Journal articles on the topic 'Civil law – European Union countries – International unification'
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Margolis, Justin. "When Jumbo Jets Share the Sky: Civil Aviation in the European Union and the United States of America." European Foreign Affairs Review 19, Issue 1 (February 1, 2014): 83–100. http://dx.doi.org/10.54648/eerr2014005.
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The global scope of civil aviation has increased at an exponential rate since the signature of the Chicago Convention in 1944. However, when it comes to recognizing zones of regional integration, such as the European Common Aviation Area (ECAA), international aviation law lags in progress. This article examines the new challenges in civil aviation arising for the European Union and Europe's relations with third countries, as seen through the lens of the EU-US Open Skies Agreement (OSA).The unification of European airspace and specifically the creation of the Schengen Area are clashing with traditional definitions of international and domestic flights. This incoherence between international air law and the European Union's novel creation is leading to inequalities in Europe's external air transport agreements. Open Skies liberalized civil aviation between the world's two largest aviation markets, but inequalities still remain, notably regarding the granting of air rights to passenger carriers and investment opportunities for European nationals in American air carriers. This article oversimplifies the technicalities of aviation law, and is destined for those with little or no knowledge of the subject.
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BROŽIČ, LILIANA. "EDITORIAL, SECURITY PERSPECTIVES." CONTEMPORARY MILITARY CHALLENGES 2022, no. 24/3 (September 30, 2022): 11–13. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.24.3.00.
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This is the title of the third issue in the twenty-fourth volume of the Contemporary Military Challenges. We started from the changes that have taken place over the last few years. We have had in mind the increased migration flows towards the European Union, the experience of the Covid 19 epidemic, the climate change that surprises us time and time again, despite the fact that we are aware of it, and that we are trying to adapt and respond to it accordingly. In March this year, the "Strategic Compass for Security and Defence - For a European Union that protects its citizens, values and interests and contributes to international peace and security" was launched, and at the end of June, the new NATO Strategic Concept. Both with the aim of rethinking, aligning and unifying the way we look at existing security challenges and developing new security perspectives. At the beginning of this year, we were taken by surprise by the Russian Federation's armed attack against Ukraine. Some had predicted it; others only foresaw it. Many were convinced, however, that such a phenomenon was not possible in a modern democratic society. Huntington's theory of a clash of civilisations, which seemed to have outlived its usefulness in modern European society, has become relevant again. A realistic view of the contemporary security, social and political situation in the world and, above all, the crisis of values and the consequent need for unification have encouraged the European Union to aspire to become a global security actor in the international environment. The war in Ukraine is forcing the European Union to act. It has prepared a package of economic measures or sanctions to influence the Russian Federation in terms of expressing its disapproval of its unilateral moves. However, the Member States are not entirely united on how to confront and counter the situation. Without unity, united political positions and united action, the European Union cannot become the global security actor that it has claimed to be in its strategic compass. In this context, it is also worth mentioning its Common Security and Defence Policy, which is first and foremost a policy, and the fact that the European Union does not have its own military capabilities to manage. The Member States have military capabilities, and they spend varying amounts on their defence. Over the last decade, most Member States have been reducing their defence expenditure, despite the fact that it was agreed at the NATO summit in Wales in 2012 that it would amount up to 2% of GDP. Not all Member States of the European Union are members of the Alliance, but there are twenty-one of them that are members of both. Douglas Barrie and his colleagues produced a special report in 2020 on 'European defence policy in an era of renewed great-power competition', which concluded that, assuming that all Member States did indeed spend 2% of GDP on defence, the European Union and its Member States would need ten to fifteen years to be adequately prepared in terms of security capabilities for a possible aggression by a country with the military capabilities of the Russian Federation today. With investments in this area as they are in 2022, it would take twenty years. This leads to the logical conclusion. There are only two ways of stopping the Russian Federation in its territorial and, of course, political ambitions. The first and most appropriate is political, the second military. Since the European Union does not represent a serious opponent in defence and military terms to this large and militarily powerful country, the only way for it to achieve its status as a global security actor is politically. The military conflict in Ukraine is a major test for both the Union and the Alliance. The European Union now has the opportunity to test how strong and credible its ideals, values and beliefs are. Are its senior representatives wise and innovative enough to look beyond economic sanctions to other diplomatic avenues to achieve what they have written in their strategic compass – to be a global player? Time will answer this question. Until then, however, scholars and other experts will be studying the various influences and phenomena in the security domain. Some of them will also share them with the readers of Contemporary Military Challenges. In a time of economic sanctions imposed by the European Union, Tamas Somogyi and Rudolf Nagy focus on the protection of critical infrastructure, of which the financial sector is an important part. In their article Cyber threats and security challenges in the Hungarian financial sector, they explore the security risks facing the banking system in their country. The paper Geostrategic perspectives of Slovenia in a changing world draws on two geopolitical theories by Mackinder and Spykman, who develop their views on the European space. Uroš Tovornik explored Slovenia's geostrategic position on the basis of their theories, focusing on its geopolitical characteristics. He summarised his findings into four possible scenarios, which are determined by these characteristics and from which possible future geopolitical orientations are derived. Olusola Kolawole Oluwagbire explored the influence of the world’s major powers and how this is reflected in the case of each country. Africa, as a very large continent, is made up of many and diverse countries. The influence of the major powers has always been very strong and integral to African life and the security of its people. In his article An assessment of the impact of relations with major powers on national security: Nigeria in perspective, the author presents how this has changed in recent years and how it affects the security of each country in. Mariann Minkó-Miskovics and Csaba Szabó note that there is an inconsistency between European and Hungarian legislation in the field of dual-use regulation, i.e. for civil and defence purposes. Moreover, they are convinced that this inconsistency may pose a security risk. What this means in practice is presented in the article Interpretation of civil vs. military equipment in European case law - EU and Hungary. Jarosław Włodarczyk writes on the importance of a proper understanding of language between different stakeholders in the international military environment. His study focuses on the teaching of English among military personnel in Poland and on those types of words that do not have a direct translation from Polish into English or vice versa. A particular challenge here is how to adequately explain and teach this to military personnel in the educational process. He summarised his findings in his paper The problem of lexical gaps in teaching military English.
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Křepelka, Filip. "Dominance of English in the European Union and in European Law." Studies in Logic, Grammar and Rhetoric 38, no. 1 (September 1, 2014): 137–50. http://dx.doi.org/10.2478/slgr-2014-0036.
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Abstract English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law (common law) which differs significantly from continental law (civil law) existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse.
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Ates, Leyla, Moran Harari, and Markus Meinzer. "Positive Spillovers in International Corporate Taxation and the European Union." Intertax 48, Issue 4 (April 1, 2020): 389–402. http://dx.doi.org/10.54648/taxi2020035.
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The international spillover effects of specific domestic policies and practices have been subjected to increasing scrutiny from a range of international organizations, academia, and civil institutions with tax policy and practice both central in this discussion. Nevertheless, the extant international tax spillover analyses explore a limited set of spillover pathways or indicators that have been criticized in the literature for not being sufficiently inclusive. The focus of this article is on a newly launched index that includes a comprehensive set of plausible pathways in which spillovers occur. The Corporate TaxHaven Index (CTHI) explores twenty key tax spillover indicators under five categories and assesses sixty-four countries’ tax systems in order to identify policies that should be considered for corporate tax reform to mitigate cross-border tax spillovers. This article particularly aims to highlight international corporate tax spillover pathways in the European Union Member States’ domestic tax laws, regulations and documented administrative practices but limits its scope to domestic tax rules that dispense with positive spillovers. Finally, it analyses Member States’ current performance and concludes with recommendations for future tax reforms in the European Union. Tax spillovers, Corporate Tax Haven Index, transparency rules, public accountability, country by country reporting, mandatory disclosure rules, tax rulings, extractive contracts, anti-avoidance rules, controlled foreign company rules, deduction limitation.
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Goncharova, A. V. "European rules of liability for inherited debts experience for Ukraine." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 39–42. http://dx.doi.org/10.24144/2788-6018.2021.03.6.
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This research examines the procedure for establishing liability for inherited debts of the testator. It is noted that the inheritance law of some European countries is undergoing transformation. Discussions on the future of inheritance law in Europe have not yet been completed, and it remains to be seen whether it has begun at all. One of the key issues is the area of liability for inheritance debts, which is present in any system of inheritance law and occupies an important place.
The article highlights the main problems of European practice on the basis of Polish law and suggests that this may be the starting point for resolving this issue on a wider European scale. Modern problems are caused by the fact that most of the principles of settlement of inheritance law were borrowed from Roman private law. Daily practice shows that the solutions developed by the legislator are not always able to satisfy modern realities. Disputes over the settlement of inheritance relations are particularly noticeable in countries that have historically been part of the so-called Eastern bloc. In the light of the ever-growing demand for the unification of substantive law, inheritance in the European Union, as well as the entry into force of Regulation (EC) № 650/2012 of the European Union and the creation of a European Certificate of Inheritance, it is interesting to study. Debt inheritance research is currently lacking in a study by scholars.
We state the fact that inheritance law is a branch of civil law. In some countries, there is a principle that no one should maintain an inheritance against their own. Legislators create opportunities for potential heirs in different ways. Therefore, we propose to create a mechanism in legal systems that uphold the principle of universal succession, according to which the passive attitude to the inheritance of any heirs is equated to the submission of an application for acceptance of the inheritance. In fact, this is natural, as renunciation of inheritance is less common in practice than acceptance.
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Economou, Athina, and Christos Kollias. "Terrorism and Political Self-Placement in European Union Countries." Peace Economics, Peace Science and Public Policy 21, no. 2 (April 1, 2015): 217–38. http://dx.doi.org/10.1515/peps-2014-0036.
