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1
Кешнер, Мария, and Mariya Keshner. "The Sanctions against the Russian Federation: International Legal Analysis of Legitimacy." Journal of Russian Law 3, no. 7 (June 25, 2015): 0. http://dx.doi.org/10.12737/11764.
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In 2014, a number of states and integration entities imposed sanctions and restrictive measures against the Russian Federation. The author analysis acts the measures adopted by the United States, the European Union, some other countries against the Russian Federation, from the point of view of the international law. The author investigates reasonableness of the arguments justifying the sanctions against the Russian Federation; and examines the issues of coercion in the international law, which has its specific features that are primarily predetermined by the nature of interstate relations and methods of their legal regulation. The author provides an update on the problem of “collective counter-measures” or counter-measures in collective interests and classification of activities of the third countries who “have joined” in with the imposed restrictive measures. The author considers the practice and consequences of imposing unilateral sanctions by a number of states, the trends of its development and legitimacy of the existence in light if the modern international law development.
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Motsyk, Oleksandr. "International Sanctions against the Russian Federation: An Instrument of Pressure and Punishment for Its Aggression against Ukraine and Other International Crimes." Diplomatic Ukraine, no. XXI (2020): 717–43. http://dx.doi.org/10.37837/2707-7683-2020-37.
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The article describes international sanctions against the Russian Federation as an instrument of pressure and punishment for its aggression against Ukraine and other international crimes. The author asserts that sanctions are used to enforce international legal norms when all voluntary conciliation measures of resolving a conflict caused by an international delinquency are exhausted. The Russian aggression endangered the whole European security architecture formed after World War II with the meaningful participation of the US, European countries, and Moscow, then the Soviet Union. As Ambassador of Ukraine to the USA in 2010–15, the author of the article worked in 2014 with his American colleagues from the State Department, National Security Council, Pentagon, and US Department of the Treasury on the provision of support to Ukraine and imposition of sanctions on Russia. Appeals to exert pressure on Russia to stop its intervention and to provide assistance to Ukraine were also addressed to the UN, other international organisations, and financial institutions. More than 40 states have joined the anti-Russian sanctions. The author underscores that sanctions can in no case be reduced; rather, they should made tougher until Russia withdraws its troops Ukraine and stops flagrantly violating international law. If Western states have a unified position and political will, Russia will be compelled to respect the international order and security system formed by the international community after World War II, particularly in Europe. The author emphasises that despite the importance of sanctions, it is not until Ukraine has a robust economy, consistent alignment with Europe, European values, and a powerful military that it will regain control over the occupied Donbas and Crimea. Keywords: international sanctions, Russian Federation, Donbas, Crimea, security system, law and order.
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Kuvaldin, Stanislav. "The Values of the EU and their Protection in the European Law." Contemporary Europe 100, no. 7 (December 31, 2020): 37–45. http://dx.doi.org/10.15211/soveurope720203745.
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Article 7 of the Treaty on the European Union envisages a mechanism for responding to breaching by Member States the values of democracy, equality, the rule of law and human rights proclaimed by the Union, as well as the introduction of sanctions. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its application. The article analyzes the history of this clause in European legislation and the first attempts to influence dubious decisions of the Member States. The author explores the cases of Poland and Hungary in light of discussions to initiate the Article 7 procedures against these countries. It is concluded that such an outcome is unlikely. It is highlighted that the clause was deliberately formulated so that it allows to limit the actions of European institutions, to leave decisions in the hands of national governments and to provide an opportunity to settle the disput through negotiations. The author explores the internal discussions of alternative ways to influence values-violating Member States.
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Chirozva, Lucid. "Law of attraction: A mirror image of Zimbabwe-Belarus relations." Dynamics of Politics and Democracy 1, no. 1 (August 25, 2021): 39–48. http://dx.doi.org/10.35912/dpd.v1i1.730.
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Abstract Purpose: The study aims to analyse the law of attraction and its influence on Zimbabwe-Belarus relations. Research methodology: Secondary sources that relate to Zimbabwe and Belarus were used to gather data. The content analysis technique was employed to analysis to the data. Results: The study gathered that the two countries have limited allies in the international system; they are all on sanctions from the European Union (E.U.) and the United States of America (U.S.A.). The two countries also behave the same way in their interactions domestically and politically, as demonstrated by their conduct during elections. Limitations: The study focuses explicitly only on Zimbabwe’s 2018 and Belarus’s 2020 elections Contribution: This study contributes to understanding how the law of attraction will play a new role in determining the relations shortly, specifically whether or not the two counties will remain allies.
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Verhagen, Gijs. "The Compliance and Dispute Settlement System of the European Energy Community." Legal Issues of Economic Integration 46, Issue 2 (May 1, 2019): 149–60. http://dx.doi.org/10.54648/leie2019009.
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This article assesses the compliance, enforcement and dispute settlement procedure of the Energy Community (EnC). The EnC is an international organization composed of the European Union (EU) and several (South-)East European states, whose main goal is to integrate and harmonize the energy sector of the non-EU member countries with the energy sector of the EU by (among others) offering the prospects of easier access to foreign investments. This however requires implementation by those countries of the mandated rules as set by the EnC, which in practice are similar to the same rules and laws that are required within the EU itself. The implementation of these rules has been proven to be lacking, prompting active compliance enforcement by the Energy Community Secretariat, the permanent body tasked with monitoring compliance. For this, the EnC has a dispute settlement system which is highly diplomatic of nature, and which is most often already effective at enforcing compliance simply by negotiation. However, this dispute settlement system is still seen as lacking a few aspects, such as real sanctions, that would make it more effective at enforcing compliance of the rules of the EnC.
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PELZMAN, JOSEPH. "THE SPILLOVER EFFECTS OF THE RE-IMPOSED UNITED STATES SANCTIONS ON IRAN ON MENA, THE PRC, RUSSIA, AND TURKEY." Global Economy Journal 20, no. 01 (March 2020): 2050003. http://dx.doi.org/10.1142/s2194565920500037.
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Iran has faced US sanctions in one form or another since its invasion of the US Embassy in Iran in 1979. The 2007-08 period marked the initiation of heightened international sanctions on Iran imposed by the UN Security Council in reaction to Iran’s nuclear program. These sanctions were tightened in 2010, when the UN Security Council, the US Congress, and the European Union all implemented separate sets of sanctions targeting either the Iranian nuclear program or the energy and banking sectors. Under the Obama Administration the Joint Plan of Action (JPOA) was signed in late 2013 and within months the United States and the EU took steps to waive specific sanctions. In 2015 the Joint Comprehensive Plan of Action (JCPOA) was signed, which lifted nuclear-related sanctions by the UN, EU and US. The Trump Administration on May 8, 2018 announced the US withdrawal from the JCPOA and directed federal agencies to begin to take steps to re-impose the sanctions established under U.S. law that were lifted or waived in order for the United States to meet its commitments in the JCPOA. On November 5, 2018, all pre-JCPOA - U.S. sanctions on foreign firms that conduct transactions in all of Iran’s core economic sectors, including energy, banking, shipping, and manufacturing, went back into effect. These include sanctions on “petroleum-related transactions” and transactions by foreign banks with Iran’s Central Bank. In addition,700 Iranian and third country entities have again been designated by the United States as sanctioned entities, meaning that foreign firms that transact business with these entities could face virtual exclusion from the U.S. economy. With the re-imposition of sanctions on Iran, in 2018, the US finds itself as a lone player in a world where the EU, the PRC, Russia and a group of MENA countries have no intentions to comply with these re-imposed sanctions. The purpose of this paper, consequently, is to assess the spillover effects which can be expected to result from the US re-imposition of Iran sanctions on relevant MENA countries, the PRC, Russia and Turkey.
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IEFYMENKO, Tetiana, and Tetiana DMYTRENKO. "Modern priorities in the field of combating money laundering and terrorist financing." Naukovi pratsi NDFI 2022, no. 2 (December 21, 2022): 5–20. http://dx.doi.org/10.33763/npndfi2022.02.005.
