Academic literature on the topic 'Nationals of Member States and third States'
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Journal articles on the topic "Nationals of Member States and third States"
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Guild, Elspeth. "EU Citizens, Foreign Family Members and European Union Law." European Journal of Migration and Law 21, no. 3 (2019): 358–73. http://dx.doi.org/10.1163/15718166-12340055.
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Abstract While international human rights law enshrines family life as a cornerstone of society, when it intersects with migration, issues and problems arise in countries where migration is high on the political agenda. This is true in a number of EU states. Both EU law and European human rights commitments, however, require states to provide for family reunification subject to a margin of discretion to the state. While family reunification for refugees and beneficiaries of international protection has been at the top of some political agendas in Europe, this article looks at family reunification (generally known as family reunion) for another group—nationals of the Member States. In particular it poses two questions: do EU Member States accept their own nationals to come back to their home state with third country national family members they have acquired while abroad? Secondly, to what extent do EU Member States discriminate against their own nationals in comparison with the generous EU rules of family reunion for nationals of other Member States who have exercised a free movement right in their country. This article is based on reports by experts from all EU Member States in light of the 2014 judgment in O & B (C-456/12) by the Court of Justice of the European Union.
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Føllesdal, Andreas. "Third Country Nationals as European Citizens: The Case Defended." Sociological Review 48, no. 1_suppl (2000): 104–22. http://dx.doi.org/10.1111/j.1467-954x.2000.tb03508.x.
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The Amsterdam Treaty bolsters Union citizenship in order to bring the European Union closer to the citizens of Europe.1 Inadvertently, this strategy gives citizens of non-EU states an inferior status in the European Union, even though they may be semi-permanent residents in a Member State. Union citizenship increases the social and political exclusion of third country nationals, in violation of the basic democratic principle that those affected by social institutions should also enjoy political levers of influence. This chapter first briefly sketches a Liberal Contractualist defence for awarding this group full citizenship in the relevant Member State, arguing in particular for three somewhat contested issues: that third country nationals should not only enjoy Union citizenship, but also be given national citizenship in the Member State of residence; that Member States may impose conditions, oaths etc. on such prospective citizens; and that Member States may withhold some privileges from those resident third country nationals who refuse to be naturalised. The chapter goes on to present and discuss, only to dismiss, the most plausible arguments offered in defence of current practice within the context of a Europe of open borders for Member State citizens. These arguments seek to deny citizenship to third country nationals in order to: protect national and locally endorsed values ensuring social homogeneity of the community; exclude people with non-liberal values; ensure commitment to a shared future which warrants democratic rights in the first place; avoid instability caused by citizens with conflicting multiple loyalties; ensure and foster the ideal of active political participation, impossible for dual citizens; and avoid backlash problems among current EU citizens which threaten the stability of welfare policies of member States and the EU.
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Voloshyn, Yuriy, and Nataliia Mushak. "ADMINISTRATIVE AND LEGAL GROUNDS FOR DEPORTATION AND EXPULSION OF THIRD-COUNTRY NATIONALS FROM THE EUROPEAN UNION’S MEMBER STATES." Administrative law and process, no. 4 (31) (2020): 5–17. http://dx.doi.org/10.17721/2227-796x.2020.4.01.
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The purpose of the article is to highlight key issues related to the deportation and eviction ofthird-country nationals from the Member States of the European Union.The article covers the key issues related to the deportation and expulsion of third-country nationalsfrom the European Union’s member states. The research determines that within the European Union most of the issues related to the deportation and expulsion of third-country nationals fromthe EU territory and EU member states are classified as a common immigration policy.The study used a set of methods that defined its purpose and objectives. The authors used acomplex of general scientific and special scientific methods. The dialectical method of cognitionwas used in the analysis of legal relations that are developed within the EU and are in conditionsof continuous development and improvement. The historical and legal method provided anopportunity to investigate the practice of deportation by states at different stages of EU lawdevelopment. The comparative and legal method was used in comparison with the conditions ofdeportation in different European countries.The results of the article are determined by key provisions regulating the issue of deportationand eviction, which serve as legal measures in the fight against the EU and its member states withillegal migration.It has been established that deportation and expulsion serve as legal measures in the fight againstthe EU and its member states with illegal migration. It is emphasized that among the effectivemeans of combating illegal immigrants is the adoption by both the European Union and its MemberStates of the readmission agreements with third countries, which provide for the procedure ofsimplifying the return of persons who do not have legal grounds for staying in the territory of anEU member state, to the country of origin or transit, as well as solving problems related to thereturn procedure, formalizing the effective process of returning persons and preventing problemsin this in the field.The conclusions highlight that in most European countries, the issues of deportation and expulsionare regulated solely on the basis of national legislation, taking into account the standards andnorms of EU law. A number of documents that determine a safe third country have been analyzed.A safe third country is a country that guarantees the right of third-country nationals to apply forasylum.The research analyses the legal instruments of the European Union, which guarantee the right toasylum and provides for compliance with the principle of non-adoption. It is stated that no onecan be expelled or extradited to a state in which there is a serious danger that such a person maybe given a death penalty.There are legal grounds for non-resettlement, and individuals cannot be tortured or punished.
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Hardy, Julien. "The Objective of Directive 2003/86 Is to Promote the Family Reunification of Third Country Nationals." European Journal of Migration and Law 14, no. 4 (2012): 439–52. http://dx.doi.org/10.1163/15718166-12342017.
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Abstract This paper provides an analysis of the objective attributed by the CJEU to Directive 2003/86 in the Chakroun (C-578/08) decision and its impact on Member States’ margins of manoeuvre. The Court indeed stated that ‘(. . .) the margin for manoeuvre which the Member States are recognised as having must not be used by them in a manner which would undermine the objective of the directive, which is to promote family reunification, and the effectiveness thereof’.1 Astonishingly enough, this part of the judgement has not stirred much reaction from commentators and Member States. After an analysis of the meaning of ‘promoting’, and of the rationale and value of the CJEU’s position, I will expose the impact that it might have on the margins of manoeuvre of Member States while implementing the directive. All this should help to grasp the Court’s statement, and as a matter of consequence, to gauge the compliance of national legislations and practices.
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Csatlós, Erzsébet. "Consular cooperation in third states: Some aspects concerning europanisation of foreign service for EU citizens." Bratislava Law Review 1, no. 1 (2017): 71–83. http://dx.doi.org/10.46282/blr.2017.1.1.57.
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The EU does not aim to harmonize the public administration of Member States, although, in recent years, there have been several examples which prove that EU legislation in whatever policy inevitably and unavoidably results in some standardization. In 2015 the EU replaced its former decision with a directive to enhance Member States to co-ordinate consular assistance in third States. Every EU citizen has the right to enjoy, in the territory of a third State in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State. This provision of Article 23 of TFEU not solely requires the cooperation of administrative authorities of foreign service but implicitly means a kind of harmonization of substantive law, leads to organizational changes and affects administrative procedural rules of Member States.
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Mushak, N. "LEGAL PROTECTION OF THIRD-COUNTRY NATIONALS IN THE EUROPEAN UNION." ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS 1, no. 127 (2016): 95–103. http://dx.doi.org/10.17721/apmv.2016.127.1.95-103.
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The article is devoted to the legal analysis of the EU common policy in order to provide protection to third country nationals. To control the issues caused by a significant increase of the number of asylum seekers and refugees into the territory of the EU Member States the European Union is developing a common policy on asylum and protection of third-country nationals crossing the external borders of the EU Member States. The EU common policy in this area is the European Union coordination policy to establish common rules for asylum for third-country nationals; establish common rules to provide the additional security for third-country nationals who without obtaining the European asylum in whole, however, need the international protection; to create a common system of temporary protection for displaced persons in regard of their substantial influx; to determine common procedures for granting and withdrawing of a single asylum status or additional protection. Special attention is paid to the analysis of the asylum procedure of third-country nationals. As well as issues related to the protection of external borders, visa and immigration policies TFEU predicts a joint adoption by the European Parliament and the Council decision under the ordinary legislative procedure, id est voting for proposal of the EU Commission. Simultaneously, under the TFEU, if within one or more EU Member States there is an emergency situation characterized by a sudden influx of third-country nationals, the EU Council for the EU Commission proposal and acting after the consultations with the European Parliament may adopt temporary measures in favor of the interesting Member States. Nowadays the European Union is in dynamic and permanent development process of a common policy to provide protection to third-country nationals. This policy is implemented through the use of the EU method of coordination in matters relating to the establishment of the common status of asylum for third-country nationals; determining the status of a common additional protection for third-country nationals; the introduction of a common system of temporary protection for displaced persons; establishing of common procedures for granting and withdrawing of a common asylum status or additional protection.
