Bill Robinson J.D. speaking at the Real Russia Project event, "Russia: Friend, Foe, or What?" held April 18, 2007 at the University Club in Washington D.C.
Last week The Journal of the Business Law Society at the University of Illinois College of Law published an article citing the Real Russia Project, "The Forecast for Foreign Investment in Russia: Should Investors Expect a Warm Climate or Cloudy Skies?" .
In her article, Illinois law student Eugenia Izmaylova frequently cites Bill Robinson, a Bellevue, Washington based attorney who has been practicing law in Russia and the former USSR since 1990. In particular, Ms. Izmaylova quotes Bill Robinson's thoughts on the development of intellectual property law in Russia since the collapse of the Soviet Union (a transcript of Mr. Robinson's remarks - along with commentary from his co-panelists at the Real Russia Project forum - is available for downloading in PDF format here)
Click on the extended post to read excerpts from the Illinois Business Law Journal article.
The University of Illinois College of Law
With an education system that has produced nearly 100% literacy, great emphasis on science and technology [4] seven consecutive years of steady economic growth and a consistent strengthening of the ruble, Russia appears to be an extremely attractive target for foreign investment. However, direct foreign investment is still very low in comparison with other transition economies in Europe and by international standards generally, [5]. With U.S. investment at a total of $1.64 billion, comprising just 3 percent of total foreign investment in Russia in 2006 [6], the question remains: Why are American investors so reluctant to invest their funds in Russia?"
For economic reforms to flourish and private investors and entrepreneurs to prosper, the legal system must effectively protect private property, defend economic rights against infringement, and establish a secure environment for investment and market relations. [7] In contemplating the accession of the Russian Federation (RF) to the World Trade Organization, a dramatic increase in foreign investment activity is anticipated. As a result, legislation concerning the regulation of foreign investment is becoming increasingly more important. Recently, there has been a surge in the passage of commercial laws as the Russian government seeks to rectify Russia’s negative image in the eyes of investors.
It is generally recognized that the Russian legal system provides the main legal guarantees, investment protection, and conditions for commercial activities that comport with international standards. [8]The Russian government is currently working on a law that will provide for oversight of foreign investment in the country’s strategic sectors, such as oil and gas. The codification of such policies, albeit restrictive, is seen by some U.S. officials as a positive step in improving the climate for foreign investment. One measure of Russia's transparency and openness to investment will be the Strategic Sectors Law. According to early drafts that have been made public, this law would regulate government reviews of investments into 39 sectors of the Russian economy. [9] Strong, fair and transparent governing institutions, such as regulatory agencies, keep the business sector in line and encourage investment, by ensuring that investors understand where they are putting their money. [10]
Several American corporate giants like Boeing and Procter & Gamble already maintain a notable presence in Russia. [11] Others, particularly those interested in the energy sector, are waiting for the Russian government to define the "rules of the road" for exploration and development off-shore and in the Arctic before undertaking the mammoth capital investments needed to get such projects off the ground.[12] The core legislation governing the national regime of foreign investments known as the Federal Law "On Foreign Investments in the Russian Federation " provides fundamental guarantees and serves to open attractive opportunities for foreign investors.[13] This Russian law provides equal rights for foreign investors in the domestic market, guarantees the protection of property rights and ensures the fair settlement of disputes. [14] Additionally, Russia is engaged in expansive administrative reform and has significantly liberalized legislation regarding currency regulation and control. [15] Recent changes in antimonopoly law have also made implementation of direct foreign investments in Russia significantly easier.
