Academic literature on the topic 'Conflict of laws – European Economic Community countries'
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Journal articles on the topic "Conflict of laws – European Economic Community countries"
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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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Lubis, Syaravina. "Transformation Of The EU Law Related To The Etabilishment Of National Law In The England In The Law Perspective Of International Organizations." Journal of Law Science 4, no. 1 (January 30, 2022): 46–37. http://dx.doi.org/10.35335/jls.v4i1.1699.
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The economic upheaval of a country is one of the reasons for the formation of an international organization, namely the European Union. The goal of the European Union itself is to promote through the community the harmonious, sustainable development of economic activity, steady improvement, rapid improvement of living standards, quality of life and closer relations between member states. This research has a problem formulation consisting of the transformation of EU law into law in the member states of the European Union, the transformation of EU law in the UK, and a challenge as a legal effort related to the transformation of EU law in the UK according to International Organization Law. This study uses a normative juridical research method. The results of the research on the transformation of European Union Law into National Law of member countries, namely by establishing Regulations, Directives, Decisions that must be applied in member countries. EU law has the supremacy of overriding the National Laws of member states. The transformation of European Union Law in the UK began with the agreement of the European Communities Act 1972 which was the UK's ratification of EU Law. Challenge as a legal remedy related to the transformation of European Union Law in the UK is permitted under Articles 230 and 232 of the European Union Agreement, namely by submitting a complaint to the national court in accordance with the time specified to carry out the challenge, this challenge action can end with an amendment. The conclusion of the research is the transformation of European Union Law in member countries in the form of Regulations, Directives, and Decisions. The European Union Law Transformation in the UK is regulated through the European Communities Act 1972. Challenge as a legal remedy related to the transformation of EU Law in the UK is allowed in order to create a good implementation. Suggestions related to research is that it is better to ensure that the transformation of European Union Law has been implemented as intended. The transformation of EU Law in the UK should ensure that UK National Law can be waived in the event of a conflict with EU Law which is immediately effective. Conduct in-depth negotiations, ask for opinions from representatives of each member country so that unity is achieved to facilitate the implementation of European Union Law in member countries and minimize challenges to European Union Law.
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Petrushenko, Yuriy, Fedir Zhuravka, Vladyslav Shapoval, Lyudmila Khomutenko, and Olena Zhuravka. "Sustainable socio-economic development and Rainbow Europe Index." Problems and Perspectives in Management 19, no. 4 (December 21, 2021): 408–21. http://dx.doi.org/10.21511/ppm.19(4).2021.33.
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The issues of recognizing the rights of the LGBTQ+ community around the world and developing appropriate anti-discrimination policies and laws are one of the main topics for discussion in the global agenda. This is due to the commitment of the world community to protect human rights and meet the needs of society. The paper aims to assess the relationship between socio-economic development indicators of some European countries and the Rainbow Europe Index. To find out how discrimination against the LGBTQ+ community affects various social and economic development indicators of some European countries, a data matrix was developed and the Spearman rank correlation coefficient was calculated. The obtained results confirmed a positive relationship between the Rainbow Europe Index and GDP per capita, the Human Development Index, the Corruption Index, and the Index of Happiness. Calculations have shown that the Rainbow Europe Index had a significant impact on these indicators. The study proved the dependence of indicators and demonstrated the need to provide freedoms and rights for LGBTQ+ affiliated members in Ukraine and other European countries. AcknowledgmentThis paper is published as a part of research projects “Convergence of economic and educational transformations in the digital society: modeling the impact on regional and national security” (No. 0121U109553) and “Reforming the lifelong learning system in Ukraine for the prevention of the labor emigration: a coopetition model of institutional partnership” (No. 0120U102001).
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Alpa, Guido. "European Community Resolutions and the Codification of ‘Private Law’." European Review of Private Law 8, Issue 2 (June 1, 2000): 321–34. http://dx.doi.org/10.54648/268927.