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AbstractStudies have shown that citizens’ risk-perceptions and risk-assessment are affected by large scale terrorist acts. Reported evidence shows that individuals are often willing to trade-off civil liberties for enhanced security particularly as a post-terrorist attack reaction as well as adopting more conservative views. Within this strand of the literature, this paper examines whether terrorism and in particular mass-casualty terrorist attacks affect citizens’ political self-placement on the left-right scale of the political spectrum. To this effect the Eurobarometer surveys for 12 European Union countries are utilized and ordered logit models are employed for the period 1985–2010 with over 230,000 observations used in the estimations. On balance, the findings reported herein seem to be pointing to a shift in respondents’ self-positioning towards the right of the political spectrum.
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Доронина, Наталия, Nataliya Doronina, Наталья Семилютина, and Natalya Semilyutina. "Information Technologies and Economic Relations: Problems of International Conventional Unification in EAEU." Journal of Russian Law 3, no. 11 (November 11, 2015): 0. http://dx.doi.org/10.12737/14372.
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Since 2013, at the State Duma initiative, each April Saint-Petersburg has hosted the “Eurasian Economic Perspective” International Forum. This discussion venue for the exchange of opinions by parliament members of the post-Soviet states, with the participation of scientists, representing humanitarian sciences and education, furthers, among other things, the goal of the states’ integration and their economic development. The topic for discussion offered this year was the implementation problems of the Treaty on the Eurasian Economic Integration as of January, 1, 2015. One of the main integration problems is the problem of unification and harmonization of national legislations of the Treaty countries. The key question of the unification process is separation of powers and competences of the integration organization’s common body and the participating countries’ national bodies. The understanding of the supranational power of the common body is not correct. The integration experience in other unions between the states proves the importance of the sovereignty principle in the integration process. The author provides the analysis of former integration experience. For example, CMEA (Council of Mutual Economic Assistance) united the former Eastern European socialist republics and South-Eastern Asia and was dissolved in 90-ies after the transition of the States — participants to market economy. Notwithstanding its dissolution, CMEA created effective integration instruments on the basis of unification of national legislations: The CMEA General Conditions of Delivery. This instrument of the socialist common market continues to be practiced as model conditions for international contracts. The legal instrument of the International Business Corporation (IBC) has initiated the movement of resources that can be compared to the movement of capital in a free-market world. The CMEA experience has provided basic knowledge of cooperation, which was later used in other integration groups. The article also covers the economic integration of the European Union. It can be useful from the point of view of critics of “federalist” theories on the nature of integration of a group of states. The latter remains, as the authors show, to be subject to the International Law system. It is quite logical, that due to this position of the authors, they pay special attention to the key role of national legislation in the integration process. On the basis of the analysis of the Andean Common Market experience the authors underline the features of integration in the Latin American region. The comparative analysis of international regional unions of states is necessary to make the work of the Eurasian International Economic Union (EAEU) more effective. The Information Law is the technique that provides the diffusion of the most effective models of regulation for the purpose of economic integration. This approach in solving problems of economic integration in EAEU seems to be useful in search of the ways to overcome difficulties of the integration process.
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Varul, Paul. "The Creation of New Estonian Private Law." European Review of Private Law 16, Issue 1 (February 1, 2008): 95–109. http://dx.doi.org/10.54648/erpl2008005.
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Abstract: The article gives an overview of how new legislation was drafted and adopted in Estonia after the country regained its independence. Estonia was one of the republics of the Soviet Union and became independent again in 1991. The new situation suddenly necessitated new legislation, which had to suit a democratic state with a market economy, and also be in line with the standards of developed European countries. It took ten years (1991–2001) to create the new legislation, the cornerstones of which are the Civil Code and the Commercial Code. The Civil Code was adopted in five parts: the General Part of the Civil Code Act (1994, replaced with a new version in 2001), Family Law Act (1995), Law of Property Act (1993), Law of Succession Act (1997) and Law of Obligations Act (2001); the Commercial Code was passed in 1995. The article introduces the content of all the aforementioned laws. The comparative method was the main method in drafting the new laws. The laws of Germany, the Netherlands, Switzerland, Austria, France, Italy, and the Scandinavian countries, as well as the Civil Codes of the State of Louisiana and the Province of Quebec were followed as the most important examples. Internationally harmonized legislation, such as the Vienna Convention on Contracts for the International Sale of Goods, as well as sample laws such as the Principles of European Contract Law and Principles of International Commercial Contracts were also used as sources. Drafting the new private law legislation largely fell into the period when Estonia was a candidate state to the European Union, which is why he European Union law was already taken into account when preparing the drafts. By the time Estonia became a Member State of the EU (2004), its private law legislation was in harmony with the EU requirements. Although the legislations of former USSR republics and socialist countries have developed at varying paces, the legislative analysis of Estonia, which is the subject of the article, also reflects the developments of the ‘countries in transition’ that are in the same situation and where new social and economic conditions necessitated new laws. A major objective in drafting the new laws was to make them understandable and acceptable to persons from other countries, thus paving the way for international cooperation. Résumé: L’article donne un aperçu de la manière dont l’Estonie, de nouveau indépendante, a procédé à l’élaboration et à l’adoption d’une nouvelle législation. L’Estonie est une ancienne République de l’Union soviétique qui regagna son indépendance en 1991. Dans ce nouveau contexte, le besoin s’est rapidement fait sentir d’avoir une législation qui soit adaptée à un État démocratique, dans lequel fonctionne l’économie de marché et qui satisfasse aux normes des pays développés de l’Europe. L’Estonie a mis dix ans (de 1991 à 2001) pour établir une nouvelle législation, dont les principaux textes de base sont le Code civil et le Code de commerce. Le Code civil a été adopté en cinq parties: la loi relative à la partie gènérale du Code civil (1994, remplacée par une nouvelle version en 2001), la loi sur la famille (1995), la loi sur les biens (1993), la loi sur les successions (1997) et la loi sur les obligations (2001), le Code de commer
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Zhukovska, A., O. Dluhopolskyi, and O. Koshulko. "Sovereignty policy under the COVID-19 pandemic conditions: unification VS differentiation." Bulletin of Taras Shevchenko National University of Kyiv. Economics, no. 215 (2021): 31–40. http://dx.doi.org/10.17721/1728-2667.2021/215-2/4.
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Globalization, which became widespread in the late twentieth – early twenty-first century, has led to large-scale changes associated with deepening the interdependence of national economies and their interpenetration, the formation of international industrial complexes beyond national borders, weakening the ability of nations to form independent economic policies. intensification of the movement of goods, capital, labor resources, the creation of institutions of interstate regulation of global problems, the attraction of the world economy to common standards, values, principles of operation based on the ideas of universalism. Universalism recognizes freedom and justice as more important values. Instead, sovereignty, which spread as a fundamental current at the beginning of the XXI century, is opposed to international law and emphasizes that the national interests of states are more important than the ideals of civilization (the interests of mankind). The article aims are to deepen the theoretical understanding of the processes of strengthening sovereignty in response to the global pandemic COVID-19 because the state’s membership in any supranational association directly affects its sovereignty in its classical sense. The basis of the research methodology is a scientific description and logical-deductive approach, illustrated by empirical cases from around the world. Data from statistical organizations, including the United Nations, the World Health Organization, the Organization for Economic Co-operation and Development, the Council of the European Union, and national health institutions from different countries of the world, were used to analyze the progress of the COVID-19 pandemic and the response of national economies to its effects, as well as analytical reports of the World Economic Forum and the countries of the world, including the countries of the European Union and Ukraine. The study found that there is a continuing confrontation in the world between the spread of sovereignty and the ideas of globalism in the current pandemic and only time will tell which of these theories will eventually gain dominance as a policy. However, according to the results of the study, the spread of the COVID-19 pandemic is largely due to the development of globalization, the openness of world economies, as well as the growing competitiveness of national economies.
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KHRIDOCHKIN, Andriy. "Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union." Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 6 (2022): 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Муратова, Ольга, and Olga Muratova. "PRE-CONTRACTUAL RELATIONS IN INTERNATIONAL COMMERCIAL TURNOVER: SPECIFICITY AND TENDENCIES OF LEGAL REGULATION." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 69–76. http://dx.doi.org/10.12737/article_593fc343b94613.23365582.
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The article is devoted to analysis of specifics and trends of legal regulation of pre-contractual relations in international commercial turnover. The emergence of disputes arising from pre-contractual relations, the recognition of the doctrine of culpa in contrahendo, which appeared in the late nineteenth century and helped to establish the Institute that meets the needs of the international commercial turnover in the XXI century. The determining factor in the formation of the new Institute of pre-contractual relations of the Russian civil law are the successes of the foreign national codifications of private law and the unification of international private law in the European Union in the framework of non-governmental organizations: International Institute for the Unification of Private Law (UNIDROIT), the Hague conference on private international law, etc. These achievements prefaced the inclusion in the civil code provisions on pre-contractual relations by putting the question of formal recognition of their existence as an independent Institute of the civil law on the legal consequences occurring as the result of unfair behavior at the pre-contractual stage. The author also draws attention to the complexity of the recognition of those or other actions of potential contractors of the existence of pre-contractual relations, which raises the question of whether their formalization through written fixation. In addition, the author considers the problem of implementation in the Russian legislation the principle of autonomy of will of parties to select the law applicable to pre-contractual relations. At the end the author comes to a conclusion that the most suited to modern commercial reality is an approach, according to which the principle of autonomy of will of the parties is a fundamental criterion for determining the law applicable to pre-contractual relations. The choice of such rights must be granted to the parties pre-contractual relations, as the conclusion of the main contract or after its conclusion (for example, if you have any pre-contractual dispute).