II. Intellectual Property
Russia’s poor track record in improving intellectual property rights has historically hindered foreign investment. It was considered at one point to be a factor which could preclude U.S.approval to Russia’s ascension into the World Trade Organization. [16] For years, WTO negotiations between the U.S. and Russia were slowed by Washington's concerns about Russia's weak stance on intellectual property. [17] In November 2006, the United States became the last major WTO member country to approve Russia's entrance into WTO by signing a bilateral agreement. [18]The agreement was tempered with a variety of specifications, and built a framework for Russia to crack down on piracy. [19] In addition, it set a timeline for enacting laws on the counterfeiting of pharmaceutical and computer goods in a bid to address the country's poor record on intellectual property rights.[20]
Since signing the agreement, Russia has made significant progress in addressing the widespread problem of intellectual property piracy and in fulfilling the requirements of the agreement. [21] When the timelines are completed, the agreement becomes subject to ratification by the U.S. Senate and must pass through one more hurdle before being finalized.[22]The US Chamber of Commerce, a private sector organization representing over three million business owners, has been advocating heavily for Russia's entrance into the WTO. [23] Russia has allocated 3.7 BLN rubles (approximately $144.7 million) to the goal of resolving intellectual property rights [24] and Russian authorities are currently trying to fight the problem by organizing raids, passing anti-piracy legislation and releasing anti-piracy ads. [25] Some improvements are already visible; the crackdowns have led to a reduced number on kiosks selling pirated CDs, DVDs and software in Moscow, the nation's capital. [26]
Bill Robinson, an American attorney and leading expert on Russian business, suggests that in addition to governmental action combating piracy, a more fundamental change essential to shielding intellectual property rights has also taken place. [27] Russian attitudes about intellectual property are changing.
There were two schools of thought about intellectual property when I began working in the Soviet Union. One thought was: we are a poor country and we can’t afford Microsoft, so it’s OK to steal it. The other school of thought was: we are as smart as anyone else in the world, and if we do not have a legal regime in place to protect our work and our efforts, then they will be worthless to us. That second school of thought is winning out. [28]
Roughly three-quarters of the Russian economy has been privatized, [31] but some investors cite the fear of nationalization (the transfer of privately owned assets into public ownership) as a reason for their reluctance to invest. In contrast, Bill Robinson, a respected lawyer and representative of businesses in Russia since 1990, thinks that nationalization is an insignificant risk and one which is easily insurable.[32]
Although there has been increasing state ownership in strategic sectors like aerospace, “national champions” of private industry such as energy and metals continue to grow alongside with these state giants. [33] Though the government is reasserting its position and ownership of some state resources, there is increasing privatization in the utilities sector. [34] Experts urge foreign investors not to view this trend of state capitalism as a threat, but as a way to cement the foundation of the country’s economic system which will, in turn support the rest of the markets. [35]
Moreover, there is evidence that this trend of state capitalism seems to be working well for Russia. Many Russians who view the Soviet Era as the glory days of economic prosperity cite the return of a strong government as a source of pride, and assert that it has boosted consumer confidence. [36] Russians view the strategic sectors as one of their economy’s greatest strengths. [37] They favor the new protections against foreign investment in these areas and stress that maintaining Russian control of these resources will have a positive impact. [38]
Click here to read the rest of the article and the author's references.
Comments
Hey right on brother Bill! The "Real Russia" project is making an impact. Great work everyone.
Lois DuPey
(commissar at large)
Posted by: Lois DuPey | September 18, 2007 5:49 PM
As Russia is obviously one of the main "emerging markets", we should be happy to read such news ! I love Russia, and I try to study hard enough to work there in a few years from now. I'm now reading a book I found on the Internet, called "Investing in Russia, the Ukraine, Latvia and Kazakstan", by Gil Feiler and Alexandre Garese. Very interesting. Do you know any books on similar topics ?
Regards.
Joan.
Posted by: joan | October 17, 2007 5:38 AM
William Allan Kritsonis, PhD
Dr. Kritsonis Lectures at the University of Oxford, Oxford, England
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning.
Dr. Kritsonis Recognized as Distinguished Alumnus
In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”
Educational Background
Dr. William Allan Kritsonis earned his BA in 1969 from Central Washington University, Ellensburg, Washington. In 1971, he earned his M.Ed. from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa. In 1981, he was a Visiting Scholar at Teachers College, Columbia University, New York, and in 1987 was a Visiting Scholar at Stanford University, Palo Alto, California.
Professional Experience
Dr. Kritsonis began his career as a teacher. He has served education as a principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher. Dr. Kritsonis has earned tenure as a professor at the highest academic rank at two major universities.
Books – Articles – Lectures - Workshops
Dr. Kritsonis lectures and conducts seminars and workshops on a variety of topics. He is author of more than 500 articles in professional journals and several books. His popular book SCHOOL DISCIPLINE: The Art of Survival is scheduled for its fourth edition. He is the author of the textbook William Kritsonis, PhD on Schooling that is used by many professors at colleges and universities throughout the nation and abroad.
