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1
McMahon, Joseph A. « International Agricultural Trade Reform and Developing Countries : The Case of the European Community ». International and Comparative Law Quarterly 47, no 3 (juillet 1998) : 632–46. http://dx.doi.org/10.1017/s0020589300062205.
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We are all aware that agriculture is important to developing countries as a source of income, employment and export earnings. To a far greater extent than in the OECD countries, agriculture it central to the economic performance of developing countries and the livelihood of their inhabitants. Rural societies in developing countries are directly dependent on the agricultural sector and urban dwellers rely on agriculture to provide food security and sustainable economic growth. Furthermore, many developing countries heavily rely on the export earnings or are highly dependent on food imports. Given the fact that the poorest and most threatened communities and countries are typically the most highly dependent, the resolution of pressing global agricultural policy and trade issues is critical to sustainable development and poverty alleviation.
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Zielke, Rainer. « Anti-avoidance Legislation of Mayor EC Member Countries with Reference to the 2014 Corporate Income Tax Burden in the Thirty-Four OECD Member Countries : Germany, France, United Kingdom, and Italy Comp ». EC Tax Review 23, Issue 2 (1 mars 2014) : 102–15. http://dx.doi.org/10.54648/ecta2014011.
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Despite continuous instability in the European Community (EC) its mayor countries Germany, France, the United Kingdom, and Italy exhibit continuously economic growth and stability. According to the International Monetary Fund these European countries have - in this order - the highest gross domestic product in the European Community in 2012. In this article anti-avoidance legislation of - according to the gross domestic product - the four most important EC countries will be reviewed with reference to the tax differential to the thirty-four OECD Member Countries. The pivotal question is, therefore, to what extend can internal tax planning with mayor European countries be optimized by inclusion of anti-avoidance legislation. This article outlines the objectives and concepts of international tax planning with regard to anti-avoidance legislation and provides an overview of the concepts, laws and rules of anti-avoidance legislation in mayor EC Member Countries. After that the advantages and strategies of international tax planning with regard to anti-avoidance legislation in mayor EC Member Countries are deducted where an overview on anti-avoidance legislation of mayor EC Member Countries is provided - also with regard to new tax legislation - and locations for subsidiaries and for parent companies are reviewed. Finally, the concluding remarks are presented. Transfer pricing will not be reviewed here.
3
Vargas-Brand, Isué Natalia. « Uniform Rules for European Contract Law ? A Critical Assessment ». European Review of Private Law 24, Issue 6 (1 décembre 2016) : 1245–50. http://dx.doi.org/10.54648/erpl2016072.
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The international conference ‘Uniform rules for European Contract Law? A critical assessment’ was organized by the IE University and IE Center for European Studies under the direction of Prof. Francisco de Elizalde on 23 and 24 June 2016. A group of leading academics in this field ‒ coming from different countries and legal cultures ‒ attended a conference in Segovia (Spain), on the occasion of the 30 anniversary of Spain’s incorporation into the European Economic Community (EEC)/European Union (EU), to discuss and analysed the current need for uniform rules in European Contract Law.
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Mardas, Dimitri. « Intra-Industry Trade in Manufactured Products Between the European Economic Community and the Eastern European Countries ». Journal of World Trade 26, Issue 5 (1 octobre 1992) : 5–23. http://dx.doi.org/10.54648/trad1992028.
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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 (30 janvier 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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Morin, Jacques-Yvan. « Droit et souveraineté à l'aube du XXIe siècle ». Canadian Yearbook of international Law/Annuaire canadien de droit international 25 (1988) : 47–114. http://dx.doi.org/10.1017/s0069005800003143.
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SummaryThe author explores the relationship between the concept of sovereignty and international law. First, he examines this theme in its changing historical context, particularly the subordination of law to sovereignty by Hegel and the nineteenth-century positivists, and the various attempts by Kelsen and others in the twentieth century to assert the primacy of international law. He then examines the stress laid upon sovereignty as a means of obtaining a more just international economic order by states of the Third World. The implications of bilateral and multilateral agreements that grant broad powers to financial and economic international institutions are also examined to determine their impact upon the sovereignty of less developed countries. The author also examines the implications of the extensive practice of treaty-making and the adoption of rules and standards within a range of Specialized Agencies of the United Nations. He also traces the gradual development of the European Economic Community from free trade area to European union as envisaged by the Single European Act, under which the sovereignty of member states is steadily giving way. In the final analysis, the author concludes that sovereignty is a relative concept. It is not sovereignty itself which is impeding the development of a true community of states but rather the many economic, social, political, and psychological conflicts which impede the development of common values uniting the whole international community.
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Bordaš, Bernadet. « Legal status of the citizens of third countries in the European Union ». Glasnik Advokatske komore Vojvodine 78, no 9 (2006) : 319–50. http://dx.doi.org/10.5937/gakv0606319b.
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The law of the European Communities regulates legal status of individuals pursuant to the goals establishing EC as a regional international organization and in the scope of activities set for achieving those goals. Therefore personal scope of application of the community law relates primarily to the citizens of the Member States. Their legal status has been determined and regulated since the Roman Treaty establishing European Economic Community through the freedom of movement, freedom of residence and freedom of services, and since the Mastricht Treaty on European Union and European Community through the freedom of movement and residence for the citizens of the European Union. The citizens of third countries are not included in the scope of application of the community law rationale personae except in extraordinary circumstances: (1) the capacity of a family member of the citizen of the Member State makes them derivative participant and their status depends on the status of the original participant who is exercising one of the above mentioned freedoms; (2) international agreements on cooperation, association, accession which are concluded between the EC and certain third countries are the sources of the special legal status for the citizens of those countries. Amsterdam Treaty on EC, as a primary source of the community law, establishes for the first time legal basis for adoption of the measures of secondary law in the field of legal status of the citizens of third countries, and in particular: (1) in respect of conditions to enter and reside, issue of visa and resident permits issued by the Member States for the longer period of time; (2) in respect of rights and terms under which the citizens of third countries, who are legal aliens in the Member States, can reside in other Member States. Although those community measures do not prevent Member States to keep or to introduce national measures in these fields they set minimum basis for broadening the number of citizens of third countries who can acquire the status of the community law participant.
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Close, George. « The Legal, Economic and Administrative Adaptations of Central European Countries to the European Community. European Community Studies AssociationNormes Verlagsgeselbchaft. 1993. 126 pp. ISBN 3-7890-3174-x.DM.28] ». International and Comparative Law Quarterly 43, no 4 (octobre 1994) : 971–72. http://dx.doi.org/10.1093/iclqaj/43.4.971.
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Zielke, Rainer. « Transfer Pricing of Mayor EC Member Countries with Reference to the 2014 Corporate Income Tax Burden of the Thirty-Four OECD Member Countries Germany, France, United Kingdom, and Italy Compared ». EC Tax Review 23, Issue 6 (1 décembre 2014) : 332–51. http://dx.doi.org/10.54648/ecta2014032.
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In the February 2014 issue of the EC Tax Review, the author compared the anti-avoidance legislation in the mayor EC Member Countries Germany, France, United Kingdom and Italy and suggested some international tax planning strategies - without regard to transfer pricing (part 1). The author now considers transfer pricing involving these mayors EC Member Countries Germany, France, United Kingdom, and Italy and suggests further transfer pricing strategies also with regard to the up-to-date CIT rates in OECD countries (part 2). As stated, despite continuous instability in the European Community (EC) its mayor countries Germany, France, the United Kingdom, and Italy exhibit continuously economic growth and stability. According to the International Monetary Fund these European countries have - in this order - the highest gross domestic product in the European Community in 2012. In this article transfer pricing rules of - according to the gross domestic product - the four most important EC Member Countries will be reviewed with reference to the OECD's perspective of Base Erosion and Profit Shifting (BEPS) and to the up-to-date tax differential to the thirty-four OECD Member Countries. The pivotal question is, to what extent can internal tax planning with mayor EC Member Countries be optimized by inclusion of transfer pricing. This article outlines the primary corporate objective and key concepts of international tax planning with regard to transfer pricing and discusses the corporate income tax burden in the thirty-four OECD Member Countries analysing the tax differential as incentive in relation to transfer pricing, the reduction in ETR as the primary corporate objective and key concepts and the he importance of current and reliable information. After that transfer pricing in the mayor EC Member Countries Germany, France, United Kingdom, and Italy is presented and transfer pricing strategies with relation to mayor EC Member Countries are developed. Afterwards this is evaluated from the OECD's perspective of BEPS. Finally the concluding remarks are presented.
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Haase-Kromwijk, Bernadette, Frans du Pré et Bernard Cohen. « Organ Transplantation and European Community Law : The Case of Non-Residents ». Journal of Health Services Research & ; Policy 2, no 3 (juillet 1997) : 168–73. http://dx.doi.org/10.1177/135581969700200308.