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Beiter, Klaus D., Terence Karran, and Kwadwo Appiagyei-Atua. "Academic Freedom and Its Protection in the Law of European States." European Journal of Comparative Law and Governance 3, no. 3 (August 28, 2016): 254–345. http://dx.doi.org/10.1163/22134514-00303001.
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Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.
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Jastisia, Mentari. "PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH." Yustitia 7, no. 2 (October 15, 2021): 148–58. http://dx.doi.org/10.31943/yustitia.v7i2.142.
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Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe
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Stonkus, Saulius. "Harmonization of Aviation Safety and Security Legal Regulation in the European Union: Impact on the Global Convergence of Aviation Law." Teisė 125 (December 30, 2022): 131–44. http://dx.doi.org/10.15388/teise.2022.125.8.
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This paper deals with civil aviation, which is highly international. Therefore, harmonization of regulation in this area on a global scale is inevitable, which means that aviation law requires an integrated approach. However, only slightly over half of the countries fully comply with the standards issued by the International Civil Aviation Organization for basic international aviation regulation, which poses a serious threat to aviation safety and security. In this respect, the integrative nature of the European Union offers us to look at the Union’s activities in the context of aviation regulation. The aim of this paper is to investigate the impact that the harmonization of civil aviation safety and security regulations in the EU has on the development of global aviation regulations. The paper provides a more detailed analysis of the beginning and further integration of the EU’s internal aviation market and the formation of the Union’s external policy in this area, which has played a key role in harmonizing the legal framework for aviation safety and security. The study revealed the preconditions for the harmonization of aviation safety and security rules in the European Union highlighted the essential features of this process and its impact on the convergence of aviation regulation on a wider scale (beyond the EU).
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Moscati, Laura. "Origins, Evolution and Comparison of Moral Rights between Civil and Common Law Systems." European Business Law Review 32, Issue 1 (February 1, 2021): 25–52. http://dx.doi.org/10.54648/eulr2021002.
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The protection of moral rights embraces the now widespread personal sphere of copyright and originated much later than the economic exploitation of the work itself. Some of its components can be found in the English and German thought between the 17th and 18th centuries and, starting from the early 19th century, would have a substantial development through the contribution of both the French legal scholarship and case law. The legal foundations, in any case, date back to some codifications of the German area and to the earliest international treaties, making it a discipline that did not take into consideration the extent of the national territory. The purpose of this study is to evaluate the relevance of the European models and their influence in Italy after the national Unification, in particular in the first decades of the 1900s. In fact, the international protection of moral rights takes root in Italy during the 1928 Rome Conference for the revision of the 1886 Berne Convention. The United States joined it only later, in 1989, with the Berne Convention Implementation Act (BCIA). Thirty years later, the Copyright Office published in April 2019 an extensive study about the American protection of moral rights. The document is studied in this paper in comparison with the European Directives and with the Copyright Directive definitively approved a few days before the Copyright Office document. While in the USA the interest in moral rights up to now rather limited seems to be increasing, in Europe the protection of moral rights risks being waned as it is handed down to individual countries with the explicit declaration that it is not the subject matter of the Directives. Moral rights, origins, codification, Europe, Italy, Berne Convention, international treaties, USA, EU Directives, Canada
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Fruscione, Alessandro. "Dual Use Items: A Whole New Export Regulation in the European Union." Global Trade and Customs Journal 17, Issue 3 (March 1, 2022): 136–40. http://dx.doi.org/10.54648/gtcj2022018.
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On 9 September 2021, Regulation (EU) no. 821/2021, of the European Parliament and of the Council, of 20 May 2021, relating to the control of exports, brokering, technical assistance, transit and transfer of dual-use items, i.e., all those products, including software and technologies, which can be used for both civil and military purposes, came into effect. The new Regulation has as its main objective (see in particular ‘Whereas (5)’ in the preamble to the Regulation) that of making the common system for the control of exports of dual-use items even more effective, to ensure compliance with the commitments and responsibilities of the Member States and of the Union, particularly in the fields of non-proliferation, regional peace, security and stability and respect for human rights and international humanitarian law. For these purposes, the definitions of ‘dual-use products’ and ‘exporter’ have been expanded and, moreover, a specific Article (8) is dedicated to the issue of technical assistance, which in the previous Regulation (428/2009) was covered exclusively in certain explanatory notes in the Annexes. The changes in this Regulation also concern the authorizations for the export from the European Union of ‘dual-use’ goods: a whole new ‘large project authorization’ (Article 2 (14) of the Regulation) has been created, which consists of an individual export authorization or a global export authorization granted to one specific exporter for a type or category of dual-use items, which may be valid for exports to one or more specific end-users in one or more specified third countries for the purpose of a specified large-scale project. This permission can relate to intra-group technology transfers and cryptography. Also with regard to the procedures for the export of dual-use items, the European Union decided to make use of the ‘Internal Compliance Programmes’, already present in other legislative sectors of the Union. Dual use export controls, authorizations, civil, military, technologies, compliance, exportation, controls, Regulation
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Tsybulska, O. "Standards of the European Union (DCFR) in the sphere of regulation of non-contractual ob-ligations and problems of their harmonization in the inheritance law of Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 74 (February 10, 2023): 177–80. http://dx.doi.org/10.24144/2307-3322.2022.74.63.
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Within the scope of this article, an analysis of the situation existing in the field of unification of those norms of national law of Ukraine, which directly regulate non-contractual obligations arising as a result of the death of a natural person, or his recognition as deceased in the field of inheritance law, is carried out. The specified non-contractual obligations in inheritance law are possible thanks to the structure known in Roman law as "legatum", and, quite successfully, entered into the current private law of most countries of the European space. In the civil legislation of Ukraine, this construction is called "testamentary disclaimer", it is an order of the testator, which is established in the will, and provides for the possibility of imposing on the heirs under the will the obligation to realize certain property benefits for the benefit of third parties - beneficiaries.
Similar constructions are provided for by private law codifications of other European states, including the states that are members of the European Union. At the same time, despite the similarity of the legal nature of this institution, as of today, there is no single legal mechanism in the legal regulation of legal relations that are similar in nature in this area.
At the same time, it is appropriate to consider the Project of a common reference scheme, which includes principles, concepts and model rules of European private law (Principles, Definitions and Model Rules of European Private Law. Draft Common Frame of reference (DCFR).
In the work, the types of non-contractual constructions provided for by the DCFR are formed, distinguished and analyzed, primarily, their dialectical classification, architecture and place in the system of inheritance law. Emphasis is placed on rethinking and solving some problems in the inheritance law of Ukraine, from the point of view of new world realities.
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Lubelska-Sazanów, Małgorzata. "The Wild Differences in Law when Trading in Wild Animals: a US and EU Perspective." American Journal of Trade and Policy 5, no. 2 (August 31, 2018): 39–48. http://dx.doi.org/10.18034/ajtp.v5i2.434.
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This paper aims to show the differences between a regular animal trade and trade in wildlife in the European Union (EU) and in the United States (USA/US). Although the ideas towards using the international sale of animals are similar in the US legal system and in the EU legal system, they have very different foundations. The European model aims for policy – neutral rules of private international law agreed on a multilateral basis, whereas the American approach uses unilateral rules of private international law based on a country’s own domestic interests. Even though there are still no binding international conflict of law rules that would apply to contracts between parties from the US and European countries, this problem could easily be solved in contract law by choosing the law applicable to the contract. However, though the conflict of law rules in the situation where one of the States of the USA is involved might be different in each case. That is the reason why the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was drafted. Unfortunately, the conclusion based on the material presented in the article is that CITES is not effective enough. Therefore, although the law on the sale of animals leads to similar solutions in USA and in EU, even though it is based on different legal systems (common law and civil law countries), it leads to totally different solutions concerning the law on wild animals.
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Sokolova, Olga, Nadezhda Goncharova, and Pavel Letov. "Problems and Prospects for the Development of the UK Banking System in the Process of New Industrialization and Digitalization." SHS Web of Conferences 93 (2021): 05017. http://dx.doi.org/10.1051/shsconf/20219305017.
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The gist of this article boils down to the development of British banking system in the conditions of new industrialization and digitalization. The banking system of Great Britain is characterized by a high degree of concentration and specialization of banking, a well-developed banking infrastructure, and a close connection with the international loan capital market. London is the world's oldest financial center. The English banking system has the world's widest network of overseas branches. The UK banking system is relatively independent from the credit systems of the European Union. Nevertheless, banking legislation is focused on the unification of banking law within the European Community and supervision of banking activities. In the context of the global financial crisis, the UK banking system, as in other countries, has been severely tested. The most important trend in the development of the UK banking system is the blurring of boundaries between certain types of credit institutions. The subject of the research is the UK banking system in the context of new industrialization and digitalization.
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Zenginkuzucu, Dikran M. "A Comparative Analysis on International Refugee Law and Temporary Protection in the Context of Turkey." Age of Human Rights Journal, no. 17 (December 17, 2021): 385–410. http://dx.doi.org/10.17561/tahrj.v17.6297.
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The Syrian civil war prompted a large number of people to flee their country and seek asylum in other countries, making Turkey a leading host country with around 3.6 million of asylum seekers. Syrian asylum seekers in Turkey are under temporary protection regime. This article examines Turkish temporary protection regime in comparison with international protection standards and human rights law, especially with the UNHCR Guideline and European Union legislation on temporary protection and European Court on Human Rights judgements. In this respect, this article argues that Turkish legislation has met the fundamental requirements of international protection law and standards, however, still needs to be improved in some crucial areas. In this regard, the international protection law and the difference between the status of refugee and temporary protection is explored. Subsequently, declaration of temporary protection in case of a mass-influx, the rights and freedoms covered under temporary protection, non-refoulement principle and termination of temporary protection regime under Turkish Temporary Protection Regulation are discussed and compared with the international standards. Finally, some conclusions and recommendations for the improvement are deduced from this discussion.