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Goldner Lang, Iris. "The European Union and Migration: An Interplay of National, Regional, and International Law." AJIL Unbound 111 (2017): 509–13. http://dx.doi.org/10.1017/aju.2018.4.
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If global migration law “includes all levels of the law,” then the European Union represents the most developed instance of the interplay of national, regional, and international law. Migration law in the European Union involves the interaction of EU Member States’ national laws, EU regional law, and international law. This complex interchange of different migratory legal regimes is the consequence of diverse, and sometimes conflicting, objectives and interests of the Union and its Member States, and the nature of EU law itself. This essay explores the impact of these three levels of the law on the four migratory regulatory categories—EU citizens, “desirable” third-country nationals, asylum seekers, and all other third-country nationals—and the three objectives associated with these categories. The predominance of one legal regime over another varies depending on the regulatory category of migrants and the objectives associated therewith. While describing the existing legal systems, the essay outlines their attributes and shortcomings, the most prominent being: a clear rift between the rights granted to EU citizens and to third-country nationals; EU Member States’ determination to reserve to their respective national territories a high level of national control over labor migration; and significant deficiencies of the EU asylum law which were brought to the surface by the recent refugee influx into the EU.
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Nikolajova Kupferschmidtová, Elena. "Language assitance as a procedural safeguard increasing the legal security in relation to migration." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (2021): 34–41. http://dx.doi.org/10.31733/2078-3566-2021-1-34-41.
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The focus of the present paper lies on the attempt to map the current situation in the field of language/linguistic assistance provided to the third-country nationals detained in the detention facilities of the EU Member States. The author, particularly, stresses out the difficulties in ensuring the professional translation and interpreting services especially in cases of less-spread and indigenous languages that are in most cases mother tongues of the detained nationals. Thus, EU Member States face a formidable task as the obligation to ensure the procedural safeguards listed in the European Convention on Human Rights are guaranteed, and the fundamental rights are protected, and the language assistance is definitely one of them. Respect and protection of fundamental human rights contributes to the elementary sense of safety in all Meber States nationals living in the territory of the EU, even in the third-country nationals arriving into the EU. The present paper is the output of the project of the Academy of the Police Force in Bratislava: Intercultural Communication with the Third-Country Nationals in Detention Facilities (No. 241)
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Beduschi, Ana. "An Empty Shell? The Protection of Social Rights of Third-Country Workers in the eu after the Single Permit Directive." European Journal of Migration and Law 17, no. 2-3 (2015): 210–38. http://dx.doi.org/10.1163/15718166-12342078.
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This article critically assesses the effectiveness of third-country nationals’ social rights protection in the eu following the adoption of Directive 2011/98/eu (‘the Single Permit Directive’). This instrument establishes a single permit for work and residence and sets up a common set of rights for third-country workers legally residing in a Member State. This article argues that despite being an important instrument allowing for a better protection of social rights of third-country nationals, the directive still reveals significant inconsistencies. First, due to difficult negotiations at the Council, the final text of the directive maintains the fragmented approach to legal immigration, excluding several categories of third-country nationals from its personal scope. Second, it also allows Member States the opportunity to impose important restrictions on social rights while implementing the directive. Finally, these restrictions can have considerable implications for the integration of immigrants in the host Member State. Accordingly, the argument is advanced that in reality the protection of third-country workers’ social rights in the eu still largely depends on the Member States’ political will.
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Moçka, Ervis. "The Importance and Application of the Principle of Equal Treatment of Third Country Nationals in the EU." European Journal of Social Sciences Education and Research 1, no. 1 (2014): 174. http://dx.doi.org/10.26417/ejser.v1i1.p174-178.
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The communitarization of immigration and asylum disciplines and the beginning of a common European Union policy in such areas will begin to create more favorable conditions for the integration of third country nationals who are legally resident, in the territory of the EU. The Tampere European Council of 1999 stressed the need to provide to nationals of third countries rights and obligations similar to those of EU nationals, in order to eliminate social, economic and cultural discrimination. This could be possible through the approximation of the legal status of third country nationals to that of EU nationals. To achieve this goal, there are adopted secondary norms of Community legislation on equal treatment for certain categories of citizens of third countries as refugees, the long-term residents, etc. Regulation EC No 859/2003 extended the effects of the provisions relating to the coordination of national social security regimes and to third country nationals. This European common policy took a new development with the Lisbon Treaty. One of the objectives of the common policy on immigration is the one which provides an equo treatment to third-country national who are legally resident in one of the Member States. This attitude finds concretization even to several articles of the European Charter of Fundamental Rights, which after the Lisbon Treaty has binding legal effects as it has the same legal value of the treaties. The Directive 2011/98/EU aims to establish a single procedure for third country nationals to obtain a combined permit for both residence and work, establishing a series of rights for third-country nationals who are legally resident in a Member State. This directive, in certain sectors, provides an equal treatment of third country nationals with those national. But the text of the directive provides also the cases when EU Member States may derogate from the application of the principle of equal treatment. This paper aims to analyze legal instruments adopted by the EU which recognize the principle of equal treatment of nationals of third countries with nationals, as well as the ways provided to implement this important principle.
Dissertations / Theses on the topic "Nationals of Member States and third States"
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Gaye, Kadiata. "La nécessaire amélioration de la situation juridique de tous les travailleurs migrants dans l'union européenne quelque soit leur Etat d'origine." Electronic Thesis or Diss., Normandie, 2017. http://www.theses.fr/2017NORMLH35.
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Au sein de l’UE, les travailleurs migrants sont ressortissants des États membres et des État tiers. Mais, les règles qui leur sont applicables sont très différentes. Les travailleurs ressortissants des États membres ont un statut privilégié lié à la libre circulation et à la citoyenneté de l’UE. Toutefois, ils sont confrontés aux discriminations exacerbées par la disparité des législations nationales et la crise économique. Le tableau est encore moins reluisant pour les travailleurs ressortissants d’États tiers. A leur niveau, les discriminations sont à plusieurs échelles liées à la multiplicité des statuts de ressortissants d’États tiers. L’éparpillement des règles applicables entre droits nationaux, droit de l’UE et accords internationaux génèrent un imbroglio législatif et réglementaire. La segmentation du droit applicable aux travailleurs migrants est ainsi source de disparités de traitement et de concurrence entre les travailleurs. L’amélioration de leur situation juridique est dès lors nécessaire. Elle peut se faire grâce à l’harmonisation du statut de tous les travailleurs migrants, source de cohésion sociale et d’égalité. Elle passe par l’égalité de traitement entre les travailleurs qui est nécessaire pour l’accès à l’emploi, une vie familiale normale, le bénéfice des prestations sociales et la participation à la gestion de la cité. En attendant l’adoption de la citoyenneté européenne de résidence qui réduirait fortement l’éparpillement des règles et les discriminations, la quête de l’égalité passera par l’acquisition de la nationalité du pays d’accueil. Les droits inhérents à la nationalité restent, en principe, le meilleur garant de l’égalité de traitement<br>Within the EU, migrant workers are nationals of Member States and third countries. But the rules that apply to them are very different. Workers who are nationals of the Member States have a privileged status linked to the free movement and citizenship of the EU. However, they face discrimination, exacerbated by disparities in national legislation and the economic crisis. The picture is even less striking for workers who are nationals of third countries. At their level, discrimination on several levels is linked to the multiplicity of the statutes of third-country nationals. The scattering of the applicable rules between national laws, EU law and international agreements generate a legislative and regulatory imbroglio. The segmentation of the law applicable to migrant workers thus leads to disparities in treatment and competition between workers. The improvement of their legal situation is therefore necessary. It can be achieved through the harmonization of the status of all migrant workers: a source of social cohesion and equality. It involves equal treatment of workers, which is necessary for access to employment, normal family life, the enjoyment of social benefits and participation in the management of the city. Pending the adoption of European citizenship of residence which would greatly reduce the scattering of rules and discrimination, the quest for equality will require the acquisition of the nationality of the host country. In principle, the rights inherent in nationality remain the best guarantee of equal treatment
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OLIVEIRA, Alvaro Castro. "Third country nationals and European Union law : a critical analysis of issues in European Community and European Union law regarding natural persons who are nationals of third countries and live in member states." Doctoral thesis, 1996. http://hdl.handle.net/1814/4734.