In 2007, Dr. Kritsonis’ version of the book of Ways of Knowing Through the Realms of Meaning (858 pages) was published in the United States of America in cooperation with partial financial support of Visiting Lecturers, Oxford Round Table (2005). The book is the product of a collaborative twenty-four year effort started in 1978 with the late Dr. Philip H. Phenix. Dr. Kritsonis was in continuous communication with Dr. Phenix until his death in 2002.
In 2007, Dr. Kritsonis was the lead author of the textbook Practical Applications of Educational Research and Basic Statistics. The text provides practical content knowledge in research for graduate students at the doctoral and master’s levels.
In 2008, Dr. Kritsonis’ book Non-Renewal of Public School Personnel Contracts: Selected Supreme and District Court Decisions in Accordance with the Due Process of Law is scheduled for publication by The Edwin Mellen Press, Lewiston, New York.
Dr. Kritsonis’ seminar and workshop on Writing for Professional Publication has been very popular with both professors and practitioners. Persons in attendance generate an article to be published in a refereed journal at the national or international levels.
Dr. Kritsonis has traveled and lectured throughout the United States and world-wide. Some recent international tours include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, and many more.
Founder of National FORUM Journals – Over 4,000 Professors Published
Dr. Kritsonis is founder of NATIONAL FORUM JOURNALS (since 1983). These publications represent a group of highly respected scholarly academic periodicals. Over 4,000 writers have been published in these refereed, peer-reviewed periodicals. In 1983, he founded the National FORUM of Educational Administration and Supervision – now acclaimed by many as the United States’ leading recognized scholarly academic refereed journal in educational administration, leadership, and supervision.
In 1987, Dr. Kritsonis founded the National FORUM of Applied Educational Research Journal whose aim is to conjoin the efforts of applied educational researchers world-wide with those of practitioners in education. He founded the National FORUM of Teacher Education Journal, National FORUM of Special Education Journal, National FORUM of Multicultural Issues Journal, International Journal of Scholarly Academic Intellectual Diversity, International Journal of Management, Business, and Administration, and the DOCTORAL FORUM – National Journal for Publishing and Mentoring Doctoral Student Research. The DOCTORAL FORUM is the only refereed journal in America committed to publishing doctoral students while they are enrolled in course work in their doctoral programs. In 1997, he established the Online Journal Division of National FORUM Journals that publishes academic scholarly refereed articles daily on the website: www.nationalforum.com. Over 500 professors have published online. In January 2007, Dr. Kritsonis established Focus: On Colleges, Universities, and Schools.
Professorial Roles
Dr. Kritsonis has served in professorial roles at Central Washington University, Washington; Salisbury State University, Maryland; Northwestern State University, Louisiana; McNeese State University, Louisiana; and Louisiana State University, Baton Rouge in the Department of Administrative and Foundational Services.
In 2006, Dr. Kritsonis published two articles in the Two-Volume Set of the Encyclopedia of Educational Leadership and Administration published by SAGE Publications, Thousand Oaks, California. He is a National Reviewer for the Journal of Research on Leadership, University Council for Educational Administration (UCEA).
In 2007, Dr. Kritsonis has been invited to write a history and philosophy of education for the ABC-CLIO Encyclopedia of World History.
Currently, Dr. Kritsonis is Professor of Educational Leadership at Prairie View A&M University – Member of the Texas A&M University System. He teaches in the newly established PhD Program in Educational Leadership. Dr. Kritsonis taught the Inaugural class session in the doctoral program at the start of the fall 2004 academic year. In October 2006, Dr. Kritsonis chaired the first doctoral student to earn a PhD in Educational Leadership at Prairie View A&M University. He lives in Houston, Texas.
