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O’Brien, Alice, and Catherine Banet. "De-Risking the Hydrogen-CCS Value Chain Through Law." European Energy and Environmental Law Review 30, Issue 2 (April 1, 2021): 24–41. http://dx.doi.org/10.54648/eelr2021004.
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The integration of hydrogen (H2) and carbon capture and storage (CCS) technologies within common value chains can contribute to the effective decarbonization of the energy system and hard-toabate sectors where electrification may not be possible or cost-effective. The H2-CCS chain is taken as an example of strategic value chains in the process towards a low carbon and increasingly integrated energy system. The successful realization of H2-CCS integrated chains requires the mobilization of vast quantities of domestic and international private capital. This article looks at how legislation and contracts, separately and in combination, can be used to manage and mitigate risks and incentivise private sector investment along the H2-CCS value chain in Europe. First, it discusses the role of national governments and the EU in developing legislative measures such as climate change targets, market design, liability regimes and how those could remove some of the risks preventing private sector investments. Second, it considers how the design and standardization of contracts can mitigate risks faced by the private sector by allocating, transferring and sharing risks between private and public parties. The article concludes that the law has an important role in de-risking investments and that further policy steps are necessary to refine the legislative and contractual regimes needed for the successful deployment of such strategic value chains. CCS, climate change, hydrogen, de-risking, legislation, contract, risk mitigation, risk allocation, risk transfer, public-private partnerships.
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Kharitonova, Julia S., and Larisa V. Sannikova. "DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 208–24. http://dx.doi.org/10.17223/22253513/39/16.
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Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.
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Hámor, Tamás, Katalin Bódis, and Mária Hámor-Vidó. "The Legal Governance of Oil and Gas in Europe: An Indicator Analysis of the Implementation of the Hydrocarbons Directive." Energies 14, no. 19 (October 7, 2021): 6411. http://dx.doi.org/10.3390/en14196411.
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Hydrocarbons are traditional subjects to European Union (EU) law (“acquis communitaire”). A short historical review reveals that quasi all aspects of upstream and downstream segments are covered by the legislation. The results of applied information extraction and elaborated quantitative analysis indicate that the intensity of legislation making correlates with global drivers such as oil price booms, and technology developments such as extraction of unconventional hydrocarbons by hydraulic fracturing. A quarter of a century after the Hydrocarbons Directive was published and transposed by Member States (MS), data allow us to make a semi-quantitative assessment on the implementation, the major drivers of governments’ publication activity, and the impact on the oil and gas production. Another specific relevance of this study is on non-energy minerals management of the EU, whether the introduction of similar competitive bidding rules would induce a greater interest of investors, and the enhanced competition could bring more benefits to the states by the rejuvenation of the critical minerals extractive sector. The preliminary findings show that in some MS there is a positive correlation between the concession call publication activity and hydrocarbons production. To confirm these conclusions the analysis of an extended dataset including exploration data, investments, and social impacts is needed in order to screen the effect of global market trends, the exhaustion of domestic geological reserves, and the different policy environments.
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Horodyskyy, Ivan, Andriy Borko, and Mariia Sirotkina. "ADAPTATION OF UKRAINIAN CORPORATE LEGISLATION TO EUROPEAN STANDARDS." Baltic Journal of Economic Studies 7, no. 3 (June 25, 2021): 56–64. http://dx.doi.org/10.30525/2256-0742/2021-7-3-56-64.
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Defining the European vector of development of Ukraine in the model of international cooperation as a priority involves the use of European standards in the field of law. This is impossible without careful adaptation work to bring the domestic legal system in line with the system that exists in the countries of the European Union. Recent changes in legislation have been long-awaited and have been a breakthrough in the corporate and financial sectors. The authors aim to carry out a comprehensive analysis of Ukrainian corporate law by comparing the political governance of Eastern Europe, economic and political aspects of the current situation, problems of corporate governance and ways to solve them, and the current stages of adaptation of corporate law in its transformation to the EU’s norms. In February 2018, the European Commission proposed to consider 2025 a possible date for the accession of Serbia and Montenegro, which means recognizing these countries as the first league in the Balkans, even in case the EU Council does not approve this date. The second league was set by the Council in June 2018, when 2019 was marked as a possible conditional date for the opening of accession negotiations with Albania and Macedonia. While the third league is for the accession of Bosnia and Kosovo, for which no date has been set. Negotiations with Turkey have been suspended. For comparison, if we take into account both political and economic indicators, Ukraine is approximately equal to the Balkan states of the second league. The prospect of EU membership has been recognized as the strongest external factor in domestic political change in the countries surrounding the EU. In accordance with the requirements of the Association Agreement with the EU on corporate law (EU Directives No. 2001/34/EC, No. 2003/71/EC, No. 2004/109/EC, No. 2007/14/EC, No. 2007/36/EC, No. 2012/30/ ЕС, No. 2013/34/ЕС, Recommendations of the European Commission No. 2005/162/ЕС and No. 2004/913/ЕС) the Law of Ukraine No. 2210-VIII, the Law of Ukraine “On Limited Liability and Additional Liability Companies” dated February 06, 2018 No. 2275-VIII, amendments to the Laws of Ukraine №514-VI, “On Securities and Stock Market”, “On Business Associations”, the Economic Code of Ukraine, the Civil Code of Ukraine, the Criminal Procedural Code of Ukraine and other laws were made and came into force on July 1, 2021 in the Law of Ukraine No. 738-IX. European integration transformation of Ukrainian legislation in the context of protection of shareholders’ rights was manifested through the implementation of Directive 2004/25/EC in the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Simplification of Doing Business and Attracting Investments by Issuers of Securities” dated March 23, 2017 No. 1983-VIII and the Law of Ukraine No. 514-VI. Ukraine’s economy has not yet recovered from the negative effects of the global financial crisis of 2008, the political coup, the national crisis of 2015, the current crisis caused by the COVID-19 pandemic. This situation shows declining dynamics, and changes in Ukrainian legislation are offset, not showing real effect. The harmonization of Ukrainian legislation is complicated by the unwillingness of Ukraine’s business environment to comply with EU rules. Analyzing the activities of the JSC, the dynamics of the securities market, stock market and the transformation of Ukrainian legislation, the initiatives of certain branches of government, we can say that Ukraine is moving in the right direction but not fast enough and forms a country with a real market economy. Therefore, we can conclude that the adaptation of Ukrainian corporate law to EU legislation should be carried out not only in relation to existing EU directives but in accordance with general trends and prospects for the development of European corporate law.
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Temeljotov Salaj, Alenka, Jerica Jančar, Mojca Štritof Brus, and Gorazd Trpin. "The Development of the Real Estate Investment Fund for the Purpose of Regional Development." Lex localis - Journal of Local Self-Government 9, no. 3 (July 4, 2011): 265–81. http://dx.doi.org/10.4335/9.3.265-281(2011).
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In this research, an attempt is made to present the field of real estate funds in Slovenia, to point out the differences between private and public real estate funds, and explore some possibilities of public-private partnerships in this field. ‘Consumers in Europe’ (2009) Eurostat data shows that in 2007 Slovenia belonged to the states which had more than 80% of owner occupied dwellings in their total housing stock, 4.8% of the stock presents commercial rental units and only 1.3% of the stock consists of non-profit rental apartments. This issue is being examined in order to establish whether an introduction of Real Estate Investment Funds to Slovenian legislation and their cooperation with public funds could contribute to solving the problematic lack of rental apartments in Slovenia, especially in the non-profit segment.
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Koval, Viktor, Piotr Olczak, Nataliia Vdovenko, Olena Boiko, Dominika Matuszewska, and Inesa Mikhno. "Ecosystem of Environmentally Sustainable Municipal Infrastructure in the Ukraine." Sustainability 13, no. 18 (September 13, 2021): 10223. http://dx.doi.org/10.3390/su131810223.