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Alpa provides an examination of the problems and prospects for the development of a European private law. As a protagonist of the harmonisation of private law through codification, he first identifies the work in progress and some of the broad issues that have had to be addressed (such as the need to develop rules that transcend national characterisations of sphere of private law and the distinction between civil and commercial laws). He then sets out the advantages of a unified private law: rules in conflict between themselves in the various countries of the European Union can develop as a real market hindrance, while uniform private law rules emerge as conditions precedent for the implementation of the single market. Projects directed towards the harmonisation of private law through codification have faced various criticisms. Alpa tries to address these. He notes first the trend towards convergence of (some aspects of) national laws that has been observed by comparative lawyers and the existence of unifying frameworks such as the constitutional law of the EU and the European Convention on Human Rights. He then briefly addresses three particular issues: (i) the problems allegedly created by the difference between common law and civil law structures, (ii) claims concerning value of legal pluralism and the undesirability of eliminating national cultural characteristics, and (iii) the argument that techniques of harmonisation other than the drafting of a Civil Code are more appropriate. The paper concludes with a note on issues of the drafting and structure of a possible future Code.
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Zielke, Rainer. "Anti-avoidance Legislation of Mayor EC Member Countries with Reference to the 2014 Corporate Income Tax Burden in the Thirty-Four OECD Member Countries: Germany, France, United Kingdom, and Italy Comp." EC Tax Review 23, Issue 2 (March 1, 2014): 102–15. http://dx.doi.org/10.54648/ecta2014011.
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Despite continuous instability in the European Community (EC) its mayor countries Germany, France, the United Kingdom, and Italy exhibit continuously economic growth and stability. According to the International Monetary Fund these European countries have - in this order - the highest gross domestic product in the European Community in 2012. In this article anti-avoidance legislation of - according to the gross domestic product - the four most important EC countries will be reviewed with reference to the tax differential to the thirty-four OECD Member Countries. The pivotal question is, therefore, to what extend can internal tax planning with mayor European countries be optimized by inclusion of anti-avoidance legislation. This article outlines the objectives and concepts of international tax planning with regard to anti-avoidance legislation and provides an overview of the concepts, laws and rules of anti-avoidance legislation in mayor EC Member Countries. After that the advantages and strategies of international tax planning with regard to anti-avoidance legislation in mayor EC Member Countries are deducted where an overview on anti-avoidance legislation of mayor EC Member Countries is provided - also with regard to new tax legislation - and locations for subsidiaries and for parent companies are reviewed. Finally, the concluding remarks are presented. Transfer pricing will not be reviewed here.
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Ahmeti, Dr Sc Skender, BSc Feste Gjonbalaj, BSc Ejona Blyta, and BSc Laura Lumezi. "Corruption and Economic Development." ILIRIA International Review 2, no. 1 (June 30, 2012): 91. http://dx.doi.org/10.21113/iir.v2i1.164.
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There is no sustainable economic development without a functioning rule of law. Besides sustainable economic policies like low interest rates, low inflation, low budget deficit, reasonable taxes and economic freedom for business development, the necessary ones for country’s economic growth are functioning of state institutions, support and development of reforms as well as successful fight against corruption.Corruption is a phenomena often encountered and spread in countries that have problems with rule of law as well as with judiciary system. Corruption manifestation is inevitable in circumstances when state institutions are weak. The phenomena is especially problematic in countries that go through transition periods since these countries are often characterized as nonefficient in fighting this phenomena1 . Countries in transition continue to have the image of countries with high level of corruption, which causes serious crisis from local opinion and continuous demand from international community due to the unsuccessful fight against this malevolence.World Bank considers corruption as the biggest obstacle in the fight for poverty eradication, since it undermines the rule of law, weakens state institutions and most of all it affects the poor. Politically, it undermines democracy and good governance, economic equal growth and development, as well as people’s trust in state institutions.Lately, several anti-corruption laws have been adopted in Kosovo, but they have not been implemented in practice and were not sufficient in fight against corruption. Kosovo’s long lasting dream of integrating in European Union, necessarily demands to built and functionalize anti-corruptive measures with priority, as a fundamental precondition for EU pre-accession process
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Riak PhD, Gabriel Alier, and Dut Bol Ayuel Bill. "GOOD GOVERNANCE INITIATIVE IN THE LESS DEVELOPMENT COUNTRIES." IJRDO - Journal of Social Science and Humanities Research 8, no. 11 (November 5, 2022): 85–86. http://dx.doi.org/10.53555/sshr.v8i11.5374.