Posted by: William Allan Kritsonis, PhD | June 29, 2008 10:46 AM
Writing for Professional Publication in National Refereed Journals
A Session for Faculty and Doctoral Students
Russian Academy of Sciences, Moscow
William Allan Kritsonis, PhD
Professor
PhD Program in Educational Leadership
Prairie View A&M University/The Texas A&M University System
1. Professional reasons for writing for publication
2. Personal reasons for writing for publication
3. How real writers behave
4. Writer’s write for the following reasons
5. How to get started
6. What will “sell” the editor on your work?
7. Formula: Brilliant Ideas + Good Luck + Knowing the Right People = Publication
8. On scholarly work
9. Reasons to write and publish journal articles
10. Writing and publishing journal articles enables you to…
11. Three basic types of articles: practical – review or theoretical – research
12. Quantitative Studies
13. Qualitative Research
14. On writing books
15. Four phases of book publishing (Fun – Drudgery – Torture – Waiting)
16. Some reasons to write a book
17. Where does the dollar go after a book is published?
18. What do editors and reviewers really want?
19. Earning approval from editors and reviewers
20. What to remember about bad writing
21. How to get fired as a reviewer
22. Publish or perish or teach or impeach
23. I’ve been rejected many times – should I give up?
24. In writing, how you read is important
25. How teachable is writing?
26. “I can’t seem to tell how my writing is going while I am doing it. Can you help?
27. Remember your purpose in writing
28. What differentiates ordinary writing from writing with style
29. It must get somewhat easier to write, otherwise, how would some authors become so prolific?
30. If writing for publication does not prove to be lucrative, why bother?
31. Why creative work is worthwhile
32. Show respect for your writing. It is about what the readers should know. If this puts a strain on a professional relationship, then so be it.
33. “Why I Write” (Orwell) Sheer egoism, aesthetic enthusiasm, historical impulse, and political purpose.
34. What really makes an academic write?
35. The Writer’s Essential Tools – words and the power to face unpleasant facts.
36. No human activity can sap the strength from body and life from spirit as much as writing in which one doesn’t believe.
37. “Because it was there.” Edmund Hillary. And with this comment he supplied generations with a ready-made and unanswerable defense for any new undertaking even writing.
38. Why we write.
39. Climbing Your Own Mountain
40. Be yourself. Have fun writing.
Please list any other topics you want Dr. Kritsonis to discuss.
281-550-5700 Home; Cell: 832-483-7889 – williamkritsonis@yahoo.com
Posted by: William Allan Kritsonis, PhD | June 29, 2008 10:48 AM
William Allan Kritsonis, PhD
Professor
PhD Program in Educational Leadership
Prairie View A&M University
Prairie View, Texas
PhD, University of Iowa, 1976
M.Ed., Seattle Pacific University, 1971
B.A. Central Washington University, 1969
Doctor of Humane Letters, Southern Christian University, 2008
The Adolescent’s Perception of Failure
Upwards of a thousand students commit suicide every year. They had their whole lives ahead of them, and somehow, they lost hope. No one cared, they thought; life was not worth living. They asked themselves: Is that all there is?
Suicide is certainly the ultimate self-punishment for having failed. Life was no longer worth the struggle, the effort, the will.
I would like to take a look with you at the concept of failure-at how adolescents in high school and college see it-and what we, as parents and teachers, have taught them about it.
We have all had a part in it, and we have all had to come to grips with it and to decide what failure actually means to each of us individually.
Success is important in our society, more important, surely, that the desire to live sanely and to enjoy the good things of life which one has worked for. Success for its own sake is valued-valued, and I believed at any cost, and the road to success rationalized in the name of the great American competitive way, at the expense of honest and, perhaps, sanity.
The “F” for failure has become so feared that we in education have revamped our marking system in preference for U's and E's without revamping our attitudes -attitudes of those who should know.
We are apt to be very objective when we look at our students-and we give
them what they deserve and in doing so, feel very smug. We have given out the material, we have given the examinations and now it follows, as night follows day, that we give out the marks. Yet, we forget that there is much more that a teacher gives to his or students, willingly or unwillingly. A teacher gives an example of how to look at life and at people. And if failure is viewed as the worst fate, if it is something that is given the connotation of shame, unworthiness, and hopelessness, then indeed, we have taught much more than English or history or mathematics.
Adolescence marks the trying period of search which may have the significant effects on subsequent personality structure, on later adjustments in the years that lie ahead. Probably, what brings the greatest amount of equalizing balance to the period of adolescence is the presence of significant people in the adolescent's life. Since people become so very important to him, it is the importance of some people who have that ingredient of compassion who can help the adolescent come through this unfolding, transitional period into the fullness of adult life.
The world is full of people who are fearful that they will fail at some tasks or goal and who usually manage to avoid trying for what they want because they construe failure as the worst of all possible crimes.
In a study, it was found that competitive situations around two major motives: either to achieve success... or to avoid failure. The strivers-for success were found more likely to be middle-of-the-roaders in their aspirations or ambitions, where as the failure-avoider will be either excessively cautious or extravagantly reckless in the things he tries. Because failure is painful, he will choose either extreme rather than take the 50-50 chance.