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Objectives: The role of the European Union in influencing health care policies in member states is of increasing importance. The Eurotransplant Foundation is an organization which provides donor organs to the most suitable transplant recipients. It covers a region of five countries (Austria, Belgium, Germany, Luxembourg, The Netherlands). As there is a severe shortage of donor organs within its region, registration of so-called non-resident patients on the waiting lists aggravates this shortage. Could European Community law, especially rules on competition, limit Eurotransplant's freedom to introduce a restrictive policy on non-residents? If so, could participating transplant centres or patients initiate legal action against Eurotransplant to stop the execution of such a policy? Methods: Quantitative descriptive data on organ donation and use by the Eurotransplant Foundation during 1994 and 1995, by residents and non-residents. Analysis on basis of economic and legal framework. Results: Solidarity between potential donors and potential recipients is organized in a different manner in an organization such as Eurotransplant as compared to a national organization under national law. National regulations may introduce a restrictive policy for the acceptance of non-resident patients. Eurotransplant — as a matter of its own policy — has to consider international solidarity. The scope of the non-resident issue is dealt with, and it is explained why it is considered to be a problem. On the basis of a discussion of the economic and the legal framework for a non-resident policy, an answer to the question is suggested. Conclusion: It might be possible for Eurotransplant to introduce a restrictive policy on the admission of non-residents without violating the European Community Treaty.
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Mangione, Gariella. « The European Dimension to the Constitution of the Republic of Italy ». Comparative Law Review 28 (13 décembre 2022) : 411–34. http://dx.doi.org/10.12775/clr.2022.014.
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Italy was one of the countries that signed the Treaty of Rome in 1957, which created the European Economic Community. Despite initial resistance and the numerous difficulties encountered during subsequent years, the choice to commit to Europe was widely shared, becoming irreversibly embedded in the national consciousness. However, whilst other legal systems chose at various stages of their European journey to amend their constitutions by incorporating a European clause, this never happened in Italy. Italy did not change its Constitution as a result of joining the European Economic Community, and has not done so subsequently after becoming part of the European Union with the Maastricht Treaty, following the adoption of the Treaty of Lisbon, nor indeed at any subsequent stage in the process of European integration. It was only in 2001, with the reform of Title V of the Constitution involving changes in the allocation of powers between the state, the regions, and the local authorities, that the expression “Community law” was incorporated into the Constitution. Given the absence of a European clause, the relationship between the Italian Constitution and Europe has been shaped by the Constitutional Court. First and foremost, it interpreted Article 11 of the Constitution, which lays down a generic clause intended to enable the exercise of sovereign powers by international organizations, in such a manner as to bring the European project within its scope. The Constitutional Court developed its case law in its subsequent decisions, even though progress was at times hardfought, and in some cases marked by contradictions; Italy’s cohabitation with Europe was undoubtedly welcome, but this did not mean that it was painless.
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Ahmeti, Dr Sc Skender, BSc Feste Gjonbalaj, BSc Ejona Blyta et BSc Laura Lumezi. « Corruption and Economic Development ». ILIRIA International Review 2, no 1 (30 juin 2012) : 91. http://dx.doi.org/10.21113/iir.v2i1.164.
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There is no sustainable economic development without a functioning rule of law. Besides sustainable economic policies like low interest rates, low inflation, low budget deficit, reasonable taxes and economic freedom for business development, the necessary ones for country’s economic growth are functioning of state institutions, support and development of reforms as well as successful fight against corruption.Corruption is a phenomena often encountered and spread in countries that have problems with rule of law as well as with judiciary system. Corruption manifestation is inevitable in circumstances when state institutions are weak. The phenomena is especially problematic in countries that go through transition periods since these countries are often characterized as nonefficient in fighting this phenomena1 . Countries in transition continue to have the image of countries with high level of corruption, which causes serious crisis from local opinion and continuous demand from international community due to the unsuccessful fight against this malevolence.World Bank considers corruption as the biggest obstacle in the fight for poverty eradication, since it undermines the rule of law, weakens state institutions and most of all it affects the poor. Politically, it undermines democracy and good governance, economic equal growth and development, as well as people’s trust in state institutions.Lately, several anti-corruption laws have been adopted in Kosovo, but they have not been implemented in practice and were not sufficient in fight against corruption. Kosovo’s long lasting dream of integrating in European Union, necessarily demands to built and functionalize anti-corruptive measures with priority, as a fundamental precondition for EU pre-accession process
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Zielke, Rainer. « Anti-avoidance Legislation of Mayor German Language Countries with Reference to the 2014 Corporate Income Tax Burden of the Thirty-Four OECD Member Countries : Germany, Switzerland and Austria Compared ». Intertax 42, Issue 8/9 (1 août 2014) : 558–76. http://dx.doi.org/10.54648/taxi2014051.
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The mayor German language countries, Germany, Switzerland, and Austria exhibit continuously economic growth and stability. Germany is the engine of the European Community and it might be interested to organize a group of affiliated companies in a way where all speak German. In this article anti-avoidance legislation will be reviewed with reference to the tax differential to the thirty-four Organisation for Economic Cooperation and Development (OECD) Member Countries. The pivotal question is, therefore, to what extent can internal tax planning with German language countries be optimized by inclusion of anti-avoidance legislation. This article outlines the primary corporate objective and key concepts of international tax planning with regard to anti-avoidance legislation and discusses the corporate income tax burden in the thirty-four OECD Member Countries analysing the tax differential as incentive in relation to transfer pricing, the reduction in ETR as the primary corporate objective and key concepts and the he importance of current and reliable information. After that anti-avoidance legislation in these mayor German language countries is presented and strategies of international tax planning with relation to these countries are developed. Afterwards this is evaluated from the OECD's perspective of Base Erosion and Profit Shifting (BEPS). Finally the concluding remarks are presented.
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Petrushenko, Yuriy, Fedir Zhuravka, Vladyslav Shapoval, Lyudmila Khomutenko et Olena Zhuravka. « Sustainable socio-economic development and Rainbow Europe Index ». Problems and Perspectives in Management 19, no 4 (21 décembre 2021) : 408–21. http://dx.doi.org/10.21511/ppm.19(4).2021.33.
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The issues of recognizing the rights of the LGBTQ+ community around the world and developing appropriate anti-discrimination policies and laws are one of the main topics for discussion in the global agenda. This is due to the commitment of the world community to protect human rights and meet the needs of society. The paper aims to assess the relationship between socio-economic development indicators of some European countries and the Rainbow Europe Index. To find out how discrimination against the LGBTQ+ community affects various social and economic development indicators of some European countries, a data matrix was developed and the Spearman rank correlation coefficient was calculated. The obtained results confirmed a positive relationship between the Rainbow Europe Index and GDP per capita, the Human Development Index, the Corruption Index, and the Index of Happiness. Calculations have shown that the Rainbow Europe Index had a significant impact on these indicators. The study proved the dependence of indicators and demonstrated the need to provide freedoms and rights for LGBTQ+ affiliated members in Ukraine and other European countries. AcknowledgmentThis paper is published as a part of research projects “Convergence of economic and educational transformations in the digital society: modeling the impact on regional and national security” (No. 0121U109553) and “Reforming the lifelong learning system in Ukraine for the prevention of the labor emigration: a coopetition model of institutional partnership” (No. 0120U102001).
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van Marion, Marcel. « Dumping, Competition, and Profit in the EC Electronics Market ». Global Trade and Customs Journal 4, Issue 7/8 (1 juillet 2009) : 239–56. http://dx.doi.org/10.54648/gtcj2009029.
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Economic theory considers dumping as a matter diverging competition levels and market structures. This article investigates the dumping, injury – for which the lesser duty rule is relevant – and profitability in relation to competition. Conclusion is that competition in exporting countries seems less and profits exceed those in the European Community (EC) and are higher than attributed by Community institutions to a non-injurious price in injury margin calculations. Target profit imputations have been analyzed. Introduction is recommended of objective yardsticks for the determination of target profits, which takes into account the capital employed in the business, profit in country of export, and past injury incurred.
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Furmankiewicz et Campbell. « From Single-Use Community Facilities Support to Integrated Sustainable DevelopmentThe Aims of Inter-Municipal Cooperation in Poland, 1990–2018 ». Sustainability 11, no 21 (23 octobre 2019) : 5890. http://dx.doi.org/10.3390/su11215890.