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For the Ukrainian population, there are factors surrounding the choices and preferences one must consider when changing permanent residence. Smart residential areas should be built according to Ukrainian legislation and global innovations, which would reduce administrative dislocations, the load on megalopolises, and negative anthropogenic impacts, and should be based on the increase in energy efficiency and reducing waste. We analyzed the core principles of designing smart residential areas and concluded that constructing cutting-edge residential areas should involve private investments in order to avoid shadow schemes and irrational use of funds (in the Ukraine, the share of the shadow market is more than 50%). Research shows that, as humans inhabit a three-dimensional space, it is possible to predict migration and other permanent residence/behavioral responses, the analysis of which allows controlling migration flows and improves the conditions of Ukraine’s small residential areas based on decarbonization. We conclude that energy saving systems can reduce consumption in a city by 60% and improve Ukraine’s ecosystem. Research also shows that reducing “dislocation”, in terms of population density, by creating open, innovative, eco-friendly environments based on green economy principles, can provide innovative development maps and economic, social, and cultural population growth, decreasing the load on big cities/regional economies, and encourage the restoration of sales markets and production after the COVID-19 pandemic. We developed a model to assess the innovativeness of residential areas, apply alternative methods of energy generation, and analyze the impact of the energy production and consumption market in Europe (with recommendations for the Ukraine). This article estimates energy intensity indicators of the gross domestic product in the Ukraine and in Europe, offering methods to decrease energy dependence and increase energy efficiency in the Ukraine, by adopting alternative energy sources (e.g., biohydrogen out of residues, air, and solar energy), and enhancing environmental legislation.
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Upston-Hooper, Karl, Karoliina Anttonen, and Michael Mehling. "Breathing Life into the Carbon Market: Legal Frameworks of Emissions Trading in Europe." European Energy and Environmental Law Review 16, Issue 4 (April 1, 2007): 96–115. http://dx.doi.org/10.54648/eelr2007011.
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Directive 2003/87/EC establishes a scheme for “greenhouse gas emission allowance trading within the Community in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner.” Given its adoption as a directive, the achievement of this mandate largely depends on the domestic implementation by Member States, and in particular on the creation of a functional carbon market enabling the price mechanism to signal investment decisions throughout Europe. Unlike many other commodities, however, emission allowances are a legal construct, and the legal frameworks reifying them are of crucial importance. Domestic regulation of taxation, financial services, insolvency, and accounting issues, to name but a few, all hold the potential to compromise the development of a liquid market. Based on an extensive survey of the implementing legislation adopted in Finland, Germany, Sweden, and the United Kingdom, this article identifies some of the main challenges faced by the Member States in the evolving carbon market, highlighting aspects whose treatment differs and may lead to conflicts or inconsistencies.
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Popielas, Marek. "Harmonization of investment services in the European Union - the example of investment funds." Oeconomia Copernicana 3, no. 1 (March 31, 2012): 73–88. http://dx.doi.org/10.12775/oec.2012.004.
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This paper aims to present the level of harmonization of investment services in relation to the European investment funds’ market. The author, in an attempt to systematize different types of investment services in Europe, refers to the European Freedoms and presents the key reasons for the harmonization of investment services. An important part of the study is to present the role of investment funds in the financial sector, as well as the crucial benefits of participation in the funds. By using the method of analysis of the sources, the author makes a review of the European regulations on investment funds, both the law and the recommendations of regulators. From the perspective of recent legislation changes the study highlights their possible implications, especially for less developed countries of the European Union. Complementing the current picture of harmonization the author, by referring to the substantial transformation of the common market of the European Union in 2004, makes review of dynamics of this sector, based on basic statistics. What is worth paying attention in this context is that there is still a slight share of the newly acceding countries. Verification of accuracy of the author’s observations may become the subject of wider discussion on the harmonization of financial services in this area, taking into account time necessary to assess the impact of European regulations currently being implemented.
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Repousis, Spyridon, Petros Lois, and Pavlos Kougioumtsidis. "Foreign direct investments and round tripping between Cyprus and Russia." Journal of Money Laundering Control 22, no. 3 (July 2, 2019): 442–50. http://dx.doi.org/10.1108/jmlc-08-2018-0054.
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Purpose This paper aims to look at the linkage of foreign direct investments (FDIs) and round-tripping in the Cyprus–Russia corridor. Design/methodology/approach The paper is divided into two chapters. The first chapter looks at the relationship between FDIs and round-tripping in Cyprus and Russia. The second chapter discusses and combines statistical data from different sources about illiciting financial flows from Russia and the linkage of FDIs and round-tripping with Cyprus. Findings Evidence suggests that, despite the obviously numerous and varied legislative provisions and initiatives, the movement of vast amounts of capital to or through the Cypriot financial system is a phenomenon, which has absolutely not been removed. The illegal outflow of money seems to grow rapidly over the years instead of decreasing. What actually happens is that after a dramatic decline in the years 2013-2015, the FDIs of the Russians to and from Cyprus in 2016 returned to pre-crisis levels of 2013, and so far, it seems the inflows–outflows system returned to “normal” levels. Cyprus ranks first in inward FDI and outward FDI with almost 35 per cent of total flows from Russia. An element that demonstrates the presence of round-tripping, is the sharp and rapid parallel increase of inward FDI and outward FDI, and that the category of total deposits in Cyprus by nonresidents, including special-purpose entity, recorded significant fluctuations caused by not only the large size of deposits but also the short time remaining in the banking sector. Russia ranked second among the countries with the largest average illegal capital outflows in the years 2004-2013. Movement of capital to exploit the particularly beneficial Cyprus tax system is still a tax backdoor for Europe and worldwide (hence the neologisms like Cyp-Rus), especially after the “de-offshorization” law in Russia in practice since January 1, 2015. Originality/value Evidence presented in this paper is important for national and supernational supervisory anti-money laundering bodies and compliance authorities to understand bad practices in financial transactions between Russia and Cyprus.
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Sereda, Olena, Yuliia Burniagina, and Nataliia Halkina. "Standards of professional development of employees: international experience and current prospects in Ukraine." Law and innovative society, no. 1 (18) (June 30, 2022): 43–56. http://dx.doi.org/10.37772/2309-9275-2022-1(18)-4.
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The scientific article examines the international standards of professional development of workers enshrined in the basic legal acts of the United Nations (Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, Conventions and Recommendations of ILO), Council of Europe (European Social Charter (revised), EU (Recommendations and Directives). The provisions of laws and bylaws of Ukraine on the professional development of employees are analyzed. Based on the analysis of international acts and norms of national legislation on professional development, we propose to identify the following standards of professional development of employees: high-quality training of qualified personnel in accordance with state policy priorities; ensuring proper organization of professional development of employees; equal access to professional development programs; continuity, fresh of the process of professional development; constant investment in professional development of staff; introduction of effective mechanisms for motivating staff to professional development and continuing education; compulsory professional development; practical orientation of advanced training programs. The conclusion is made about that the international experience in the field of professional development of employees is taken into account in the development of the national legislative field. Іt is proposed to launch an experimental project in the field of professional development of scientific, scientific-pedagogical, pedagogical workers during a special period; to increase opportunities for training and professional development of Ukrainian citizens abroad on the basis of equivalent tape exchange with other states; create favorable conditions for private investment, involvement of business in the professional development of employees, etc.
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Derenčinović, Morana. "Private equity fondovi i hrvatsko iskustvo." Zbornik Pravnog fakulteta u Zagrebu 70, no. 6 (February 2, 2021): 783–824. http://dx.doi.org/10.3935/zpfz.70.6.03.
