internship.

    Please send your CV to probono@threefold.ru. Applications are accepted until 30 September 2015. 

    The project will be fulfilled from 1 September to 30 November 2015.

     
  • The Case of Crimea in the Light of International Law: its Nature and Implications - conference review by Maria Issaeva published in the Russian Law Journal
    26.08.2015

     The Russian Law Journal has published a conference review by TLA managing partner Maria Issaeva discussing the conference titled The Case of Crimea in the Light of International Law: Its Nature and Implications

    The conference was organised by professor Władysław Czapliński of the Polish Academy of Science, Institute of Law Studies and Dr. Sławomir Dębski of the Centre for Polish-Russian Dialogue, and took place in March 2015. The conference was held against the backdrop of the first anniversary of Russia’s announcement that it has joined Crimea to its territory, and provided an opportunity for international legal scholars to discuss the legality of these events from the standpoint of international law. 

    In her review, Maria, also a speaker at the conference, analyses the presentations of conference participants on the five general topics discussed, namely self-determination and secession; use of force, aggression and armed attack; the international community’s response to the situation in Crimea; non-recognition of unlawful situations by States, and international state and individual responsibility in connection with the case of Crimea.  

    Video materials of the conference are available here

    The conference review can be found in Russian Law Journal Issue 3 Vol. 3 (2015). With kind permission from the journal we publish this review on our website - you can read it here (in English).

     

     
  • Maria Issaeva comments on Russia's veto of MH17 tribunal in an interview to Current Time, a program broadcasted in cooperation with Voice of America and Radio Svoboda
    03.08.2015
    Maria Issaeva, TLA Managing Partner, gives an interview to Current Time, a weekly news program broadcasted in cooperation with Voice of America and Radio Svoboda in Prague. Maria comments on Russia's veto of the MH17 tribunal at the UN.
    The full video is available here (in Russian)
     
  • Maria Issaeva appears on TV Rain to discuss Russia's veto of MH17 tribunal at the UN
    Maria Issaeva appears on TV Rain to discuss Russia's veto of MH17 tribunal at the UN
    30.07.2015

    Tonight 30 July 2015 at 10:00 pm (Moscow time), Maria Issaeva, TLA Managing Partner, appears on TV Rain to participate in an one-hour discussion of the possible consequences of Russia's yesterday veto of MH17 tribunal at the UN.

    Watch live on TV Rain.


    UPDATE: The full version of the programme is available here (for TV Rain subscribers only).  

     

     
  • Business & Legal English: a new project of Irina Sergeeva and Threefold Legal Advisors LLC
    29.07.2015
    TLA partner Irina Sergeeva and Threefold Legal Advisors LLC are pleased to launch an education initiative in the area of Business and Legal English and invite law students and practicing lawyers to improve their professional English skills.

    The legal profession requires special language skills that include not only mastering general English but also practicing the best legal writing practices, developing oral presentation skills, and studying accepted English translations for Russian legal terminology, amongst others.

    We invite you to attend individual and group classes that are delivered in person in St. Petersburg or as an e-learning coursevia Skype. Individual programmes are developed in view of the students' professional interests and their English language skills. Study materials, discussion topics, and vocabulary correspond to those situations which lawyers encounter in their professional life on a daily basis while communicating with clients and colleagues, drafting documents in English, delivering presentations at various conferences and seminars, attending job interviews at international companies, and applying for studies abroad.

    Should you like to register for the classes or have any questions, please contact Irina Sergeeva at english@threefold.ru. We invite you to subscribe to our page on vKontakte. 

    *    *    *
    Our work in such areas as law practice, foreign languages, and legal education in Russia has a long-standing tradition:

    Threefold Legal Advisors LLC is a law firm specialising in international law and human rights. TLA is the Russian administrator and one of the sponsors of the Jessup Competition, the largest international moot court competition for law students. Furthermore, for many years a special-purpose department of our firm has been providing high-quality legal translation services.