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The paper explores and compares the aims of the three most common legal forms of inter-municipal cooperation in Poland (engaging rural, urban-rural and urban municipalities) during the years 1990–2018: Mono-sectoral Special Purpose Unions, Municipal Associations and cross-sectoral Local Action Groups. Content analysis was applied and development priorities from the statutes and strategies were studied. The main form of territorial association evolved from, initially, mono-functional bodies concerned mainly with local infrastructural investment and managed solely by a group of local authorities, to a devolved type, consisting of multi-purpose associations managed with the participation of economic and third sector representatives. This was the result of the European Union policy of promoting territorial governance and integrated development in functional regions, this being considered as part of the process of Europeanisation. However, these successive forms of municipal cooperation do not appear to have replaced the pre-existing forms, but they have introduced additional modes of governance of local resources. The findings show that the most "integrated" and "sustainable" management of local resources is observed mainly in cross-sectoral partnerships, like Local Action Groups, but not so often in mono-sectoral municipal unions and associations led solely by local government and focused more on hard infrastructure and municipal facilities. However, given the specialisation shown by each of the three types of association, it is likely that the full range of development possibilities in the areas concerned can only be realised if all three forms of cooperation are present. The analysis confirms the positive role of local economic and social sector participation in shaping sustainable development. The findings also indicate the utility of the concept of cross-sectoral territorial partnerships in post-socialist and post-authoritarian countries lacking traditions of grassroots or participative development.
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VAZ, Andréa Arruda, Marco Antônio Lima Berberi et Tais Martins. « A Crise na União Europeia e os Impactos nos Princípios Fundamentais do Trabalho Diante da Flexibilização de Direitos pelos Estados-Membros em Contrariedade aos Preceitos do Direito Comunitário ». REVISTA INTERNACIONAL CONSINTER DE DIREITO 12, no 12 (30 juin 2021) : 343–56. http://dx.doi.org/10.19135/revista.consinter.00012.16.
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The research presents in a practical way the impacts of the crisis of 2008 and following years in Europe and the action of the economic block, to mitigate the crisis through austerity measures, which last to date. The search for a solution to the crisis that has plagued the European Union, the possible conflict with unavailable rights and the imposed need for flexibilization of rights, especially in labour law, deserves debate. The measures put forward by the member countries of the European Union to solve the economic crisis are also partly linked to the idea of the suppression of rights. For example, we mention the reduction of working hours, an increase in the retirement age, among other fundamental precepts inherent to the dignity of the human person, which have been made more flexible during the crisis. This article discuss the legality of these flexibilities in the face of the protection of fundamental human rights and European Community law, from the point of view of international law, of the Convention OIT, ONU, which have been ratified by the various countries of Europe. Over the years, the European Union has been going through a series of crises and consequent precarious labour law, one of the most recent and relevant, the UNITED KINGDOM’s withdrawal from the European Union through so-called Brexit.
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Balidemaj, Albina. « Working with marginalized groups : towards more holistic strategies for social exclusion reduction of the Roma community in Kosovo ». Safer Communities 20, no 2 (26 janvier 2021) : 85–100. http://dx.doi.org/10.1108/sc-06-2020-0021.
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Purpose This paper aims to identify the successful strategies, through literature review, to be used in Kosovo to help integrate the Roma community and to reduce the community’s overall social exclusion. This paper further examines the gaps between strategies and implementation results in reducing the social exclusion of the Roma through experiences of other European countries with similar political and socio-economic history as Kosovo. Design/methodology/approach This paper uses a literature review and further examines the experiences of other European countries, with similar political and socio-economic history as Kosovo and their strategies in eliminating the social exclusion for Roma communities. A holistic socio-ecological approach is used as a recommended model to be used for the development of a strategy to reduce social exclusion among Roma Communities in Kosovo. Findings The social and economic implications are extremely negative for countries with large Roma minorities, such as Western Balkan countries and the European Union (EU) as a whole. Roma inclusion policies both in the EU and Western Balkans contain considerable flaws and tend to ignore the variables of discrimination and antigypsyism. There is an obvious need to act more urgently to prevent the exclusion of Roma and to create strategies for better inclusion. Overall, gaps seem to remain between the strategies and implementation results. Practical implications This paper aims to add to the existing literature about the ongoing efforts of the international development assistance community and communities in the developing world. This paper also aims to show the gaps in ongoing efforts and provide generic recommendations that may be applicable in many diverse situations with the aim of leading communities toward a self-sufficient sustainable future. Originality/value The Kosovo anti-discrimination law protects all individuals from discrimination; however, in practice, studies show that the Roma exclusion is very high in Kosovo. This paper stands among the first to analyze comparative literature and policy reviews.
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Chetverikov, A. O. « From the European Health Community to the European Health Union : The Project of the Supranational Health and Research Organization of the European Countries and its Historical Destiny ». Lex Russica, no 6 (5 juillet 2021) : 138–53. http://dx.doi.org/10.17803/1729-5920.2021.175.6.138-153.
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The paper examines the little-known pages of the legal regulation of international integration in Europe: the project of the creation in the middle of the 20th century of the European Health Community (EHC) and its relationship to the current project for the establishment of the European Health Union. The introduction examines the reasons for the ineffective response of the modern European Union (EU) to the global coronavirus pandemic, mainly due to the lack of European institutions, in contrast to the economy and a number of other spheres of public life, supranational powers in the field of health.The first section analyzes the main provisions of the draft EHC presented by the French Government in 1952 and became the subject of an international "preparatory conference" with the participation of 16 European countries at the end of the same year. The author gives special attention to the legal consolidation in the EHC draft founding treaty of "sanitary activities" (prevention and counteraction of various types of diseases); "cultural provisions" dedicated to the collection of information, the development of scientific research and education in the field of health; provisions on the creation of a common therapeutic and research infrastructure of the EHC; the political and legal nature of the EHC as a supranational organization with restrictions in its favor of the sovereign rights of the participating states.The second section describes and evaluates the domestic, foreign, and economic factors that prevented the creation of the EHC.The final section examines the impact of the EHC on the law-making and law-enforcement activities of the modern EU, and compares the legal model of the EHC with the model of the European Health Union, which was established in the end of 2020. There are also proposals for using the experience of European integration in the field of healthcare for the development of integration processes in a similar field between Russia and other former Soviet republics, including the creation of common medical and research centers under the auspices of the Union State of Russia and Belarus and (or) the Eurasian Economic Union, equipped with mega-science facilities (synchrotrons, etc.), other advanced infrastructure of scientific theoretical and scientific applied nature.
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Quilling, Eike, Birgit Babitsch, Kevin Dadaczynski, Stefanie Kruse, Maja Kuchler, Heike Köckler, Janna Leimann, Ulla Walter et Christina Plantz. « Municipal Health Promotion as Part of Urban Health : A Policy Framework for Action ». Sustainability 12, no 16 (18 août 2020) : 6685. http://dx.doi.org/10.3390/su12166685.
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The link between health, socio-economic status and the living environment is increasingly moving into the focus of public health research and policy. The aim of the European Union’s Project “Joint Action Health Equity Europe (JAHEE)” is to enable countries to identify and implement needs-based measures to promote health equity. In one of JAHEE’s work packages, focusing on healthy living environments as a strategy to tackle health inequities, a Policy Framework for Action (PFA) has been developed. This article gives an insight into the core contents of the PFA, which are valid beyond the project boundaries for all actors that work at the intersection of community health promotion. The PFA was developed as a consensus document in a participatory process between the members of the work package and an interdisciplinary German team of public health experts. Results from project meetings of the partner countries as well as research findings and recommendations from field experts were incorporated. Reducing health inequalities in public health is a cross-sectional issue that needs to be addressed across all policy areas. The municipality setting is of particular importance in this context, as it offers many starting points and can coordinate between all relevant actors with an overarching strategy.
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Switzer, Stephanie. « ENVIRONMENTAL PROTECTION AND THE GENERALIZED SYSTEM OF PREFERENCES : A LEGAL AND APPROPRIATE LINKAGE ? » International and Comparative Law Quarterly 57, no 1 (janvier 2008) : 113–47. http://dx.doi.org/10.1017/s0020589308000055.
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AbstractThis article will question the legality of measures of environmental ‘conditionality’ in the Generalized System of Preferences [GSP] of the European Community [EC].1 The GSP is a GATT/WTO2 authorized scheme which permits developed nations to grant non-reciprocal tariff preferences in favour of developing countries.3 The objectives of the GSP are primarily development-oriented in that it aims to increase the export earnings of developing countries, promote their industrialization and accelerate rates of economic growth.4 A recent case taken in the WTO examined the legal contours of the grant of tariff preferences and it is in the light of this that this article will examine the so-called ‘special incentive arrangements’ of the reformed EC GSP which offers additional tariff preferences to developing countries on the ‘condition’ that they adhere to specified standards of environmental protection.
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Hovius, Christopher, et Jean-René Oettli. « Measuring the Challenge : The Most Favoured Treatment Clause in the Economic Partnership Agreements between the European Community and African, Caribbean and Pacific Countries ». Journal of World Trade 45, Issue 3 (1 juin 2011) : 553–76. http://dx.doi.org/10.54648/trad2011019.