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Introduction. The introduction of international sanctions as a tool to counter military aggression by the Russian Federation in Ukraine affected the priorities of anti-legalization activities at the global level. Recently, the use of the latest technologies has attracted the attention of FATF and other international organizations. With the beginning of the unprovoked aggression against Ukraine, operative and effective assistance to the country was organized through the collection of funds by charitable crypto funds. Problem.The latest technologies have ensured the active citizenship of people from different countries of the world. On the other hand, such activity, related to the support of the Ukrainian people, also activated the criminal world, whose transactions were passed off as charitable activities. Goal. Provide a brief summary outlining national priorities as well as some practical definitions and financial red flags of financial and crypto market activity. Methods. General and special methods are used: analysis, synthesis, grouping, description, comparison, theoretical generalization, and abstract-logical. Results. Attention is focused on the urgent need for further implementation of international standards in the field of combating the use of proceeds of crime and the financing of terrorism in Ukraine, which, with Ukraine's acquisition of the status of a candidate for membership of the European Union, has become a component of the necessary steps for membership in the European community. Conclusions. The final decision on the issue of the immediate introduction of regulation of the virtual assets market, registration of its participants, interaction with foreign regulatory and law enforcement agencies of this economic sector will contribute to more effective implementation of sanctions to stop Russian aggression in Ukraine, restoration and modernization of the state, and Ukraine's integration into the European Union.
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Muraviov, Victor. "PRINCIPLES AND VALUES OF THE EUROPEAN UNION AND THE LEGAL ORDER OF UKRAINE." Actual Problems of International Relations, no. 138 (2019): 97–105. http://dx.doi.org/10.17721/apmv.2018.138.0.97-105.
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The article is devoted to the analysis of the legal nature of principles and values of the European Union, their ethimology and genesis, as well as their place and role in the legal order of the EU. One can argue that in the contemporary legal order of the European Union principles and norms that are enshrined in the founding documents of the European Union, stipulate the founding basics of the legal system of the EU. Besides, they execute the regulatory function in the relations between an individual and society. It is pointed out in the work, that principles and values appeared in the European Union law not at the same time. If principles were fixed in the first founding treaties when they were concluded, then the provisions on values were included in the founding treaties only recently, that is in the latest Lisbon edition of 2007. It is underlined that the infringement by a EU Member State of values may result into imposing of sanctions against the infringer. However, EU principles and values acquire the particular importance in the course of the conclusion of international agreements with the third countries. With this regard the provisions of the Association agreement between Ukraine and the European Union and its Member States. Special attention is paid in the article to the investigation of the legal mechanism of the implementation of the EU-Ukraine Association agreement in the legal order of Ukraine as well ae the effect of principles and values on the process of legal reforms in Ukraine.
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Unterschütz, Joanna. "Strike and Remedies for Unlawful Strikes in the Legal Systems of Poland, Hungary, and Slovakia." International Journal of Comparative Labour Law and Industrial Relations 30, Issue 3 (September 1, 2014): 319–38. http://dx.doi.org/10.54648/ijcl2014018.
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Poland, Hungary, and Slovakia, like many other Central and Eastern European states, underwent profound economic and legal reform in 1989 and early 1990s with the harmonization of their legal system with the EU acquis along with democratic reform of the political system. In this period international conventions, especially ILO standards, were the main source of inspiration. In all three countries strikes are regarded as a last resort, and certain procedures must be implemented to call a lawful strike. The first formal requirement in Polish and Slovak law concerns the reason for a collective dispute: work and employment conditions as well as trade union freedoms and rights or conclusion of a collective agreement. The next requirement concerns the parties to the dispute: workers must be represented by trade unions (except in Hungary). They cannot initiate a collective dispute individually (even if the outcome would subsequently concern all the employees) or through another representative body such as works councils or employee representatives. The proportionality principle must be respected with regard to the demands of strikers and those organizing the strike may be liable for damages. Workers taking part in unlawful strikes may be subject to the sanctions laid down in labour law, such as disciplinary sanctions, dismissal or pecuniary sanctions if damage is caused. Provision for criminal liability is made only in the Polish legal system. They are construed so that many acts of employers or trade unionists representing workers in the course of collective disputes can be subject to sanctions. As far as illegal strikes are concerned, those leading an illegal strike or other protest action can be criminally liable.
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Raj, Vishakha, and M. P. Ram Mohan. "Appellate Body Crisis at the World Trade Organization: View from India." Journal of World Trade 55, Issue 5 (September 1, 2021): 829–52. http://dx.doi.org/10.54648/trad2021035.
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There has been a crisis prevailing at the Appellate Body of the World Trade Organization (WTO) since December 2019. The United States’ (US) refusal to allow the appointment of members to the WTO’s Appellate Body has disturbed the functioning of the entire WTO dispute settlement process. In order to mitigate the effects of this, the European Union (EU) has proposed a multi-party interim appeal arbitration agreement (MPIA) which has been joined by over twenty other WTO members. In the absence of rules-based dispute settlement, countries will most probably resort to bilateral negotiations. This will be prejudicial to the interests of developing countries that have consistently been disadvantaged during bilateral negotiations and fared better in proceedings with third-party adjudication. Though India has expressed concerns about the Appellate Body crisis, it has not joined the MPIA and has stated that it does not intend to do so either. This article explains why India would benefit from joining the MPIA especially given the disputes it has pending before WTO Panels. Joining the MPIA will help India avoid unilateral sanctions at the first instance and increase the likelihood of compliance by other WTO members that are a part of the MPIA. WTO, Appellate Body, India, dispute settlement, multilateralism, United States, European Union
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Herbert, Eti Best, and Fasilat Abimbola Olalere. "What Is Economic Globalization Without Trans-boundary Migration?" Global Trade and Customs Journal 15, Issue 10 (September 1, 2020): 493–503. http://dx.doi.org/10.54648/gtcj2020088.
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The world is often regarded as a global village or borderless globe where various countries freely interconnect and interrelate towards achieving a global goal. Globalization has occasioned international cooperation amongst States through the formation of several treaties and international organizations with economic objectives. This article evaluates the law and attitude of States and International organizations towards economically motivated trans-boundary migration. Particular reference is made to World Trade Organization(WTO), European Union(EU), African Union (AU), Economic Community of West African States (ECOWAS) and North American Free Trade Association(NAFTA). Findings reveal that the legal and institutional frameworks in support of trans-boundary economic migration are very weak, thereby allowing States’ interest to prevail over the globalization objectives. State practices are geared towards placement of several obstacles, such as imposing criminal sanctions, which limits trans-boundary economic migration. This prejudice is more obvious when the trade in service is a South-North movement of labour. These challenges have led to the irresistible conclusion that economic globalization is but a political fiction yet to take root in reality. It is further contended that, the puzzle of economic globalization cannot be completely fixed, except States fully embrace, accepte and liberalize the missing piece of trans-boundary migration. Globalization, Trans-boundary migration, Economic migration, South-North movement, Trade liberalization.
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Fonju, Dr Njuafac Kenedy. "The Roots of Russian Naked Aggression (RRNA) Versus Unjust Shortsighted Support to Ukrainian Secessionists (USSUS): Constituent Tools of Re-Emerging to the Position of New International Hyper Hegemonic Power (NIHHP) in the Unipolar World of 1991-2022." South Asian Research Journal of Humanities and Social Sciences 4, no. 4 (August 1, 2022): 269–90. http://dx.doi.org/10.36346/sarjhss.2022.v04i04.009.
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This paper brings out arguments concerning the unjust and naked aggression inflicted by Russia over the Ukraine why sorting out why the International Community as the Global mechanism for World peace and security remains partially inactive to impose immediate sanctions in view of the United Nations(UN) charter with the Security Council rising with strong standing orders. The prohibition on the unjustified use of force is the cornerstone of contemporary international law and requires the implications of the International Court of Justice (ICJ) not only on press released but full action to stop the aggressor from its continuance aggression. The ICJ which deals with disputes between states, can only intervene in cases where the countries involved agree that it should have a role is unbearable. In, fact, any country which gives total support to divide another country from its unity requires serious sanctions in view of the violation of territorial integrity and state’s sovereignty. The question of bouncing back to the position of NIHHP is very challenging to the recent aggressor Russian. Therefore, it is not possible to pass through the former Satellite States of the Soviet Union to gain that position and Western European countries will never give the Russia a full ticket to once more rise to that position in international affairs of the 21st Century is what the Russian leaders failed to know. The scrutiny of specialized sources and related valuable documentaries called for our attention to adopt a historical approach in our analyses. This paper is very important to specialist of international relations concerning the strength and weaknesses of the global and continental International Organisations engagements of resolving the Russo-Ukrainian War of the 21st Century.
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Chetverikov, A. O. "Immunity of States and International Organizations in the Court of Justice of the European Union Practice and its Significance in the Implementation of Megascience Projects." Lex Russica, no. 4 (April 24, 2021): 112–29. http://dx.doi.org/10.17803/1729-5920.2021.173.4.112-129.
