Posts Tagged Russia
With state succession comes a need for judicial re-organisation, as well as a series of practical considerations for the recognition and enforcement of judgments et al issued by authorities of the various States involved in the territorial dispute. The Crimea is a case in point. Anna Tkachova and Andriy Pozhidayev give a great overview first of the reorganisation of the courts, subsequently of the coinciding complication in recognition and enforcement of courts and tribunals in the respective parts of the country. A very good insight into both parts of the exercise: the formal, law-making part as well as the practical considerations for litigating parties.
Of note is that recognition and enforcement of decisions etc. by Ukrainian courts etc. in the Crimea, and of Russian courts etc. in the Crimea, are not covered by European conflict of laws (as indeed is the case for any third country judgments). Neither as far as I am aware are they covered by any of the export controls /sanctions issued by the EU either. (In contrast e.g. with import of goods from the disputed territories, covered by Regulation 692/2014 and corrigenda viz certificates of origin (linked to the EU-Ukraine association agreement, currently being ratified by the various Member States)).
Lithuania is suspecting that a combination of its currently holding the rotating presidency of the European Union, and Russian jittery over an impending trade and association agreements with the Ukraine, Moldova and Georgia (Armenia has pulled out under Russian pressure), explains the actions taken by Russia against Lithuanian Diary imports.
Russia notified the measure to the WTO on 11 October. Not much detail is given in the notification as to the health hazard identified, other than ‘due to detection of incompliance to microbiology, sanitary chemical and organoleptic requirements.’ – a fault which it had recently found in Russian dairy products, too and which of course Lithuania are denying.
How and where the Lithuanian complaint is currently developing is a little bit fuzzy: the EC has reportedly spoken at the WTO against the Russian action, on behalf of Lithuania (and of course to the dislike of Russia) , however I understand informal talks are underway, too.
The Lithuanian Supreme Court held on 30 April 2013 that a Russian Federation judgment granting child custody, could not be recognised in Lithuania for reasons of Ordre Public. The 7-year-old child had not been heard (including on his opinion with whom of the parents he’ld prefer to live) either directly or indirectly in the underlying proceedings. Hearing the child, the Court held, was however prerequisite under international human (children’s) rights Conventions.
Recourse to Ordre Public is not common, as readers will be aware. The judgment therefore is quite significant (and correct in my view), particularly as the European Commission is currently trying to map its use across the Member States (within the EU or vis-a-vis relations with third States, such as here).
Thank you to Sigita Fomičiova for the tip-off and copy of the judgment.
The first ever (ok, the second: however the polyethelyne case was settled before a report) WTO case concerned the environment (US Gasoline). The first ever EU action against Russia as a Member of the WTO also concerns the environment: the EU early July kick-started dispute settlement proceedings against Russia, protesting against the fee which Russia plans to introduce on the import of cars. The EU’s complaint has in the meantime been joined by Japan, with the US reported to be following suit.
The allegations are that the fee is discriminatory, not just vis-a-vis Russian production, but also among imports (Kazakhstan and Belarus are exempt); and that the alleged environmental aims are in reality disguised protectionism.
The complaint supplements the ever-growing list of trade and environment /public health cases at the WTO. These are exciting times for those of us keeping a keen eye on that area! (and trying to find time to write journal articles or even updated PhDs on same).