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Defence date: 19 April 1996<br>Examining Board: H. U. Jesserun d'Oliveira, E.U.I.-Univ. Amsterdam (supervisor) ; David O'Keeffe, U.C.L.-College of Europe, Bruges (co-supervisor) ; Brian Bercusson, EUI-Manchester University (co-supervisor) ; R.M. Moura Ramos, Univ.Coimbra-EC Court of First Instance ; Francis Snyder, EUI<br>First made available online 19 December 2016<br>This thesis analyses issues in European Community Law and European Union Law related to immigration from third countries into the Union and regarding natural persons already living within the countries of the Union who do not have the nationality of a Member State. For the sake of simplicity these persons are referred to as third country nationals, or immigrants from third countries. In the absence of indications to the contrary, these expressions should be understood as comprising three categories of persons who live in a Member State of the European Union [hereinafter ’’Member State”]: first, nationals of a third country who have immigrated into a Member State; secondly, persons born in a Member State but who have the nationality of a third country and, finally, also stateless persons. In 1992 these three categories made up a total of about 10 million persons. The key concern of this thesis is the situation of third country nationals belonging to national or racial groups who are socially disadvantaged. Clearly, in certain areas, Swiss, (white) American or even Japanese entrepreneurs or managers are in a completely different position to that of Algerian, Chinese or Peruvian low-skilled workers. The latter have a far less advantageous socio-economic status in comparison to the former. They are the ones in need of more attention from public institutions and from the society as a whole. Thus, they are the main concern of this thesis. However, in certain other domains, any person not having the nationality of a Member State can confront basically the same problems - like those pertaining to exclusion from the rights granted only to nationals of a Member State. In this aspect, the thesis will examine in the same manner the position of all third country nationals.
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MORARU, Madalina Bianca. "Protecting (unrepresented) EU citizens in third countries : the intertwining roles of the EU and its Member States." Doctoral thesis, 2015. http://hdl.handle.net/1814/36996.
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Defence date: 22 June 2015<br>Examining Board: Professor Marise Cremona, European University Institute (Supervisor); Professor Patrizia Vigni, University of Siena; Professor Craig Barker, London South Bank University; Professor Rainer Bauböck, European University Institute.<br>This thesis explores the development of European Union’s model of protecting its citizens in the world, demonstrating it to be a unique and complex mixture of EU internal and external policies and instruments that is unlike any other international, regional, or domestic model of protecting individuals abroad. The thesis will critically assess the three main stages of development of the EU model until the present day. The first stage started in 1993, when the Maastricht Treaty introduced an EU citizenship right to equal protection abroad and this continued for the following decade. It will be shown that during this period the EU model of protecting the Union citizens abroad consisted of a purely horizontal form of cooperation among the Member States that materialised in a sui generis type of international agreement that has restricted the efficiency of the EU citizenship right, due to the Member States’ reluctance to lose their State prerogatives in favour of the EU. The second stage of development started in 2004 when a number of international disasters affecting EU citizens in third countries led the Member States to accept cooperation with EU institutions and external policy instruments for the purpose of complementing their capacity to secure the effective protection of unrepresented Union citizens abroad. The third stage started with the entry into force of the Lisbon Treaty, which conferred an unprecedented power to an international organisation (the EU) to exercise State-like consular protection functions directly with respect to the Union citizens in the world. The thesis will offer a critical assessment of two decades of application of the least-researched EU citizenship right (to consular and diplomatic protection), its nexus with other EU external relations policies and its implementation by the Member States. It will show the added value of the EU model of protecting citizens abroad for the EU citizens, the Member States and the Union, while also making policy recommendations addressing the shortcomings in its current implementation. The thesis will demonstrate that, in spite of the scholarly critiques of the incompatibility of the Union model with public international law, the international community has widely accepted.
Books on the topic "Nationals of Member States and third States"
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Resources, United States Congress Senate Committee on Labor and Human. Nomination: Hearing of the Committee on Labor and Human Resources, United States Senate, One Hundred Third Congress, first session, on William B. Gould IV, of California, to be a member of the National Labor Relations Board, October 1, 1993. U.S. G.P.O., 1994.
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United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Nominations of Norman E. D'Amours, Dwight P. Robinson, Martin A. Kamarck, and Sue E. Eckert: Hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Third Congress, first session, on nominations of Norman E. D'Amours to be a member of National Credit Union Administration, Dwight P. Robinson to be President, Government National Mortgage Association, Martin A. Kamarck to be first Vice President of the Export-Import Bank, Sue E. Eckert to be Assistant Secretary of Commerce for Export Administration, November 9, 1993. U.S. G.P.O., 1994.
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United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Nominations of James E. Hall, to be a member of the National Transportation Safety Board, Louise Frankel Stoll, to be assistant secretary for Budget and Programs, and Frank Eugene Kruesi, to be assistant secretary for Transportation Policy of the Department of Transportation: Hearing before the Committee on Commerce, Science, and Transportation, United States Senate, One Hundred Third Congress, first session, August 2, 1993. U.S. G.P.O., 1993.
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Quebec), Summit of the Americas (3rd 2001. Achievements of the summits of the Americas: National accomplishments : report from the member states of the summits of the Americas process on the implementation of the mandates from the third Summit and the special Summit of the Americas. Organization of American States, 2005.
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United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Nomination of Daniel W. Collins, of Ohio, to be a member of the Board of Directors of the National Railroad Passenger Corporation (Amtrak): Hearing before the Committee on Commerce, Science, and Transportation, United States Senate, One Hundred Third Congress, first session, October 19, 1993. U.S. G.P.O., 1993.
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United States. President (1993-2001 : Clinton). Noncombatant evacuation operations in Rwanda: Communication from the President of the United States transmitting notification of the noncombatant evacuation operations of United States citizens and designated third country nationals in Rwanda. U.S. G.P.O., 1994.
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United States. Congress. Senate. Committee on Energy and Natural Resources. Elizabeth Anne Moler nomination: Hearing before the Committee on Energy and Natural Resources, United States Senate, One Hundred Third Congress, second session, on the nomination of Elizabeth Anne Moler, nominee for reappointment as a member, Federal Energy Regulatory Commission, July 26, 1994. U.S. G.P.O., 1994.
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United, States Congress Senate Committee on Commerce Science and Transportation. Nomination of Christine A. Varney to be a member of the Federal Trade Commission: Hearing before the Committee on Commerce, Science, and Transportation, United States Senate, One Hundred Third Congress, second session, October 5, 1994. U.S. G.P.O., 1994.
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United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Nomination of Linda J. Morgan to be a member of the Interstate Commerce Commission: Hearing before the Committee on Commerce, Science, and Transportation, United States Senate, One Hundred Third Congress, second session, February 24, 1994. U.S. G.P.O., 1994.
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United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Nomination of Reed E. Hundt to be a member of the Federal Communications Commission: Hearing before the Committee on Commerce, Science, and Transportation, United States Senate, One Hundred Third Congress, first session, September 22, 1993. U.S. G.P.O., 1994.
Find full textBook chapters on the topic "Nationals of Member States and third States"
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Mifsud, Ivan. "Long Term Residency Rules in Malta: An Undefeatable Obstacle Course for Third-Country Nationals?" In The Implementation and Enforcement of European Union Law in Small Member States. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-66115-1_9.
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Goodman, Sara Wallace. "EU Citizenship: A Tool for Integration?" In IMISCOE Research Series. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-25726-1_11.
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AbstractEuropean Union citizenship conveys important rights and opportunities to the almost 450 million citizens of EU Member States. European citizens are first and foremost citizens of their respective member states, but EU citizenship is designed to complement national citizenship, enabling individuals to move and live across the EU, participate in the political life of the EU, and exercise meaningful rights (e.g., diplomatic and consular protection in third countries). For instance, EU citizenship enables participation in local elections of an individual’s their country of residence (independent of national citizenship), as well as vote for members of the European Parliament. Voting in these types of elections promises to increase the political legitimacy of the EU and, in principle, diminish the democratic deficit of this supranational institution. And through political participation that builds political legitimacy, EU citizens push this institution toward an “ever closer Union.”