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In recent years, Russia has invested significant assets in unique scientific facility of the “Megascience” class that are being built or are already operating on the territory of foreign countries, mainly member states of the European Union: the International Thermonuclear Research Reactor-ITER (France), the European X-ray Free Electron Laser-European XFEL, the Large Hadron Collider (Switzerland and France), etc.How reliable and safe are such investments in the context of the sanctions policy of the West, including the EU, against our country? To what extent are they protected by the principle of immunity of states and international organizations, which is generally recognized, but is not interpreted and applied in different legal systems? The paper considers these issues in the context of the development of the judicial practice of the supranational institution of the judicial power of the EU, namely the Court of Justice of the European Union and the concept of relative immunity (immunité relative) formulated herein.Having conducted a comparative legal review of the current state of the sources of law and doctrine on the issues of immunity of states and international organizations, the author analyses and evaluates the decisions of the EU Court of Justice and the legal positions of its attorneys General: — Mahamdia v. Algeria, 2012: for the first time ECJ formulates the concept of relative immunity in relation to states;— "Rina" and "Suprim" cases, 2020: EU Court clarifies the interpretation of the concept of acta iure imperii (acts of public authority), in respect of which states retain immunity in the EU, and extends its concept of relative immunity to international intergovernmental organizations.The final section deals with legal issues that yet to get a clear answer in the practice of the EU Court of Justice. In this regard, the author highlights possible directions of its evolution, and studies other recent decisions of the EU Court of Justice that may affect Russia’s national interests in the context of cooperation with EU member states in the scientific and technical sphere, including megascience, and in other areas.
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Kirilenko, V. P., and G. V. Alekseev. "Problems of Harmonization of European and Russian Legislation on Defamation." Lex Russica 1, no. 9 (September 26, 2019): 168–82. http://dx.doi.org/10.17803/1729-5920.2019.154.9.168-182.
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Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.
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Kondrotas, Lukas. "European Union policy and the use of the normative power regarding cybersecurity." Análisis Jurídico - Político 4, no. 7 (January 31, 2022): 143–68. http://dx.doi.org/10.22490/26655489.5504.
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The transformation of our societies due to technological progress and worldwide spread of information technologies has established a new domain where states must establish a “normal” way of relating to each other. National legislation has been adapted in order to reach this domain; however, in an international context there are still different manners to interpret what behaviour is normal and acceptable. The European Union has established a framework regarding its own cybersecurity and aims to establish the rule-of-law to progress towards a secure digital world; it has also created sanction rules to punish behaviours which oppose its own view. This paper tries to look at what effects it has had on other major actors in the realm of cybersecurity: The United States, Russia, and China. By looking at the development of the frameworks of these countries and their actions and comparing it to the objectives of the European Union in this matter, it shows that effects have been different in each case and that they are not coercing the actions of the other states, not because of a failed implementation, but due to their own nature.
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Pasechnyk, Olena. "INTERNATIONAL ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 146–57. http://dx.doi.org/10.30525/2256-0742/2022-8-5-146-157.
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The article is devoted to the study of the main aspects of international protection of intellectual rights. The authors consider a number of international conventions and treaties, as well as the main provisions of cooperation between WIPO and the WTO under the Agreement on Trade-Related Aspects of Intellectual Property Rights. International treaties form a network that serves all member states, depriving them of the opportunity to act arbitrarily, at their discretion. They establish common norms and standards of IP protection, deviation from which is punishable by sanctions. By signing such treaties, states agree to partially abandon their own IP laws and follow the path of convergence with the laws of other countries. Such agreements exist for almost all categories of IP. The international system of public administration procedures in the field of intellectual property today is based on two conventions concluded in the late XIX century: Paris Convention for the Protection of Industrial Property of 20 March 1883 (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (Berne Convention). These two Conventions played a fundamental role in the subsequent development of legal institutions. In the modern world, a certain system of international legal regulation of related rights has already developed, which directly affects the European related law, since, in particular, the norms of international law form the basis of the legal system of the European Union, and form international, including European, standards of intellectual property rights, including copyright and related rights. The main institutions dealing with IP protection on a global scale are the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). All member states of the European Union, as well as the European Community are members of the WTO organization, which has gained great importance in the field of intellectual property in connection with the adoption of the TRIPS Agreement. The reason that prompted states to choose a forum other than WIPO to negotiate this agreement was the growing dissatisfaction with the existing contrast between the precision, elegance, even sophistication of the treaty documents that were negotiated at WIPO and the inadequacy of the means to ensure the practical implementation and uniform interpretation of these treaties in different countries. The TRIPS Agreement addresses five important issues: the principles of the trade system and international agreements on intellectual property, the minimum level of protection of intellectual property rights, measures to enforce these rules, the procedure for resolving disputes in the field of intellectual property, as well as transitional measures during the implementation of the systems. Ukraine is a party to more than 50 multilateral and bilateral international treaties on intellectual property. Therefore, it is advisable to determine the role of international standards in the system of intellectual property rights protection as integral components of the national legal system in Ukraine. This has become especially important since 24.02.2022 due to the outbreak of a full-scale war on the territory of Ukraine. The occupation of the territory of Ukraine by Russian invaders and the theft of industrial infrastructure, cultural heritage, art objects, which are also objects of intellectual property. Absolutization of copyright and related rights protection does not automatically mean bringing such protection to international standards. Recently, in Europe and the United States there has been an understanding of the need to find a consensus between the interests of copyright and related rights holders and the interests of society for access to cultural heritage. It is necessary to amend the legislation of Ukraine in order to harmonize the interests of copyright and related rights holders and the interests of society for access to cultural heritage, in the context of introducing only the minimum requirements of international legal acts for the protection of copyright and related rights and simplifying access to copyright and related rights.
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Verschueren, Herwig. "Employment and Social Security Rights of Third-Country Labour Migrants under eu Law: An Incomplete Patchwork of Legal Protection." European Journal of Migration and Law 18, no. 4 (November 14, 2016): 373–408. http://dx.doi.org/10.1163/15718166-12342107.
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Labour migration within the European Union (eu), as well as from outside the eu, has evolved significantly. There are more temporary forms of labour migration, such as seasonal work, temporary migration of both high- and low-skilled workers and temporary posting by employers. This evolution has led to an increasing vulnerability of labour migrants’ rights. In particular, the employment and social rights of these migrants are subject to legal disputes, as well as to political discussions. The latter resulted in the adoption of legal instruments meant to guarantee some rights to labour migrants, but which in some cases rather increased their vulnerability. This article explores the issues of employment and social protection of third-country migrant workers in legal instruments of the eu. It starts with an examination of a number of eu directives dealing specifically with labour migration from third countries such as the Blue Card Directive 2009/50, the Employers’ Sanctions Directive 2009/52, the Single Permit Directive 2011/98, the Seasonal Workers Directive 2014/36 and the Intra-corporate Transferees Directive 2014/66 (Section 2). This section also explores the interaction between these instruments as well as their shortcomings. Next, this article focuses on international agreements concluded by the eu with third countries. A large number of these agreements contain provisions which, directly or indirectly, regulate the employment and social security rights of nationals of the third States involved (Section 3). Further, it will comment on the issue of (the absence of) social security coordination between the systems of the Member States and those of third countries (Section 4). Finally, it draws some conclusions and pleads for a better enforcement of the rights already guaranteed and for a more prominent role for the protection of human rights (Section 5).
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BROŽIČ, LILIANA. "EDITORIAL, SECURITY PERSPECTIVES." CONTEMPORARY MILITARY CHALLENGES 2022, no. 24/3 (September 30, 2022): 11–13. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.24.3.00.
