LL.M. Faculty Recent Publications
LLM. Adjunct Lecturer Aida Avanessian Publishes Book on Arbitration.
Dr. Avanessian’s book addresses both domestic and international arbitration. The work discusses the Republic of Armenia Law on Commercial Arbitration and related legislation, addressing the advantages and disadvantages pertaining to the law. The book mainly focuses on the gaps in the current legislation and offers possible solutions from an international perspective.
“Arbitration: Domestic and International” is intended for lawyers, arbitrators, judges, as well as students majoring in law. As the author states, “Arbitration, when properly conducted, can serve the Judiciary by reducing the case load of the courts as well as the disputing parties by offering a faster solution to their dispute with a final and enforceable award.”
LL.M. Program Faculty Member Aida Avanessian published a book on Project Finance.
The book is in Armenian and discusses the legal aspects of alternative methods of financing major, mainly infrastructural projects where the complexity of the project, the implementation cost and the financing method chosen for its implementation demands the creation of complex legal structures, especially in cases involving foreign financing and public private partnership arrangements where issues of government support and a balanced distribution of fiscal risks become of core importance.
LL.M. Program Faculty Hayk Malkhasyan recently published a book titled “Changes of Circumstances and Their Consequences for Contractual Relations”, Yerevan, 2017.
When entering into a contract the parties operate under particular external circumstances, such as the rate of inflation, availability of certain means of transportation or foreign exchange rates. These external conditions are subject to changes, sometimes drastic and unexpected. Thus, sudden exchange rate fluctuations, unexpected volatility in prices of raw materials, hyperinflation etc. may seriously affect the performance of the contract and upset the contractual equilibrium. The book examines the nature and consequences of such changes for the contract and analyzes the relevant norms of English, French, German, Russian and Armenian law, as well as Private International Law. It approaches the issue from both historical and contemporary comparative perspective to come up with a set of recommendations for practicing contract lawyers and the legislature.
Hayk Malkhasyan also authored a chapter in “Proportionality and Human Rights in German, Armenian and Georgian Constitutional Adjudication” – published in Tblisi, 2017.
This work encompasses a research on the issues and challenges of application of the proportionality principle, which requires that the means chosen for restricting fundamental rights be suitable and necessary for the achievement of the aim prescribed by the constitution, and proportionate to the significance of the restricted right. It analyzes the application of the principle in Armenia and Georgia, while drawing from German and ECtHR experience. It provides the reader with an overview of the German doctrine and practice, followed by a review of the European Court of Human Rights’ jurisprudence. It further addresses the application of the proportionality principle in Armenia and Georgia, by discussing the areas of application of principle and outlining the current issues.
Professor Armen Mazmanyan’s chapter on constitutional courts was published in “Elections Watchdogs: Transparency, Accountability and Integrity”, an Oxford University Press volume edited by Pippa Norris and Alessandro Nai. The study is part of the Electoral Integrity Project (EIP), a research project based at Harvard’s John F. Kennedy School of Government and the Department of Government and International Relations at the University of Sydney.