Feelings of adequacy and success may depend more on self-acceptance than on actual achievement. Regardless of actual test performance, self-accepting students tend to be optimistic, non-anxious, and non-competitive. Self-rejecting ones are anxious and unrealistic in goal-setting.
In another study, the subjects were asked to rate themselves on a list of traits as they thought they were, as they hoped they were, as they feared they were, and as they thought others regarded them. The group had first been classified as stable and unstable on the basis of a personality inventory. The stable group rated themselves higher and there was less discrepancy between their self-ratings and the way they thought others would rate them. They were also better liked, better adjusted socially, less situation dominated, and showed less defensive behavior.
Approximately half of those who enter college drop out. Many are in the highest levels of ability. When students drop out, it usually is understood that they have failed. At the college level, a great deal of attention has been given to the question: “What can we learn about those who have failed in the past that will enable us to reject similar persons who might apply for admission in the future?” Little consideration is given to the question: “What might the institution do to prevent failure, to help remedy shortcomings within the college and with the individual student, which produce failure?”
Reasons for coming to college are always multiple. Stress is usually placed on one or another of these:
- to get a better paying job
- status of a degree
- social life-all my friends are going
- avoid work
- get married
- because of parents
Many are disillusioned with what is expected of them. Many find that it's the same old things as high school-all these things which aren't practical. Others who were eager to learn find that it is not the kind of challenge they had expected.
Many entering students are sorry about the time they wasted in high school. They didn't try hard enough; they didn't apply themselves; they were more interested in athletics, social life, or other things. If we go back a bit, we find that there were many things that they were concerned about during those days-some things which were, indeed, are more important to them at the time than geometry or American history, an which sometimes were far more necessary and pressing in order that they might grow up. But, those who observe the adolescent in high school are very often unaware of what he is facing and are not able to understand why he can't buckle down. What they can't understand is that the reason is...that there are many things the adolescent is trying to accomplish and school work often provides him with no stimulation, no incentive for interest or involvement. School is just a bore! And teachers are a bore! And adults, in general, are a bore! Adults are forever talking, but what they say often doesn't seem to mean anything.
A new interest can be sparked in school when there is a teacher who does mean something. But it takes more than one teacher to make a school program relevant. When competition and success are the significant ingredients of a program, then we are apt to be creating egocentric (or self-centered) intellectuals who gloat over their achievements as they look down on those who have successfully developed feelings of worthlessness because-they have lost and lost and lost, and fear that they will probably never win-and only those who win are important.
Our task ought to be to help the adolescent to see that failure is neither good nor bad. It is, however, and inevitable fact of reality. The way we use it in our lives will determine, ultimately, its goodness or badness for us.
Each of us must learn to live with certain limitations in ability. It is only when an individual falls consistently below the norm areas that seem important to him that inferior ability constitutes a serious limitation.
From studies of both high and underachievers in high school, the pattern of the relationship between self-concept and achievement becomes clearer. There is a relationship between positive self-concept and high achievement, negative self-concept and under-achievement. The research does not indicate which is cause or effect. Chances are we can see a circular pattern beginning earlier with perception or experiences. Every experience contributes to the adolescent's evolving picture of himself, which, in turn, becomes a guide to future action.
Parental pressure for success seems to arise naturally out of a parent's desire that this child must have the best that the world has to offer, yet...in the same breath, it may be that many of them see the failure which their son or daughter may face as a failure for themselves. Many parents want their children to be a credit to them, forgetting that if a child is a credit to itself, the other will follow naturally.
Likewise, it is not important to be better than the next guy so much as it is to try to do our best. We should be our own chief and best competition. We cannot always achieve our goal, but we ought to find satisfaction in knowing we did the best we could. Too often, we are teaching the idea of striving for success in high school, in college, in athletics, in all the aspects of living, for the wrong reasons. Let's change our own attitude about success and failure.
Posted by: William Allan Kritsonis, PhD | August 9, 2008 5:24 PM
now i very interest the countery of rushia their education so that there is no bias exist my both so i am impartial and no one who support so i midetative all condition is come about what ever is come
than that is that
Posted by: mohamed nuur | September 26, 2008 10:45 PM