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For the European Union and UNDP (2006), the quality of governance is ultimately attributed to its democratic content. Thereby the promotion of ‘democratic governance’ is a core element in their development assistance strategy. UNDP argues that human development and governance are inseparable. From the human development perspective UNDP has stated that ‘good governance’ is ‘democratic governance. According to Brandi (2008), Democratic Governance is the glue that holds all the other development priorities set out across the MDG’s together. In post-conflict societies it is much advocated by the international community that democratic systems provides the best mechanisms for reconciliation and are the best guarantors of lasting peace (Brandi &Clara, 2008).
According to Boex, Kimble and Pigey (2010), a government is essential to providing security, justice, economic, and social functions and to channeling the will, energies, and resources of both the indigenous population and the international community. According to Shah (2006), governments support peace building through encouraging institutional participation in peace building and democratic process of their countries.
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Wahlbeck, K. "European comparisons between mental health services." Epidemiology and Psychiatric Sciences 20, no. 1 (March 2011): 15–18. http://dx.doi.org/10.1017/s2045796011000060.
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When developing accessible, affordable and effective mental health systems, exchange of data between countries is an important moving force towards better mental health care. Unfortunately, health information systems in most countries are weak in the field of mental health, and comparability of data is low.Special international data collection exercises, such as the World Health Organization (WHO) Atlas Project and the WHO Baseline Project have provided valuable insights in the state of mental health systems in countries, but such single-standing data collections are not sustainable solutions. Improvements in routine data collection are urgently needed. The European Commission has initiated major improvements to ensure harmonized and comprehensive health data collection, by introducing the European Community Health Indicators set and the European Health Interview Survey. However, both of these initiatives lack strength in the field of mental health. The neglect of the need for relevant and valid comparable data on mental health systems is in conflict with the importance of mental health for European countries and the objectives of the ‘Europe 2020’ strategy.The need for valid and comparable mental health services data is today addressed only by single initiatives, such as the Organisation for Economic Co-operation and Development work to establish quality indicators for mental health care. Real leadership in developing harmonized mental health data across Europe is lacking. A European Mental Health Observatory is urgently needed to lead development and implementation of monitoring of mental health and mental health service provision in Europe.
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Lakishyk, Dmytro. "The world community support in the becoming of sovereignty of Ukraine on Donbas: forms, expenses and opportunities." European Historical Studies, no. 11 (2018): 129–47. http://dx.doi.org/10.17721/2524-048x.2018.11.129-147.
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The article examines the forms of support for the international community of Ukraine in restoring its sovereignty in Donbas. The current achievements and further perspectives in the settlement of the conflict in eastern Ukraine have been analyzed. It is noted that Russian aggression on the territory of Ukraine has shaken the foundations of the European security system and has shown outdated approaches and ineffective mechanisms of functioning of international security structures. It is alleged that at the initial stages of the conflict in the east of the Ukrainian state, the world community has demonstrated its solidarity with Ukraine. A number of countries have formed an informal association in support of the independence and territorial integrity of the Ukrainian state (over 30 countries have entered; international organizations are Amnesty International, Human Rights Watch, etc.; military-political unions – NATO, EU, PACE, OSCE, etc.; financial and economic institutions – IMF, EBRD, World Bank, etc.). It is noted that the introduction of UN peacekeepers in order to stabilize the situation in the east of Ukraine is currently at the stage of the project and is directly related to the urgency of reforming the imperfect system of functioning of the international organization. Instead, active non-military international support (political, economic, humanitarian, etc.) of Ukraine by the international community is now quite effective and efficient.
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Zavalna, Zhanna, and Mykola Starynskyi. "CONTRACTUAL DELEGATION OF SOVEREIGNTY IN SUPRANATIONAL ENTITIES." Global Prosperity 2, no. 1 (July 25, 2021): 29–36. http://dx.doi.org/10.46489/gpj.2021-1-2-5.
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The article analyses the agreement basis for state sovereignty as established and implemented in the European Union. The research aims to study the agreement-based regulation used by the EU Member States to create a stable position of Ukraine on its way to becoming a member of the European Union. The research allowed finding out that the member states do not transfer their powers in their economic and social fields but only delegate them. The analysis of the treaties concerning the establishment and functioning of the European Union proves the existence of specific organisational and legal intervention measures that the countries agree to when joining the treaty union. The agreement-based rearrangement of powers between the EU and its member states lets the latter obtain their special legal personalities regarding the conclusion of agreements among themselves and at the same time preserve complete economic sovereignty in their relations with the countries that are not member states of the EU. When joining the European Union, its member states voluntarily and on a negotiable basis agree to certain restrictions and prohibitions binding in their economy. Furthermore, the EC Treaty provides for the improved protection of interests for the economic community as compared with the protection of national interests of the member states though it is not excluded that the latter can be taken into consideration when adopting the national laws of a member state to the EU legislation.