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This is the title of the third issue in the twenty-fourth volume of the Contemporary Military Challenges. We started from the changes that have taken place over the last few years. We have had in mind the increased migration flows towards the European Union, the experience of the Covid 19 epidemic, the climate change that surprises us time and time again, despite the fact that we are aware of it, and that we are trying to adapt and respond to it accordingly. In March this year, the "Strategic Compass for Security and Defence - For a European Union that protects its citizens, values and interests and contributes to international peace and security" was launched, and at the end of June, the new NATO Strategic Concept. Both with the aim of rethinking, aligning and unifying the way we look at existing security challenges and developing new security perspectives. At the beginning of this year, we were taken by surprise by the Russian Federation's armed attack against Ukraine. Some had predicted it; others only foresaw it. Many were convinced, however, that such a phenomenon was not possible in a modern democratic society. Huntington's theory of a clash of civilisations, which seemed to have outlived its usefulness in modern European society, has become relevant again. A realistic view of the contemporary security, social and political situation in the world and, above all, the crisis of values and the consequent need for unification have encouraged the European Union to aspire to become a global security actor in the international environment. The war in Ukraine is forcing the European Union to act. It has prepared a package of economic measures or sanctions to influence the Russian Federation in terms of expressing its disapproval of its unilateral moves. However, the Member States are not entirely united on how to confront and counter the situation. Without unity, united political positions and united action, the European Union cannot become the global security actor that it has claimed to be in its strategic compass. In this context, it is also worth mentioning its Common Security and Defence Policy, which is first and foremost a policy, and the fact that the European Union does not have its own military capabilities to manage. The Member States have military capabilities, and they spend varying amounts on their defence. Over the last decade, most Member States have been reducing their defence expenditure, despite the fact that it was agreed at the NATO summit in Wales in 2012 that it would amount up to 2% of GDP. Not all Member States of the European Union are members of the Alliance, but there are twenty-one of them that are members of both. Douglas Barrie and his colleagues produced a special report in 2020 on 'European defence policy in an era of renewed great-power competition', which concluded that, assuming that all Member States did indeed spend 2% of GDP on defence, the European Union and its Member States would need ten to fifteen years to be adequately prepared in terms of security capabilities for a possible aggression by a country with the military capabilities of the Russian Federation today. With investments in this area as they are in 2022, it would take twenty years. This leads to the logical conclusion. There are only two ways of stopping the Russian Federation in its territorial and, of course, political ambitions. The first and most appropriate is political, the second military. Since the European Union does not represent a serious opponent in defence and military terms to this large and militarily powerful country, the only way for it to achieve its status as a global security actor is politically. The military conflict in Ukraine is a major test for both the Union and the Alliance. The European Union now has the opportunity to test how strong and credible its ideals, values and beliefs are. Are its senior representatives wise and innovative enough to look beyond economic sanctions to other diplomatic avenues to achieve what they have written in their strategic compass – to be a global player? Time will answer this question. Until then, however, scholars and other experts will be studying the various influences and phenomena in the security domain. Some of them will also share them with the readers of Contemporary Military Challenges. In a time of economic sanctions imposed by the European Union, Tamas Somogyi and Rudolf Nagy focus on the protection of critical infrastructure, of which the financial sector is an important part. In their article Cyber threats and security challenges in the Hungarian financial sector, they explore the security risks facing the banking system in their country. The paper Geostrategic perspectives of Slovenia in a changing world draws on two geopolitical theories by Mackinder and Spykman, who develop their views on the European space. Uroš Tovornik explored Slovenia's geostrategic position on the basis of their theories, focusing on its geopolitical characteristics. He summarised his findings into four possible scenarios, which are determined by these characteristics and from which possible future geopolitical orientations are derived. Olusola Kolawole Oluwagbire explored the influence of the world’s major powers and how this is reflected in the case of each country. Africa, as a very large continent, is made up of many and diverse countries. The influence of the major powers has always been very strong and integral to African life and the security of its people. In his article An assessment of the impact of relations with major powers on national security: Nigeria in perspective, the author presents how this has changed in recent years and how it affects the security of each country in. Mariann Minkó-Miskovics and Csaba Szabó note that there is an inconsistency between European and Hungarian legislation in the field of dual-use regulation, i.e. for civil and defence purposes. Moreover, they are convinced that this inconsistency may pose a security risk. What this means in practice is presented in the article Interpretation of civil vs. military equipment in European case law - EU and Hungary. Jarosław Włodarczyk writes on the importance of a proper understanding of language between different stakeholders in the international military environment. His study focuses on the teaching of English among military personnel in Poland and on those types of words that do not have a direct translation from Polish into English or vice versa. A particular challenge here is how to adequately explain and teach this to military personnel in the educational process. He summarised his findings in his paper The problem of lexical gaps in teaching military English.
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Sootak, Jaan. "Dear reader,." Juridica International 28 (November 13, 2019): 1. http://dx.doi.org/10.12697/ji.2019.28.00.
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A large proportion of the articles in Juridica International this year is dedicated to criminal law. A paper that truly addresses the issues of legal dogmatics in this field in depth with regard to delict of negligence was contributed by Laura Feldmanis. Raimo Lahti’s article on the criminal liability of a legal person is written from the standpoint of criminal and comparative law, while Frieder Dünkel’s approach to German sanction law should provide plenty of interest and joy of discovery for legal scientists and practitioners alike. Thomas Weigend’s submission, in turn, takes a rather unique look at the material element in criminal law and criminal procedure. He focuses his attention on truth and values. Andres Parmas has considered Estonian criminal law in relation to the dogmatics of international criminal law. All of these articles are an outgrowth of presentations made at a jubilee conference that took place at the University of Tartu. I would like to take the opportunity here to thank everyone who participated in the conference – especially, of course, the speakers. In addition, two articles on medical law had their beginnings in presentations at the conference. One of them, by Henning Rosenau, is squarely in the domain of classic medical law, bringing together discussion of human rights and of issues connected with reproductive medicine. The other medical-law article, by Henning Lorenz, draws particular attention to an addition to German criminal law that has made waves (and met a lot of criticism) in the fields of criminal law, medical law, and legal policy in general: criminalising assisted suicide. This topic has been subject to intense discussion also in the media of Estonia and other countries. I can happily say on behalf of both myself and the editorial board that, at the same time, the new issue offers plenty to read also for those less interested in criminal and medical law. Self-driving cars are a matter of interest not only to engineers but also for lawyers. Taivo Liivak’s ‘What Safety are We Entitled to Expect of Self-driving Vehicles?’ considers some of the issues that we will soon face on the streets on a daily basis. Private law is represented in the article ‘A Half-built House? The New Consumer Sales Directive Assessed as Contract Law’. This piece on consumer protection and contract law was submitted by Kåre Lilleholt, who holds the title Doctor Honoris Causa from the University of Tartu. A paper jointly authored by Ilya Ilin and Aleksei Kelli, ‘The Use of Human Voice and Speech in Language Technologies: The EU and Russian Intellectual Property Law Perspectives’, examines the legal protection of intellectual property. The field of constitutional law is represented too, by Ivo Pilving’s presentation of an approach to fundamental rights in the context of European Union law in ‘Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten’. Still more colours are added to the legal palette by Märt Maarand, with his article ‘The Concept of Recovery of Credit Institutions in the Bank Recovery and Resolution Directive’, and by the paper ‘Is Full Preference for a Secured Claim in Insolvency Proceedings Justified?’, by Anto Kasak.
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Trunov, I. L. "US and European Union sanctions from a position of the rule of law." Bulletin of Russian academy of natural sciences 22 (2022): 92–98. http://dx.doi.org/10.52531/1682-1696-2022-22-3-92-98.
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Analysis of international sanctions policy from the standpoint of law. What are the consequences of sanctions for states and sanctioned persons and how this relates to constitutional and legal principles. International conflicts take the form of sanctions against states, legal entities and individual citizens, but as it is regulated by international law. The sanctions policy of pressure that leads to discrimination, creates the prerequisites for hunger and the deterioration of the health care system, is unacceptable and should be regulated by humanitarian law, as well as the rules of war. The author, using the example of individual states, gives examples of the application of sanctions, their goals and objectives, as well as their consequences. Among the international sanctions campaigns, the largest one is against Russia and Russians. 10,128 sanctions have been imposed against citizens of Russia and the Russian Federation. And this number is growing. Arrests of bank accounts, cryptocurrencies, houses, apartments (and all property located in apartments and houses), yachts, planes, paintings, jewelry, etc., owned mainly by businessmen, journalists and officials. The article uses primary sources cited by the author.
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Masi, Lorenzo Di. "An Overview of EU Sanctions Case Law." Global Trade and Customs Journal 10, Issue 7/8 (August 1, 2015): 250–57. http://dx.doi.org/10.54648/gtcj2015030.
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The article provides an overview of the key features of the European Union (EU) case law on sanctions. In particular, it analyses the grounds available to individuals or entities subject to EU sanctions to seek their annulment before the EU jurisdictional organs. These grounds include, most notably, the violation of essential human rights, the failure by EU institutions to state reasons and manifest error of assessment. Moreover, the article discusses the most relevant preliminary rulings on the interpretation of EU sanctions measures delivered by the Court of Justice of the European Union, as well as actions for damages and interim relief.
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Nagdaseva, A. P. "Sanctions as a Socio-Political Factor of International Cooperation (on the Example of the Influence of Modern Russian-German Relations on the International System)." Discourse 5, no. 4 (October 29, 2019): 73–85. http://dx.doi.org/10.32603/2412-8562-2019-5-4-73-85.