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Private equity funds are important players in the capital market, investing billions of dollars and euros in portfolio companies every year worldwide and in Europe, thus improving their business and development at almost all stages of their life cycle. Although Croatia lags far behind in this respect - both in terms of foreign private equity funds investing in Croatian companies and in terms of developing the private equity industry in Croatia - we believe it is important to analyze private equity funds and their characteristics in order to gain a full understanding of them . Therefore, this paper will try to define private equity funds and private equity and their interconnection, and explain the various forms and types of equity issued in private equity investments. Furthermore, the paper outlines the basic characteristics of private equity funds, which are crucial for understanding the way they operate, the relationship with the portfolio company and investors. Private equity funds have a specific lifespan and term, and bear significant risks (greater than those of the “infamous” hedge funds). They are meant for professional investors whose approach in portfolio companies is “hands on”. The paper also presents the most common structures of private equity funds, which differ significantly from those in Croatia, whose legislative framework unfortunately still places strong legal obstacles for the efficient and effective functioning of private equity funds. Finally, the paper presents the Croatian experience with private equity funds, with a description of the first private equity funds in Croatia and a special reference to economic cooperation funds, as a special feature of the Croatian capital market and private equity industry.
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Stępkowski, Aleksander. "ROZWÓJ INSTYTUCJI TRUSTU W PRAWIE SZKOCKIM." Zeszyty Prawnicze 4, no. 1 (May 30, 2017): 91. http://dx.doi.org/10.21697/zp.2004.4.1.06.
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Development of the Law of Trusts in ScotlandSummaryThe earliest indisputable traces of trusts law in Scotland may be found in reports from the first half of the XVH‘h century. There are several examples of even earlier dispositions to which a fiduciary character might be ascribed, coming from the XV,h and XVTh centuries. Nevertheless, we are not able to state categorically that these represent examples of trusts, since there is nothing about priority of beneficiary's rights in respect to trust property, before trustee’s personal creditors, whereas it seems to be today differentiam specificam discerning trust from contractual relations.According to the aforementioned case law, the main subject of trust dispositions was land (immoveable property, called in Scotland “heritable”). The main issue giving rise to legal controversies was the question of the manner in which the existence of a trust in land was allowed to be proved. The rules of evidence adopted by the Court of Session differed substantially from those of Scottish land law which were usually applied when proving titles in land. According to Scottish institutional writers, it seems to be most probable that the reason for such a favourable standing of land being subject to trust was that the Court of Session proceeded on the ground of its’ nobile officium, extraordinary equitable jurisdiction performed by this court, most probably since the very early stages of it’s activity, on the basis of a statutory provision from 1540.During the XVIIth century the first statutory regulations concerning trusts appeared, but more substantial progress in this respect took place in the XIXth century. Most often, it was statutory implementation of earlier common law principles and, in relation to trustees’ competences, of standards relating to the professional drafting of trust deeds. XIXth century legislation was consolidated in 1921 as the Trusts (Scotland) Act 1921 which was subsequently amended in 1961 and, together with the British Trustee Investments Act 1961 (which is still in force in Scotland although will be repealed soon, as it was already done in England in 2001), is partial codification of Scottish trusts law. Nevertheless it should be emphasised that Scottish trust law is still principally based on case law.As regards the influence of English Equity on the development of the Scottish law of trusts, it seems to be negligible in the early stage of the latter’s development. A considerable influence of the Chancery Court’s cases upon Scots law in respect of trusts only began in the fourth decade of the XIXth century, with a book by Charles Forsyth ( The Principles and Practice o f the Law o f Trusts and Trustees in Scotland (1844)), who had used intensively English case law as an illustration, he claimed, of Scottish law principles. Since this publication, nevertheless, English case law, as exposed in English textbooks, though not necessarily in the Chancery Reports, became an important source of inspiration for Scottish lawyers writing books on this subject and, subsequently, it was also used in the Court of Session as an important source of authority. Notwithstanding the above, Scottish judges were always more critical and generally have applied English principles in a less willing manner than has been seen from Scottish advocates and solicitors. Generally speaking, the English influence, although considerable, has not changed the very construction of Scottish trusts law. A beneficiary’s claim in respect of trust property is still considered to be a personal right, as opposed to a sui generis right in real estate.Contemporary Scottish jurisprudence considers trust property as a trustee’s special patrimony, distinct from his general patrimony and, as such, not accessible by his personal creditors. In this way, the Scots have worked out a civil law approach to trust, which was long considered to be hardly possible. This is also a reason why Scottish trusts law, as well as the whole of Scottish law, attracts so much attention from lawyers from Continental Europe.
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Finke, Katharina, and Jost H. Heckemeyer. "Corporate Taxation Trends in Europe." Intertax 41, Issue 10 (October 1, 2013): 499–506. http://dx.doi.org/10.54648/taxi2013047.
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This article assesses the development of effective tax burdens on domestic and cross-border investments across EU Member States for the period from 1998 to 2012. The article summarizes the main results of ongoing research carried out on behalf of the European Commission. The results help to evaluate corporate taxation trends within the EU since it identifies the most relevant tax drivers. We show a reduction of effective tax burdens on domestic investments and an increasing application of the exemption method on cross-border investments over time. Both findings indicate increasing tax competition among EU Member States.
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Zhukov, Mykyta. "Legislation in the sphere of administrative law regulation of investments." Herald of Zaporizhzhia National University. Jurisprudence, no. 1 (2019): 94–102. http://dx.doi.org/10.26661/2616-9444-2019-1-12.
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Seliverstov, Sergey S., and Vsevolod D. Krivonosov. "Structuring Chinese Energy Investments Under the Russian Law on Strategic Investments." Journal of World Investment & Trade 20, no. 2-3 (May 14, 2019): 355–74. http://dx.doi.org/10.1163/22119000-12340135.
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Abstract As one of the world’s leading oil- and gas-exporting countries, Russia has many of the prerequisites for playing a significant role in achieving some of the energy policy objectives of China’s Belt and Road Initiative (BRI). In fact a number of multi-billion Chinese investments in the Russian energy sector have been made during the past few years. Taking the existing experience of Chinese energy investors into account, this article critically analyzes the legal and regulatory framework governing the production of natural resources and the making of energy investments in Russia. The Russian authorities consider energy as a sector of high strategic importance, necessitating increased attention by its legislator and supervising bodies. The article argues that the restrictions imposed on investors by Russia’s rigid legislation predetermine the participation of state-controlled companies and ensure that all major foreign investments in Russia’s oil and gas sector are assessed primarily for their political significance.
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Erpyleva, Natalia Yu. "Categories of foreign investments and foreign investor in the national legislation and international treaties of the member states of the Eurasian Economic Union." Gosudarstvo i pravo, no. 12 (2022): 119. http://dx.doi.org/10.31857/s102694520023307-8.
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This article discusses the notion of categories of foreign investments and foreign investor in the law of the EAEU member states through the prism of three levels of legal regulation: national legislation, bilateral and multilateral international treaties. The national legislation of the EAEU member states that regulates foreign investments, although is based on commonly used legal structures and instruments, within the framework of the conceptual apparatus can differ significantly in the recipient state of the foreign investments and in the state of origin of the foreign investor, which requires close attention and detailed study of the regulatory legal acts of each EAEU member state. Along with the rules governing foreign investments and the status of a foreign investor under Eurasian law, the EAEU member states apply the rules of bilateral agreements on the promotion and protection of investments that are in force not only between them, but also with the third states. In addition, there is also a multilateral international treaty for the four EAEU member states, namely the Moscow Convention of the CIS. This circumstance is due to the participation of Russia, Armenia, Belarus, Kazakhstan and Kyrgyzstan simultaneously in three integration processes – within the framework of the EAEU, the CIS and the SCO.