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In recent years, the European Community (EC) has concluded several trade agreements with several African, Caribbean, and Pacific (ACP) countries. These agreements, designed as a means to help eradicate poverty through trade and development, are known as Economic Partnership Agreements (EPAs) and provide ACP countries with preferential and differential trade benefits. Each agreement contains most favoured nation (MFN) clauses, providing that the EC must be accorded any more favourable treatment that an ACP country grants to certain third states not party to the EPA falling within the agreement's definition of a 'major trading economy'. These third states, or 'major trading economies', include less developed emerging economic powers. This paper examines potential challenges to the EPAs' MFN clauses, providing an in-depth factual analysis of the MFN clauses and a determination of possible ways for disputes to arise mainly under World Trade Organization (WTO) law and, to a lesser extent, within the EPA dispute resolutions provisions. The major case study is the MFN clause contained in the EC-Caribbean Forum (CARIFORUM) agreement, but the similarities in MFN provisions make the arguments generally applicable across the spectrum of EPAs concluded between the EC and ACP countries.
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Herbert, Eti Best, et Fasilat Abimbola Olalere. « What Is Economic Globalization Without Trans-boundary Migration ? » Global Trade and Customs Journal 15, Issue 10 (1 septembre 2020) : 493–503. http://dx.doi.org/10.54648/gtcj2020088.
Texte intégralRésumé :
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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Gibb, R. A., et W. Z. Michalak. « Foreign Debt in the New East-Central Europe : A Threat to European Integration ? » Environment and Planning C : Government and Policy 11, no 1 (mars 1993) : 69–85. http://dx.doi.org/10.1068/c110069.
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East-Central Europe (Hungary, Poland, and Czechoslovakia—ECE) is one of the least known parts of the world in English-language geography. In spite of its proximity to Western Europe and the European Community (EC) it has received a very modest amount of attention from English-speaking geographers compared with that from German-speaking and French-speaking colleagues. Studies of political and economic geography of the ECE are also hampered by the lack of appropriate methodology and theory. Some of the most important issues involved lie in the economic sphere of transition from a centrally planned economy to a market economy. In the current paper, an attempt is made to survey and evaluate the size and character of existing debt stocks owed to the West by ECE and then to assess their likely impact on the political and economic geography of Europe and the EC. It is concluded that the international financial community is making it politically difficult for the countries in the region to persist with their structural reforms and stabilization policies. The future political and economic geography of ECE and EC depends, to a large extent, on the ability of the Western financial system to respond to the long-term needs of the region.
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Давлетгильдеев, Рустам, Rustam Davletgildeev, Ольга Сычева et Olga Sycheva. « International and Legal Cooperation Development on Labour Migration Issues : from EurAsEC to Eurasian Economic Union ». Journal of Russian Law 3, no 6 (5 juin 2015) : 0. http://dx.doi.org/10.12737/11444.
Texte intégralRésumé :
This article is devoted to the analysis of international and legal cooperation in the area of labor migration in the Eurasian Economic Community and the Eurasian Economic Union. The authors study background for the creation and history of the Common Economic Space and the Customs Union, one of the main purposes of which is the creation and operation of a common labour market. The authors perform the analysis taking into account similarities and differences of legal regulation of the issue under consideration in the European Union, and make comparison. The authors point out to the continuity problems of labour migration legal regulation within the framework of the Eurasian Economic Union, including harmonization of legislation on labour migration of the Union’s member countries. The authors study the institutional system of the Eurasian Economic Community (Eurasian Economic Union) and powers of institutions in the field of labour migration, indicate the presence of special migration authorities in the EurAsEC and in the Eurasian Economic Union. Provisions of the Treaty on the Eurasian Economic Union devoted to labour migration are analyzed. The authors note the probability that the law harmonization function will be implemented in the Eurasian Economic Union not through model laws but through international treaties and decisions of the Union’s institutions. The authors assume that the Eurasian Economic Union will work out the desired integration model, based not only on political and economic interests, but which will take into account civilizational peculiarities of the Eurasian region.
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Ott, Andrea. « The EU-Turkey Association and Other EU Parallel Legal Orders in the European Legal Space ». Legal Issues of Economic Integration 42, Issue 1 (1 février 2015) : 5–29. http://dx.doi.org/10.54648/leie2015002.
Texte intégralRésumé :
This contribution will be devoted to the parallel legal orders which are established in the EU legal space. These legal orders align third countries through international agreements with the EU legal order. The Turkish association is one of them but also the European Economic Area (EEA), the Swiss bilaterals on persons, the Energy Community Treaty, the European Common Aviation Area Agreement and the Ukrainian Association can be counted as being among these special agreements. These agreements are not only characterized with the special aim of approximation to parts of the EU acquis but are also equipped with directly effective norms and homogeneity clauses. These homogeneity clauses are intended by the contracting parties to enable an identical interpretation of these international agreements norms with EU treaty norms. Relevant rulings on EU law will be also taken into account in the interpretation of identically or similarly phrased provisions. By comparing the different homogeneity clauses found in these agreements and putting them into the context of the relevant case law, it shall be concluded whether the judges follow the aims of these provisions.
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Prieshkina, O. V., et O. R. Avdieiev. « POLITICAL AND LEGAL DOCTRINE OF STATE SOVEREIGNTY IN THE CONDITIONS OF GLOBALIZATION ». Соціальний Калейдоскоп 1, no 4 (20 août 2020) : 77–87. http://dx.doi.org/10.47567/bomivit.1-4.2020.07.
Texte intégralRésumé :
The article substantiates and analyzes the factors that influence the process of political and legal doctrine of state sovereignty in the context of globalization. As a result of a comprehensive study, it was determined that the realization of state sovereignty depends not only on the action of general historical and international political factors, but also on the ability of Ukrainian society to overcome economic difficulties, on the active participation of each member of the territorial community. In the context of globalization, the concept of sovereignty, its content and implementation becomes specific. Despite its sovereign nature, state power is still not absolute and is subject to certain restrictions, both internally and externally, but such restrictions cannot be confused with a violation of sovereignty, which is unacceptable. It is determined that in the context of globalization, sovereignty is narrowing: the world community exerts influence, sometimes severe, on countries violating international law, international rules and agreements, and their strong global economic supranational forces also influence the transformation of state sovereignty. Sometimes there is a tendency to voluntarily delegate powers to world, regional and international organizations and associations, ie the internal affairs of the state, in which no one interferes and which are governed only by national law and customs are narrowed by voluntary renunciation of sovereign rights, and international law or the right of a certain community is extended. It was found that the very nature of state sovereignty, the genesis of formation, modification and development of its concept are due to globalization and integration processes in the world, and above all, within the European Union.
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Härkönen, Elif. « Conflict Minerals in the Corporate Supply Chain : Is Transparency the Solution to Human Rights Violations in the Tantalum, Tin, Tungsten and Gold Supply Chains ? » European Business Law Review 29, Issue 5 (1 septembre 2018) : 691–727. http://dx.doi.org/10.54648/eulr2018027.
Texte intégralRésumé :
The European Union has recently enacted the Conflict Minerals Regulation, introducing new transparency requirements for importers of tantalum, tin, tungsten and gold from conflict-affected regions. Similar legislation has previously been enacted in the United States. The purpose of the new transparency requirements in both jurisdictions is to cut off funding for armed groups in conflict areas and thus reduce the suffering of the civil population, with particular reference to the situation in the Democratic Republic of the Congo. The criticism of the legislation centers on the costs to companies in the minerals supply chain. In this article it is argued that the costs to companies subject to the transparency requirements can be minimized with carefully crafted legislation. It is also concluded that progress in achieving the humanitarian objectives of the legislation is slower than expected, mainly due to the lack of participation in the transparency efforts by all actors in the supply chain. Successful transparency regulation has to be supported by a multitude of actors in the international community. Also, mineral supply chain transparency regulation in itself is unlikely to solve armed conflicts in resource-rich but poor countries. Such legislation only provides for one component in a multi-level approach including legislative, economic and political efforts by the international community.
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Lima Sakr, Rafael. « FROM COLONIALISM TO REGIONALISM : THE YAOUNDÉ CONVENTIONS (1963–1974) ». International and Comparative Law Quarterly 70, no 2 (18 février 2021) : 449–89. http://dx.doi.org/10.1017/s0020589321000014.
Texte intégralRésumé :
AbstractHow was ‘international trade’ between former European empires and their former colonies in Africa governed after decolonisation? In the 1960s, the vast majority of African countries became independent, and so a new arrangement was necessary to govern their economic relations with Europe. The Yaoundé Conventions were then concluded between the European Community (EC) and the bloc of postcolonial African countries. Specialised literature provides comprehensive accounts of the Yaoundé Conventions. However, little is known about the role of law and lawyers in their making and governance. Part of this story concerns political and intellectual struggles in the legal profession about which projects, ideas, and norms would be applicable. Another part concerns the work of lawyers to organise those policies, theories and visions into an emerging conception and to employ it to influence the production and management of the Yaoundé Conventions. This article combines historical and socio-legal approaches to show that a distinct legal conception of regional trade agreements—called here the ‘development framework’—was pivotal to the design and application of the Yaoundé Conventions. This conception was primarily advanced and persuasively used by European and African lawyers. This contrasts with the conventional view that trade agreements are variations on a single legal concept. It is concluded that EC–Africa regionalism was a singular experiment, due significantly to the unique features of this legal conception.