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Introduction. The research work defines the current significance of international sanctions, examines the types of sanctions, the goals of their imposition and the consequences for the international system. As an example, anti-Russian sanctions and retaliatory measures are being analyzed, as well as their influence on relations between the states. In the study an assessment of the development of Russian-German cooperation in various fields before and after the imposition of sanctions is given.Methodology and sources. Such research methods as analysis, synthesis, comparison, statistical methods are used in the research work. Import-export relations between Russia and Germany are analyzed in the paper.Results and discussion. Russia incurs heavy losses from sanctions compared to the European Union. Anti-Russian sanctions do not contribute to the development of free international trade. The European Union is having difficulty maintaining transatlantic economic relations. The imposition of US extraterritorial sanctions is detrimental to German and other European companies. Both European countries and Russia have internal problems, which are aggravated by the sanctions confrontation.Conclusion. Despite all the existing problems and obstacles that stand in the way of bilateral relations, there are positive trends in them. Russia and Germany, in general, have adapted to the sanctions regime. Anti-Russian sanctions will probably not be lifted in the short term.
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Baluk, Walenty. "Ukraine as a Country of Focus for the Government of Canada in the Context of Russia’s Aggression." Історико-політичні проблеми сучасного світу, no. 44 (December 15, 2021): 11–26. http://dx.doi.org/10.31861/mhpi2021.44.11-26.
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The central thesis of this paper is that Canadian-Ukrainian relations have fostered certain peculiarities due to the fact that in Canada (the Land of Maple Leaf), a hefty percentage of citizens are of the Ukrainian origin. Social mobility of the Canadian Ukrainians is traditionally forcing top-level authorities to have their focus resolve around the Ukrainians’ needs and expectations. Noteworthy, since the World War II, Canada has been a pivotal role in constant efforts to strengthen Ukraine’s democracy. While ardently supporting Ukraine’s will for gaining its independence, after dissolution of the Soviet Union, Canada’s government acted in compliance with the international law. Particularly, the Soviet Union’s collapse put Ukraine on the map of the international political landscape and made it known to become independent from the Russian Federation. It should be articulated, Poland was first country to recognize the independence of Ukraine on December 2, 1991. Canada was the second world state to have acknowledged Ukraine to be a sovereign state. In the 30-year-long-run Ukraine gained worldwide recognition. Undoubtedly, Ukraine- Canada relationship has laid its crucial fundamentals for the global acknowledgment. The author of the article estimates that both countries have signed more than 50 documents, which are handling their relationship. According to the author, sovereign Ukraine is an especially important factor for European security, which is facilitated by the present-day Canada-Ukraine relations. The author of the article emphasizes on Canada-Ukraine relations to be recognized as a unique and genuine partnership. To be more precise, the scholar discloses the significant value of the Joint Declaration on Special Partnership signed in 1994, which was extended twice - in 2001 and 2008. Remarkably, the paper analyzes Canadian-Ukrainian relations from the beginning till 2018. It highlights two stages f the relations establishment - before 2014 and after the Russia’s aggression against Ukraine. Furthermore, the author stresses on his personal contribution in the scientific research on Canada’s policy in terms of Russia’s aggression against Ukraine over the years. Provisions of the article are proved by the relevant Canadian-Ukrainian documents. In addition to the mentioned Declaration, there is an Agreement on Friendship and Cooperation between Ukraine and Canada, dated 1994. Document reaffirmed both sides’ commitment to the democratic values and the principles of market economy. It also defined development in the political, security, economic, social and cultural areas of Ukraine-Canada relations. Since the article is devoted to bilateral relations between the two countries in extremely difficult time for Ukraine, related to Russian aggression, article says a lot about the aggression itself, about the support for Ukraine to overcome it, about the reaction of the world society. To confirm it, author involved a bilateral document Defence Cooperation Arrangement, dated April 3, 2017. The body of the article goes on to emphasize Canada’s bolstering democratic and market reforms in Ukraine. However, the author draws attention that the current trade and mutual investments capacity leaves much to be desired. Nevertheless, the Canada government and the pro-Ukrainian Canadians provided significant support to Ukraine during the Orange Revolution and the Revolution of Dignity. Authorities in Ottawa denounced Russia’s aggression against Ukraine by joining the sanctions imposing policy of the Western countries. Ottawa has clearly spoken out against Russia’s annexation of Crimea and destabilization in Donbas and supported sale of the lethal weapons to Ukraine. First of all, Canada supports Ukraine through diplomatic policy, as well as in Ukraine’s efforts in implementing economic reforms and strengthening the state security system.
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Sachs, Bärbel. "European Union Financial Sanctions Law and Its Application to Subsidiaries of Listed Entities." Global Trade and Customs Journal 8, Issue 9 (September 1, 2013): 268–73. http://dx.doi.org/10.54648/gtcj2013037.
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A major challenge for economic operators with regard to European Union financial sanctions law is the sometimes inconsistent and contradictory interpretation of the rules amongst the Member States. In February 2013, the Council of the European Union adopted new interpretative guidelines with regard to the interpretation of the prohibition to make available funds or economic resources through persons or entities owned or controlled by listed persons or entities. While coherent interpretation has - partially - been established, the new guidelines continue to raise issues of legal certainty and reverse the burden of proof under financial sanctions law.
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Rovetta, Davide, Agnieszka Smiatacz, and Giani Pandey. "Don’t Wake up the (EU) Bear! The Scope of the EU Blocking Regulation 2271/96 in Light of the Recent Preliminary Ruling Reference in Bank Melli V. Telekom Deutschland Case, C-124/20." Global Trade and Customs Journal 16, Issue 2 (January 1, 2021): 44–58. http://dx.doi.org/10.54648/gtcj2021006.
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The present article describes the main features of the EU Blocking Regulation aimed at obstructing the application in the EU of US secondary economic sanctions. The recent preliminary ruling request by a German Court on such Regulation in the Bank Melli v. Telekom Deutschland case could open the door for the Court of Justice of the European Union granting a strong and unconditional enforcement of such EU Regulation against US secondary sanctions. If this were to happen, the compliance policy of companies present in the European Union will be dramatically impacted. Although the case is yet to be decided, most likely in the first half of 2021, the present article addresses main points concerning the relevant aspects for the application and interpretation of the EU Blocking Regulation. Blocking Regulation, Cuba, Economic sanctions, Embargo, EU, European Court of Justice, Iran, OFAC, Preliminary reference, Primary Sanctions, Secondary sanctions
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Kuvaldin, Stanislav. "The Values of the European Union and their Protection under European Law." Contemporary Europe, no. 100 (December 31, 2020): 27–37. http://dx.doi.org/10.15211/soveurope720202737.
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Article 7 of the Treaty on the European Union provides for a mechanism for responding to violations by member states of the values of democracy, equality, the rule of law and respect for human rights proclaimed by the Union, as well as the introduction of sanctions against the violating state. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its use. The article analyzes the history of the appearance of Article 7 in European legislation and the first attempts of a pan-European influence on dubious decisions of the member states. Based on the example of Poland and Hungary in respect of which the possibility of applying sanctions under the Article 7 procedure is now being discussed, it is concluded that such an outcome is unlikely. It is shown that Article 7 was deliberately created in such a way as to limit the actions of pan-European structures, to leave decisions in the hands of national governments and to provide an opportunity to solve the problem through negotiations. It also shows the process of searching for alternative ways of influencing the violating states.
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Nijaz, Musić. "FRAMEWORK FOCAL CONTACTS IN EUROPEAN PRIVATE INTERNATIONAL LAW AND EUROPEAN UNION PRIVATE INTERNATIONAL LAW." Journal Human Research in Rehabilitation 6, no. 1 (April 2016): 57–63. http://dx.doi.org/10.21554/hrr.041609.
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The paper describes the role and representation of framework focus contacts in private international law, and their function in collision regulation on determining the binding law in private law with an element of foreignness.The introduction provides a brief overview on the division of focus contacts and their representation in collision regulations in the contemporary private international law. It also lays out various solutions for the application of collision regulations in national legislations in certain European countries, such as: Austria, Germany, Switzerland, Poland, Italy, Macedonia, Slovenia, as well as the solutions offered by the European Union regulations and international conventions.
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Lavranos, Nikolaos. "UN Sanctions and Judicial Review." Nordic Journal of International Law 76, no. 1 (2007): 1–17. http://dx.doi.org/10.1163/090273507x181638.
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AbstractThis article analyses the way UN sanctions are implemented in the European legal order. As a basis for the analysis, the European Court of First Instance's (CFI) rulings in the Yusuf/Kadi/Ayadi 1 cases and the European Court of Human Rights's (ECrtHR) judgment in the Bosphorus 2 case are applied. The main critique of the author is that the CFI misconstrued the hierarchy of norms within the Community legal order when it argued that the EC/EU (European Community/European Union) is bound by UN Security Council resolutions in the same way as the Member States. Moreover, the conclusion drawn from this by the CFI that UN law enjoys supremacy over primary EC law is also rejected by the author. Finally, it appears that European courts are unwilling to provide judicial review against UN sanctions, which results in a lacuna concerning fundamental rights protection for affected individuals and organisations.