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Rieker, Pernille, and Mathilde T. E. Giske. "Strategic Autonomy Through External Differentiation." In The European Union in International Affairs. Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-44546-0_5.
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AbstractThe EU engages extensively with states surrounding the Union. Since its inception, the EU has been successful in creating a network of agreements and institutional relationships with other states, whether they are potential new members of the Union or not. Non-members have been invited to participate in the EU’s internal market; to participate in various decentralised agencies; or to enter trade, partnership, or association agreements with the Union. These are all parts of what we have previously referred to as the “broader area” of European foreign and security policy. While Chapter 4 explored EU cooperation with third countries in relation to security and defence, this chapter takes a broader perspective on EU foreign and security policy, looking instead at EU-third country cooperation in a wider variety of policy fields. Building on the framework presented in Chapter 2, it explores DI beyond the Union, and how the EU and European states together, through a wider network of European cooperation and DI, are contributing to increased European strategic autonomy. As far as vertical differentiation, also known as “deepening,” is concerned with the formal member states and the transfer of power from the national to the European level of governance, this is of limited relevance to a discussion of deeper integration between the EU core and non-members. Horizontal DI, or “widening,” however, is concerned with the territorial and normative expansion of EU policies, and is therefore of greater relevance. The discussion below looks at both bilateral and multilateral agreements between the EU and various associated non-members, among them the EFTA states, the UK, Turkey and other candidate countries, as well as institutional frameworks and membership of non-EU members in various decentralised agencies.
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Schneider, Jan, and Holger Kolb. "“Selecting by Origin” Revisited: On the Particularistic Turn of German Labour Migration Policy." In IMISCOE Research Series. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-26002-5_9.
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AbstractFollowing a decade in which German labour migration policy has developed towards a universalistic regime that applied similar conditions towards most third country nationals applying for admission, we observe a slow but steady return of ethnic selectivity and particularistic features in this area. Although human capital remains a centrepiece of the bundle of regulations and institutional settings which govern the process of selecting labour migrants, the factor of the respective country of origin of applicants has regained importance over the last few years. This Chapter explores a number of deviations from a legal framework, which in principle is universalist and claims to put merits, certificates and employers’ demand first. We demonstrate, however, that starting conditions for obtaining a work visa turn out to be unequal, as they positively discriminate particular nationalities. This prominence of ethnic origin in migrant admission policies vis-à-vis third countries is a rather recent phenomenon in Germany, but something which could be observed in other EU countries – not least in Southern EU Member States – already for some years. These observations tend to counter the proverbial North-South divide, suggesting rather unexpected policy convergences within the EU.
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Wessel, Ramses A., and Gloria Fernandez Arribas. "EU Agreements with third Countries: Constitutional Reservations by Member States." In The European Union and Crisis Management. T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-561-2_16.
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Isaakyan, Irina, and Anna Triandafyllidou. "“Enchanted with Europe”: Family Migration and European Law on Labour-Market Integration." In IMISCOE Research Series. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-67284-3_5.
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AbstractThis chapter explores the European legal platform for alleviating the main barriers in the labor market integration of dependent family migrants in the EU. Namely, the chapter looks at the work of the European Court of Justice (ECJ) in relation to cases that involve recognition of professional qualifications and establishment of residence status. The study looks at how family reunification provisions, EU citizen status and in particular provisions for EU citizens and their family members when they move to another Member State, affect indirectly the status situation of third country nationals and their labour market integration by facilitating or hampering the recognition of their skills. This chapter is based on desk research, notably literature review (including published reports from the SIRIUS research) and analysis of legislative documents (EU Directives and ECJ case-law). We specifically look at the ECJ case-law on status and recognition and at related Directives involving family migrants. We study conditions under which the ECJ makes a decision in favour of the migrant-plaintiff. The discussion of our findings shows a complex interplay between family migration, gender bias and European law.
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Stein, Torsten, and Sabine Thomsen. "The Status of the Member States’ Nationals under the Law of the European Communities." In Die Rechtsstellung von Ausländern nach staatlichem Recht und Völkerrecht / The Legal Position of Aliens in National and International Law / Le régime juridique des étrangers en droit national et international. Springer Berlin Heidelberg, 1987. http://dx.doi.org/10.1007/978-3-642-71522-8_34.
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Lafleur, Jean-Michel, and Daniela Vintila. "Do EU Member States Care About their Diasporas’ Access to Social Protection? A Comparison of Consular and Diaspora Policies across EU27." In IMISCOE Research Series. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-51245-3_1.
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Abstract Despite the growing literature on sending states’ engagement with their populations abroad, little is known so far about their role in helping the diaspora deal with social risks. As argued in this chapter, this is mainly because past studies on sending states’ policies and institutions for the diaspora have failed to systematically focus on social protection, while also ignoring that regional integration dynamics often constrain domestic responses to the welfare needs of nationals residing abroad. This volume aims to fill this research gap by comparatively examining the type of diaspora infrastructure through which EU Member States address the vulnerabilities faced by populations abroad in five core areas of social protection: health care, pensions, family, unemployment, and economic hardship. Drawing on data from two original surveys with national experts, we operationalize the concepts of descriptive infrastructure for non-residents (i.e. the presence of diaspora-related institutions) and substantive infrastructure (i.e. policies that provide and facilitate access to welfare for nationals abroad) in order to propose a new typology of states’ engagement with their diaspora in the area of social protection.
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Sadowski, Wojciech. "The Rule of Law and the Roll of the Dice. The Uncertain Future of Investor-State Arbitration in the EU." In Defending Checks and Balances in EU Member States. Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_13.
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AbstractInvestment treaty law and EU law began to develop in the same era and share some important philosophical and axiological foundations. The pressure on the CEE countries to enter into numerous bilateral investment treaties in late 80s and early 90s, in the context of the EU accession aspirations of the former communist countries, was likely to result, eventually, in a conflict between EU law and investment treaty law. The conflict could have been managed in three different ways, yet the CJEU decided in Achmea to declare an undefined volume of intra-EU arbitrations to be incompatible with EU law. This important judgment, which delivered an outcome desired by the European Commission and a number of Member States, is based on questionable legal reasoning that creates high uncertainty in this area of law. The doubts include the scope of application of Achmea, which is now a highly debatable issue. The CJEU itself saw it necessary to limit the scope of Achmea by declaring in Opinion 1/17 (CETA) that the legal reasoning of Achmea did not apply to investment protection treaties with third countries. The Member States of the EU remain politically divided in their views as to whether Achmea applies to the Energy Charter Treaty. And while the problems with the rule of law and independence of the judiciary in certain Member States continue to grow, Achmea has left an important gap for which there is no substitute in the current architecture of the EU legal system.
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Martin, Denis. "Article 23 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.96.
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Article 20 EC Every citizen of the Union shall, in the territory of a third country in which the Member State of which he is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that State. Member States shall adopt the necessary provisions and start the international negotiations required to secure this protection.
Conference papers on the topic "Nationals of Member States and third States"
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Kotulovski, Karla, and Sandra Laleta. "THE ABUSE AND EXPLOITATION OF FOREIGN SEASONAL WORKERS: DID THE CORONAVIRUS EMERGENCY WORSEN ALREADY PRECARIOUS WORKING CONDITIONS IN THE AGRICULTURAL SECTOR?" In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18310.
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Seasonal workers are increasingly important in some Member States as a means to fill the labour market needs. Preferred due to their lower salaries, greater docility and the evasion of administrative and social security obligations, migrant workers are often treated less favourably than domestic workers in terms of employment rights, benefits and access to adequate housing. The agricultural sector of employment is particularly at risk of labour exploitation during harvest seasons and thus associated with atypical or informal forms of employment and precarious working conditions. The COVID-19 pandemic gave visibility to the new risks the seasonal workers are exposed to. In addition, it showed that in some cases such problems can lead to the further spreading of infectious diseases and increase the risk of COVID-19 clusters. The consequences of of the pandemic can be observed in Croatia too. This paper primarily covers the position of third-country nationals who enter and reside in Croatia for the purpose of agricultural seasonal work within the framework of the Seasonal Workers Directive (Directive 2014/36/EU). Significant challenges facing the Croatian labour market have been addressed by means of a comparative approach in order to present the current situation on the EU labour market and suggest potential legal solutions applicable in regard to the national circumstances.