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Bakalinska, Olga. « ADVOCACY OF COMPETITION IN THE WORLD AND UKRAINE : COMPARATIVE CHARACTERISTICS ». Access to Justice in Eastern Europe 5, no 4 (18 octobre 2022) : 1–14. http://dx.doi.org/10.33327/ajee-18-5.4-n000428.
Texte intégralRésumé :
Background: The advocacy of competition is a modern civilisational mechanism of cooperation, which balances private and public interests in economic activity and realises the functions of state management and control of economic activity, ensuring reasonable distribution of public goods. Competition is a fundamental driving force that determines the course of economic processes and contributes to the growth of economic prosperity and innovation in society. Its provision, protection, and development are among the main priorities of state economic policy in general and competition policy in particular. The purpose of this article is a comparative legal analysis of the advocacy of competition in different countries. This study will also identify the peculiarities of the use of advocacy tools in these places. Methods: In studying the proposed problem, the following methods were used: general philosophical and general scientific (dialectical, systemic, formal-logical, etc.); universal (induction, deduction); special-scientific (formal-legal, comparative law); interpretation of the rules, etc. One of the main methods used is the comparative method for researching the common and distinctive features of the advocacy of competition in the EU, USA, Mexico, the Republic of South Africa, and Ukraine. Results and Conclusions: The results show that countries with advanced economies have approached advocacy of competition gradually after more than a century of anti-monopoly competition legislation. In post-transformational economies, we see the formation of competitive policy principles activated after independence and the transition to market-based business practices. The globalisation of international trade relations leads to the need to implement complex competition advocacy programs and unify norms at the level of individual states and unions. Advocacy of competition remains important as a tool of self-regulation of economic activity. The European vector of Ukraine’s development caused the emergence of new mechanisms of interaction between the state, the individual, and society. Having chosen to strive for European integration, Ukraine began to build a new model of cooperation between all market participants, the introduction of which was based on the provisions of the Association Agreement between Ukraine, on the one hand, and the EU, the European Atomic Energy Community and their member states, on the other hand, using implementation mechanisms of both individual norms and entire institutions of public-private partnership. The implementation of competition advocacy mechanisms in Ukraine is applied using the mechanisms of the analogy of individual norms and tools of competition policy. The formation of new good competitive practices is connected with russia’s war.
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Klovach, E. V., G. M. Seleznev et A. Yu Sulimov. « Relationship between the Classification of Chemical Products and Criteria for Qualifying Objects as Hazardous Production Facilities ». Occupational Safety in Industry, no 10 (octobre 2022) : 27–32. http://dx.doi.org/10.24000/0409-2961-2022-10-27-32.
Texte intégralRésumé :
In 2002 the international community adopted a new system of hazard classification and labeling of chemical products, which is recommended to be implemented by all the Member- countries of the United Nations through national legislation and international acts. Within the frame of the implementation of this decision, in 2015 the amendments were made to the Directive of the European Community of June 24, 1982, № 82/501/EEC on the prevention of major industrial accidents, and to the United Nations Convention onthe prevention of major industrial accidents, and a little later to the national legislation of the European countries establishing measures on preventing major accidents. In 2017, the countries of the Eurasian Economic Union adopted the technical regulation on the safety of chemical products, which establishes classification criteria that are completely identical to the criteria for the system of hazard classification and labeling of chemical products. Entry into force of the technical regulation of the Eurasian Economic Union will lead to the need for amending all theregulatory legal acts and regulations that contain regulations based on the classification of chemical products, including in the Federal Law № 116-FZ of July 21, 1997, On industrial safety of hazardous production facilities. The task of harmonizing the legislation on industrial safety with the international documents in terms of the classification of chemicals was planned to be solved when developing a new law on industrial safety. During the discussion, the developers encountered different approaches to the definition of classes of hazardous substances, the analysis of which became the subject of this article. The authors formulated proposals that can be used at the next round of harmonization of the Russian legislation on industrial safety with the international documents. When preparing proposals with classes and lists of hazardous chemicals for use in the industrial safety legislation, a comparison was made not only of the definitions of classes of chemicals in different documents, but also of their quantities, which are the criteria for qualifying objects as hazardous production facilities. It is noted that the term «flammable liquids», used in 116-FZ, practically does not occur in the international classifications, therefore, when developing new documents, it was proposed not to use it.
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Ihsan, Mohammed, et Zana Rasheed Aziz. « The ramification of the Corona pandemic on national security and its effects on countries around the world in the light of the rules of international law ». Twejer 4, no 1 (mai 2021) : 969–1008. http://dx.doi.org/10.31918/twejer.2141.22.
Texte intégralRésumé :
This research aims to discuss the national security measures under international law and the threats to peace and security, now-days which include not only wars and conflicts at the international level but also terrorism, environmental breakdown and infectious diseases, etc. Infectious diseases are non-traditional threats to national security while at the same time they are threatening international peace and security. With the emergence and rapid spread of the (Covid-19), it has become noticeable threat to the international community and has political, economic, and health impacts. Therefore, this research focuses on the effects of the Corona-virus and the role of international and regional organizations in confronting it. It also indicates incompatibility of international co-ordination, especially the major countries in facing this epidemic. Consequently, this led to the failure of the political blocs that formed in the second half of the twentieth century and split some of them, as the European and African Union, the Arab League and other formations in other areas of the world. Key words: coronavirus (COVID-19), National Security, International and Peace Security.
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Zavhorodnia, V. M. « The origin and development of the European Union sports policy and law. » SUMY HISTORICAL AND ARCHIVAL JOURNAL, no 39 (2022) : 50–58. http://dx.doi.org/10.21272/shaj.2022.i39.p.50.
Texte intégralRésumé :
The presented work is devoted to highlighting the processes of evolution of the EU sports law and policy, identifying facts and events that have contributed to the development of communitarian regulation in this area and establishing trends and directions significant for Ukraine in the European integration aspect. Integration processes, first purely economic and then increasingly multidirectional, could not but affect this vital sphere of social life on the European continent and internationally. Sport is an essential element of the self-realization of a human personality and a sphere of economic activity. It is also a form of international communication, cross-cultural communication, the assertion of authority, and a positive image of countries. Also, sports can be an instrument of political and diplomatic influence or even a means of responding to violations of international law and order. The evolution of EU sports policy and law has been a difficult and long way in the general context of European integration processes. Initially, the sport was not covered by Community law and the spheres of competence of the Communities. However, since the 60s of the last century, the foundations of the European sports model began to form. Implementing the Council of Europe’s standards in the Member States’ practice was essential in forming this model. The European sports model implies, on the one hand, the unity of values and sports traditions of Europe. On the other hand, it is based on considering the national characteristics of European countries, pluralism, and diversity of the organization of sports relations and activities of non-governmental sports organizations. To the main features of the European sports model, which have developed historically and are preserved to this day, the author refers voluntary participation in sports competitions, non-discrimination, democracy, solidarity, compliance with the rules of “fair play,” good governance, and prevention of corruption and abuse. The article characterizes the role of the Court of Justice of the European Union (CJEU) in the creation of the EU acquis in the field of sport. CJEU developed the legal criteria system for extending communitarian rules and principles to the economic aspects of sports activities, including regulating relations with non-state actors such as national Olympic committees, sports federations, etc. Relevant CJEU decisions are analyzed in the study, approaches to the application of EU competition rules in sports, as well as to labor relations, freedom of movement of workers, and the provision of services, are revealed. Further integration and reform of the EU under the provisions of the Lisbon Treaty led to the emergence of a sector of the EU policy in the field of sports and several regulations and organizational measures aimed at realization of this policy. Implementation of the relevant standards in the national legislation, introduction of the best practices of governance in the field of sports in the state policy and activities of non-governmental sports organizations are important components of the implementation of Ukraine’s European integration aspirations, fulfillment of obligations under the Association Agreement and prospectively – the criteria for the EU membership.
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Constantin, Daniela-Luminita, Constantin Mitrut, Raluca Mariana Grosu, Marius Profiroiu et Alina Elena Iosif. « Municipal real properties and the challenges of new public management : a spotlight on Romania ». International Review of Administrative Sciences 84, no 1 (26 avril 2016) : 122–43. http://dx.doi.org/10.1177/0020852315596212.