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Galushko, Dmitriy Viacheslavovich, Natalya Valerievna Oganova, Andrey Leonidovich Belousov, Elena Valerievna Grigorovich, and Aleksey Valerievich Sereda. "The EU law and the law of third countries: problems of interaction." SHS Web of Conferences 118 (2021): 02003. http://dx.doi.org/10.1051/shsconf/202111802003.
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The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.
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Iriarte Angel, J. L., A. S. Linnikov, A. V. Sereda, and A. S. Minakov. "Current ways to protect the rights and ensure the economic security of Russian individuals and legal entities in the context of international economic sanctions." Finance: Theory and Practice 26, no. 1 (February 26, 2022): 198–214. http://dx.doi.org/10.26794/2587-5671-2022-26-1-198-214.
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Restrictive measures, or so-called “sanctions”, were introduced by the countries of the European Union against the Russian Federation, its citizens, and legal entities in 2014. The introduction of restrictive measures was initially seen as a threat to Russia’s economic security and sovereignty, so the Russian authorities were forced to respond by introducing retaliatory measures, or counter-sanctions. The subject of this article is the various possibilities for defending or challenging the imposed restrictive measures provided for by the legislation of the European Union and its member States, as well as the most famous and significant cases of appealing against these sanctions. The aim of the study is to systematize various ways of challenging restrictive measures in the bodies of the European Union, to develop a mechanism for such a challenge, as well as to collect statistical information on completed cases in which sanctions against certain persons were successfully challenged, or the lifting of restrictive measures was refused. The relevance of the topic is expressed in the unrelenting pressure of foreign states on the sovereignty and economic security of Russia. The scientific novelty is due to the lack of systematic research on the mechanisms for challenging sanctions. The authors apply descriptive, historical, and comparative analysis methods. The authors identified a certain mechanism of opportunities and tools for challenging restrictive measures in the bodies of the European Union, as well as defined a chain of actions to launch an appeal mechanism for certain restrictive measures. The authors conclude that stakeholders should initiate and participate in sanctions appeal procedures as there is good practice in lifting restrictive measures.
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Timofeyeva, Liliya. "EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME." European Historical Studies, no. 21 (2022): 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.
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Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.
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Lubis, Syaravina. "Transformation Of The EU Law Related To The Etabilishment Of National Law In The England In The Law Perspective Of International Organizations." Journal of Law Science 4, no. 1 (January 30, 2022): 46–37. http://dx.doi.org/10.35335/jls.v4i1.1699.
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The economic upheaval of a country is one of the reasons for the formation of an international organization, namely the European Union. The goal of the European Union itself is to promote through the community the harmonious, sustainable development of economic activity, steady improvement, rapid improvement of living standards, quality of life and closer relations between member states. This research has a problem formulation consisting of the transformation of EU law into law in the member states of the European Union, the transformation of EU law in the UK, and a challenge as a legal effort related to the transformation of EU law in the UK according to International Organization Law. This study uses a normative juridical research method. The results of the research on the transformation of European Union Law into National Law of member countries, namely by establishing Regulations, Directives, Decisions that must be applied in member countries. EU law has the supremacy of overriding the National Laws of member states. The transformation of European Union Law in the UK began with the agreement of the European Communities Act 1972 which was the UK's ratification of EU Law. Challenge as a legal remedy related to the transformation of European Union Law in the UK is permitted under Articles 230 and 232 of the European Union Agreement, namely by submitting a complaint to the national court in accordance with the time specified to carry out the challenge, this challenge action can end with an amendment. The conclusion of the research is the transformation of European Union Law in member countries in the form of Regulations, Directives, and Decisions. The European Union Law Transformation in the UK is regulated through the European Communities Act 1972. Challenge as a legal remedy related to the transformation of EU Law in the UK is allowed in order to create a good implementation. Suggestions related to research is that it is better to ensure that the transformation of European Union Law has been implemented as intended. The transformation of EU Law in the UK should ensure that UK National Law can be waived in the event of a conflict with EU Law which is immediately effective. Conduct in-depth negotiations, ask for opinions from representatives of each member country so that unity is achieved to facilitate the implementation of European Union Law in member countries and minimize challenges to European Union Law.
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Voynikov, V. V. "EU Anti-Russian Sanctions (Restrictive Measures): Compliance with International Law." Herald of the Russian Academy of Sciences 92, S7 (December 2022): S636—S642. http://dx.doi.org/10.1134/s1019331622130111.
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Abstract The EU sanctions policy against Russia began back in 2014 as a response to the aggravation of the crisis in Ukraine. In 2022, sanctions (restrictive measures) against Russia were significantly strengthened and acquired a large-scale and unpredictable character. The purpose of this article is to identify the essential characteristics of the EU anti-Russian sanctions and to determine the legal nature of the sanctions, as well as their compliance with international law. It is concluded that the unilateral EU sanctions, contrary to their purpose, are intended to punish Russia by causing maximum damage. International law does not forbid states and their associations to impose unilateral restrictive measures in the economic sphere if they are justified by security considerations. In this context, the verification of the validity of the EU sanctions should be assessed individually for each measure. The author believes that a number of EU restrictive measures taken against the Russian Federation go beyond the scope of the permissions established by international law. This is especially true regarding measures taken in 2022. Moreover, the practice of implementing the adopted restrictive measures is becoming increasingly sophisticated, indicating that the European Union and its individual members are abusing their position.
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Artemov, N. M., and A. A. Sitnik. "Countering Anti-Russian Sanctions in Payment and Currency Fields." Actual Problems of Russian Law 17, no. 6 (May 21, 2022): 48–62. http://dx.doi.org/10.17803/1994-1471.2022.139.6.048-062.
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The paper is devoted to the study of anti-Russian sanctions imposed by the United States of America and foreign states and international organizations that have joined them, as well as the analysis of measures aimed at countering unfriendly actions undertaken against the monetary system of the Russian Federation. The paper examines the historical aspects of the anti-Russian policy of Western countries, analyzes provisions of regulatory legal acts and other official documents adopted by the United States and the countries of the European Union, aimed at destabilizing payment and currency relations in Russia. The authors investigate the counter-sanctions policy and measures aimed at ensuring the stability of the Russian monetary system in general and the national payment system in particular. It is concluded that the use of the dollar and the euro as a weapon of sanctions war, the practice of confiscating reserves and assets of countries pursuing policies that do not correspond to the interests of the United States and dependent states, restricting access of financial institutions of “rogue countries” to American and European financial resources, disconnecting credit institutions from SWIFT, and other sanctions inevitably lead to the formation of a parallel international financial system, of which a fundamentally new international monetary system will become a part.
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Rovetta, Davide, and Davide Rovetta. "EU Common Foreign and Security Policy Sanctions: Litigation before the EU Courts and the Sunday Punch Approach." Global Trade and Customs Journal 9, Issue 2 (February 1, 2014): 48–51. http://dx.doi.org/10.54648/gtcj2014006.
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The EU General Court and the Court of Justice of the European Union guarantee an appropriate and very high quality level of judicial protection in the area of Common Foreign and Security Policy (CFSP) financial sanctions. However, the Council of the European Union often relies on the time-consuming process to obtain a final ruling of EU Courts in order not to discontinue assets freezing sanctions against a given individual or company. The length of time to get an EU Court ruling and the formalistic implementation of it by the Council often works against the individuals and entities being caught by financial sanctions. The present paper suggests a means to apply a more creative approach and to use in CFSP litigation what in boxing is described as a "Sunday Punch." Listed entities must act quickly, very proactively, and on a multi-jurisdiction level to get the most out of the fight against the listing.
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Douhan, Alena. "Malicious Activity in Cyberarea as a Ground for Introduction of Sanctions: Theory and Practice." Journal of international law and international relations, no. 1/2 (June 30, 2022): 9–18. http://dx.doi.org/10.33581/2072-0513-2022-1-2-9-18.
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Current article provides an overview of the practice of application of sanctions both of the UN Security Council and by states and regional organisations unilaterally with reference to malicious activity in cyberspace. Article idefines the notion of ‘sanctions’ in international law, refers to specific cases of malicious activity, practice of the use of sanctions by the UN Security Council and by states and regional organisations unilaterally, follows recent developments of legislation of the United States of America, European Union, United Kingdom and Australia; identifies contemporary tendencies and applicable areas of international law. The author identifies on the conclusion contemporary problems of the use of international and cybersanctions in cyberarea.
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Chachko, Elena. "Due Process Is in the Details: U.S. Targeted Economic Sanctions and International Human Rights Law." AJIL Unbound 113 (2019): 157–62. http://dx.doi.org/10.1017/aju.2019.25.