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Voronko, Oleksii. "APPLICATION OF ASTRENT UNDER THE LEGISLATION OF CERTAIN COUNTRIES OF THE EUROPEAN UNION AND RUSSIA." Scientific and Informational Bulletin of Ivano-Frankivsk University of Law Named after King Danylo Halytskyi, no. 8 (December 26, 2019): 127–34. http://dx.doi.org/10.33098/2078-6670.2019.8.20.127-134.
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Purpose. The purpose of the article is to study the content and comparative analysis of the mechanisms for the use of asthma in France, the Benelux countries, Germany, Italy, Portugal, Russia, as well as its regulation by EU legislation. Method. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The study used the principles of objectivity and integrity, as well as general scientific, special legal and philosophical methods of scientific knowledge: induction, deduction, analysis, synthesis. Comparative, functional and legal. Results: The study found that an asthma was a means of influencing a debtor to fulfill his obligations voluntarily. This remedy is based on the idea that the prospect of paying a higher sum than that arising from the obligation should force the debtor to execute the decision without delay. Over time, the use of astringent has proven to be particularly effective in enforcing binding decisions and in taking action to secure a claim or evidence. An asterant is an indirect way of enforcing a judgment and acts as an influence or pressure on the obliged party to enforce the court decision. In this case, the payment of the asthma does not release the debtor from the obligation, which is confirmed by the executive document. Scientific novelty. Analyzing the international experience, it is argued that it is advisable to use the astringent procedure in the Ukrainian civil law. Practical significance. The results of the study can be used in law-enforcement and law-enforcement activities in the investigation of crimes related to financial misconduct.
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Riabokon, Ievgen, Yevhen Fursa, Olha Tsybulska, Alina Goncharova, and Olena Kryzhevska. "The concept of non-contractual obligations in inheritance law: international legal experience." Revista Amazonia Investiga 10, no. 45 (October 29, 2021): 221–29. http://dx.doi.org/10.34069/ai/2021.45.09.22.
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The article is devoted to the study and analysis of such areas of civil law as non-contractual structures, within the inheritance law of individual European Union countries, the emergence, development and implementation of such structures in regulations governing the inheritance procedures of countries such as Poland, Czech Republic, Republic of Lithuania and the Republic of Latvia. The purpose of the study in the monograph is a comprehensive analysis of the nature and specifics of legal and doctrinal bases of regulation and practice of non-contractual constructions in the inheritance law of individual EU countries (Poland, Czech Republic, Lithuania, and Latvia). As a result of the study the concept of non-contractual constructions of inheritance law is formed in the work. The types of non-contractual constructions, first of all their dialectical classification, architecture and place in the system of inheritance law are singled out and analyzed. An analysis of their identification and separation in different states, depending on the legal family, traces the integrity of the fundamental structure of knowledge about the obligatory rights of the testator within the will, heirs and beneficiaries in their biocentric expression and in the context of social ties. Emphasis is placed on rethinking and solving some problems in inheritance law, from the point of view of new world realities.
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Ringnalda, Allard. "National and International Dimensions of Copyright Law in the Internet Age Harmonizing Exemptions: The Case of Orphan Works." European Review of Private Law 17, Issue 5 (October 1, 2009): 895–923. http://dx.doi.org/10.54648/erpl2009055.
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Abstract: Despite international and European cooperation, copyright law remains a predominantly national affair dominated by national policy. The article examines if this framework is up to the challenges presented by the Internet. Two problems are found: the laws of all the receiving countries apply to an Internet publications and these laws often differ substantially. This is so because states wish to remain free to draft national copyright policy and apply it to their public sphere. As a consequence, exemptions from copyright protection are not harmonized. Using the example of digital libraries and the problem of copyright-protected works whose right holders are unknown or unlocatable (so-called orphan works), the article demonstrates how divergence of laws impairs Internet-related use of copyrighted materials. As these orphan works cannot legally be used, an exemption from copyright protection may be warranted. However, to facilitate online distribution, an international approach is required. This article discusses the possibilities of such an approach by means of choice-of-law and harmonization and unification of copyright law in the European Union. Zusammenfassung: Trotz der internationalen und europäischen Zusammenarbeit verbleibt das Urheberrecht überwiegend eine nationale Angelegenheit, die durch nationale Grundsätze beherrscht wird. Dieser Beitrag untersucht, ob diese Grundstruktur den Herausforderungen, die das Internet mit sich bringt, gewachsen ist. Zwei Probleme können hier genannt werden: Die Gesetze aller Empfangsstaaten sind auf eine Veröffentlichung im Internet anwendbar, diese Gesetze aber unterscheiden sich oft erheblich voneinander. Der Grund hierfür liegt darin, dass die einzelnen Staaten die Freiheit haben möchten, um nationale Urheberrechtsgrundsätze zu konzipieren und in ihrer eigenen öffentlichen Bereich anzuwenden. Aus diesem Grund werden Ausnahmen von dem urheberrechtlichen Schutz nicht harmonisiert. Durch die Darstellung des Beispiels von digitalen Bibliotheken sowie des Problems von urheberrechtlich geschützten Werken, deren Rechtsinhaber unbekannt oder unauffindbar sind (sogenannte verwaiste werke, oder orphan works), soll in diesem Beitrag aufgezeigt werden, wie Unterschiede in den nationalen Rechtssystemen die mit dem Internet zusammenhängende Verwendung von urheberrechtlichen material beeinflussen. Da diese orphan works nicht legal verwendet werden können, könnte eine Ausnahme vom urheberrechtlichen Schutz in diesen Fällen berechtigt sein. Um allerdings die Online-Verbreitung zu fördern, ist eine internationale Vorgehensweise zwingend erforderlich. Dieser Beitrag erläutert die Möglichkeit einer solchen Vorgehensweise durch die Regelung der Rechtswahl sowie die Harmonisierung und die Vereinheitlichung des Urheberrechts in der Europäischen Union.
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Lukasevych-Krutnyk, Iryna. "The concept and methods of harmonisation of the private law legislation of ukraine in the field of provision of transport services with the legislation of the European Union." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 2 (June 28, 2020): 91–106. http://dx.doi.org/10.37635/jnalsu.27(2).2020.91-106.
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The article is devoted to the harmonisation of private law legislation of Ukraine in the field of transport services with the legislation of the European Union. The purpose of the study is to formulate the concept and determine the main ways to harmonise the private law of Ukraine in the field of transport services with the legislation of the European Union. The main method of scientific work is the method of legal analysis, the use of which made it possible to identify possible ways to harmonise national legislation in this area to European standards. Based on the analysis of the norms of national legislation and the legislation of the European Union, the terms “harmonisation”, “adaptation” and “approximation” were distinguished. It was proposed to understand the harmonisation of private legislation in the field of transport services with the legislation of the European Union as the process of adjusting Ukrainian legislation on the basis of EU legislation, in particular directives and regulations, in order to bring national legislation in line with their provisions. According to the results of the study, the harmonisation of private law of Ukraine in the field of transport services with EU law occurs in three ways, namely: 1) Ukraine's accession to international regulations in force in the EU, or the signing of bilateral agreements on cooperation in in the field of providing transport services with EU countries; 2) development and adoption of regulatory legal acts of Ukraine in the field of transport services, which take into account the provisions of EU law; 3) implementation into national legislation of the provisions of EU regulations and directives by making changes and additions to the current regulations of Ukraine. The practical significance of the research results is that the theoretical provisions and conclusions can become the basis for further research on the legal regulation of contractual relations for the provision of transport services in the context of European integration processes. The materials of the article can be used in the educational process for the preparation of educational and methodological support and teaching of relevant topics in terms of training courses in civil, contract and contract law, as well as special civil disciplines
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Poesen, Michiel. "Civil Litigation Against Third-Country Defendants in the EU: Effective Access to Justice as a Rationale for European Harmonization of the Law of International Jurisdiction." Common Market Law Review 59, Issue 6 (December 1, 2022): 1597–632. http://dx.doi.org/10.54648/cola2022113.
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The European Union has taken on an active role in harmonizing the law of international jurisdiction over civil and commercial court disputes. However, the jurisdictional rules contained in the key instrument in the area – the Brussels Ia Regulation – only apply to disputes involving EU-based defendants, save for a few exceptions where defendants domiciled in third countries are also covered. This article will explore the rationale for harmonizing the law of jurisdiction applicable to third-country defendants. This central theme is of particular interest, since further harmonization is once again on the EU’s agenda because of the upcoming revision of the Brussels Ia Regulation. The article will outline that proposals for harmonization are rooted in the aspiration to further effective access to justice. Moreover, it will demonstrate that far from a readily implementable programme, furthering access to justice is a multifaceted aim, the pursuit of which potentially has profound ramifications for the EU rules on civil jurisdiction. civil litigation, third-country defendants, law of jurisdiction, PIL, conflict of laws, Brussels Ia Regulation, harmonization
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Gaona Prieto, Rodrigo, Andrés De Castro, and José-Ignacio Antón. "Evaluation of a training program of African gendarmes' in Spain under the European Union GAR-SI Sahel project." Policing: An International Journal 45, no. 2 (February 2, 2022): 266–81. http://dx.doi.org/10.1108/pijpsm-06-2021-0082.