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Šinková, Barbara. "Některá specifika prozatímního provádění smíšených dohod." In Naděje právní vědy 2022. University of West Bohemia, Czech Republic, 2023. http://dx.doi.org/10.24132/zcu.nadeje.2022.676-688.
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For several decades, the European Union has used the mechanism of provisional application of international treaties as enshrined in Article 25 of the Vienna Convention on the Law of Treaties and Public International Law. It is used for the purpose of early application of mixed agreements. Mixed agreements are agreements concluded jointly by the Member States of the European Union and the European Union, on the one hand, and third States or international organisations, on the other. Given that the Member States are parties to mixed agreements, they must ratify these agreements in accordance with their national law in order for them to enter into force. In some cases, therefore, the entry into force of a mixed agreement may take up to several years. Provisional application serves a crucial purpose by acting as a mechanism that speeds up the application of the mixed agreements (or parts thereof) as opposed to when the agreement in question could only be applied after its entry into force (after ratification by Member States). The paper first briefly analyses how the provisional application of mixed agreements works. It then focuses on some of the specificities of the provisional application of these agreements, which distinguish it from the provisional application of other international treaties to which the European Union is not a party. In particular, it deals with the issue of the initiation of provisional application of mixed agreements and the determination of its scope.
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Grigalashvili, Vephkhvia, and Khatuna Abiashvili. "CONCEPTUAL REVIEW OF THE EUROPEAN UNION CRITICAL INFRASTRUCTURE ARCHITECTURE: POLICY, LAW AND ADMINISTRATION." In Proceedings of the XXIX International Scientific and Practical Conference. RS Global Sp. z O.O., 2021. http://dx.doi.org/10.31435/rsglobal_conf/25052021/7562.
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Critical infrastructure protection represents an essential part of the European Union security concept whose dynamic development has been actively taking place since 2004. Based on a systematic review approach (methodology), this paper aims to provide an assessment of the evolution and contribution since mentioned period of the European Union infrastructure protection policies. The first part discusses the EU's critical infrastructure policy for 2004-2008 that laid the groundwork for the adoption of the Council Directive 2008/114/EC of 8 December 2008. The second section explains the main political and legal features of the Council Directive 2008/114/EC of 8 December 2008 as well as requirements to be implemented by EU member states in order to comply their national systems with the standards of the Directive 2008/114/EC. The third section presents the results of a study on EU policy developed in 2008-2020 parallel with Directive 2008/114/EC. Final sector introduces recent Past and present cooperation activities within the European Union for further development of the critical infrastructure protection system at the EU and Member States national levels.
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Vodenicharov, Asen. "CIVIL LAW STATUS OF THE SUPERVISORY ORGAN IN EUROPEAN BUSINESS COMPANIES." In 6th International Scientific Conference ERAZ - Knowledge Based Sustainable Development. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eraz.2020.303.
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The Supervisory organ is a compulsory element in the governance structure of the European Structures for Business Association, namely the European Company (Societas Europaea) and the European Cooperative Society (Societas Cooperativa Europaea) that have chosen a two-tier system for their organizations. The organ under consideration presents a hybrid regulatory framework. On the one hand, these are the provisions in the regulations of the European Union, and, on the other, the national law regulations. The organ in question has specific characteristics. Its members are elected by the General meeting. The staff of the first supervisory board may be appointed in the statues. This should apply without prejudice to any employee participation arrangements determined pursuant to Directive 2003/72 / EC. The members of the Supervisory organ are elected for the term specified in the Statute of the association. Their maximum term of office after the expiry mandate date may not exceed six months. The package of powers includes constitutional, authoritative and controlling rights and obligations. The supervisory organ shall elect and dismiss members or an individual member of the management organ. In cases explicitly provided for in the statute of the association, a certain category of legal transactions cannot be concluded by the management organ without the permission of the supervisory organ. Its controlling functions are particularly important. The supervisory organ shall supervise the duties performed by the management organ. It may not itself exercise the power to manage the associations. The supervisory organ may not represent the associations in dealings with third parties. It shall represent the associations in dealings with the management body, or its members, in respect of litigation or the conclusion of contracts. The management organ shall report to the supervisory body at least once every three months on the progress and foreseeable developments of the association’s business, taking into account any information relating to undertakings controlled by the association that may significantly affect the progress of the association business. The members of the Supervisory organ are holders of Civil liability. Its legal basis is the relevant rules in the national law relating to joint stock companies or cooperative organizations in the Member States in which they have registered their office. This liability is based on the possible damage caused by illegal or incorrect acts or actions.
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Tucak, Ivana, and Anita Blagojević. "COVID- 19 PANDEMIC AND THE PROTECTION OF THE RIGHT TO ABORTION." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18355.
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The COVID - 19 pandemic that swept the world in 2020 and the reactions of state authorities to it are unparalleled events in modern history. In order to protect public health, states have limited a number of fundamental human rights that individuals have in accordance with national constitutions and international conventions. The focus of this paper is the right of access to abortion in the Member States of the European Union. In Europe, the situation with regard to the recognition of women's right to abortion is quite clear. All member states of the European Union, with the exception of Poland and Malta, recognize the rather liberal right of a woman to have an abortion in a certain period of time after conception. However, Malta and Poland, as members of the European Union, since abortion is seen as a service, must not hinder the travel of women abroad to have an abortion, nor restrict information on the provision of abortion services in other countries. In 2020, a pandemic highlighted all the weaknesses of this regime by preventing women from traveling to more liberal countries to perform abortions, thus calling into question their right to choose and protect their sexual and reproductive rights. This is not only the case in Poland and Malta, but also in countries that recognize the right to abortion but make it conditional on certain non-medical conditions, such as compulsory counselling; and the mandatory time period between applying for and performing an abortion; in situations present in certain countries where the problem of a woman exercising the right to abortion is a large number of doctors who do not provide this service based on their right to conscience. The paper is divided into three parts. The aim of the first part of the paper is to consider all the legal difficulties that women face in accessing abortion during the COVID -19 pandemic, restrictions that affect the protection of their dignity, right to life, privacy and right to equality. In the second part of the paper particular attention will be paid to the illiberal tendencies present in this period in some countries of Central and Eastern Europe, especially Poland. In the third part of the paper, emphasis will be put on the situation in Malta where there is a complete ban on abortion even in the case when the life of a pregnant woman is in danger.
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ORGA-DUMITRIU, Gina. "CAPITAL MOVEMENTS VS. FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES IN THE CASE-LAW OF THE CJEU." In 10th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2023. SGEM WORLD SCIENCE, 2023. http://dx.doi.org/10.35603/sws.iscss.2023/s02.02.
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The Treaty of Rome promoted a more cautious approach as concerns the free movement of capital in comparison with other fundamental economic freedoms. The recognized importance of the sovereign prerogatives of the states in the field of monetary policies explains why its original regulatory wording bears the signs of a reserved attitude and of an increased concern for the balance of powers distributed between the Commission, the Council and the Member States. The full liberalization of capital movements is the result of a legislative interventions in stages that culminated in the Directive of 24 June 1988 and the Maastricht Treaty, which laid down the free movement of capital not only in the relations between Member States but also in the relations with third countries. Thus, through a paradoxical dynamic, the capital movements enjoy a wider territorial scope compared to the other freedoms (of goods, persons and services) which are applicable only in intra-European cross-border situations (I). The study aims at analysing the recent interpretations of the Court of Luxembourg regarding particular illustrations of the notion of capital movements (II) and highlights the elements of added value regarding the delimitation of the free movement of capital from the freedom of establishment (III), and from the freedom to provide services (IV), respectively. In accordance with the reasoning of the Court, the provisions of Article 49 TFEU on freedom of establishment will be the ones that will apply, to the extent the shares held within a company allow the exercise of a definite influence on the decisions of a company. In exchange, the participations made only with the intention of making a financial investment, without the intention of influencing the management and control of the companies, must be analysed by reference to Article 63 TFEU on the free movement of capital. The distinction between the capital movements and the freedom to provide services provided in Article 56 TFEU arises in the presence of a regulation on the provision of financial services and proves to be much more delicate in practice. The national measure will only be examined from the perspective of one of these two freedoms if, in the circumstances of the case, one of them is entirely secondary to the other and can be linked to it.
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Vlajković, Marija, and Jelisaveta Tasev. "THE CAPACITY OF THIRD COUNTRIES TO NEGOTIATE BILATERAL AGREEMENTS WITH THE UK UNDER WITHDRAWAL ARRANGEMENTS." In EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2019. http://dx.doi.org/10.25234/eclic/8992.