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The United States has employed targeted sanctions—economic and travel restrictions imposed directly on natural and legal persons—in a wide range of policy areas in the past two decades. This includes counterterrorism, nonproliferation, and cyber, as well as sanctions regimes aimed at changing the behavior of various governments. A substantial literature has considered the compatibility with international human rights law of the targeted sanctions practices of other actors, particularly the UN Security Council and the European Union. But relatively few scholars have examined U.S. targeted sanctions practices from that perspective. This essay argues that in principle, current U.S. designation practices can be reconciled with international standards. However, a more robust conclusion about the practices’ compatibility with international human rights law would require more information on the application of designation procedures in individual cases.
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Willems, Arnoud, and Nikolaos Theodorakis. "Customs Sanctions Harmonization in Europe: Why the Commission Is Taking the Wrong Approach." Global Trade and Customs Journal 11, Issue 7/8 (August 1, 2016): 290–95. http://dx.doi.org/10.54648/gtcj2016039.
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Uniform customs administration remains difficult in the European Union (EU). Since 1979, the European Commission (hereinafter ‘Commission’) has been trying to reduce variability and uncertainty. Most recently, the Commission introduced a proposed Directive defining customs infringements and sanctions. Unfortunately, the proposed Directive seeks too much convergence too soon. It would lead to more infringements and sanctions, while imposing unfair or unclear standards and procedures in determining liability, calculating fines, classifying infringements, and sentencing. A recent draft report from the European Parliament addresses only some of these concerns. The Commission would do better to seek gradual ‘approximation’ of customs administration rather than aggressive ‘harmonization.’
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Schmidt, Julia. "The Legality of Unilateral Extra-territorial Sanctions under International Law." Journal of Conflict and Security Law 27, no. 1 (February 15, 2022): 53–81. http://dx.doi.org/10.1093/jcsl/krac005.
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Abstract Following its withdrawal from the Joint Comprehensive Plan of Action, the USA re-imposed economic and financial sanctions against Iran. Its current unilateral sanctions regime against the country contains extra-territorial sanctions which prohibit non-US nationals and non-US companies from trading with and investing in Iran. Foreign legal and natural persons who do not comply with the US extra-territorial legislation are faced with a variety of limitations, including access restrictions, fines and penalties. Thereby they not only put pressure on operators worldwide but also interfere with the sovereign foreign policy choices of states and international organisations such as the European Union (EU) who support legitimate trade with Iran. Equally problematic are the extra-territorial sanctions contained in the US sanctions regime against Cuba. The article examines the lawfulness of unilateral extra-territorial sanctions as a form of targeted sanction under international law in the relationship between the sanctioning state and other sovereign international actors affected by the extra-territorial legislation in light of the customary law on jurisdiction, the law on sanctions as well as the principle of non-intervention. The relationship between the US and the EU and its Member States will be taken as an example. It will be shown that unilateral extra-territorial sanctions may amount to an abuse of rights in case they are functionally connected to primary sanctions that violate jus cogens norms or that undermine the UN Charter system, irrespective of the strength of the exercised economic pressure.
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Sari, Ruth Intan. "PENJATUHAN SANKSI UNI EROPA ATAS TINDAKAN ANEKSASI RUSIA DI KRIMEA, UKRAINA." BELLI AC PACIS 7, no. 1 (March 11, 2022): 20. http://dx.doi.org/10.20961/belli.v7i1.59987.
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<div>This study raises the issue of the legality of the imposition of European Union sanctions for Russia’s annexation of Crimea, Ukraine based on international law and the forms of imposing these sanctions. The method used in this research is normative legal research and is prescriptive. The types and sources of research data used are primary legal materials and secondary legal materials collected by using library research legal materials collection techniques. The data analysis technique used is a deductive mindset technique. This research results that the legality of EU sanctions is Council Decision 2014/512/CFSP and Council Regulation (EU) No. 833/2014 with provisions for imposing sanctions based on the European Union Agreement adopted within the framework of the Common Foreign Security and Policy (CFSP). The form of sanctions imposed are; (1) Arms embargo; (2) Export of dual-use goods; (3) Financial sanctions; (4) Prohibition of fulfilling claims; (5) Restrictions on services and other items.</div>
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Křepelka, Filip. "Dominance of English in the European Union and in European Law." Studies in Logic, Grammar and Rhetoric 38, no. 1 (September 1, 2014): 137–50. http://dx.doi.org/10.2478/slgr-2014-0036.
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Abstract English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law (common law) which differs significantly from continental law (civil law) existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse.
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Medović, Vladimir. "Stabilization and association treaties in the law of the European Union." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 3–10. http://dx.doi.org/10.5937/gakv0402003m.
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The European Communities did not cease to exist after the foundation of the European Union by the Treaty of Mastricht in 1992. In fact, they act as pillars on which the European Union stands, together with the Police and Judicial Cooperation in Criminal Matters and Common Foreign and Security Policy. The European Union does not have the status of a legal entity or a capacity to enter into treaties with third countries or international organization. In both foreign and domestic proceedings it relies upon the institutions and instruments of the European Communities. The European Communities are autonomous in relation to the European Union and act in accordance with the rules contained in the foundation Treaties, which, however, make a constituent part of the Treaty on European Union. The foundation Treaties of the European Communities provide for a possibility for the Communities to enter into international treaties with third countries or international organizations. Stabilization and Association Treaties belong to the category of Association Treaties defined in Article 310 of the Treaty on European Union. Considering that these treaties regulate certain fields which belong to competence of the member states, the member states are usually parties to these treaties along with the European Communities. International treaties entered into between the European Communities and third countries are binding upon the Community institutions and upon member states. International treaties entered in this way are considered a part of Community law. Member states are bound to recognize such effects to these treaties as are provided in the Community law itself.
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Đukanović, Dragan. "The Process of Institutionalization of the EU’s CFSP in the Western Balkan Countries during the Ukraine Crisis." Croatian International Relations Review 21, no. 72 (February 1, 2015): 81–106. http://dx.doi.org/10.1515/cirr-2015-0003.
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Abstract This paper analyses the Western Balkan countries’ relationship towards the instrument of the Common Foreign and Security Policy of the European Union in the context of the measures undertaken by Brussels against the Russian Federation due to its involvement in the Ukrainian crisis. In this regard, the author first points out to what extent the countries of the Western Balkans over the past few years, that is, after the signing of the Stabilization and Association Agreement, harmonized their foreign policies with the Common Foreign and Security Policy of the European Union. Certainly, the most important foreign policy challenges for the Western Balkan countries in 2014 are imposing sanctions against the Russian Federation. Some Western Balkan countries (above all, Serbia, Bosnia and Herzegovina and Macedonia), according to the author’s assessment, are stretched between their intentions to join the EU and thus harmonize their foreign policy with the Common Foreign and Security Policy of the European Union on one hand, and on the other, to avoid disruption of existing relations with the Russian Federation
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Buhaichuk, K. L. "Legal and regulatory aspects of improving the sanctions policy of Ukraine." Law and Safety 84, no. 1 (March 24, 2022): 29–38. http://dx.doi.org/10.32631/pb.2022.1.03.
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The paper examines the legal nature of sanctions imposed by the UN Security Council and individual states to combat violations of international law. The UN Security Council sanctions have been identified as mainly economic restrictions and other coercive measures imposed for violations of major international human rights conventions and instruments.
A comparative legal analysis of the sanctions policy of the United States of America and the European Union was carried out, on the basis of which it was concluded that the sanctions policy implemented by the European Union and the United States of America is fundamentally different. In the EU, it is implemented in accordance with the institutional documents on the establishment of the European Union, which allow the introduction of restrictive measures against individuals or legal entities and groups or non-governmental organizations. At the same time, US sanctions are imposed on any entity that poses a threat to the US economy, even when its actions are lawful under national law. The US experience with the introduction of “secondary sanctions” is interesting, when a natural or legal person cooperating with sanctioned organizations or individuals may be subject to US economic sanctions.
The content of the Law of Ukraine “On Sanctions” and the practice of its implementation through the decisions of the National Security and Defense Council of Ukraine, which are enacted by Decrees of the President of Ukraine. Based on the above, proposals and recommendations for improving its content are formulated: 1) to determine that sanctions against citizens of Ukraine are an exceptional measure and are applied in case of impossibility of full pre-trial investigation due to their stay outside the jurisdiction of Ukraine; 2) to expand the list of legal grounds for the application of sanctions to citizens of Ukraine by including, in addition to terrorist activities, the commission of crimes against the foundations of national security of Ukraine; 3) to determine an exhaustive list of sanctions to enshrine in it the possibility of restricting access to Internet resources; 4) to establish a mechanism of legal liability for non-compliance with the requirements imposed by sanctions.