    Irina Sergeeva, a TLA partner, has worked as an associate in the dispute resolution practices of the largest international law firms. Irina is actively involved in teaching. Her experience includes coaching law students for English-language moot court competitions and lecturing in international law and European law. Irina is an author of a number of publications in English. She graduated from St. Petersburg State University, MGIMO, and University College London (UK).

     

     
  • Threefold Legal Advisors LLC is pleased to congratulate Russia for one of its most successful appearances at the Jessup
    15.04.2015

    On 11 April 2015, the 56th Philip C. Jessup International Law Moot Court Competition, the world’s largest and most prestigious English-language competition for law students, ended in Washington DC, USA.

    The 2015 World Champion of the Jessup is Australia, Russia among the quarterfinalists and in the top oralists and top memorials rankings of the Competition. 

    Threefold Legal Advisors LLC is pleased to congratulate Russia for one of its most successful appearances at the International Rounds of the Philip C. Jessup Moot Court Competition.

    2015 Jessup Russian National rounds

    The 2015 Russian National Champion – St Petersburg State University, Runner-up – Russian Academy of Foreign Trade (Moscow).

    Fourty-five Russian universities registered to participate in the XIV Russian National Championship of the Philip C. Jessup International Law Moot Court Competition, which ended in Moscow on 1 February 2015. Five teams were selected to represent Russia at the international stage of the Competition. This year, Russia also received the right to send to the International Rounds one exhibition team. 

    40 teams took part in the Russian National Championship oral rounds, and over 100 international lawyers made it to Moscow to serve as Competition judges. The judges convened in Moscow hailing not only from Russia but also other major jurisdictions, such as the UK, Denmark, Netherlands, Israel, India, Italy, Canada, Poland, the USA, Ukraine, France, South Africa and other countries.

    This year, the judges in the Final round of the National Championship were professors Marcelo G. Kohen (Graduate Institute, Geneva), Robert McCorquodale (BIICL, University of Nottingham), and Nobuo Hayashi, International Law and Policy Institute (Oslo).

    The top five teams that proceeded to represent Russia at the 2015 International Rounds of the Jessup became: St Petersburg State University (1), Russian Foreign Trade Academy (VAVT) (2), MGIMO (3), Urals State Law Academy (4), and Russian Academy of Justice (5). The team from Moscow State Law Academy received the right to represent Russia at the International Rounds as an exhibition team.

    The 2015 International Rounds

    The International Rounds of the Jessup Moot Court Competition were held in the USA on 6-11 April 2015.

    Two Russian teams (MGIMO and VAVT) advanced to the world top 32 teams, with MGIMO advancing from the top 3rd place after the preliminary rounds. The MGIMO team proceeded to show Russia’s third best result in the history of Jessup Russia, reaching the quarterfinals of the 2015 International Rounds. 

    The Top 100 Oralists of the 2015 International Rounds includes four Russian participants – Nikolay Ryashin, MGIMO, 20th place, Nikolay Gryzunov, MGIMO, 24th place, Olga Zinzhenko, MGIMO, 35th place, and Anna Korshunova, VAVT, 71st place. The written memorials of MGIMO (21st) and VAVT (22nd) entered the Top 30 Memorials ranking of the 2015 International Rounds.

    The University of Sydney (Australia) became the World Jessup Champion, bringing Australia its 12th victory in the 56-year Jessup history.

    The Final Round judges were Joan Donoghue, judge  of the International Court of Justice, Kenneth Keith, former judge of the International Court of Justice, and  Harold Hongju Koh, Sterling Professor of International Law at Yale Law School.

    The 2015 Jessup case addressed questions of treaty interpretation and applicability in the face of changed circumstances; the propriety of counter-measures; and procedural and substantive issues raised by the secession of a province from one country and its annexation by another.

    The international rounds of the Jessup Competition are sponsored by White & Case LLP.