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In the transition and developing countries the use of surplus real property might be a good response to the acute need for local sources of revenues provided the requirements of the new public management regarding efficiency, effectiveness and quality of public services are carefully observed. The research has focused on the case of Romanian cities' real properties, aiming to reveal the problems of the existing municipal real property (MRP) management system in relation to both overall city conditions and the characteristics of the institutional and organizational framework. A questionnaire-based survey followed by nonparametric statistical tests have been employed in this respect, confirming the working hypothesis which points to the importance of the existence of an MRP plan, an MRP strategy and an MRP unit at municipality level for the effective use of these assets. A series of viable solutions to the problems identified have been also formulated. Points for practitioners The article emphasizes the decisive role of the strategic approach and corresponding instruments for effective MRP management, putting forward valuable recommendations for making MRP an important source of revenue for municipal governments. They are derived from the findings obtained within the EU-funded project entitled ‘Municipal Property Management in South-East European Cities’ (PROMISE) by the Bucharest University of Economic Studies team, one of the 13 partners involved. Its contribution has been nominated by the International Project Management Association among the five finalists of the Achievement Award global competition, category Community Service/Development Project 2013.
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KUZMINA, Violetta M., et Arina V. SVETIKOVA. « THE REACTION OF THE WORLD COMMUNITY AND THE ECONOMIES OF GREAT BRITAIN AND THE EU TO BREXIT ». Historical and social-educational ideas 11, no 2 (16 mai 2019) : 147–57. http://dx.doi.org/10.17748/2075-9908-2019-11-2-147-157.
Texte intégralRésumé :
Introduction. Today Brexit is one of the most pressing issues of world politics, due to the acquisition of global proportions. Of course, this process is a phenomenon at the regional level, but the very fact of the voting and the efforts being made to exit the UK economy from the EU created many questions around themselves, thereby giving rise to the idea in the minds of the population of other countries that the EU cannot cope with the main functions there is the possibility of holding a referendum and a decision to leave the union. The UK and the European Union have never been partners for each other from a historical perspective. Multiple prerequisites, which originated in the last century almost immediately after the signing of the decision on the accession of the Kingdom to the EU, tended to develop and grow. Disputes among members of parliament have always existed, but were not as pronounced as today. In this sense, the country's policy was divided into 2 camps: those who spoke and advocate for the measures of “tough” Brexit, and those who believed and believe that the exit process should be smooth and measured in order not to spoil relations with the EU point of no return.Methods. As the materials of the study were taken data presented in monographic studies and journalistic articles of domestic, but mostly foreign experts in the field of international law, the General modern history, the history of the UK, macroeconomics. The article is written on the basis of sociological research conducted by Western European agencies and Brexit research centers using the analytical type of research and its forms: sociological and expert surveys. The analysis of statistical economic information regarding the real GDP of the EU countries is presented using a comparative historical research method.Results and conclusions. Economic consequences for the European Union from Brexit will become noticeable after some time has passed since the date of the official UK secession from the European Union. Also a minus will be the reduction of anti-crisis programs that the European Union is trying to implement. Attention is deserved by the attitude of other European countries to the membership in the European Union. In this case, more and more we are talking about opposition movements, parties that develop the theme of Euroscepticism. This is especially true in drawing a parallel with the critical eurodirection, which has been traced in EU policy lately.
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Raiu, Sergiu-Lucian. « Social realities and public policies in Romania. Romanian Academy Publishing House, Bucharest, 2021. Cristina Otovescu ». Sociologie Romaneasca 20, no 1 (30 juin 2022) : 151–60. http://dx.doi.org/10.33788//sr.20.1.8.
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This volume provides relevant and systematic information on the evolution of Romanian society from the establishment of the Romanian state as a nation to the present day from a political, economic and social perspective, highlighting through statistics the situation of the country compared to other states. The paper summarizes key aspects of the structure and dynamics of the Romanian population, provides a diagnosis of public health and the medical system in Romania compared to other European Union countries. Professor Dr. Maria Cristina Otovescu from the University of Craiova, Faculty of Law, looks at the manifestation of the pandemic in various countries around the world in terms of public policies in emergencies and crises and presents in a concise manner the response of the authorities and the mobilization of the international community during the SARS-CoV-2 pandemic.
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Tömmel, I. « Regional Policy in the European Community : Its Impact on Regional Policies and Public Administration in the Mediterranean Member States ». Environment and Planning C : Government and Policy 5, no 3 (septembre 1987) : 369–81. http://dx.doi.org/10.1068/c050369.
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When the European Community (EC) created the European Fund for Regional Development (EFRD) in 1975, regional policy was established at an international level for the first time ever. Because of the chosen instruments and the ‘additive’ mechanism of implementation—via the administrative bodies of the member states—this policy seemed at first to mean little more than a reinforcement of regional policies at a national level. Since then, the EC has considerably intensified its regional policy and diversified its instruments. However, the recent reforms of the Community's regional policy serve not only to achieve (certain) development effects with respect to the economic structure of less-developed areas, but also as a means of reorganizing governmental (planning) bodies and regional development policies in the member states, that is, as a means of inducing modernization and differentiation of state intervention in the countries concerned. Thus, the EC intervenes’ in the affairs of the member states: Not in the shape of more or less authoritarian intervention by a superior body—EC powers do not permit this—but via the indirect effect of market mechanism. Subsidies are the economic incentive to collaborate.
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Yakoviyk, Ivan, Kateryna Yefremova et Evgen Novikov. « Economic security and the role of collective West in the post-war recon struction of Ukraine ». Law and innovations, no 2 (38) (24 juin 2022) : 19–26. http://dx.doi.org/10.37772/2518-1718-2022-2(38)-2.
Texte intégralRésumé :
Problem setting. Although the outcome of the Russian-Ukrainian war is uncertain, it is necessary to start thinking about the future reconstruction of Ukraine. The paper examines issues related with the complex of problems connected with the post-war reconstruction of Ukraine and the participation of the collective West, which means a set of countries (USA, EU member states, Canada, Scandinavian countries) participating in Euro-Atlantic integration. In this article, we use previous experience of post-war reconstruction of Western Europe (for example, the Marshall Plan after World War II). We set out the key principles of international cooperation in the renovation of the Ukrainian economics and the state as a whole, as well as the role of individual subjects of international law in this process. The paper is intended to involve foreign and domestic lawyers in a discussion on a wider range of issues, which will include further and more detailed analysis of the best ways to rebuild Ukraine after the war. Analysis of resent researches and publications. The idea of developing a European plan for the reconstruction of Ukraine (“Marshall Plan for Ukraine”) began to be discussed after the Revolution of Dignity. However, it has not been the subject of serious research. The situation changed after Russia declared war on Ukraine. As Ukraine has a chance to win the war, the leaders of the United States, the European Union and Ukraine are discussing the possible content of a “New European Plan for Ukraine.” However, today, both in Ukraine and abroad, this issue is dominated by journalistic publications, which determines the relevance and practical significance of the development of the problem. Target of research is to reveal the content, main directions of participation of international financial institutions and individual states in the reconstruction of Ukraine after the war. Article’s main body. The article considers the problem of determining the content of the “New European Plan for Ukraine” in relation to the postwar period. The uniqueness of the plan to restore the Ukrainian economy is emphasized. The steps of international financial institutions and individual countries regarding the revival of Ukraine during and after the war are analyzed. Conclusions and prospects for the development. The conclusion that grants should make up a large share of foreign aid flows in the post-war reconstruction of Ukraine is substantiated. An important step in Ukraine’s post-war reconstruction should be the write-off of foreign debt, or at least part of it, by foreign financial institutions, primarily the IMF and the World Bank, as an important and necessary sign of genuine solidarity of the international community. Emphasis is placed on the special role of the United States and the European Union in the postwar reconstruction of Ukraine, in particular on the issue of writing off Ukraine’s foreign debt.
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Gotsova, Boryana. « The Gordian Knot of European Union Competence : Commercial Aspects of Intellectual Property After the Judgment in Case C-414/11Daiichi Sankyo ». German Law Journal 15, no 3 (1 mai 2014) : 511–28. http://dx.doi.org/10.1017/s2071832200019027.
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The division of external competences between the European Union and the Member States is a long-standing object of contention for constitutional and practical reasons. The competence to negotiate and conclude international agreements in a given area has as many highly political implications as concrete policy-making ones. This tension is well illustrated by the field of the commercial aspects of intellectual property. Community, and later Union, competence over this area was established only gradually. After multiple Treaty revisions and legal disputes over competence, the Treaty of Lisbon now lists the field as one of the main elements of the Union's Common Commercial Policy (CCP). The CCP itself is one of the founding policies, dating back to the European Economic Community. It structures the Union's trade relations with third countries, encompassing bilateral and multilateral trade and tariff agreements, as well as unilateral trade defense measures such as anti-dumping and anti-subsidy instruments. Today, the Treaty of Lisbon expressly provides for exclusive Union competence over the CCP, codifying the case law of the Court of Justice.
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Mitin, A. N., et P. Uv Kuznetsov. « International Anti-Corruption Practices ». Journal of Law and Administration 15, no 2 (10 octobre 2019) : 60–71. http://dx.doi.org/10.24833/2073-8420-2019-2-51-60-71.