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Noneva-Zlatkova, Yordanka. "PROTECTION OF CREDITORS’ RIGHTS IN THE CONTEXT OF AN EVOLVING INVESTMENT ENVIRONMENT UNDER EU LAW." In 4th International Scientific Conference – EMAN 2020 – Economics and Management: How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eman.2020.179.
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In the post-global economic and financial crisis, Europe is suffering from significantly low levels of investment. This applies both to national level in the individual Member States and to those with a supranational scope. For this reason, the EC tried to stimulate the development of any investment initiative through the Juncker Plan, which is based on three pillars: the European Fund for Strategic Investments, the European Investment Advisory Center and the European Investment Projects Portal, and third, improving the business environment by removing regulatory barriers to investment at national and European level. Policies in this direction will continue and build on over the period 2021-2027 through the InvestEU program, which aims to continue to support increased investment, innovation and job creation in Europe. The process of implementation of each such initiative directly affects the individual legal and natural persons as investors who enter different bond relations, which have both national and international dimension. The development of new investment products and instruments would be unthinkable without the Bank’s involvement as a major creditor in the implementation of investment projects. This fact shows that it is necessary to examine the legal guarantees for the protection of creditors in these relationships in case of possible threat the debtor to damage the creditor in case of unfavourable development of the respective investment initiative. This paper will justify the significance and the peculiarities of Paul’s claim as a means of protecting creditors in the context of a developing EU investment environment and its legal framework. This method of preventing the decline of the asset and / or the increase of the liability of the debtor’s property is characterized by extreme persistence over time as a legal institution that originated in the Roman era and has survived to the present without losing its significance.
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Vukovljak, Milica, and Marko Janković. "NOVI UČESNICI NA TRŽIŠTU ELEKTRIČNE ENERGIJE." In 35. Savetovanje Srpskog nacionalnog komiteta Međunarodnog saveta za velike električne mreže. Srpski nacionalni komitet Međunarodnog saveta za velike električne mreže CIGRE Srbija, 2023. http://dx.doi.org/10.46793/cigre35.1035v.
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The European Union's clean energy package entered into force in June 2019, following the publication of its final texts in the Official Journal of the European Union. After trilateral negotiations between the European Commission, the Council and the Parliament of the European Union. It contains eight pieces of legislation - four directives and four regulations - on the electricity market and consumers, energy efficiency and energy efficiency of buildings, renewable sources and the sustainability of bioenergy, as well as energy union management. This paper will discuss three of the eight pieces of legislation. The first is the Regulation on the governance of the Energy Union and climate action (Regulation (EU) 2018/1999). The second is the Renewable Energy Promotion Directive (Directive (EU) 2018/2001), commonly referred to as RED 2. The third is the Directive on common rules for the internal market in electricity (Directive (EU) 2019/944). The paper will cover the impact of this legislation on European rules on the internal electricity market compared to the framework established by the Third Energy Package valid in the Energy Community Contracting Parties, as well as possible reasons for the introduction and consequences of the Package. The importance of independent aggregators is recognized by the adopted Clean Energy Package and obliges all Member States to develop a regulatory framework that will allow these new entrants to enter the market, but leaves many details on implementation at the national level. This paper provides an overview of European practice in regulating the contractual relationship between suppliers and aggregators. Independently, aggregators can cause an imbalance in the supplier's portfolio with their activities, and suppliers, on the other hand, have the right to compensation for lost revenues. The most common practice in the European Union is that the imbalance caused by aggregators in the supplier's portfolio is resolved by corrections. The second issue of compensation to suppliers is more complex and currently the solutions in application differ. There are three types of regulated, corrected and contracted model that need to be developed
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Naydenov, Kliment. "BULGARIAN CASE STUDIES IN IMPROVING URBAN AIR QUALITY." In 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/4.1/s19.37.
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Air pollution is one of the most important causes of morbidity and mortality. The fact that more cities are now improving their air quality control system is good news, so when they take action to improve air quality, they set a goal accordingly. As air quality declines, the risk of stroke, heart disease, lung cancer and chronic and acute respiratory diseases, including asthma, increases in people who live in these cities. Ambient air pollution, which contains high concentrations of fine and fine particles, poses the highest environmental health risk, causing three million premature deaths worldwide each year. At the same time, people's awareness is rising, and air quality monitoring is being carried out in more cities. As air quality improves, global prevalence of respiratory and cardiovascular diseases is declining.� Most sources of urban outdoor air pollution are wholly beyond the control of individuals, suggesting the need for action at the city level and by national and international policy makers to promote cleaner modes of transport, more efficient energy production and appropriate waste management. More than half of controlled cities located in high-income countries, and more than one-third of cities located in low- and middle-income countries reduced their air pollution levels by more than 5% within five years. The set of affordable and accessible policies includes measures such as reducing emissions from industrial chimneys, increasing the use of renewable energy sources such as solar and wind, and prioritizing the development of rapid transit systems, increasing walking and developing bike path networks. Air quality in Bulgaria raises serious concerns: measurements show that citizens across the country breathe air that is assessed as harmful to health. For example, the concentration of PM2.5 and PM10 is much higher than the values prescribed by the European Union and the World Health Organization (WHO) for health protection. The concentrations of PM2.5 in the urban areas of Bulgaria were the highest of all 28 EU member states as average values for a three-year period. For PM10, Bulgaria also leads among the countries with the highest pollution with an average daily concentration of 77 �g / m3 (the EU limit value is 50 �g / m3). According to the World Health Organization, 60% of the urban population of Bulgaria is exposed to dangerous (unhealthy) levels of dust particles (PM10). Air pollution in the Republic of Bulgaria is a significant and difficult to solve environmental problem related to physiographic, social, economic and anthropological factors. Bringing the air quality in the country in line with the norms and goals set in Directive 2008/50 / EC, although difficult, is achievable. For the last 10 years our country has made significant progress in terms of controlled pollutants.
Reports on the topic "Nationals of Member States and third States"
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Fedchenko, Vitaly. Nuclear Security During Armed Conflict: Lessons From Ukraine. Stockholm International Peace Research Institute, 2023. http://dx.doi.org/10.55163/zzsp5617.
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The attacks on nuclear installations in Ukraine by the Russian military in 2022 were unprecedented. Nuclear security aims at prevention, detection and response to malicious or unauthorized acts by non-state actors, not the armed forces of a state. However, an international armed conflict creates new circumstances in which a national nuclear security regime must operate. In March 2022 the director general of the International Atomic Energy Agency (IAEA) highlighted ‘seven indispensable pillars of nuclear safety and security’ in extraordinary circumstances. There are three further areas in which the international nuclear security framework can be strengthened and prepared for extraordinary events, including armed conflict. First, there is a need to further clarify and plan the actions of competent authorities. Second, the IAEA may be able to assist member states in developing guidance for specific scenarios during extraordinary events. Third, there should be further integration of nuclear security with nuclear safety and emergency preparedness and response.
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Gorman, Clare, Lucy Halton, and Kushum Sharma. Advocating for Change in Nepal’s Adult Entertainment Sector. Institute of Development Studies (IDS), 2021. http://dx.doi.org/10.19088/clarissa.2021.010.
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The United Nations Human Rights Council has a powerful role to play in addressing the worst forms of child labour. Accountability mechanisms such as the Universal Periodic Review (UPR) – which work to support Member States to improve their human rights situation – are therefore widely seen as important opportunities to advocate for change. Ahead of Nepal’s third UPR cycle in 2021, the CLARISSA programme met with eight UN Permanent Missions to present recommendations addressing the exploitation of children within Nepal’s adult entertainment sector. This spotlight story shares the programme’s experience in advocacting within this process. It also highlights their approach of providing decision makers with recommendations to the Government of Nepal that were underpinned by the importance of integrating a participatory, adaptive and child-centred approach.
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Benzie, Magnus, Sophie Desmidt, Adrien Detges, et al. The role of Europe in building system-wide resilience to cross-border climate impacts. Edited by Hanne Knaepen. European Centre for Development Policy Management, 2023. http://dx.doi.org/10.55317/casc028.
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This report discusses how the European Union (EU) and the EU member states, individually, collectively, and through their cooperation with international organisations, address cascading and cross-border climate impacts in agri-food systems in third countries with close ties to Europe. It also sheds light on Europe’s main strategic challenges to building system-wide resilience in the face of cross-border climate impacts and provides policy recommendations on overcoming them.