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Shannon, Harry A. "West German perspectives on investments in Eastern Europe." Intertax 18, Issue 11 (November 1, 1990): 534–47. http://dx.doi.org/10.54648/taxi1990082.
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Szabó, Zsolt, and Herbert Küpper. "Legislation and Legislative Process in Eastern Europe." International Journal of Parliamentary Studies 1, no. 1 (April 26, 2021): 73–108. http://dx.doi.org/10.1163/26668912-bja10008.
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Abstract The study describes and systemises the constitutional requirements on legislation in Eastern Europe. The comparison reveals that the basic structures of the legislative process live up to the standards of the rule of law. The details, however, are quite frequently deficient or problematic. Laws requiring a qualified majority often cause structural problems, based on poor political culture, and the vague and contradictory regulatory framework. Other problems are a legacy of socialism, e.g. the instrumental perception of the law, or the immature separation of powers. However, the apparent homogeneity of the region and its structural problems that was typical of the socialist era, has given way to a stronger differentiation which often reflects differences that existed prior to the socialist dictatorship. This stronger differentiation concerns, i.a. the extent of executive law-making, the structure of parliament (mono- or bicameral), the majority requirement for the decisions in parliament, and the participation of the people in legislation. In the states that have joined the EU, the European criteria of the rule of law have had their effect, whereas the candidate states on the Wester Balkans are on the way of consolidating their legislative system. Further to the East, the rule of law becomes weaker and weaker.
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El-Deeb, Lourna, and Ahmed Labeeb. "The Effects of the Trade-related Investment Measures Agreement on the Egyptian Economy." Arab Law Quarterly 33, no. 3 (July 2, 2019): 209–46. http://dx.doi.org/10.1163/15730255-12333013.
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Abstract The Trade-Related Investment Measures (TRIMs) Agreement aims to balance the interests of developed countries seeking to protect their investments as well as developing countries trying to attract more foreign investments to finance national projects. This article assesses the TRIMs Agreement and the compatibility of Egyptian economic legislation, especially the provisions of the Investment Law No. 72/2017, alongside the impact of this agreement on the Egyptian economy. We conclude that Egyptian legislation as a whole is in line with the TRIMs Agreement, with the exception of some provisions enacted under exceptional circumstances in Egypt since January 2011. As a result of these circumstances, it is impossible accurately to assess the extent to which the Egyptian economy was affected by the implementation of TRIMs during the current period, since the policies adopted by the Government of Egypt have succeeded in increasing the volume of foreign direct investment to Egypt.
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Borodkin, Stanislav. "Legislation on Foreign Investments and Practice of Investment Dispute Resolution." Journal of Russian Law 4, no. 4 (April 11, 2016): 0. http://dx.doi.org/10.12737/18702.
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Russian companies doing business outside of the Russian Federation require special protection of their rights and lawful interests. Several methods of protecting foreign investor rights are available under the international law, including national courts and tribunals and commercial arbitrations (both institutionary and ad-hoc). International Center for Settlement of Investment Disputes is a special institution established to resolve the controversies related to foreign investments. It was created under an international treaty and its decisions are not subject to sovereign immunity. The article considers ICSID practice regarding the definition of an investment, since disputes are related to an investment activity, which is a topical question when dealing with the determination of the Center competence. While the analyzed cases do not have the power of binding precedents, when the arbiters elaborate on the definition of a foreign investment they use specific criteria that could be relevant for the national law. Since international practice has a more specific definition of foreign investments than the Russian law, the author suggests that the former be taken into consideration when a foreign investment is defined in Russian legal texts. It could ensure better protection of the rights of Russian legal entities abroad.
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Maletić, Katarina. "International investment law and labour rights protection: A standard of fair and equitable treatment and indirect expropriation in the light of changes in host country labour law." Pravo i privreda 59, no. 1 (2021): 35–51. http://dx.doi.org/10.5937/pip2101035m.
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The purpose of this paper is to answer the question whether investors may challenge domestic labour legislation by invoking breach of international investment agreements, in particular violations of fair and equitable treatment standard, as well as illegal expropriation of investments. The answer to this question is especially relevant for developing countries, such as the Republic of Serbia, which seek to harmonize their legal systems with international principles of labour rights protection. Therefore, the paper will explore the interpretations of the fair and equitable treatment standard and indirect expropriation given by arbitration tribunals and accepted among scholars, as well as their application with respect to the labour regulation changes. Particularly analysed is the relevant case law before arbitration tribunals dealing with the question whether host states may violate these standards by amending their domestic labour legislation. Research has shown that domestic labour regulation amendments may rarely be interpreted as indirect expropriation, while the fair and equitable treatment standard may be breached in case of unpredictable labour legislation changes which would significantly violate guarantees given by the state to attract foreign investments but cannot protect investors from the introduction of bona fide labour regulations.
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Ngwasiri, C. N. "The Effect of Legislation on Foreign Investment—the Case of Cameroon." Journal of African Law 33, no. 2 (1989): 192–204. http://dx.doi.org/10.1017/s0021855300008135.
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There is no doubt that the investment climate in every country is conditioned to a great extent by non-legal factors. Nevertheless, many developing countries have, to varying degrees, relied on legislation as a means of attracting foreign investment. When Cameroon attained independence in 1960, it enacted an Investment Code that same year with the aim of attracting investment which the young state needed so much for the realisation of its development objectives. When after two decades the said Code no longer responded to the needs of the state, a new one was instituted on 4 July, 1984. The common feature of Investment Codes is that they contain various incentives aimed at channelling investments to areas which the authors regard as top priority. In this article, an attempt will be made to show to what extent the Cameroonian government has succeeded in its effort to direct investments to desired regions of the country through a statute wherein incentives cohabit with regulations on matters such as imports, exports, price fixing, foreign exchange, etc., which foreign investors consider as repellent. The study is subdivided into two parts. The first part is based on the Investment Codes and the second deals with the country's regulatory environment.
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Delponte, Ilaria, and Paolo Rosasco. "Sustainable mobility and economic sustainability: the case of the new trolleybus line in Genoa." Valori e Valutazioni 29 (January 2022): 57–78. http://dx.doi.org/10.48264/vvsiev-20212906.