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PurposeThis article provides the first assessment of the training program of African gendarmes from the so-called Sahel countries in the Special Training Center of the Spanish Civil Guard in Spain. This action is part of the European Union GAR-SI Sahel project, embedded in the framework of the international cooperation of the European Union with Africa and aims to create effective counter-terrorism police tactical units in the area.Design/methodology/approachThe study exploits instructors' assessment on the evolution of the 167 participants over the program from 2017 to 2019 and the satisfaction of attendants with the training action, using 22 Likert-type items and an open question. It employs both quantitative tools (descriptive and inferential statistical methods and multivariate techniques) and qualitative methods (content analysis of participants' comments).FindingsThe research finds evidence of a high participants' performance according to trainers and large levels of satisfaction among participants. The authors also discuss the differences found by country of origin and rank of the gendarmes who participated in the trainings.Originality/valueThis study is the first to provide an evaluation of the police training actions embedded GAR-SI Sahel project, part of much larger initiative of cooperation of the European Union with Africa.
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Fradera, Vera. "Les Rapports entre le Droit Privé Européen et la Convention de Viene de 1980 sur la Vente Internationale de Marchandises." Revista Brasileira de Arbitragem 6, Issue 23 (September 1, 2009): 54–69. http://dx.doi.org/10.54648/rba2009041.
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ABSTRACT: This article deals with the relationships between European private law and the CISG in the sense of beeing its contribution the most efficient to the aim of the harmonization of the contracts law, making easier the development of the Common Market, in a more effective way than another unification instruments, such as Unidroit Principles and the Code Européen des Contrats. Starting from the analysis of the obstacles for the uniformization of contracts rules in the European space (the pluralism of legal systems and the different languages of Law), as well the author demonstrates that the CISG would be the ideal tool to harmonize the different conceptions of contract law in effect into the European Union. Indeed, after almost thirty years of its publication, the CISG has had a remarkable sucess, beeing adopted by 72 countries. Nevertheless, not everything is perfect on its path, because its article 7 determines that the Convention will have an uniform interpretation, an aim that is very hard to be reached, due to the existence of many obstacles, as pointed above. Based on the lessons of some masters, like Claude Witz and Pierre Yves Gauthier, the author suggests the adoption of the article 7 of the CISG as a support to the rule of the facultative precedent . In addition, again the author agrees once again with M. Witz and Gauthier, that it will be necessary to create International and Regions Courts, in order to obtain an effective uniform interpretation of the CISG rules.
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Lambert, Hélène. "TRANSNATIONAL JUDICIAL DIALOGUE, HARMONIZATION AND THE COMMON EUROPEAN ASYLUM SYSTEM." International and Comparative Law Quarterly 58, no. 3 (July 2009): 519–43. http://dx.doi.org/10.1017/s0020589309001249.
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AbstractIncreased policy harmonization on refugee matters in the European Union (EU), namely the creation of a Common European Asylum System (CEAS), has created the imperative for a transnational judicial comparative dialogue between national courts. This article is based on a structured, focused comparison approach to examining a key element of a transnational European legal dialogue, namely, the use of foreign law by national judges when making their own decisions on asylum. It does so by examining two countries, France and Britain, as representative of the difference in legal tradition and culture within the EU in terms of the civil–common law divide. Both case studies are structured around a common set of empirical and jurisprudential research questions. The empirical findings reveal a surprising lack of transnational use of national jurisprudence on asylum between judges. Nonetheless, a slight but noticeable increase in the use of transnational asylum jurisprudence in the British and French courts must be noted. Two broad accounts—one rational, the other cultural—are applied in each of the case studies to explain this empirical finding. This article concludes on the broader implications of these findings for the establishment of a CEAS by 2012.
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Pohribnyi, Serhii O., and Oleksii O. Kot. "Updating the Civil Code of Ukraine as a guarantee of effective interaction between the state and society." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (March 24, 2021): 106–14. http://dx.doi.org/10.37635/jnalsu.28(1).2021.106-114.
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The study analyses the current provisions of the Civil Code of Ukraine and judicial practice, examines international acts of civil legislation. Considering the need to update civil legislation to the legislation of the European Union countries, as well as gradually approaching the recommendations of the European Union in the property sphere, it is concluded that Article 1 of the Civil Code of Ukraine should be modernised by moving the phrase “civil relations” to the end of this sentence, since civil relations are such relations that meet all the criteria defined in Part 1 of this article, that is, relations based on legal equality, free expression of will and property independence of their participants. Based on the analysis of the provisions of the Civil Code of Ukraine, it is proposed to replace such a feature as “property autonomy”, which should be inherent in all civil relations, with a more accurate phrase – “property insulation”. It is considered that the Civil Code of Ukraine should be designed both for relations in which their participants set the goal of making a profit, and for relations in which participants do not pursue such a goal. The study proves the need to restore the status of the Civil Code of Ukraine as a core act for all public relations with private law content. To implement the idea of the Civil Code of Ukraine as a core act for private law, attention is drawn to the need to review the mechanism for ensuring the status of the Civil Code of Ukraine as the main act of civil legislation of Ukraine. After all, the mechanism laid down in Part 2 Article 4 of the Civil Code of Ukraine turned out to be ineffective: the text of the Civil Code of Ukraine was amended by any laws without taking into account the specific features of the mechanism of civil law regulation of such relations. It is considered that at the stage of updating the civil legislation, it is necessary to return to consolidating the list of legal forms for creation of legal entities in the Civil Code of Ukraine and thus harmonise Ukrainian legislation with European approaches to regulating the institution of a legal entity, as well as a number of contracts that were forcibly excluded from the Civil Code of Ukraine in 2003 to develop and fill in the text of the Civil Code of Ukraine
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Aldag, Ole. "Due Diligence and Environmental Damages Under Rome II." European Review of Private Law 28, Issue 6 (December 1, 2020): 1231–48. http://dx.doi.org/10.54648/erpl2020074.
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Within the European Union, the Rome II Regulation determines the applicable law on cross-border matters of non-contractual nature. The paper examines the applicable law on environmental-related tort claims against European multi-national companies utilizing production facilities in third countries, either based on active misconduct or on alleged omission of environment-related due diligence. As these types of claims are an expression of misconduct by multinational corporations conducting business abroad, particular notice will be given to the applicable law on compensation claims for environmental damages allegedly caused by negligent compliance for environmental standards of either independent or subsidiary production facilities. While doing so, its main point of interest will be whether claims against European-based companies may be governed by the law of the effective seat of the latter. Considering that Article 7 Rome II provides for a special connecting factor regarding environmental damages, the paper examines whether Rome II does justice for due diligence-related cases on the conflict of laws level and argues for a nuanced approach to localize the place of the event giving rise to such damages. Private International Law, Environmental Damages, Civil Compensation, Torts, Corporate Social Responsibility, Rome II, Mandatory Rules, Public policy
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HORNE, JOHN. "Introduction." European Review 14, no. 4 (September 8, 2006): 415–19. http://dx.doi.org/10.1017/s1062798706000457.
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International trials of war crimes, crimes against humanity and genocide are currently a matter of considerable interest – legal, political and human. The work of the International Criminal Tribunals for the former Yugoslavia and for Rwanda (ICTY and ICTR), set up respectively in 1993 and 1994, and the establishment of the International Criminal Court (ICC) at the Hague in 2002, have focused attention on the practice and value of such juridical processes both as forms of law and in terms of the events they address. The unexpected death of Slobodan Milosevic during his trial at the ICTY has only intensified the controversy aroused by such proceedings. Politics, history, memory, mourning, reparation and even reconciliation are inescapably part of the legal process, often in an explicit and even formal manner. This means that scholars in disciplines other than legal science and people from many backgrounds are interested in the work of such international tribunals and in the types of ‘truth’ that they seek to establish.Such trials are not new. The idea stems directly from the intersection of military violence and humanitarian impulses in the 19th century. Geneva law, emanating from the International Red Cross (founded after the main war of Italian unification), dealt with the humane treatment of wounded and prisoners. Hague law, which codified the conduct of belligerents towards non-combatants, grew from the Lieber Code devised by the Union during the American Civil War and from the attempts by European powers to regulate military conduct after the Franco-Prussian War, culminating in the Hague conferences of 1899 and 1907.
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Nesterova, Anastasia Vladimirovna. "Legal assistance in cases of administrative offences and other types of legal assistance." Международное право и международные организации / International Law and International Organizations, no. 2 (February 2021): 68–76. http://dx.doi.org/10.7256/2454-0633.2021.2.35825.
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The subject of this research is the Institution of legal assistance in cases of administrative offenses. The author examines the concept, according to which the norms on international legal assistance related to various branches of law (civil procedure, arbitration procedure, criminal procedure, administrative, private international) and reflecting the basic principles of international law, constitute an independent set of norms. The Institute of rendering legal assistance in cases of administrative offences is most similar by the content to the Institution of rendering legal assistance in cases of criminal offences established in the Chapter 53 of the Criminal Procedure Code of the Russian Federation. The comprehensive analysis of these institutions along with the position of the international community on their correlation, contributes to elaboration of ways for their development. The European Court of Human Rights, in the context of correlation of the norms on criminal responsibility in different countries, claims that regardless of whether the act is a criminal offence (France), minor offence (Germany), or administrative offense (Russia), it falls under the category pf “criminal matter” (criminal sphere), from the perspective that the country is obliged to provide a person with due procedural guarantees if indicted. Considering that the international community understands “criminal matter” as both crimes and offenses, the provisions on rendering legal assistance in cases of administrative offenses can be implemented in accordance with the standards that are effective in providing legal assistance in cases of criminal offences. The latter may include the process of harmonization and unification of international and domestic law, conclusion of bilateral and multilateral agreements between the countries, etc.