Dissertations / Theses on the topic "Conflict of laws – European Economic Community countries"
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CARTEI, Gian Franco. "Gli accordi di programma nel diritto comunitario e nazionale." Doctoral thesis, 1989. http://hdl.handle.net/1814/5499.
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O'CONNOR, Bernard. "European Community law and modern trends in the law of arbitration." Doctoral thesis, 1986. http://hdl.handle.net/1814/5662.
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VONK, Olivier. "Dual nationality in the European Union : a study on changing norms in public and private international law and in the municipal laws of four EU member state." Doctoral thesis, 2010. http://hdl.handle.net/1814/15386.
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Defence date: 19 November 2010Examining Board: Rainer Baubock (EUI); Gerard-René De Groot (Universiteit Maastricht); Marie-Ange Moreau (Supervisor, EUI); Bruno Nascimbene (Università degli Studi di Milano)
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The main objective of this study is to examine the phenomenon of dual nationality in the European Union (EU), particularly against the background of the status of European citizenship - a status that is linked to the nationality of each EU Member State (Article 20(1) of the Treaty on the Functioning of the European Union provides that ‘citizenship of the Union shall be additional to and not replace national citizenship’). The study consists of two parts. The first part (Chapters 1 and 2) sets out the approach towards (dual) nationality in Private International Law and EU Law, in particular by analyzing the case law of the European Court of Justice (ECJ). The second part (Chapters 3- 6) consists of an overview of the dual nationality regimes in four EU Member States - France, Italy, the Netherlands and Spain -, and their possible effects on the EU as a whole. Chapter 2 of the thesis is entitled the ‘intra-EU context’, since it primarily deals with the ECJ’s approach towards a dual nationality consisting of two Member State nationalities. The country reports, on the other hand, deal with the ‘extra-EU context’ because the dual nationality policies of the countries under consideration predominantly affect non-Member State nationals. Thus, France and the Netherlands have for some time already faced the question how to integrate the (Muslim) immigrant population; Italy and Spain have long since adopted a system of preferential treatment for (Latin American) former emigrants and their descendants. The country reports demonstrate how dual nationality is used (or rejected) in these four countries. Finally, the question whether the EU should in time acquire (limited) competence in the field of European nationality law is one of the major themes of this study. Regardless of one’s stance on this question, it must be readily admitted that the subject of Member State autonomy in nationality law is becoming ever more salient with the enlargement of the Union and the growing relevance of European citizenship in the case law of the ECJ. In the opinion of this author, the study shows that the almost absolute autonomy of Member States in the field of nationality law is becoming increasingly problematic for the EU as a whole. Based inter alia on the findings from the country reports, this thesis takes the position that there is arguably a need for the (minimum) harmonization of European nationality laws.
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HÖS, Nikolett. "Governance and minimum harmonisation in the field of European labour law and social policy." Doctoral thesis, 2011. http://hdl.handle.net/1814/16058.
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Defence Date: 20 January 2011Examining Board: Prof. Marie-Ange Moreau (European University Institute); Prof. Marise Cremona (European University Institute); Prof. Catherine Barnard (University of Cambridge); Prof. Claire Kilpatrick (London School of Economics and Political Science)
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MATAIJA, Mislav. "Private regulation, competition and free movement : sport, legal services and standard setting in EU economic law." Doctoral thesis, 2013. http://hdl.handle.net/1814/29605.
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Defence date: 18 November 2013Examining Board: Professor Petros C. Mavroidis, EUI (Supervisor); Professor Giorgio Monti, EUI; Professor Allan Rosas, Court of Justice of the European Union; Professor Stephen Weatherill, University of Oxford.