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With over 3.5 billion people currently residing in major cities around the world, the issue of urban mobility is a current issue and is particularly important in European countries where over 75% of the population is concentrated in urban areas. Even today, many of the daily journeys depend on cars and other private motorized vehicles, with a strong impact in terms of air pollution, noise and climate change as in the European Union transport is responsible for a quarter of greenhouse gas emissions. Reducing private transport and making urban transport systems greener and more efficient therefore has important benefits: for the health, climate and prosperity of cities. New models of transport and urban accessibility, increasingly oriented towards environmental sustainability, must therefore be adopted; the choice of the transport solution must be made in relation to not only technical but also economic, social and environmental feasibility. Taking a cue from the Call issued in 2018 by the Ministry of Infrastructure and Transport for the selection of urban mobility proposals that can access the economic resources intended for the enhancement and implementation of rapid mass transport systems provided for by Law no. 232/2016, this contribution deals with the evaluation of three transport proposals hypothesized for the connection between the city center of Genoa (Brignole station) and the district of Prato, along the Bisagno Valley, developed according to the indications contained in the Urban Mobility Plan of the Municipality. In particular, a Cost-Benefit Analysis (CBA) is developed according to the indications given in the Notice and in the Guidelines of the Ministry of Infrastructure and Transport for the evaluation of investments in public works. The objective is to verify the applicability of the CBA tool for assessing the economic and financial sustainability of the solutions analyzed - also in relation to the indications given in the legislation, the transport scenarios configured and the reliability of the results obtained, for the the choice of the transport solution to be adopted. Con oltre 3,5 miliardi di persone che risiedono attualmente nelle grandi città del mondo, il tema della mobilità urbana è una questione attuale ed è particolarmente importante nei paesi europei dove nelle aree urbane si concentra oltre il 75% della popolazione. Ancora oggi, molti degli spostamenti quotidiani dipendono dalle auto e da altri veicoli motorizzati privati, con un forte impatto in termini di inquinamento atmosferico, sonoro e sul cambiamento climatico visto che nell’Unione europea i trasporti sono responsabili di un quarto delle emissioni di gas serra. Ridurre il trasporto privato e rendere i sistemi di trasporto urbani più ecologici e più efficienti presenta quindi dei vantaggi importanti: per la salute, il clima e la prosperità delle città. Nuovi modelli di trasporto e di accessibilità urbana, sempre più orientati verso la sostenibilità ambientale, devono quindi essere adottati; la scelta della soluzione trasportistica deve essere fatta in relazione alla fattibilità non solo tecnica ma anche economica, sociale ed ambientale. Prendendo spunto dal Bando emesso nel 2018 dal Ministero delle Infrastrutture e dei Trasporti per la selezione delle proposte di mobilità urbana che possono accedere alle risorse economiche destinate al potenziamento e alla realizzazione di sistemi di trasporto rapido di massa previste dalla Legge n. 232/2016, il presente contributo tratta della valutazione di tre proposte trasportistiche ipotizzate per il collegamento tra il centro della città di Genova (Stazione Brignole) e il quartiere di Prato, lungo la Val Bisagno, sviluppate secondo le indicazioni contenute nel Piano Urbano di Mobilità del Comune. In particolare è sviluppata l’Analisi Costi-Benefici (ACB) secondo le indicazioni riportate nel Bando e nelle Linee Guida del Ministero delle Infrastrutture e Trasporti per la valutazione degli investimenti in opere pubbliche. L’obiettivo è quello di verificare l’applicabilità dello strumento dell’ACB per la valutazione della sostenibilità economica e finanziaria delle soluzioni analizzate anche in relazione alle indicazioni riportate nella normativa, agli scenari trasportistici configurati e all’attendibilità dei risultati ottenuti, ai fini della scelta della soluzione trasportistica da adottare.
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Flower, Joanna. "Negotiating European Legislation: The Services Directive." Cambridge Yearbook of European Legal Studies 9 (2007): 217–38. http://dx.doi.org/10.1017/s1528887000002809.
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The directive on Services in the Internal Market is one of the most controversial and disputed pieces of European legislation in recent years. Known in its infancy as the ‘Bolkestein’ Directive after Frits Bolkestein, the Internal Market Commissioner who first put forward the proposal on behalf of the Commission, and later in the run up to its adoption as the ‘Frankenstein’ Directive, it sparked mass protests across Europe and was even suggested by some as being the real reason why France voted against the draft Constitutional Treaty in 2005.
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Gallego, Gorka. "Waste Legislation in the European Union." European Energy and Environmental Law Review 10, Issue 12 (December 1, 2001): 342–50. http://dx.doi.org/10.54648/394999.
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As we embark upon the Sixth Environmental Action Programme two articles look at the development of waste legislation and ask how important is the environment for Europe nowadays; what level of environmental protection do we have now; and how do we deal with the waste we produce in Europe? This first of the articles includes an overview of environmental policy and the law, and the definition of waste.
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Garmashev, Mikhail A., Julia A. Sakhno, Inna N. Peremyshlennikova, Natalya A. Sedova, and Marina M. Staroselzeva. "Legal regulation of crowdfunding and investment platforms." Linguistics and Culture Review 5, S3 (November 5, 2021): 958–66. http://dx.doi.org/10.21744/lingcure.v5ns3.1695.
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The article provides a comparative analysis of the legal regulation of crowdfunding and investment platforms in Germany, Russia, the USA, and France. Crowdfunding has been researched as a category that is an integral part of investment platforms; in a concise form, the formation of crowdfunding in the declared group of countries is disclosed; identified possible risks and problems when using investment platforms and crowdfunding. The legislation of the United States, France, Germany, and Russia in the field of crowdfunding reveals the main provisions that are directly related to investment platforms and investments, thereby helping interested parties navigate in this environment. Although the legislation of Russia, unlike foreign countries, does not directly mention crowdfunding, which in turn gives rise to legal conflicts of using this activity through the national law on attracting investments, limiting the rights of individual citizens to attract investments.
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Prugberger, Tamás, and Róbert Román. "Labour Law Protection of Executive Employees in Hungary and Western Europe." European Integration Studies 17, no. 2 (2021): 83–91. http://dx.doi.org/10.46941/2021.e2.83-91.
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This article examines a specific chapter of the Hungarian Labour Code, the regulation on executive employees. The study is comparative in nature and aims to reveal the difference between the old and the new legislation. It compares changes in past and current legislation and presents the solutions used in Western European labour law to achieve the most optimal regulation of the executive status. The study also looks at what solutions, should be adopted in the field of management regulation and what would be the tasks of the legislation that would bring about the updating of labour law provisions. Such a problem does not arise in the Western European legal literature, as in countries following the unique works council system this is prevented by the legal disclosure of the hierarchical chain of executive employees, and in dual systems the dual composition of works councils, where one side is occupied by members elected by subordinate employees from among their own circle, while the other side is provided by the upper level of executive employees by delegation from the employer.
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McGlynn, Clare. "EC Legislation Prohibiting Age Discrimination: “Towards a Europe for All Ages”?" Cambridge Yearbook of European Legal Studies 3 (2000): 279–99. http://dx.doi.org/10.1017/s1528887000003815.
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In 2000 the European Community adopted the General Framework Directive aimed at combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation. This important measure followed closely on the heels of the Race Discrimination Directive adopted earlier in the year. The adoption of these measures was made possible after the Treaty of Amsterdam inserted a new Article 13 into the EC Treaty which empowered the Community to adopt measures to combat discrimination on the above grounds, as well as in the fields of sex, race and ethnicity. While Article 13 was greeted with much acclaim, doubts were expressed as to whether or not binding measures would be forthcoming. As it has turned out, such pessimism was unwarranted and the Community has now adopted measures aimed at eliminating discrimination on all the grounds specified in Article 13. The adoption of these directives is, therefore, a highly significant expansion of the Community’s competence and ensures the continued development of the Community beyond its original purely economic focus.
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BLAIR, WILLIAM. "THE LEGAL STATUS OF CENTRAL BANK INVESTMENTS UNDER ENGLISH LAW." Cambridge Law Journal 57, no. 2 (July 1998): 374–90. http://dx.doi.org/10.1017/s0008197398000075.
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Central banks have enormous sums of money in various forms of investments. When claims are made either against the banks themselves, or against other governmental bodies, issues arise as to whether these assets can be attached, and made available to satisfy judgments. The article explains how central banks are treated in English law. It explains the special provision made in respect of their assets under the State Immunity Act 1978. There is wide immunity from attachment, though questions can arise as to the ownership of such assets. The UK legislation is, in some respects, wider than its counterpart, the US Foreign Sovereign Immunities Act 1976. Recent case law is described in which the English courts have recognised that the public responsibilities of central banks have to be taken account of when determining the extent of their liability to attachment.
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Hsu, Locknie. "SWFs, Recent US Legislative Changes, and Treaty Obligations Sovereign Wealth Funds, Recent US Legislative Changes, and Treaty Obligations." Journal of World Trade 43, Issue 3 (June 1, 2009): 451–77. http://dx.doi.org/10.54648/trad2009019.