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Kuznetsova, Natalia, Oleksii Kot, Andrii Hryniak, and Mariana Pleniuk. "Abolition of the Commercial Code of Ukraine: Potential Consequences and Necessary Prerequisites." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 1 (March 26, 2020): 100–131. http://dx.doi.org/10.37635/jnalsu.27(1).2020.100-131.
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The paper analyses the provisions of the Commercial Code of Ukraine, comparing them with certain provisions of the Civil Code of Ukraine and separate laws and other regulations. Considering the need to align Ukrainian legislation with the legislation of the European Union countries in legislation regarding the establishment and operation of partnerships, corporate governance, protection of shareholders, creditors and other interested parties, regarding the further development of corporate governance policy in accordance with international standards, including the gradual approximation to the rules and recommendations of the European Union in this area, it is concluded that it is advisable to abolish the Commercial Code of Ukraine by adopting the relevant law, which stipulates all necessary measures to ensure proper legal regulation of relations for the period of preparation of the relevant systemic changes to the Civil Code of Ukraine. It is proved that most of the provisions of the Civil Code of Ukraine are reference or blanket, and therefore have minimal regulatory impact and mostly duplicate the provisions enshrined in other regulations. Based on the analysis of the provisions of the Commercial Code of Ukraine, it is concluded that its provisions, given their minimal regulatory impact on business relations and considering the detailed regulation of these relations in the Civil Code of Ukraine, can be repealed without any reservations. In such settings and in order to simplify the legal regulation of business activity, as well as in view of the obligations of our country (in particular, to bring the Ukrainian legislation in conformity with the legislation of the EU countries in legislation regarding the establishment and activity of partnerships, corporate governance, protection of rights of shareholders, creditors, and other stakeholders, regarding further development of corporate governance policy in line with international standards, as well as the progressive approximation to EU rules and recommendations in this area), the expediency of abolishing the Commercial Code of Ukraine is beyond doubt
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Pauwelyn, Joost. "The Rule of Law Without the Rule of Lawyers? Why Investment Arbitrators Are from Mars, Trade Adjudicators from Venus." American Journal of International Law 109, no. 4 (October 2015): 761–805. http://dx.doi.org/10.5305/amerjintelaw.109.4.0761.
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At the twentieth anniversary of the World Trade Organization (WTO), the WTO’s dispute settlement system is celebrated as one of the organization’s biggest achievements. Although powerful members such as China, the European Union (EU), and the United States are regularly on the losing side of WTO trade disputes, overall support for the system remains high. If anything, it has increased over time, with early criticism by civil society waning. Compare this situation to investor-state dispute settlement (ISDS), centered around the World Bank’s International Centre for Settlement of Investment Disputes (ICSID). ISDS, which started in earnest around the same time that the WTO was created, is under fire not only in capital-importing countries ranging from Ecuador, Indonesia, and South Africa but also in capital-exporting nations such as Australia, Germany, and the United States. Indeed, in the ongoing EU-U.S. negotiations over a Transatlantic Trade and Investment Partnership (TTIP), ISDS emerged as one of the biggest bones of contention.
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Kirilenko, V. P., and G. V. Alekseev. "Problems of Harmonization of European and Russian Legislation on Defamation." Lex Russica 1, no. 9 (September 26, 2019): 168–82. http://dx.doi.org/10.17803/1729-5920.2019.154.9.168-182.
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Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.
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Härkönen, Elif. "Conflict Minerals in the Corporate Supply Chain: Is Transparency the Solution to Human Rights Violations in the Tantalum, Tin, Tungsten and Gold Supply Chains?" European Business Law Review 29, Issue 5 (September 1, 2018): 691–727. http://dx.doi.org/10.54648/eulr2018027.
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The European Union has recently enacted the Conflict Minerals Regulation, introducing new transparency requirements for importers of tantalum, tin, tungsten and gold from conflict-affected regions. Similar legislation has previously been enacted in the United States. The purpose of the new transparency requirements in both jurisdictions is to cut off funding for armed groups in conflict areas and thus reduce the suffering of the civil population, with particular reference to the situation in the Democratic Republic of the Congo. The criticism of the legislation centers on the costs to companies in the minerals supply chain. In this article it is argued that the costs to companies subject to the transparency requirements can be minimized with carefully crafted legislation. It is also concluded that progress in achieving the humanitarian objectives of the legislation is slower than expected, mainly due to the lack of participation in the transparency efforts by all actors in the supply chain. Successful transparency regulation has to be supported by a multitude of actors in the international community. Also, mineral supply chain transparency regulation in itself is unlikely to solve armed conflicts in resource-rich but poor countries. Such legislation only provides for one component in a multi-level approach including legislative, economic and political efforts by the international community.
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Roccia, Marco. "Reforming Property Law in Kosovo: A Clash of Legal Orders." European Review 23, no. 4 (September 22, 2015): 566–82. http://dx.doi.org/10.1017/s1062798715000307.
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The legal framework regulating property in Kosovo has been defined as ‘A jumble of laws, regulations, administrative instructions, court practices and directives combine to create a complicated and seemingly impenetrable system for determining contests over immovable property ownership in Kosovo. At the highest level, international human rights standards affect property rights…’1 As in other areas of legislation, laws addressing property issues derive from different periods in Kosovo’s history, that is to say the Yugoslav time, the so-called discriminatory period of the 1990s, UNMIK’s rule of the first decade of the 2000s and, finally, independent Kosovo. Laws are scattered through several legal texts, regulate different aspects of property rights, and often refer to institutions that no longer exist. This paper focuses on the specific issues affecting property law in Kosovo, a sector where international organizations and bilateral cooperation are massively intervening. While assessing legal acts in force and data collected on the field, the author argues how, for an effective reformation of the sector, a clear and coordinated strategy will have to be adopted by the two main donors which, in the next few years, will be launching several technical assistance contracts. Comparing European best practices with the proposed intervention suggested by the European Union and USAID will also give the chance to illustrate how a strict adherence to ECHR standards in the field of property, as the Constitution of Kosovo requires, will bring to light problems already seen in other European countries, that is to say a clash between domestic civil legislation on property, on the one hand, and the case-law of the European Court of Human Rights on Article 1 Protocol 1, on the other. The author will also notice that the tendency to adopt a too political approach, typical of international organizations and donors, in an area characterized by legal principles of a more technical nature, will be cause for additional confusion.
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Havel, Sean. "Strategic Power Europe: A Contradiction in Terms?" Canadian Journal of European and Russian Studies 15, no. 2 (December 23, 2022): 25–54. http://dx.doi.org/10.22215/cjers.v15i2.3284.
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As of 2021, the European Union (EU) is now a foundational part of Europe’s defense architecture, with programmes such as PESCO now enabling the EU to organise civil-military responses to crise and coordinate the defense-planning cycles of 25 European countries. This article asks why EU member states have opted to use the EU to enable their capabilities and manage ongoing security crises? In answering this question, the article uses a pluralistic reading, utilising realist and liberal-intergovernmentalist frameworks to assess complementary hypotheses for this cooperation. The second part assesses the state of the international system, concluding its increasing insecurity has prompted a collective awareness that a more strategic response to collective security is necessary. The third part evaluates the role of the political and economic balance of bargaining power between EU member states, assessing Germany, France, and Poland as case studies. The paper concludes briefly on the implications of this cooperation and the need for pluralistic readings of EU defense cooperation.
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Kirilenko, Viktor P., and Georgiy V. Alexeyev. "Political technologies and international conflicts in the information space of the Baltic Sea region." Baltic Region 10, no. 4 (2018): 20–38. http://dx.doi.org/10.5922/2079-8555-2018-4-2.
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The information space of the Baltic region has gradually developed since the free exchange of cross-border messages was made possible by media technology and international law. The international conflict between Russia and some countries of the European Union has become a factor hampering its sustainable development. Moreover, the conflict has adversely affected the functioning of many civil society institutions in the Baltic Sea region. This study focuses on the publications in the scientific media associated with the political technologies that may provoke conflict but must contribute to good-neighbourly relations in the region. We carry out a comprehensive political analysis and a specific examination of the Western scientific media to develop a package of measures that Russia can take to counter the conflictprovoking influences in the region. The current condition of the regional information space and information operations aimed at inciting Russophobia and forcing Russia out of the European political process is indicative of the politicisation of social sciences and the humanities and of the mythologisation of the policies of the regional social structures. The conflict must be urgently resolved, since the political technologies, which cause instability in the information space, damage the reputations of all the states involved. To reconcile the differences that underlie the information conflict in the Baltic region it is necessary to take into account common interests. There is a pressing need to join efforts in solving the challenging social problems that cannot be overcome without either international cooperation among the countries or effective social partnership.
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Krupchan, Alexander, and Alexander Gaydulin. "Europeanization of private law as a hermeneutic and civilistics problem: an approach to the interpretation law institutionalization." Legal Ukraine, no. 11 (November 29, 2019): 21–30. http://dx.doi.org/10.37749/2308-9636-2019-11(203)-3.