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Fink, Sophie. "Judicial Control of Targeted Sanctions by the European Court of Justice." Max Planck Yearbook of United Nations Law Online 18, no. 1 (2014): 425–61. http://dx.doi.org/10.1163/18757413-00180015.
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In the global fight against international terrorism, the Security Council of the United Nations uses targeted sanctions for the prevention of terrorist attacks and the protection of the population. Starting with Resolution 1267 in 1999, an encompassing listing system was established by the Security Council. The listing system bears various problems regarding the human rights of the listed persons, especially since there is no mechanism of judicial review attached to the listing system. Following the implementation of these consolidated lists in the European Union, they were challenged before the European Courts. This article describes the development of targeted sanctions, focusing on the different sanctions regimes in the fight against international terrorism and their specific problems. It analyses the judicial review of the sanctions regimes by the European Courts, particularly the Kadi-Judgment of 2008. The article then describes the implications of this judgment not only for the relationship between the law of the un and the eu and for the sanctions regime on the international and European level, but also for the overarching question whether liberty and security can be brought into balance with regard to targeted sanctions.
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Timofeev, I. N. "Britain’s Sanctions Policy: Institutional Design and Targeting Russia." Herald of the Russian Academy of Sciences 92, S6 (September 2022): S504—S511. http://dx.doi.org/10.1134/s1019331622120103.
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Abstract Britain is one of the key initiators of sanctions against Russia. It is pursuing an independent policy of restrictive measures against Russia since its withdrawal from the European Union. However, both the institutional design and practice of the UK’s sanctions policy remain poorly covered by the academic literature. These gaps generate a number of questions that are central to this article. What are the institutional characteristics of the contemporary UK policy of sanctions? What are the trends in comparison with other players like the United States, the European Union, and others? In what way are these institutional and practical features implemented in relation to Russia? Three assumptions follow. (i) the UK institutional design provides considerable autonomy to the executive branch to implement sanctions, although the instruments used are standard and similar to the ones applied by other Western countries (including blocking sanctions and export control); (ii) Britain is quite active in using sanctions. Although the UK applies sanctions less actively than the US or the EU, it uses them far more actively than China and Russia; (iii) Russia is becoming a priority target for London both in terms of the number of sanctions imposed and the variety of methods used. These assumptions are tested in this article based on the analysis of legal and official documents, as well as the Sanctions Events Database (SED) designed by the Russian International Affairs Council (RIAC).
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Kuplewatzky, Nicolaj. "The Divergence in Theoretical and Practical Use of Combined Nomenclature Explanatory Notes and Tariff Classification Regulations in the EU." Global Trade and Customs Journal 7, Issue 11/12 (November 1, 2012): 454–60. http://dx.doi.org/10.54648/gtcj2012055.
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All goods imported into or exported from the customs territory of the European Union must be declared and classified in conformity with the Combined Nomenclature (CN). In accordance with the so-called 'Basic Tariff Regulation', the European Commission ('the Commission') can approve explanatory notes and tariff classification regulations in order to classify a given set of goods in the CN. Their practical retroactive application however creates many problems both under EU law and the GATT 1994. The present paper analyzes such practical problems and sets forth possible solutions in light of the case-law of the Court of Justice of the European Union and of the so-called 'counter-limits doctrine' by the Italian and German Constitutional Courts. We argue that the retroactive application of explanatory notes and tariff classification regulations coupled with possible criminal and administrative sanctions against traders must be addressed by both the European Commission and the Court of Justice. We also argue that should the EU institutions fail to correct the above shortcomings, national constitutional courts, basing themselves on the counter-limits doctrine, must step in and set aside such aspects of EU tariff classification law and the national sanctions breaching fundamental freedoms.
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Cuyvers, Ludo, and Weifeng Zhou. "Linking International Trade and Labour Standards: The Effectiveness of Sanctions under the European Union’s GSP." Journal of World Trade 45, Issue 1 (February 1, 2011): 63–85. http://dx.doi.org/10.54648/trad2011003.
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Linking international trade and labour standards is one of the ways to make countries comply with their international obligations to respect core labour standards. Under the European Union’s Generalized System of Preferences (EU’s GSP), trade preferences of Myanmar in 1997 and Belarus in 2006 were withdrawn for the use of forced labour and for violations of the freedom of association. This paper highlights the EU’s GSP scheme and idea of linking EU trade policy to core labour standards. Based on two case studies, we investigate the trade effects of the EU sanctions on the target country and analyse the effectiveness of the EU’s GSP sanctions. We find that using the EU’s GSP regime to sanction countries which violate the core labour standards has very limited effectiveness. However, sanctions can be an effective way to demonstrate the political commitment to a particular set of values and norms such as core labour standards. Sanctions may also deter other countries from committing violations. If Europe must have a stronger social dimension, so should its trade policy. – Former EU Trade Commissioner Peter Mandelson
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Lazanyuk, Inna V., and David Mambu Diu. "Angola’s economy under sanctions: problems and solutions." R-Economy 8, no. 3 (2022): 208–18. http://dx.doi.org/10.15826/recon.2022.8.3.017.
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Relevance. Africa is the continent most targeted by sanctions. African states were made subject to sanctions by the United Nations and various regional organizations such as the African Union, Economic Community of West African States, and the European Union. There is, however, still a lack of understanding of these sanctions’ intended and unintended effects in the African context, which is the research gap this study seeks to address. Research objective. This paper analyzes the role and mechanisms of the sanctions imposed by Western countries (especially the USA) against Angola and other African states to achieve certain geopolitical goals. Data and methods. This study relies on the comprehensive and recently updated dataset of the Global Sanctions Data Base (GSDB). The GSDB lists over 1,101 sanction cases by country and international organization. Sanctions are classified according to the three parameters: their type, objective and degree of success. The methodological framework of this study comprises the historical-logical, statistical, comparative, and analytical methods. Results. We analyzed the dynamic of the macro-economic indicators targeted by the sanctions against Angola and its political elite in 1995-2021 and found that the effects of these sanctions were not very profound. The UN sanctions, however, had a statistically and economically significant effect on the country's economic growth as they led to a considerable exports shrinkage and decline in GDP. The latter effect was possible because Angola's economy is heavily reliant on oil exports. As the imports curbed, since 1995 Angola’s trade structure has undergone some significant changes: the share of the imports from China grew by 12% between 1995 and 2019 while the share of France decreased by 8.2%, Portugal, by 9.6%, and the USA, by 10.8% Conclusions. Analysis of the GSDB data has led us to the following conclusions: first, sanctions are becoming an increasingly popular tool of international relations; second, European countries are the most frequent users of sanctions and African countries are their most frequent targets; third, sanctions are becoming increasingly diverse; and, finally, the share of trade sanctions is decreasing while the share of financial and travel sanctions is growing. At the current stage, the effect of the sanctions is weak in comparison with the declared goals although they have a negative impact on the living standards in the target countries.
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Stein, Eric, and Daniel Halberstam. "The United Nations, the European Union, and the King of Sweden: Economic sanctions and individual rights in a plural world order." Common Market Law Review 46, Issue 1 (February 1, 2009): 13–72. http://dx.doi.org/10.54648/cola2009002.
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Reawakened from its long slumber during the Cold War, the UN Security Council has become more active than ever before. Increased UN activity, however, has not always spelled increased accountability and control. This problem becomes particularly acute in the case of UN decisions imposing targeted economic sanctions on individuals who are suspected of sponsoring terrorism. These sanctions, or the process by which the decisions on sanctions are reached, have been in considerable tension with international as well as domestic conceptions of fundamental rights. When the UN enlists regional organizations and States in taking action against such individuals, the resulting multiplicity of institutions may be a blessing or a curse. The plurality of claims to ultimate legal authority may create multiple veto points checking for the protection of fundamental values or may provide myriad opportunities for obstruction, burden shifting, or evasion of responsibility. The difficulty, then, lies in arriving at an approach that can mediate productively between the needs for collective action and the particular perspective of each institutional participant without losing site of fundamental values, such as human rights. This Article tackles these questions by examining the international human rights constraints that operate on UN authority, and then turning to a discussion of the UN’s economic sanctions regime and the clash of legal orders in recent litigation in the European Courts – especially in the Kadi case – surrounding implementation of that sanctions regime in the European Union and its Member States. We argue that the UN Security Council should be considered bound by human rights; that the EC Treaty provides the European Community with power to implement targeted sanctions; that the relation between the European legal order and that of the UN lacks an ordered hierarchy; and finally, that this pluralist relationship should be managed neither by usurpation nor simple resistance, but by constructive mutual engagement on constitutional as well as international human rights.