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A confluence of events has highlighted the role of sovereign wealth funds (SWFs) in recent times, giving rise to debate as to their role, governance, and how national investment regimes view their investments. Important amendments to US investment-screening legislation in 2007 have given rise to some concerns on the part of SWF investors. Apart from national investment-screening laws such as those of the United States and Canada, recipient countries of such funds’ investments may have also international or bilateral treaty obligations towards SWFs as foreign investors. Recent international efforts have also produced some ‘soft law’ instruments to address the governance structures of SWFs and recipient countries’ approaches to their investments. This article provides a composite picture of the recent US amendments, relevant international and bilateral treaty obligations, and the recent ‘soft law’ instruments that together have an impact on SWF investments.
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Hagen, Antje. "Patents Legislation and German FDI in the British Chemical Industry before 1914." Business History Review 71, no. 3 (1997): 351–80. http://dx.doi.org/10.2307/3116077.
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This article analyzes the investments in both manufacturing units and sales subsidiaries by German chemical companies in the United Kingdom prior to 1914. It extends the findings in the existing literature on the subject, as sales subsidiaries have not so far been investigated. In particular, the article focuses on the motives underlying these investments. By building sales subsidiaries, German companies hoped to improve their control over foreign distribution activities and to promote their own brand names. As for the creation of manufacturing outlets, the motives of the companies differed before and after the reform of the British patent law in 1907. Prior to patent law reform, branch plants were set up due to transport cost considerations, resource orientation, or the pursuit of monopoly. Further reasons included restrictions on the use of proprietary technology in the home country and capacity constraints in the home factory. It was only after 1907 that manufacturing units were established to safeguard the companies' British patents. Consequently, the traditionally held notion that it was solely the patent law of 1907 which sparked off German FDI in the British chemical industry needs to be modified.
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Alperytė, Irena, and Margarita Išoraitė. "Developing a City Brand." Journal of Intercultural Management 11, no. 4 (December 1, 2019): 1–27. http://dx.doi.org/10.2478/joim-2019-0022.
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Abstract The article analyses theoretical aspects of a city brand definition, applying cases of various brands of Lithuanian cities. A brand is any sign or symbol which helps to distinguish goods or services for one person from the goods or services of another, and which may be represented graphically. The brand can be a variety of symbols, their combination, and other visual manifestations of information, such as words, names, slogans, letters, numbers, drawings, emblems; or spatial characteristics of the product itself – its image, packaging, shape, color, color combination or a combination of all these. City development usually includes an image dimension. The common ground for this is that a well-known toponym often generates events, investments, etc. Many cities are actively positioning and promoting their strategic intentions. Often times a city brand is associated with its fight for investment, tourist numbers, or successful businesses. Objective: To scrutinize relevant theories applicable to city visual branding; to look through various definitions of the city branding and envisage some advantages and disadvantages they might pose; and to analyze various case studies so that we could summarize the methodologies of why and how we could better position our local products globally. Methodology: The case study methods were used as part of a complex study and combined with in-depth interviews as well as benchmarking methods from various sources. In-depth interview method was used to obtain expert opinions on the subject. The in-depth interview method helped to analyze logo usage, goals, define pros and cons, and evaluate the results of logo design in urban development. This method was chosen to collect detailed and authentic material based on the attitudes and experiences of those involved in such a creative process. Findings: The conclusion was reached that since a place prompts a lot of variables, in the future we need to consider more numerous components, such as population, industries, landscape, economies or history, etc. The hypothesis was confirmed about the variables of the city to be further considered for (re)branding, such as the cost, semantic complexity, societal charge, and the dynamics (changeability, or rigidity). As for the methodologies, we arrived at the conclusion that the best way to create a viable city brand is a collaboration between different stakeholders. Value Added: The article adds to European experts’ suggestion of rethinking the concept of design itself, as until now a one-sided approach to design as a means of schematizing a product has prevailed. This approach, even regulated by Lithuanian law, does not cover the whole process of creating and implementing an idea. “Design is a problem-solving approach that focuses on the user during its development. It can be applied in both the public and private sectors to promote innovation in products, services, processes and even legislation,” says Dr Anna Whicher, expert on design policy and strategy of the European Commission. In other words, design has been increasingly integrated into the science, business, social and service sectors to maximize innovation. As many as 63 percent of Lithuanian businesses do not use design solutions (product design, stylization or business strategy development) at any stage of production. This figure is below the EU average, where almost half of all businesses already integrate design solutions into their operations. Lithuania is also one of the 13 countries in Europe (out of 28) that does not have design policy documents or a community uniting organization, such as design centers in Great Britain, Denmark, Estonia or other countries. The paper invites Lithuania to re-think its design development policies at large, paying attention to urban design solutions in particular. Recommendations: In further research, while selecting potential expert for city logo development, it is recommended that priority should be given to (a) responsible experts in strategic / territorial and national policy making or related activities, (b) experts with knowledge of sustainable development, (c) independent sustainable development analysts / consultants / private and academic or who have implemented specific project-based SDs both nationally and internationally. The stakeholders in this process should be representing: 1) Public Sector, 2) NGOs, 3) Private Sector, 4) Academy and 5) Independent Experts.
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Veinan, Marcus. "Conversion Therapy and its Compatibility with European Human Rights Law." Zeitschrift für europarechtliche Studien 25, no. 1 (2022): 141–70. http://dx.doi.org/10.5771/1435-439x-2022-1-141.
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Conversion therapy, which refers to a set of practices that aim to change or suppress the sexual orientation or gender identity of LGBTI people, causes harm to young European citizens. Notwithstanding, only three of 44 sovereign states in Europe have banned the practices. Moreover, the European organisations - the Council of Europe and European Union - have not taken sufficient action, although they have certain competences to adopt legislation in the field of LGBTI rights. In the absence of explicit legislation on conversion therapy, the article principally examines conversion therapy under European human rights law. More specifically, the article seeks to answer whether conversion therapy violates the individual rights of recipients and if individual rights grant providers a right to perform the practices under European human rights law. By extension, the article scrutinises whether a domestic ban on conversion therapy in European states can be justified considering the interests of states and providers. Finally, the article encompasses a normative assessment on the future regulation of conversion therapy in Europe.
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Lubbe-Wolff, G. "Efficient environmental legislation - on different philosophies of pollution control in Europe." Journal of Environmental Law 13, no. 1 (January 1, 2001): 79–87. http://dx.doi.org/10.1093/jel/13.1.79.
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Gallego, Gorka. "Waste Legislation in the European Union." European Energy and Environmental Law Review 11, Issue 1 (January 1, 2002): 8–15. http://dx.doi.org/10.54648/404904.
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As we embark upon the Sixth Environmental Action Programme two articles look at the development of waste legislation and ask how important is the environment for Europe nowadays; what level of environmental protection do we have now; and how do we deal with the waste we produce in Europe? This second of the articles includes an examination of the transport of waste and liability for environmental damage together with some concluding observations.
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Piers, Maud. "Consumer Arbitration and European Private Law: A Seminal Consumer Arbitration Model Law for Europe." European Review of Private Law 21, Issue 1 (January 1, 2013): 247–88. http://dx.doi.org/10.54648/erpl2013008.
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Abstract: This article explores the way in which consumers could best resolve their disputes through arbitration. It focuses on arbitration and looks at how this works - or should work - within the legislative framework of the European Union. The essence of the consumer arbitration problem in Europe is that the existing arbitration laws (sensu latu) are aimed at regulating disputes between businesses. Consumer arbitration is generally not subject to a distinct set of rules. Most European Member States tend to ignore such distinctions in their legislation. Some have adopted specific rules regarding the consumer arbitration agreement. Oftentimes the same laws apply to both types of arbitration procedures. Consumer arbitration, however, serves a different purpose and has a different dynamic than business-to-business arbitration. This article departs from the basic assumption that also with regard to arbitration, rules that are tailored to the needs of Business-to- Business (828) relationships may not necessarily produce satisfactory results for the parties in a consumer arbitration. The aim of the proposed research is to draft a set of legal rules that delineates a workable and legitimate consumer arbitration in Europe that is sufficiently attuned to the standards of consumer protection required by the European Union legislation.