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The thesis studies the application of EU free movement law and competition law to private regulation, understood as rule-setting, implementation and/or enforcement by private actors, whether on their own or in partnership with State bodies. Such private or co-regulatory schemes can be a beneficial way of achieving various public interest aims. They may also, however, restrict trade or competition. I argue that free movement (Chapter 2) and competition (Chapter 3) rules have been used as a form of meta-regulation, affecting the way private regulatory schemes are organised and structured. By doing so, however, they were forced to deal with situations that cannot be classified neatly following a public-private distinction. In response, the case law of the Court of Justice and the practice of the Commission have adapted by extending scrutiny over a wider variety of measures of private regulators while also broadening the scope for justification. This, however, increases the likelihood of overlap of the free movement and competition rules, which I analyze in Chapter 4, arguing that the two sets of rules should not be mutually exclusive but that their limits should be defined more clearly on their own terms. Finally, I look at the interaction between free movement and competition, as well as their impact, in three sectors where private regulation is prominent: sports (Chapter 5), legal services (Chapter 6) and standard-setting (Chapter 7). I discuss the justifications for regulation in all three sectors, as well as the legislative and institutional setting in which private regulators operate. In all three case areas, the two sets of rules were used in a partly strategic way to influence reforms of private regulation. The application of the rules was mainly driven by institutional choices rather than the objective‘ requirements of legal doctrine.
Books on the topic "Conflict of laws – European Economic Community countries"
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S, Moss Gabriel, Fletcher Ian F, and Isaacs Stuart, eds. The EC regulation on insolvency proceedings: A commentary and annotated guide. Oxford: Oxford University Press, 2002.
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Sauer, Rene. Die Harmonisierung des Kollisions- und des Sachrechts für Wertpapierguthaben und Wertpapiersicherheiten: Hintergrund und Entwicklung gemeinschaftsrechtlicher und globaler Regelungsansätze. Frankfurt: P. Lang, 2008.
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National courts and EU environmental law. Groningen: Europa Law Publishing, 2013.
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Arbeitsrecht im multinationalen Unternehmen: Ein Beitrag zu den Arbeitsbeziehungen im multinationalen Unternehmen, dargestellt am Individual- und Kollektivarbeitsrecht der Bundesrepublik Deutschland unter Berücksichtigung des EG-Arbeitsrechts. Frankfurt am Main: P. Lang, 1994.
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American Society of International Law. and Nederlandse Vereniging voor Internationaal Recht., eds. Contemporary international law issues: Opportunities at a time of momentous change : proceedings of the second joint conference held in The Hague, The Netherlands, July 22-24, 1993. Dordrecht: M. Nijhoff, 1994.
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Bernard, Rudden, and Wyatt Derrick, eds. Basic community laws. 6th ed. Oxford: Clarendon Press, 1996.
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Campbell, Stewart. Labour inspection in the European Community. London: HMSO, 1986.
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Benyamini, Amiram. Patent infringement in the European community. Weinheim: New York, NY, 1993.
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Neal, Alan C. Fundamental social rights at work in the European Community. Aldershot: Dartmouth, 1999.
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Schwind, Fritz, Freiherr von, 1913-, ed. Österreichs Stellung heute in Europarecht, IPR und Rechtsvergleichung. Wien: Verlag der Österreichischen Akademie der Wissenschaften, 1989.
Find full textBook chapters on the topic "Conflict of laws – European Economic Community countries"
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Tillman, Erik R. "The Evolving Relationship between Authoritarianism and EU Attitudes." In Authoritarianism and the Evolution of West European Electoral Politics, 97–114. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192896223.003.0005.
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This chapter examines the evolving relationship between authoritarianism and EU attitudes from the early 1990s until 2017. Up until the early 1990s, EU attitudes were structured primarily by economic concerns. The economic ‘winners’ of European integration (e.g. professionals) supported the EU more than the ‘losers’ (e.g. unskilled workers). With the debate over the EU centred increasingly on socio-cultural issues, the structure of EU attitudes has shifted—activating the perception of threat among high authoritarians. In the 1990s, there is no relationship between authoritarianism and EU attitudes, but a negative relationship emerges in the twenty-first century. Moreover, this relationship is stronger in those countries that had more national-level party conflict over the EU. Because this conflict resulted from the emergence of anti-EU parties, this result indicates that high authoritarians became more likely to oppose the EU in those countries where Eurosceptical parties were more successful in advancing the message that the EU threatens national community. These results suggest that the evolution of EU attitudes reflects the growing perception of threat to national community and sovereignty—and this evolution has been strongest where Eurosceptical political elites have been more influential.