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The article deals with the problems of the civilistic institutionalization of the interpretation law in the context of the Europeanization of private law. The basis of this study is the application of civilistic methods to investigate this problem. This article deals with the comprehensive study of the legal integration of the private law systems of the EU Member States and other European countries. In Comparative Law, this process is called Europeanization of private law. This is a broad topic that raises many questions. The issue of Europeazation of private law is an extremely multi-faceted problem. The current economic crisis is a challenge for the Europeanization of private law. There is a need to exchange experience in interpreting the concept of European Private Law after the 2016 Brexit referendumand to propose a common way of a coherent Europeanization policy strategy on this basis. In this context, Europeanization can be defined equally simply and broadly as a type regional international integration. However, this meaning is not so simple. Suddenly, after the 2016 Brexit, EU self-identification with all Europe is destroyed by one act. All this happened because level of European Union identification was very excessive. European academic lawyers spoke about it previously. In particular, it was stressed that they do not subscribe to the overly European Union-centric notion «Europe» that the term «Europeanization» implies. However, they went along with the widely used term «Europeanization», while noting its obvious inaccuracy. The «extremist wing of the Europeanization brigade» have tended to view the European states as little more than passive recipients duly implementing dictate of Brussels. Now Europeanization of private law for all EU member states should be understood as the «EU-ization», but it should take the form of a legal harmonization too. Europeanization of private law for all States, including Ukraine, should be interpreted as the legal cultural process or the common base of the harmonization of laws. And for this purpose academic lawyers should use this term as referring to the cross-culture comparing of legal paradigms at the domestic level. These paradigms could be the keys for understanding the legal convergence problem. They go to the very heart of the national (domestic) legal systems in Europe. Under these conditions, the concept of codification of private law in the form of a European civil code is hopelessly outdated. More promising is the way to approximate the mechanisms of legal interpretation. Indeed, there are all indications of the formation of a new civilistic institute, called the right of interpretation. This institute comes from ancient Roman ius interpretatio. That is why this modern institutionalization is a reception of Roman law interpretation. The article concludes that a coherent methodology is needed to clarify the process of institutionalizing the law interpretation. Therefore, there is a need to develop a new type of doctrine – the civilistic theory of law of interpretation. Key words: European private law, Europeazation of private law, law of interpretation, doctrine, civilistic methodology.
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Голованова, Наталья, and Natalya Golovanova. "Confiscation as Necessary Response to Acquisitive Crime." Journal of Russian Law 3, no. 7 (June 25, 2015): 0. http://dx.doi.org/10.12737/11754.
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This article is dedicated to the issues of foreign successful experience in legislative regulation of asset forfeiture mechanisms resulting from offenses. Modern states increasingly use different types of confiscation to deprive criminals of any proceeds derived from their offenses. It can be confiscation with criminal conviction, non-conviction based confiscation in rem. Application of civil procedure methods transfers the burden of proof to the defendant. Though confiscation in rem cannot replace criminal forfeiture. The author concludes that at the present time there occurs transformation of different types of confiscation, their enhancement. Particular emphasis is laid on extended confiscation. This type of confiscation allows using similar methods which are used in civil proceedings. Under the influence of international laws extended confiscation is implemented and used in the European criminal law on a large scale, which demonstrates tendencies to unification. On the basis of the analysis of the legislation on forfeiture of illicit assets in several countries in recent years (Great Britain, Australia), the author concludes that there are significant changes in the traditional approach to this institution. One can say that the scope of the institution expands and undergoes modifications in various jurisdictions. Extended confiscation of an offender’s assets, if the crime was committed out of selfish motives, is a fair public response. It is necessary to introduce this type of confiscation in Russia.
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Solovei, A. "Features of the legal regulation of the adoption of children by foreigners according to the family legislation of foreign countries." Uzhhorod National University Herald. Series: Law 1, no. 72 (November 16, 2022): 161–65. http://dx.doi.org/10.24144/2307-3322.2022.72.27.
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In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of the adoption of children by foreigners, primarily according to the legislation of the European Union states and states adjacent to Ukraine. Based on the conducted research, the author came to the conclusion that in the practice of states adjacent to Ukraine and states members of the European Union, there are three approaches to determining the procedure for adopting children by foreign citizens: through the definition of a national regime for foreigners, similar to that which exists for citizens of the relevant state (Latvia); through the determination of conflicts of laws with respect to the law applicable to adoption, which are defined in civil codes (Germany, France, Czech Republic) or separate laws on international private law (Spain, Switzerland); due to the establishment of a separate procedure for adoption (Bulgaria, Belarus, Moldova, Ireland) or an exceptional case of adoption of a child by foreigners using the same procedure for adoption, as with national adoption (Poland, Hungary). In the latter case, the possibility of international adoption is provided, if the child, after being transferred to a foster family, was not adopted in the state of his/her citizenship, because the measures taken to adopt the child were not successful, moreover, in Poland, exceptions to this rule are provided when there is a kinship relationship between the adopter and the adopted child or if the adopter has already adopted a brother or sister of the child being adopted. In the Republic of Bulgaria, foreigners wishing to adopt a child must obtain a permit for international adoption from the Minister of Justice, in the Republic of Belarus - in addition to the written permission for adoption from the Minister of Education, it is also necessary to obtain the child's consent for adoption, the child's stay in the relevant register for a year and the absence of an initiative by citizens of Belarus to adopt a child. In the case of international adoption of citizens of the Republic of Moldova, the ethnic origin of the child, his/her belonging to a certain culture, religion, language and other features that deserve attention must be taken into account; persons wishing to adopt a child must submit a special application - for international adoption, to the Ministry of Health, of Labor and Social Protection of the Republic of Moldova and the Department of Social Security and Protection of Family Rights as territorial guardianship bodies carry out preliminary and final selection of foreigners who wish to adopt a child who is a citizen of the Republic of Moldova.
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Grigorescu, Paul. "Legislative aspects at national and international level regarding the exploitation of gold-silver deposits." MATEC Web of Conferences 373 (2022): 00062. http://dx.doi.org/10.1051/matecconf/202237300062.
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In Romania, mining is a historical, traditional occupation, attested since antiquity, when the Romans came here to extract gold and other base metals from the underground mines in our mountains. The exploitation of gold and silver deposits is still important for the economic and social development of the country. Generally, these ores are essential for modern life, so their exploitation must be regulated so as to respond effectively to these needs. Legislation in this field has an important role in promoting and supporting the exploitation of gold and silver deposits. Nationally, the mining activity is regulated by the Mining Law no. 85/2003, a law which, from my point of view, does not effectively ensure the mechanisms on the basis of which the capitalization of mineral resources should be done as smoothly as possible. At European Union level, the legislation contains a wide range of obligations and rights regarding the mining of natural resources and deposits, which the competent public authorities in the Member States must enforce. In countries with tradition in the field of gold-silver mining, the laws referring to the extractive sectors are developed in accordance with the interests of the citizens. This system provides sufficient opportunities for civil society participation in decision-making. This paper identifies the main legislative aspects that can be improved to create a fair legal framework for the exploitation and capitalization of precious metal deposits in Romania.
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Rushchenko, Ihor. "Civilizational values of EU countries, Russia, and Ukraine (based on the expert survey)." Sociology: Theory, Methods, Marketing, Issue Stmm 2020 (2) (May 15, 2020): 72–89. http://dx.doi.org/10.15407/sociology2020.02.072.
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The article discusses the differences between societal values in the European Union, the Russian Federation and Ukraine. According to the author's hypothesis, the current Russian-Ukrainian hybrid war is triggered not by interests but by the idea of imposing and maintaining the dominance of certain values. The empirical basis of the research is derived from a poll of experts conducted by the author during the II Kharkiv International Security Forum on November 29–30, 2019. As a part of survey methodology, a group of experts (50 respondents) was asked to assess the importance of societal values from the list (which consisted of 30 positions) in accordance with three locations — the EU countries, the Russian Federation, and Ukraine. A seven-digit ordinal scale (0 to 6) was used for evaluation. The list includes social values that are (or are not) essential for building a certain type of a social system. The findings of the study demonstrate that the top-10 social values in the EU and the Russian Federation are completely different. The EU countries: 1) Rule of Law, 2) Human Rights, 3) Private Property, 4) Democracy, 5) Person as Such, 6) Peaceful Existence, 7) Economic Efficiency, 8) Self-Identity (Me), 9) Liberty, 10) Civil Society. RF: 1) Victory in World War II, 2) National leader, 3) Army, 4) State, 5) Vodka, 6) Social Hierarchy, 7) Ideology, 8) Money, 9) Church, 10) Violence. The Ukrainian society occupies an intermediate position between the European and Russian civilization systems. The top-10 values in Ukraine are: 1) Money, 2) Freedom, 3) Army, 4) Children, 5) Peaceful existence, 6) Family, 7) Land, 8) Democracy, 9) Church, 10) State. The Ukrainian value system has not been fully developed, and the survey revealed that there is a shift of the value system towards the values of the united Europe. The dominant values in the EU countries are humanistic in their principles and create the foundation for the development of civil society. Meanwhile the principal Russian values are focused on strengthening the militarized state and rejection of European tradition by Russian society.
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Osmanaj (Shyti), Enejda. "Copyright Protection in Albania – A Brief Historical Overview." European Journal of Social Sciences Education and Research 3, no. 1 (April 30, 2015): 8. http://dx.doi.org/10.26417/ejser.v3i1.p8-17.