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Baxtiyor Qizi, Zaynobiddinova Farangiz. "Modern Investment Legislation And Judicial Practice Are The Legal Guarantee Of Effective Reforms." American Journal of Political Science Law and Criminology 03, no. 09 (September 17, 2021): 30–39. http://dx.doi.org/10.37547/tajpslc/volume03issue09-06.
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In this article, modern investment legislation is considered on the basis of legal acts regulating investment activity. The state of the investment climate in the country is summarized with judicial practice. In addition, in the scientific work has been analyzed the features and differences of the previous legislation of the Law of the Republic of Uzbekistan “On Investments and Investment Activities”. Furthermore, based on the results of the study, several proposals were recommended to improve legislation and practice of the Investment Activities in the Republic of Uzbekistan, the implementation of legal norms and to ensure effective protection of investors' rights.
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Janik, Bogna, and Katarzyna Maruszewska. "Valuation of the Environmental Effects of Socially Responsible Investments in Europe." Sustainability 12, no. 23 (November 25, 2020): 9855. http://dx.doi.org/10.3390/su12239855.
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This paper evaluated the environmental effects of socially responsible investments (SRIs) in European countries and analyzed the differentiation between them in terms of SRIs and selected features in the environmental dimension. The first section of the paper discusses contemporary trends in Europe and in certain European countries, whilst the second compares SR environmental investments and environmental factors in selected European countries from a multidimensional perspective. The aim of the study was to identify and evaluate these trends as well as to find similarities and differences between European countries, and subsequently to indicate groups of countries with similar approaches to pro-ecological investments. In order to solve the problem, descriptive and multidimensional statistical methods were used, namely correspondence analysis (CA). Although the research results clearly revealed upward tendencies in the volume of SR environmental investments in the analyzed period, they nonetheless represent a relatively low share in the total number of socially responsible investments. The overall growth in SRIs in Europe may have resulted from the more intense activities of policymakers in some countries as a consequence of concluding agreements reached during the 21st Conference of the Parties (COP21) in 2015. The results of the study also revealed no significant correlations between SR environmental investments and environmental variables among the European countries analyzed; hence, there is no substantial evidence that investors’ assets contribute to the improvement of the environment.
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Bungenberg, Marc, and Angshuman Hazarika. "Chinese Foreign Investments in the European Union Energy Sector: The Regulation of Security Concerns." Journal of World Investment & Trade 20, no. 2-3 (May 14, 2019): 375–400. http://dx.doi.org/10.1163/22119000-12340136.
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Abstract Energy investments from China have been flowing into the European Union (EU) over the last decade at an increasing rate. Part of these investments are made under China’s Belt and Road Initiative (BRI) and involve Chinese State-owned Enterprises (SOEs). This flow of investments into critical sectors such as energy infrastructure and generation has raised considerable concern over their potential national security implications and prompted the European Commission to prepare new legislation to screen foreign investments in critical sectors, including energy. The new EU regulations complement existing investment screening mechanisms in a number of EU member states, and the application of EU merger control law. This article looks at the different screening and clearance mechanisms which Chinese investments in the energy sector may have to pass in the EU and aims to show how these screening mechanisms are used in practice.
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Pinet, Geneviève. "The WHO European Program of Health Legislation and the Health for All Policy." American Journal of Law & Medicine 12, no. 3-4 (1986): 441–60. http://dx.doi.org/10.1017/s009885880000976x.
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AbstractThe purpose of this paper is to provide a comprehensive review of the work of the World Health Organization (WHO), begun a decade ago in Europe, in the field of health legislation. This program is the result of the interaction between two important factors: the trends in national health policy and legislation at the country level, and the implementation of the Health for All policy, which has been collectively adopted by the European Member States in various WHO fora.Health legislation has proved to be a valuable tool in supporting National Health Policies in European countries and a key element in international health activities. The paper will be presented in three main parts. The first examines the legislative implications of the Health for All policy and strategy. The second gives an overview of developments in health legislation in Europe, focusing on national achievements in three areas in which change is necessary to achieve Health for All: health care systems, the environment, and lifestyles. The third part gives an account of activities carried out by the Regional Office for Europe of WHO in the health legislation field, recalls the organization of the first WHO medium-term program in this field, and summarizes its four current subprograms on health policy, health situation, exchange of information, and training. The conclusion briefly outlines the prospects for further developments in Europe.
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Wieczorkiewicz, Piotr, and Pawel Czechowski. "The Impact of Changes in Planning Legislation on Investment Processes in Poland: Selected Issues." Journal for European Environmental & Planning Law 3, no. 1 (2006): 28–42. http://dx.doi.org/10.1163/187601006x00056.
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AbstractIn 2003, major amendments were introduced to the Polish legal system concerning planning, spatial development, construction and other related issues, including a completely new Act on planning. Two years following the amendments this article is aimed at outlining the current spatial development legal framework, nature and general direction of changes as well as selected practical effects of the changes on the planning, both beneficial and adverse. In particular, the article deals with the impact which current Polish planning and related laws have on investments, both private and public.
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Wright, Jessica, Sjef Gevers, Corrette Ploem, and Marcin Śliwka. "Regulating Tissue Research: Do We Need Additional Rules to Protect Research Participants?" European Journal of Health Law 17, no. 5 (2010): 455–69. http://dx.doi.org/10.1163/157180910x525295.
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AbstractThis article explores whether additional rules are needed for the regulation of tissue research in Europe. A human rights-based approach (referring to international documents and illustrative examples from national legislation) is taken to address the question: what is so special about tissue, in particular when compared to personal data? The existing regimes in Europe on data protection and clinical trials are presented and examined for their suitability to govern tissue research, taking into account the differences between data and tissue. Six recommendations are outlined, highlighting important points future legislation on tissue research must take into account.
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Choi, Chong Ju. "Product Origin and Anti-Dumping: Europe versus Japan and Korea." Journal of Interdisciplinary Economics 4, no. 4 (July 1992): 331–39. http://dx.doi.org/10.1177/02601079x9200400404.
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The purpose of this paper is to analyze from a law and economics perspective, two issues that have become increasingly prominent in Europe and East Asian relations. The first is that of product origin, and includes the issue of Japanese automobile “transplants” in Europe. The second is that of the European Community’s recent new legislation on “unfair” trading practices in services, which can also be seen as a type of anti-dumping policy towards services; a Korean company has been the first to suffer from this new legislation. In our paper, we focus on these two cases, one Japanese, and the other Korean, to better analyze the law and economics of future Europe-East Asian relations.
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Beslac, Milan. "The scope of foreign direct investment in South Eastern Europe and the economy of SCG." Ekonomski anali 51, no. 168 (2006): 95–108. http://dx.doi.org/10.2298/eka0668095b.
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Foreign direct investments have had a long tradition in the modern Serbian history. The influence of the foreign capital on the Serbian economy was particularly expressed in the period between the two World Wars, when France England, Belgium, Germany and even Russia invested into Serbia. After World War II, until the end of the sixth decade, foreign direct investments were not stipulated in the legal regulations. In the last decade of the twentieth century and at the beginning of the twenty-first, the inflow of foreign direct investments has been provided for through the economy transformation and privatization process. In the last three years, privatization has been oriented only to sale and inflow of foreign capital, while the reverse process, i.e. investment into foreign countries (outflow), has been totally neglected. Therefore, orientation only to the FDI inflow constitutes both an opportunity and an obstacle to intensive economic development. Along with that, the following laws have not been passed yet: Law on Denationalization Law on Investment Funds and Law on Takeover of Joint-Stock Companies. Such laws will ensure completion of the privatization process and create an ambience for intensive economic development.