Texte intégralRésumé :
Introduction. The article is devoted to the study of problems of corruption in foreign countries. Corruption is seen as the inefficiency of public administration associated with a violation in relations between the principal and the agent: the first receives services, the second provides them.It is noted that corruption is the abuse of state and municipal authorities for private gain. A sharp rise in corruption was noted by researchers in the XIX century. At the same time, the first attempts to counter it at the legislative level appeared. At the end of the 20th century (December 17, 1979), the UN General Assembly adopted the Code of Conduct for Law Enforcement Officials. The legal basis for the definition of corruption was the adoption in 2003 of the UN Convention against Corruption, and three years earlier the Convention against Transnational Organized Crime. For the first time, the thesis was voiced that the fight against corruption is the responsibility of states, and for its effectiveness a comprehensive interdisciplinary approach is needed. In this regard, researchers decided to note the multiplicity of causes of corruption, highlighting the legal, economic, institutional and sociocultural factors, as well as dividing corruption into white, gray and black. According to the geographical classification and the statement that there are no non-corruption countries, they build several models of corruption: Asian, African, Latin American, European.Researchers agree that the level of corruption in all countries depends on the institutional environment and social conditions; it remains an important political phenomenon.Materials and methods. The methodological basis of the study was a set of general scientific methods, special methods of cognition of international practice, phenomena and processes (analytical examination, synthesis, system-oriented and functional-analytical approaches, interpretation and characteristics of legal norms, comparative legal analysis).Results. In the course of the analytical study, the resources involved in the orbit of corruption, the terms and definitions of this dangerous phenomenon, the legal basis of such definitions proposed by the international community were characterized. International documents of a recommendatory nature relating to the fight against corruption, state anticorruption programs of individual countries, formed some recommendations of an anti-corruption nature were considered.Discussions and conclusions. The application of an integrated interdisciplinary approach to the formation and implementation of systemic activities in which the democratization of public life and the transparency of the activities of all authorities are obvious and necessary is substantiated.
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Suparman, Eman. « KERJASAMA BIDANG PERADILAN ANTAR NEGARA DALAM RANGKA UPAYA PENYERAGAMAN PRANATA HUKUM ANTAR BANGSA ». Jurnal Hukum dan Peradilan 1, no 2 (31 juillet 2012) : 171. http://dx.doi.org/10.25216/jhp.1.2.2012.171-188.
Texte intégralRésumé :
Applicability of the rules of the positive law of a country is limited by territorial boundaries that country. While the legal relationship that lasted between members of the community of nations always occurs and exceeds the limits of the territorial sovereignty of the state law. Therefore, the national law of the countries should continue to be pursued in order to be able to answer a variety of transnational issues that exist. The effort is certainly not intended to be uniform throughout the internal legal system of sovereign states, but merely an attempt to harmonize the rules of international private law. While problem solving for issues specific civil law will be made by the judicial bodies of each country. In order to accommodate this reality, is a conditio sine qua non for Indonesia to consider measures to make international agreements in order to enrich the rules of civil procedure law court. The problem, at least to face the coming force of AFTA in the ASEAN region should be harmonization between the legal systems of the individual ASEAN member countries. If not, the difficulty for the difficulties to be faced every country, when the demands of the right form of execution verdict handed down in a country can not be implemented in other sovereign nations. The situation is certainly less beneficial terms of economic cooperation. Therefore, the establishment of a model law for a convention in the form of the ever pursued by countries in the European region, reasonably considered to be a model in drafting the ASEAN convention. At least these efforts will support the objective of allied countries to achieve harmonization of laws between countries in the ASEAN region. Keywords: cooperation in judicial, legal institutions, harmonization
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Dell'Olio, Fiorella. « The Redefinition of the Concept of Nationality in the UK : Between Historical Responsibility and Normative Challenges ». Politics 22, no 1 (février 2002) : 9–16. http://dx.doi.org/10.1111/1467-9256.00153.
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This article analyses the extent to which UK membership in the European Economic Community (EEC) has influenced the redefinition of the concept of nationality in the United Kingdom and the retreat from historical responsibility with respect to citizens of Commonwealth countries. After first describing the rights that have most defined nationality in the United Kingdom prior to its membership to the EEC, it is argued that the EEC has only indirectly influenced the redefinition of UK nationality in three main respects: (a) from the early 1970s, the issue of nationality has been a frequent subject of discussion in parliament; (b) at the same time, there was the need to define nationality for EEC law purposes; and (c) the establishment of European citizenship reinforced nationality not only because nationality represented a means by which to benefit from additional rights, but also because it became a foundation for the construction of subsequent immigration policy. The article suggests that the indirect effect of the EEC on the redefinition of nationality has also provided a legitimate means by which to reconsider the idea of citizenship first in terms of exclusion and inclusion and secondly in terms of detachment from historical responsibility.
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Bandžović, Sead. « The phenomenon of fragile states : Bosnia and Herzegovina ». Historijski pogledi 4, no 6 (15 novembre 2021) : 338–55. http://dx.doi.org/10.52259/historijskipogledi.2021.4.6.338.
Texte intégralRésumé :
The three key conditions for the existence of a state, according to the theory of state and law, are geographical territory, population and organized political power in that area. However, during the twentieth century in some African and Asian countries, due to various political, economic and other factors, problems began to appear in performance of their basic functions: ensuring public order and peace, providing health services, education. Modern science has introduced the term failed states to describe such countries. This scientific phenomenon has been the subject of numerous researches, and international organizations have been publishing annual indices of fragile, failed or unsuccessful world states for years. The first index of its kind was created in 2005 by the American non-profit organization The Fund for Peace in cooperation with the magazine Foreign Policy, which initially included 76 countries. The original term failed state was considered politically extremely incorrect, even when it referred to countries like South Sudan or Somalia, noting that such a term originated in the political terminology of developed countries by which all other countries at a lower level of development were considered to be failed ones. Therefore, in 2014, a new notion of a fragile state was created, and accordingly the existing index was renamed the Fragile State Index (FSI). This parameter determines the degree of fragility for each country on an annual basis, assessing four basic indicators: cohesion (functionality of the state apparatus), economic (overall economic situation), political (legitimacy of the state, availability of public services, respect for human rights and freedoms) and social (demographic structure of the community, number of displaced persons and refugees, external interventions). Based on the values of these indicators, countries are positioned in four groups: sustainable, stable, endangered and alarming. The paper also discusses Bosnia and Herzegovina as a potentially fragile state. Although it enjoys sovereignty and political independence, the 1995 Dayton Peace Agreement still provides for the strong participation of the international community in the performance of its basic state functions. Examples include the presence of international military and police forces from the early post-war years to the present (EUFOR), with a special emphasis on the position of High Representative for Bosnia and Herzegovina. The peace agreement gave him the status of his supreme interpreter, as well as the well-known Bonn powers that he used on several occasions to remove Bosnian political officials and the imposition of laws (Criminal Code of Bosnia and Herzegovina, Law on the Court of Bosnia and Herzegovina, Law on the Prosecutor's Office of Bosnia and Herzegovina) due to the inability of domestic parliamentary bodies to pass them independently. In addition to the extremely complicated constitutional structure, the functioning of Bosnia and Herzegovina is hampered by the inability to reach an agreement between political representatives on key issues in the country. In the first place, these are much-needed changes to the constitution of Bosnia and Herzegovina that would in the future allow members of minorities (Jews and Roma) to elect their own representatives in the Presidency of Bosnia and Herzegovina. In this regard, the European Court of Human Rights (ECtHR) in 2009 in the case of Sejdić-Finci assessed that the impossibility of minority participation in political decision-making is a gross violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Numerous international organizations, primarily Human Rights Watch, have been warning for years about other problems in the country: national segregation of children under two schools under one roof, numerous attacks on Bosniak returnees in Republic of Srpska without adequate sanctions and extreme slowness in war crimes proceedings and the administration of transitional justice with the emergence of increasingly frequent denials of war crimes and victims. Although more than 25 years have passed since the end of the war, the participation of the international factor is still noticeable, and in some cases necessary.
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Spasov, Svetlozar. « INDEPENDENCE OF DOCTORS IN PROVIDING MEDICAL ASSISTANCE TO PERSONS DEPRIVED FROM LIBERTY ». Knowledge International Journal 34, no 5 (4 octobre 2019) : 1573–79. http://dx.doi.org/10.35120/kij34051573s.