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Human creativity flourishes in a suitable environment, which is provided by the existence of an efficient legal system of copyright protection. In general, copyright is protected on national basis therefore the scope of protection and the requirements that must be met to ensure the protection of works and creations, differ from one country to another. Albania has its own legislation for copyright protection, as most of European countries. This paper is a historical overview of copyright legislation development in Albania. History has undeniable impact in a country's legislation. So, Albanian copyright legislation has been changed and improved from stages to stages. Copyright has found protection in Albania’s legislation, initially during the time of King Zog’s Ist (1925-1939) Reign. The Civil Code (1929) marks the first strands of copyright protection in Albania. This Code is referred to the best European legislations of the time. During the communist regime private intellectual creations and works could not be privately owned. The copyright belonged to the state. The government and the totalitarian Albanian state of that time decided to reproduce the work, or allow translation into foreign languages as well as the creation of derivative works. The Civil Code of the Republic of Albania (1981) came into force with new provisions that provided recognition and protection of copyright. After the collapse of the communism the recognition of private property was re-appeared. The authors and creators became owners of their works/performances. Firstly, Albanian Parliament adopted the law no. 7564, dated 19.05.1992 “On copyright”. Thirteen years later, the parliament enacted the Law no. 9380, dated 28.04.2005 “On copyright and other rights related to” that incorporated the provisions of the European Union Directives on Copyright Protection. Currently, the protection of copyright is provided even through some provisions of other legal acts, such as: Constitution of the Republic of Albania (1998), law no.7961/1995 “On the Labor Code of the Republic of Albania” (amended), Law no. 7895 /1995 “Criminal Code of the Republic of Albania” (amended), Law no. 7859 /1994 “On the Civil Code of the Republic of Albania” (amended) etc. In addition to the national legislation, Albania has ratified a number of international acts, which intend to protect copyright etc.
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Kochenov, Dimitry. "EU Influence on the Citizenship Policies of the Candidate Countries: The Case of the Roma Exclusion in the Czech Republic." Journal of Contemporary European Research 3, no. 2 (September 20, 2007): 124–40. http://dx.doi.org/10.30950/jcer.v3i2.43.
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Although the persons of Roma ethnicity who were deprived of the Czech citizenship upon the split of the Czech and Slovak Federation by controversial law No. 40/1993 were not in the end left stateless, the Commission can be reproached for not using the influential position it enjoyed in the course of the pre-accession process preceding the fifth enlargement of the European Union (1 May 2004) in order to insist that the Czech Republic alter its ethnically-biased citizenship policy. Although some steps in this direction were taken by the Commission, they fell short of addressing the whole range of discriminatory provisions of this Czech legislation preventing the former Czecho-Slovak citizens of Roma ethnicity from becoming citizens of the Czech Republic. In Addition to the overall ineffectiveness of its pre-accession promotion of equal access to Czech citizenship of all permanent residents of the Czech Republic their ethnic origin notwithstanding, the Commission made a controversial decision to treat the exclusion from citizenship which was de facto based on ethnicity as a ‘civil and political’ rights issue, rather than a minority rights issue. This dubious decision, allowed the Commission to distinguish its pre-accession involvement in the reforms in the Czech Republic on the one hand, and in Latvia and Estonia on the other, where the exclusion of ethnic minorities from the access to citizenship was regarded as a key issue pertaining to the protection of minority rights. The ill-articulated position of the Commission is due, this paper suggests, mainly to the limitations on the EU’s involvement in the Member States’ citizenship domain and de facto comes down to the application of different pre-accession standards to different minority groups in the candidate countries. To ensure genuine protection of ethnic minorities in the Member States-to-be, the EU has to alter its approach to the issues of ethnicity-based exclusion from citizenship in the course of the future expansions of the Union.
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Pajtić, Bojan. "The right to environmental protection in Serbia: Between ethics of good intention and ethics of responsibility." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 1063–82. http://dx.doi.org/10.5937/zrpfns55-30732.
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The paper focuses on formal and practical problems in the field of environmental protection, which occur as a consequence of omissions of the legislative and executive authorities in Serbia. The text analyzes the positive legislation and compliance of domestic legal regulations with international declarations and conventions ratified by our country (from the Stockholm Declaration and the Council of Europe Convention on Civil Liability for Damage Caused by Dangerous Activities to the Environment to the Rio Declaration), as well as with European Directives (EU Directive on Industrial Emissions) and Regulations (Regulation No. 525/2013 on monitoring and reporting of greenhouse gas emissions and reporting on other information relevant to climate change). The candidacy for equal membership in the European family of nations obliges the Serbian Parliament and the Government to make additional efforts in the direction of harmonizing our law with the European one. The paper takes a de lege ferenda approach, so the author explains the need to amend a number of laws, such as the Law on Environmental Impact Assessment, the Law on Strategic Environmental Assessment, the Law on Fees for the Use of Public Goods and the Law on Budget system, as well as the enactment of the Law on Climate Change and the Serbian Civil Code as soon as possible (in which dilemmas that hinder the subjects of law in using the environmental lawsuit as an instrument of environmental protection should be resolved). An unacceptable deviation from one of the fundamental principles established by the Rio Declaration was pointed out, which brings with it a number of structural problems and the inability of both the Green Fund institutions and a number of organizations that focus on ecology. The consequences of the discrepancy between the intentions proclaimed by the Constitution of Serbia and the National Strategy of Serbia for the accession of Serbia and Montenegro to the European Union from 2005 on the one hand and the absence of adequate legislative and executive activities in environmental protection, on the other hand, are obvious in the reports of the European Commission and the European Environment Office, as well as in the health risk and increased mortality of a large number of citizens of Serbia and other European countries, due to harmful emissions that cause pollution of air, water and soil in our country. In addition to the proposals for changes in the formal framework in the field of environmental protection, the paper points out the need to use those mechanisms of civil protection, such as environmental lawsuits (established by the Law on Obligations 1978), which is, by its nature, actio popularis and in that sense accessible to the widest range of subjects. The defense of the standards established by the Kyoto Protocol and the Basel Convention would, through the extensive use of this procedural instrument, be placed not only in the hands of representatives of the legislature and the executive, but also, the judiciary (conditionally, of course, because courts can decide only initiate a civil action, but not on its own initiative).
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Myers, Rodd, Rebecca L. Rutt, Constance McDermott, Ahmad Maryudi, Emmanuel Acheampong, Marisa Camargo, and Hoàng Cầm. "Imposing legality: hegemony and resistance under the EU Forest Law Enforcement, Governance, and Trade (FLEGT) initiative." Journal of Political Ecology 27, no. 1 (March 28, 2020): 125–49. http://dx.doi.org/10.2458/v27i1.23208.
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Timber legality trade restrictions and verification are a bundle of contemporary mechanisms triggered by global concerns about forest degradation and deforestation. The European Union Forest Law Enforcement, Governance and Trade initiative is a significant effort to not only screen out illegal timber and wood products from the EU, but also support trading partner countries to improve their legality definitions and verification processes. But by using bilateral agreements (Voluntary Partnership Agreements) as a key mechanism, the EU legitimizes trade partner nation-states as the authority to decide what is legal. We engage in a theoretical debate about the complexities of the meaning of legality, and then analyze empirical data collected from interviews in Ghana, Indonesia, Vietnam and Europe with policy, civil society and industry actors to understand how different actors understand legality. We find hegemonic notions of Westphalian statehood at the core of 'global' notions of legality and often contrast with local understandings of legality. Non-state actors understand these hegemonic notions of legality as imposed upon them and part of a colonial legacy. Further, notions of legality that fail to conform with hegemonic understandings are readily framed by nation-states as immoral or criminal. We emphasize the importance of understanding these framings to elucidate the embedded assumptions about what comprises legality within assemblages of global actors.Key words: FLEGT, timber legality, hegemony, power, globalization
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Kashkin, S. Yu. "Artificial Intelligence and Robotics: The Possibility of Invasion of Human Rights and Legal Regulation of these Processes in the EU and the World." Lex Russica, no. 7 (July 31, 2019): 151–59. http://dx.doi.org/10.17803/1729-5920.2019.152.7.151-159.
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The paper analyzes the dangers faced by man and modern society in the light of the development of artificial intelligence and robotics in the fourth industrial revolution. The author examines the areas of human rights that are threatened by these advances in science and technology in case they are not properly monitored and regulated through legal advances. The historical and regional aspects of legislative regulation of the use of artificial intelligence units and robotics are investigated. Prospects of collision of artificial intelligence units with interests of the person and mankind, and also possible legal mechanisms of the resolution of the conflicts arising between them are analyzed. Using the methodology of comparative law, integration law, international law, analysis and synthesis, the author considers the latest documents of the European Union, EU member States, the United States, Russia, China, South Korea and other most representative countries of the world aimed at effective legal regulation of this promising area of development of modern law. The paper provides an analysis of the main trends in the evolution of modern law of science and technology that affect the life and realization of human and civil rights at the national, supranational and international level and the peculiarities of their legal regulation. The research is carried out on the interdisciplinary combination of elements of comparative law, integration, international and national law with reference to philosophy, sociology, history and prognostics. Conclusions are drawn on the possibility of using the world scientific achievements for the long-term development of the law of the Russian Federation. It is also possible to apply positive foreign experience of legal regulation of artificial intelligence and robotics adapted to the conditions of integration organizations with the participation of the Russian Federation.
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KOSTRUBA, Anatoliy V. "The Notion and Attributes of Right – Terminating Legal Facts." Journal of Advanced Research in Law and Economics 10, no. 1 (March 31, 2019): 254. http://dx.doi.org/10.14505//jarle.v10.1(39).26.
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The paper shows that the basis for the formation of the right-terminating legal facts is laid by the understanding of what should be included in the domain of these facts. The authors demonstrate that the target for understanding the nature of right-terminating legal facts is the development form based on participation of the civilians in the legal relations. As the basis, the authors highlight the civil property legal relations. The paper underlines that the need for this emerges only in case the necessary environment is formed, which strives for self-realization and integrity, contributing to the higher integration of the state into the international structures and increase in the life quality of the population due to the increase in its legal culture. The novelty of the research is defined by the authors in the fact that they have first taken the measures aimed at the general regulation of the legal standards and systemic values of the legal culture of the country. It is noted that the same measures and forms are applied in the developed countries of the European Union. The authors include into the formation of integral environment the perceptions of the legal sources by the population, as well as define the possibility of stratification of the earlier set tasks on the regulation of the forms and methods of the civilians’ participation in court sessions.