    The Russian National Championship of the Jessup Competition is organized jointly by the International Law Students Association (ILSA), Threefold Legal Advisors LLC and White & Case LLC.

    In 2015 for the first time, the Russian Rounds of the Jessup Competition took place with the support of the European Society of International Law.

    Read more: 

    M. Issaeva, Russia's Participation in the Jessup Competition: A View From Behind The Curtain (English translation)

    I. Sergeeva, M. Issaeva, Pro Bono in Legal Education in Russia (In Russian)

     
  • European Court of Human Rights case-law review: State is liable for debts of insolvent municipal unitary enterprises
    18.02.2015

    At the end of 2014, the European Court of Human Rights ("the European Court") delivered a judgment in the case of Liseytseva and Maslov v. Russia, giving a detailed description of its position on the attribution of de facto State-controlled companies' debts to the State. The European Court held that Russia has breached the European Convention on Human Rights ("the Convention") on account of its non-enforcement of domestic judgments delivered in favour of former employees of insolvent municipal enterprises.

    The applicants in the case had been employed by municipal enterprises that were later declared insolvent. Both applicants instituted proceedings against the companies to recover salary arrears and the domestic courts found in their favour. However, due to the insolvency of the companies the enforcement proceedings were discontinued and the applicants' claims were considered settled. The applicants then instituted proceedings against the municipalities that owned the companies, but their claims were dismissed.

    Having failed to recover the salary arrears domestically, Mrs. Liseytseva and Mr. Maslov filed an application to the European Court. They complained inter alia that there had been a breach of Article 6 (right to a fair trial) and Article 1 of Protocol No. 1 (protection of property) to the Convention.

    The main issue examined by the European Court was whether the failure on the part of the unitary enterprises to honour the debts that had been the subject of a judgment in favour of its former employees engaged state responsibility under the Convention.

    According to the well-established case-law of the European Court, when it comes to complaints concerning non-enforcement of judicial decisions the extent of State obligations varies depending on who the debtor is in each specific case.

    Where a judgment is made against a State, the latter must take all necessary steps to enforce it fully and in due time. By contrast, when the debtor is a private person, States' obligations are limited to providing the necessary assistance to the creditor in the course of the enforcement proceedings of the respective judgment, for example, via a bailiff service or by adopting appropriate regulation of bankruptcy procedures. Thus, in order to decide on the scope of the State's obligations in the instant case the European Court had to determine whether, under international law, the debts of unitary enterprises can be considered debts of the State.

    When assessing whether a State can be held liable for a company’s debts under the Convention the European Court takes into consideration the following factors:

    • The company’s legal status under domestic law, in particular, whether its creation and further activity are governed by public or private law, as well as the scope of company's rights and obligations;

    • The nature and objectives of the company's activities, in particular whether it performs specific public duties, as well as the context of its operation (such as a monopoly or heavily regulated business);

    • The company's institutional independence (the extent of State ownership) and its operational independence (the extent of State supervision and control, including the degree of State control over liquidation proceedings) (§§ 187-190 of the judgment).

    After extensive analysis of the Russian legislation governing unitary enterprises, the European Court applied the aforementioned criteria to the cases at hand and concluded that these particular municipal unitary enterprises did not have a sufficient degree of independence from the State. The European Court held that these enterprises had performed public duties and that the municipal authorities exercised a high degree of control over the objectives of enterprises' activities, asset management and allocation of property. Moreover, the State was vested with extensive powers in relation to the creation, management, reorganization and liquidation of the enterprises. Therefore, the European Court held that Russia was liable for the municipal unitary enterprises' debts and consequently that the non-enforcement of judicial decisions that had been made in the applicants' favour violated Article 6 and Article 1 of Protocol 1 to the Convention.

    The full text of this judgment is available here

     
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Fax: +7 495 989 -17- 88

E-mail:

law@threefold.ru

translation@threefold.ru

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