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Braithwait, Samuel, Ricardo Rozemberg, and Jesica De Angelis. CARICOM Report: Progress and Challenges of The Integration Agenda. Inter-American Development Bank, 2020. http://dx.doi.org/10.18235/0002912.
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The Caribbean Community (CARICOM) was established in 1973 as a customs union and nowadays consists of 15 member countries. CARICOM includes member and non-members of the Organisation of Eastern Caribbean States (OECS), an economic union with free movement of people and goods, a single currency, and a common central bank. This report is the third in a series of INTAL publications on regional integration on the CaribbeanREPORT Community and covers the period 2005 to 2020. After a brief background to the CARICOM integration project and a look at the economy and international trade, this report focuses on the main issues and developments relating to the deepening of integration within CARICOM and crucial relationships with external partners. The final section concludes with an assessment of the short-term adverse impacts of the pandemic and summarizes a set of recommendations to tackle the main issues.
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Maletta, Giovanna, and Lauriane Héau. Funding Arms Transfers through the European Peace Facility: Preventing Risks of Diversion and Misuse. Stockholm International Peace Research Institute, 2022. http://dx.doi.org/10.55163/oelz9733.
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Since it was established in March 2021, the European Peace Facility (EPF) has become the main source of funding for European Union (EU) external actions in the field of crisis management and conflict prevention with defence and military implications. These include initiatives such as EU military missions, support to military peace operations led by other actors and assistance to strengthen third states’ military capacities. In addition, through the EPF, EU security assistance can also fund, for the first time, the supply of lethal military equipment and, thus, weapons. Arms transfers to countries that are affected by crises and conflict bear higher risks that the weapons provided may be misused or diverted to unauthorized end-users. Considering the contexts in which the EPF is already or will likely be funding the provision of weapons, these risks are particularly tangible. The EU and its member states have instruments and expertise at their disposal that they should use to minimize the potential negative consequences generated by using the EPF for addressing partners’ security needs. These include preventing overlaps in establishing relevant controls, including post-shipment controls, and coordinating EPF actions with assistance in the field of arms transfer and small arms and light weapons controls.
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Bano, Masooda, and Daniel Dyonisius. Community-Responsive Education Policies and the Question of Optimality: Decentralisation and District-Level Variation in Policy Adoption and Implementation in Indonesia. Research on Improving Systems of Education (RISE), 2022. http://dx.doi.org/10.35489/bsg-rise-wp_2022/108.
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Decentralisation, or devolving authority to the third tier of government to prioritise specific policy reforms and manage their implementation, is argued to lead to pro-poor development for a number of reasons: local bureaucrats can better gauge the local needs, be responsive to community demands, and, due to physical proximity, can be more easily held accountable by community members. In the education sector, devolving authority to district government has thus been seen as critical to introducing reforms aimed at increasing access and improving learning outcomes. Based on fieldwork with district-level education bureaucracies, schools, and communities in two districts in the state of West Java in Indonesia, this article shows that decentralisation has indeed led to community-responsive policy-development in Indonesia. The district-level education bureaucracies in both districts did appear to prioritise community preferences when choosing to prioritise specific educational reforms from among many introduced by the national government. However, the optimality of these preferences could be questioned. The prioritised policies are reflective of cultural and religious values or immediate employment considerations of the communities in the two districts, rather than being explicitly focused on improving learning outcomes: the urban district prioritised degree completion, while the rural district prioritised moral education. These preferences might appear sub-optimal if the preference is for education bureaucracies to focus directly on improving literacy and numeracy outcomes. Yet, taking into account the socio-economic context of each district, it becomes easy to see the logic dictating these preferences: the communities and the district government officials are consciously prioritising those education policies for which they foresee direct payoffs. Since improving learning outcomes requires long-term commitment, it appears rational to focus on policies promising more immediate gains, especially when they aim, indirectly and implicitly, to improve actual learning outcomes. Thus, more effective community mobilisation campaigns can be developed if the donor agencies funding them recognise that it is not necessarily the lack of information but the nature of the local incentive structures that shapes communities’ expectations of education. Overall, decentralisation is leading to more context-specific educational policy prioritisation in Indonesia, resulting in the possibility of significant district-level variation in outcomes. Further, looking at the school-level variation in each district, the paper shows that public schools ranked as high performing had students from more privileged socio-economic backgrounds and were catering for communities that had more financial resources to support activities in the school, compared with schools ranked as low performing. Thus, there is a gap to bridge within public schools and not just between public and private schools.
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Wu, Yingjie, Selim Gunay, and Khalid Mosalam. Hybrid Simulations for the Seismic Evaluation of Resilient Highway Bridge Systems. Pacific Earthquake Engineering Research Center, University of California, Berkeley, CA, 2020. http://dx.doi.org/10.55461/ytgv8834.
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Bridges often serve as key links in local and national transportation networks. Bridge closures can result in severe costs, not only in the form of repair or replacement, but also in the form of economic losses related to medium- and long-term interruption of businesses and disruption to surrounding communities. In addition, continuous functionality of bridges is very important after any seismic event for emergency response and recovery purposes. Considering the importance of these structures, the associated structural design philosophy is shifting from collapse prevention to maintaining functionality in the aftermath of moderate to strong earthquakes, referred to as “resiliency” in earthquake engineering research. Moreover, the associated construction philosophy is being modernized with the utilization of accelerated bridge construction (ABC) techniques, which strive to reduce the impact of construction on traffic, society, economy and on-site safety. This report presents two bridge systems that target the aforementioned issues. A study that combined numerical and experimental research was undertaken to characterize the seismic performance of these bridge systems. The first part of the study focuses on the structural system-level response of highway bridges that incorporate a class of innovative connecting devices called the “V-connector,”, which can be used to connect two components in a structural system, e.g., the column and the bridge deck, or the column and its foundation. This device, designed by ACII, Inc., results in an isolation surface at the connection plane via a connector rod placed in a V-shaped tube that is embedded into the concrete. Energy dissipation is provided by friction between a special washer located around the V-shaped tube and a top plate. Because of the period elongation due to the isolation layer and the limited amount of force transferred by the relatively flexible connector rod, bridge columns are protected from experiencing damage, thus leading to improved seismic behavior. The V-connector system also facilitates the ABC by allowing on-site assembly of prefabricated structural parts including those of the V-connector. A single-column, two-span highway bridge located in Northern California was used for the proof-of-concept of the proposed V-connector protective system. The V-connector was designed to result in an elastic bridge response based on nonlinear dynamic analyses of the bridge model with the V-connector. Accordingly, a one-third scale V-connector was fabricated based on a set of selected design parameters. A quasi-static cyclic test was first conducted to characterize the force-displacement relationship of the V-connector, followed by a hybrid simulation (HS) test in the longitudinal direction of the bridge to verify the intended linear elastic response of the bridge system. In the HS test, all bridge components were analytically modeled except for the V-connector, which was simulated as the experimental substructure in a specially designed and constructed test setup. Linear elastic bridge response was confirmed according to the HS results. The response of the bridge with the V-connector was compared against that of the as-built bridge without the V-connector, which experienced significant column damage. These results justified the effectiveness of this innovative device. The second part of the study presents the HS test conducted on a one-third scale two-column bridge bent with self-centering columns (broadly defined as “resilient columns” in this study) to reduce (or ultimately eliminate) any residual drifts. The comparison of the HS test with a previously conducted shaking table test on an identical bridge bent is one of the highlights of this study. The concept of resiliency was incorporated in the design of the bridge bent columns characterized by a well-balanced combination of self-centering, rocking, and energy-dissipating mechanisms. This combination is expected to lead to minimum damage and low levels of residual drifts. The ABC is achieved by utilizing precast columns and end members (cap beam and foundation) through an innovative socket connection. In order to conduct the HS test, a new hybrid simulation system (HSS) was developed, utilizing commonly available software and hardware components in most structural laboratories including: a computational platform using Matlab/Simulink [MathWorks 2015], an interface hardware/software platform dSPACE [2017], and MTS controllers and data acquisition (DAQ) system for the utilized actuators and sensors. Proper operation of the HSS was verified using a trial run without the test specimen before the actual HS test. In the conducted HS test, the two-column bridge bent was simulated as the experimental substructure while modeling the horizontal and vertical inertia masses and corresponding mass proportional damping in the computer. The same ground motions from the shaking table test, consisting of one horizontal component and the vertical component, were applied as input excitations to the equations of motion in the HS. Good matching was obtained between the shaking table and the HS test results, demonstrating the appropriateness of the defined governing equations of motion and the employed damping model, in addition to the reliability of the developed HSS with minimum simulation errors. The small residual drifts and the minimum level of structural damage at large peak drift levels demonstrated the superior seismic response of the innovative design of the bridge bent with self-centering columns. The reliability of the developed HS approach motivated performing a follow-up HS study focusing on the transverse direction of the bridge, where the entire two-span bridge deck and its abutments represented the computational substructure, while the two-column bridge bent was the physical substructure. This investigation was effective in shedding light on the system-level performance of the entire bridge system that incorporated innovative bridge bent design beyond what can be achieved via shaking table tests, which are usually limited by large-scale bridge system testing capacities.