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Dąbrowska, Anna. "Influence of the Law of the Council of Europe on Substantive Administrative Law in Poland. Selected Issues." Studia Iuridica Lublinensia 29, no. 1 (March 29, 2020): 67. http://dx.doi.org/10.17951/sil.2020.29.1.67-83.
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<p>Legislative powers of the Council of Europe have a crucial impact on the domestic legal systems of the EU Member States including substantive administrative law, i.e. such an area of administrative law which defines rights and responsibilities of the public administration bodies and citizens. The legislation created by the Council of Europe’s bodies has a great impact on the areas of law which were earlier regarded as the exclusive responsibility of a given country. The Council of Europe has always been a major source of standard setting. This paper analyses selected areas of substantive administrative law taking into account hard law and soft law documents developed under the auspices of the Council of Europe.</p>
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STAVSKA, Yulia. "THE GREEN TOURISM AS A DIRECTION OF DEVELOPMENT OF RURAL AREAS." "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", no. 1 (41) (January 2019): 83–95. http://dx.doi.org/10.37128/2411-4413-2019-1-7.
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Ukraine, choosing its strategic course of integration into the European Union, took the time to accelerate the reform of various spheres of socio-political and economic life of the country, in particular, the sphere of tourism services, transforming it into the standards of the European Union. The world-wide experience of progressive management gives tourism the first place among other sectors of the economy in terms of exports of goods and services. In conditions of development of the Ukrainian state, tourism becomes an effective means of forming a market mechanism of management, the receipt of significant funds to the state budget, one of the forms of rational use of free time, conducting meaningful leisure, studying the history of the native land, attracting the general population to the knowledge of the historical and cultural heritage. Current experience and scientific research show that accelerated development of rural green tourism can play the role of a catalyst for structural adjustment of the economy, provide demographic stability and solve urgent socio-economic problems in rural areas. It is important for Ukraine to overcome the gap in this area and realize the existing rich tourism potential through an elaborate policy of state regulation, including at the regional level. One of the reasons for the rapid development of rural green tourism in Europe is the crisis in the agricultural sector. Today, the process of productivity and automation of agriculture leads to jobs reduction. In fact, in many rural regions of Europe, agriculture has ceased to be the most important form of land use and the most important activity of the rural community. The rural green tourism is closely linked with other types of tourism, primarily with recreational, cultural, specialized tourism types – relief, gastronomy, ethno-tourism, etc. All this allows rural tourism to be included in combined tours, increasing the demand for a traditional tourist product. The rural green tourism in Ukraine is a holiday of the inhabitants of the city in the countryside in guest rooms created by a village family on the basis of its own residential house and private plot. As entrepreneurial activity, rural green tourism develops rather heterogeneously in different regions of Ukraine. Systematization of motivational interests of the rural green tourism activation in the regions of Ukraine showed that the dominant motives for diversification of activities in agricultural sector in the current conditions of rural areas development are: increase of incomes of rural population and increase of employment level, the possibility of diversification of income sources of peasants, significant investments and additional training, opportunities for self-realization of rural inhabitants. Priority directions of development of green tourism in these regions in the near future should be: reception and accommodation of tourists; rental of tourist equipment; production and sale of tourist goods of folk crafts; provision of tourist services (bicycle, gastronomy, agrotourism, cultural and historical tourism, organization of recreational recreation, mountain and ecological tourism); organization of tasting and culinary excursions; active development of the hotel business, camping (construction of agricultural cottages, fishing houses, farmhouses, horse farms); organization of historical and ethnographic events; distribution of religious tours; providing a complex of widely distributed services (fishing, hunting, picking berries and mushrooms, medicinal plants, etc.); development and popularization of water sports (kiting, windsurfing). The research of the current conditions for the development of green tourism in the regions of Ukraine allowed to outline the area of the key problems that hinder the active expansion of this type of activity: - disorderly legislation on key aspects of tourism business regulation in rural areas; lack of a law regulating this type of activity; - low level of development of the infrastructure of the market of green tourism services and social infrastructure of the village; - outdated stereotypes of rural residents, which hinder the active development of the newest types of tourism industry, the pronounced unsystematic and irregular nature of services; - absence of state programs supporting development of green tourism and limited amount of their financial, consulting and information-marketing support; - low level of informatization and popularization of green tourism in the regions of Ukraine among the population of European countries; - lack of political stability and social tension in society, deterioration of the world image of Ukraine. Thus, Ukraine has a rather powerful potential for the development of green tourism as an alternative type of agribusiness in the regions of Ukraine. In the context of modern economic conditions, solving key problems of development of green tourism forms the fundamental framework for addressing the most important socio-economic issues of rural areas: overcoming unemployment, promoting employment, raising incomes and quality of life for rural inhabitants.
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Snacken, Sonja. "Resisting punitiveness in Europe?" Theoretical Criminology 14, no. 3 (August 2010): 273–92. http://dx.doi.org/10.1177/1362480610370165.
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Criminological literature of the last decade is rife with tales and analyses of ‘increased’ or ‘new’ punitiveness in western countries over the last 20 or 30 years. This article starts from the finding that levels of punitiveness vary greatly between countries and are correlated with welfare investments and political economy, different democratic political structures leading to more or less populist punitiveness and a different emphasis on human rights and human dignity. It builds on a former argument that penal policies are the result of political choices and transforms the empirical findings concerning welfare, democracy and human rights into normative arguments for a reduced punitiveness.
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Zielińska, Eleonora. "Recent trends in abortion legislation in Eastern Europe, with particular reference to Poland." Criminal Law Forum 4, no. 1 (February 1993): 47–93. http://dx.doi.org/10.1007/bf01096024.
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Jendrośka, Jerzy. "Roots of Modern Environmental Law in Europe." Journal for European Environmental & Planning Law 18, no. 3 (July 26, 2021): 201–24. http://dx.doi.org/10.1163/18760104-18030004.
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Abstract The article provides a concise overview of the origins of modern environmental law in Europe based on general historical studies or the legal studies dealing with the history of environmental law in particular European regions or countries. It presents historical development of the two fundamental branches of environmental law, namely nature conservation and pollution control, first at the medieval times and then as a consequence of Industrial Revolution. The article presents the legal instruments and concepts invented in the past in the light of the instruments and concepts used in the current European legislation. In this context it attempts to show that some of the contemporary concepts and many of currently used legal instruments of environmental policy are not the modern invention and have the roots in some older concepts and instruments invented already long time ago in some national legislations in Europe. In conclusion the article claims that while the global challenges brought about by the climate change require politicians to seek a new, more comprehensive, approach to environmental policy and law – some lessons learned from the past experience may be useful.
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Pantazi, Tania. "Airline Bankruptcy and Consumer Protection in the European Union." Air and Space Law 35, Issue 6 (November 1, 2010): 409–21. http://dx.doi.org/10.54648/aila2010045.
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Airline bankruptcy is a common phenomenon in Europe, especially in the last decade. A sudden interruption of operations is often the result of air carrier’s financial problems or the revoking of its operating license. The liberalization of air transport industry in Europe, along with other factors, has contributed to the increase in the number of airline bankruptcies. Consumers facing airline bankruptcies, however, are not always protected, as there are cases in which passengers were stranded abroad or not compensated because of lack of assets. The existing legal framework of the European Community does not contain any specialized provision, although there is Community legislation on the monitoring of airline finances, travellers’ rights, and insolvency proceedings. This article examines the relevant legal instruments and discusses potential amendments to legislation, such as mandatory insurance or the creation of compensation funds, in order to provide consumers with effective protection against airline insolvency.