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Building an effective healthcare system and providing quality patient care is a main priority for the international community and European countries. Achieving this priority requires active behavior on the part of all actors in the health care system - state and municipal authorities, health care providers, medical professionals, and taking adequate and appropriate measures. Part of these measures should be aimed at improving access to medical care for all citizens, overcoming health inequalities between social groups, and ensuring an appropriate environment in which doctors can effectively exercise their professional rights. In this sense, guaranteeing the right to independence of doctors and their right to personal freedom in providing medical assistance and medical care to patients is an extremely important obligation for any rule of law and democracy governed countries. This situation is conditioned by the fact that the full realization of the professional rights of doctors is one of the basic prerequisites for the delivery of quality medical care and for the protection of patients' health rights. The exceptional importance of the right to the independence of doctors and their right to personal professional freedom has been recognized in a number of international universal and regional instruments and in the domestic law of European countries. When providing health care under normal conditions, healthcare professionals do not have the serious difficulty of being independent and to make their own decisions regarding the diagnosis and treatment of patients. However, this is not the case in prisons and arrest, where the activities of doctors, their independence and professional freedom are in practice limited by the adopted structural models and the normatively established organizational rules. Admitting this trend is unacceptable. It has a negative impact, on the one hand, on the ability of doctors to pursue their profession, guided solely by their conscience and the rules of medical ethics, and, on the other, on the effective exercise of the right to health and the related health rights of persons deprived from liberty. Last but not least, limiting the independence of physicians in the provision of medical care to persons deprived from liberty has implications for the physician-patient relationship that should be built on the basis of mutual trust, respect and cooperation. This article will look at international standards that guarantee the right to independence of doctors, their manifestation in the practice of medical care in prisons and in arrest, and the factors that lead to the limitation of that right.
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Sobczyński, Marek. « Do we need state and what for ? The role of the state in the modern World ». Studia z Geografii Politycznej i Historycznej 8 (30 décembre 2019) : 13–28. http://dx.doi.org/10.18778/2300-0562.08.01.
Texte intégralRésumé :
The state is subject of interest to many scientific disciplines: constitutional and international law, sociology, philosophy, administrative and political sciences, social psychology, economics, political and economic history, military sciences, regional studies and, of course, political geography and geopolitics. In the course of history, from ancient to modern times, the state was defined in very different ways.
The author comes out in his deliberations from the analysis of the elements that make up the various definitions of the state. Then he reviews the classification of functions that the modern state fulfills and analyzes the way in which they are implemented in various countries around the world, trying to answer the question, is the state necessary for citizens and for what?
Finally, the author draws attention to the frequent undertaking of the subject matter of the functioning of the state in the world’s belles-lettres in epic works and in dramas both in the past and nowadays.
The last issue raised in the paper is the analysis of the functioning of unrecognized countries, mainly European ones, and what are the consequences of their exclusion from the international community influencing the life of their inhabitants, economy and functioning of their societies.
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Серединський, І. В. « DIRECTIONS OF INTERNATIONAL COOPERATION IN THE FIELD OF TRAINING OF POLICE STAFF ». Juridical science, no 1(103) (19 février 2020) : 244–51. http://dx.doi.org/10.32844/2222-5374-2020-103-1.29.
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The scientific article examines the issues of areas of international cooperation in the field of police training. Emphasis is placed on the best practices of Western Europe, the United States and Canada. At first it was emphasized that in modern conditions there is a rapid development of international relations on the principles of integration and mutual enrichment, and not on the terms of rigid differentiation. It is determined that the interaction is especially evident in the field of international cooperation of European law enforcement agencies. The author found that international police cooperation is carried out in several main areas: 1) assistance in training for foreign law enforcement agencies; 2) joint research of problems of struggle against offenses; 3) exchange of experience in the field of police training; 4) provision of logistical and advisory assistance. Emphasis is placed on the fact that an important factor is the recognition by the international community among other areas and the need for cooperation in the field of personnel training. The author formulates the main directions of international cooperation in the field of police training, in particular: integration into international bodies and organizations in the field of police training; integration into international police educational institutions; integration into the education system of leading foreign educational institutions, study of experience, analysis of the work of structural units, study of the scale of social activity, the field of scientific research, etc .; creating conditions for the development of police education in a particular country with the help of international partners and the experience of foreign countries; provision-receipt on a mutual, and more often on a unilateral basis to foreign colleagues of means of equipment, communication, equipment for use in police training. Finally, it is noted that the most intensive and effective police cooperation is carried out by the police of highly developed countries with similar economic, political and social conditions, similar legal attitudes and principles of law enforcement.
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Siekiera, Joanna. « Regionalisation or Regionalism ? The Contemporary Legal Status of Cooperation in the South Pacific ». Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 11 (30 décembre 2020) : 101–16. http://dx.doi.org/10.14746/ppuam.2020.11.06.
Texte intégralRésumé :
This article aims to analyse the legal status of regional cooperation among the South Pacific countries and territories, as not every entity in the Pacific Basin possesses International law features of a state. Regionalisation, as well as regionalism, as illustrated by the example of the South Pacific region, is a new topic to examine, especially in the Polish and European literature. Therefore, this topic does need further and deeper analysis. First of all, both regionalism and regionalisation are international phenomena that were set against the process of globalisation only in the last two decades of the 20th century. Secondly, the Pacific Ocean became more dominant in geopolitics than the Atlantic Community at the beginning of 21st century. There are many publications regarding local cooperation mechanisms worldwide. Most of them, though, concern political and/or economic integration, and neglect the legal aspects of regional integration. The outcome of this article is nonetheless to present the contemporary legal statusof the South Pacific cooperation, though it is at the stage of regionalisation, while not yet regionalism – fully formalised and structuralised just as it is on the other continents.
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IEFYMENKO, Tetiana, et Tetiana DMYTRENKO. « Modern priorities in the field of combating money laundering and terrorist financing ». Naukovi pratsi NDFI 2022, no 2 (21 décembre 2022) : 5–20. http://dx.doi.org/10.33763/npndfi2022.02.005.
Texte intégralRésumé :
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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Zhao, Changping, Xinli Qi, Jin Wang, Fengyang Du et Xiaolan Shi. « Predicting Possible New Links to Future Global Plastic Waste Trade Networks ». Sustainability 14, no 8 (14 avril 2022) : 4692. http://dx.doi.org/10.3390/su14084692.
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China’s waste plastic ban has sparked a discussion about how the global plastic waste trade (GPWT) will develop in the future. To answer this question, this article uses the link forecasting and QAP method to predict and analyze the possible development trend of the GPWT in the future. The research results show that GPWT has certain stability and sustainability; although plastic waste trade has narrowed under the ban, it still has the potential trend of reconnecting the same type of links. Specifically, from a regional perspective, the future trade of new plastic waste trade will be dominated by cross-regional trade. Plastic waste may continue to flow to countries in the Asian–Pacific, Middle East, and African regions, while European countries will strengthen the internal recycling and processing of plastic waste. From the perspective of the national income level, the establishment of the new relationship will show an evolutionary trend in which high-income countries are dominated and the scale of trade between non-high-income countries expands. In addition, the differences in the level of economic development, liner transport connectivity, and the proportion of mismanagement of plastic waste among countries has a positive effect on the establishment of a new relationship in the GPWT, while tariff rates have an inhibitory effect. In general, the GPWT will still exist in the future, which requires the international community to guide the GPWT to promote the recycling and reuse of plastic waste in a real sense and adjust the unreasonable trade model.
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Zhang, X. « The Coronavirus Will Not Change the long-Term Upward Trend of China’s Economic Development ». Finance : Theory and Practice 24, no 5 (24 octobre 2020) : 15–23. http://dx.doi.org/10.26794/2587-5671-2020-24-5-15-23.
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The author investigates the impact of COVID‑19 and macro-policy adjustment on China’s economic development. The aim is to describe the situation and trend of China’s economic development before and after COVID‑19. The research method is the comparative data analysis. The study shows that in response to COVID‑19, the Chinese government, on the one hand, has accelerated its opening-up, taken the opportunity of fighting against the pandemic to provide medical assistance to and cooperate with other countries, and actively promoted the building of a community with a shared future for mankind and the process of globalization. On the basis of the Belt and Road Initiative and multilateral, regional, and subregional cooperation mechanisms such as the United Nations, Shanghai Cooperation Organization, BRICS (Brazil, Russia, India, China, South Africa), G20 (Group of 20), and APEC (Asia-Pacific Economic Cooperation), China and the Eurasian Economic Union began to cooperate more frequently and the trade relations between Japan, South Korea, and European developed countries became closer. Meanwhile, committed to building a global interconnection partnership, China actively participates in global economic governance and provides various public products. The Chinese government has proposed “Six Guarantees” on the basis of “Six Stability”. In order to achieve the purpose of stabilizing foreign trade and expanding imports, China has imposed various measures to accelerate the liberalization and facilitation of international trade and investment, such as implementing the new version of the “Foreign Investment Law”, establishing free trade zones, and promoting its experience and organizing international import expositions. Additionally, the Chinese government also implemented targeted fiscal and monetary policies, increased support for enterprises, especially small and medium-sized enterprises, and promoted the construction of “new infrastructure” and innovation of business model, which have formed the driving forces for the transformation of the economic development model in China from traditional business to cloud business, from traditional marketing to live streaming marketing, from traditional sales to online sales. The author concluded thatChina’s adjustment of macro policies in response to COVID‑19 was effective and played an important role in the resumption of production and life, stabilizing foreign trade activities, releasing domestic demand and promoting stable and sustained growth of the economy