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Börjesson, Patrik, Maria Eggertsen, Lachlan Fetterplace, et al. Long-term effects of no-take zones in Swedish waters. Edited by Ulf Bergström, Charlotte Berkström, and Mattias Sköld. Department of Aquatic Resources, Swedish University of Agricultural Sciences, 2023. http://dx.doi.org/10.54612/a.10da2mgf51.
Full textAbstract:
Marine protected areas (MPAs) are increasingly established worldwide to protect and restore degraded ecosystems. However, the level of protection varies among MPAs and has been found to affect the outcome of the closure. In no-take zones (NTZs), no fishing or extraction of marine organisms is allowed. The EU Commission recently committed to protect 30% of European waters by 2030 through the updated Biodiversity Strategy. Importantly, one third of these 30% should be of strict protection. Exactly what is meant by strict protection is not entirely clear, but fishing would likely have to be fully or largely prohibited in these areas. This new target for strictly protected areas highlights the need to evaluate the ecological effects of NTZs, particularly in regions like northern Europe where such evaluations are scarce. The Swedish NTZs made up approximately two thirds of the total areal extent of NTZs in Europe a decade ago. Given that these areas have been closed for at least 10 years and can provide insights into long-term effects of NTZs on fish and ecosystems, they are of broad interest in light of the new 10% strict protection by 2030 commitment by EU member states. In total, eight NTZs in Swedish coastal and offshore waters were evaluated in the current report, with respect to primarily the responses of focal species for the conservation measure, but in some of the areas also ecosystem responses. Five of the NTZs were established in 2009-2011, as part of a government commission, while the other three had been established earlier. The results of the evaluations are presented in a synthesis and also in separate, more detailed chapters for each of the eight NTZs. Overall, the results suggest that NTZs can increase abundances and biomasses of fish and decapod crustaceans, given that the closed areas are strategically placed and of an appropriate size in relation to the life cycle of the focal species. A meta-regression of the effects on focal species of the NTZs showed that CPUE was on average 2.6 times higher after three years of protection, and 3.8 times higher than in the fished reference areas after six years of protection. The proportion of old and large individuals increased in most NTZs, and thereby also the reproductive potential of populations. The increase in abundance of large predatory fish also likely contributed to restoring ecosystem functions, such as top-down control. These effects appeared after a 5-year period and in many cases remained and continued to increase in the longer term (>10 years). In the two areas where cod was the focal species of the NTZs, positive responses were weak, likely as an effect of long-term past, and in the Kattegat still present, recruitment overfishing. In the Baltic Sea, predation by grey seal and cormorant was in some cases so high that it likely counteracted the positive effects of removing fisheries and led to stock declines in the NTZs. In most cases, the introduction of the NTZs has likely decreased the total fishing effort rather than displacing it to adjacent areas. In the Kattegat NTZ, however, the purpose was explicitly to displace an unselective coastal mixed bottom-trawl fishery targeting Norway lobster and flatfish to areas where the bycatches of mature cod were smaller. In two areas that were reopened to fishing after 5 years, the positive effects of the NTZs on fish stocks eroded quickly to pre-closure levels despite that the areas remained closed during the spawning period, highlighting that permanent closures may be necessary to maintain positive effects. We conclude from the Swedish case studies that NTZs may well function as a complement to other fisheries management measures, such as catch, effort and gear regulations. The experiences from the current evaluation show that NTZs can be an important tool for fisheries management especially for local coastal fish populations and areas with mixed fisheries, as well as in cases where there is a need to counteract adverse ecosystem effects of fishing. NTZs are also needed as reference for marine environmental management, and for understanding the effects of fishing on fish populations and other ecosystem components in relation to other pressures. MPAs where the protection of both fish and their habitats is combined may be an important instrument for ecosystembased management, where the recovery of large predatory fish may lead to a restoration of important ecosystem functions and contribute to improving decayed habitats. With the new Biodiversity Strategy, EUs level of ambition for marine conservation increases significantly, with the goal of 30% of coastal and marine waters protected by 2030, and, importantly, one third of these areas being strictly protected. From a conservation perspective, rare, sensitive and/or charismatic species or habitats are often in focus when designating MPAs, and displacement of fisheries is then considered an unwanted side effect. However, if the establishment of strictly protected areas also aims to rebuild fish stocks, these MPAs should be placed in heavily fished areas and designed to protect depleted populations by accounting for their home ranges to generate positive outcomes. Thus, extensive displacement of fisheries is required to reach benefits for depleted populations, and need to be accounted for e.g. by specific regulations outside the strictly protected areas. These new extensive EU goals for MPA establishment pose a challenge for management, but at the same time offer an opportunity to bridge the current gap between conservation and fisheries management.
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3rd Inter-American Biennial of Video Art. Inter-American Development Bank, 2006. http://dx.doi.org/10.18235/0006410.
Full textAbstract:
The call for the Third Biennial included larger cash awards, an electronic registration system in four languages and, for the first time, the inclusion of Puerto Rico as a good will gesture to the United States, and artists from the Commonwealth who are indeed members of the Latin American and Caribbean family. Artist nationals from 20 countries, including Puerto Rico, submitted a total of 211 videos. The international jury with Irma Arestizábal, Cultural Secretary of the Istituto Italo-Latinoamericano in Rome and Curator of the Latin American Pavilion for the Venice Biennial, and José Roca, Chief of Temporary Exhibitions at the Museum of Colombia¿s Central Bank, Luis Angel Arango Library, selected 19 videos from 9 countries for the 2006-07 edition of the Biennial.
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Joint Report on MDB Climate Finance 2013. Inter-American Development Bank, 2014. http://dx.doi.org/10.18235/0006468.
Full textAbstract:
This is the third edition of the joint MDB Report on Climate Finance and the information provided has been expanded to include a better sectoral breakdown, and split by public and private operations. Multilateral Development Banks (MDBs) provided USD 23.8 billion in financing in 2013 to address the challenges of climate change and, since 2011, have provided over USD 75 billion in climate finance to developing and emerging economies. Of the total USD 23.8 billion in climate finance, 80%, or USD 18.9 billion, was dedicated to mitigation and 20%, or USD 4.8 billion, to adaptation. Of the total commitments, 9%, or USD 2.2 billion, came from external resources, such as bilateral or multilateral donors, including the Global Environment Facility and the Climate Investment Funds. This report covers finance for mitigation, adaptation and projects with dual adaptation and mitigation benefits. As in previous years, the calculation of mitigation finance is based on a common list of activities at the intersection of what all MDBs consider mitigation. Adaptation finance is calculated using the joint MDB methodology based on a context- and location-specific approach. Data reported in both cases corresponds to the financing of those components and/or sub-components or elements/proportions of projects that providemitigation and/or adaptation benefits (rather than the entire project cost). Some MDBs have different internal accounting approaches for mitigation. In such cases, the volume of each MDB's climate finance mitigation calculated using their internal methodologies is separately reported. The regional coverage for 2013 is quite balanced with two regions (East Asia and Pacific, Non-EU Europe and Central Asia) each receiving roughly 20% of total climate finance provided and four regions (South Asia, Sub-Saharan Africa, Latin America and Caribbean, EU New Member States) 10-15% each. In regards to sector coverage, 22% of adaptation finance went to "Coastal and riverine infrastructure (including built flood protection infrastructure)" and 30% to the category comprising "Energy, transport, and other built environment and infrastructure". In mitigation finance, renewable energy still takes by far the largest share, with 25% of the total.