Littérature scientifique sur le sujet « Subject International law – European Union countries »
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Articles de revues sur le sujet "Subject International law – European Union countries"
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Galushko, Dmitriy Viacheslavovich, Natalya Valerievna Oganova, Andrey Leonidovich Belousov, Elena Valerievna Grigorovich et Aleksey Valerievich Sereda. « The EU law and the law of third countries : problems of interaction ». SHS Web of Conferences 118 (2021) : 02003. http://dx.doi.org/10.1051/shsconf/202111802003.
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The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.
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Zimmer, Reingard. « Living wages in international and European law ». Transfer : European Review of Labour and Research 25, no 3 (août 2019) : 285–99. http://dx.doi.org/10.1177/1024258919873831.
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A number of countries worldwide provide for a statutory minimum wage. Generally speaking, however, it is not a living wage, although the right to a living wage is guaranteed in a variety of agreements under both international and European law. The Council of Europe’s European Social Charter (ESC), for example, codifies a living wage and, according to the case-law of its supervisory body, the level of 60 per cent of the net average wage is to be taken as the basis for appropriate remuneration. This article argues that the Charter of Fundamental Rights of the European Union also incorporates the right to a living wage, which should be at least 60 per cent of the net average wage. The Charter is legally binding for EU institutions, agencies and other bodies. Member States are bound only to the extent that the material scope of the relevant EU laws has been opened, which is the case when EU law is implemented or when obligations arising out of specific Union legislation are required for the relevant subject area, as will be explained in the article. In purely national situations nevertheless, values laid down in international law have to be observed when interpreting national laws.
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Satesna, Dhezya Pandu. « Legal Personality of ASEAN as the Subject of International Law : Contemporary Developments ». International Law Discourse in Southeast Asia 1, no 1 (31 janvier 2022) : 65–78. http://dx.doi.org/10.15294/ildisea.v1i1.56871.
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The Organization of Southeast Asian Nations (ASEAN) has unique characteristics, apart from the legal systems in Southeast Asian countries that are different from one another, but also have different historical aspects. If ASEAN is compared to the European Union, which has the same legal vision, characteristics of society, and even a uniform financial system, ASEAN does not yet have this uniformity. This study aims to identify the legal personality for ASEAN as a subject of international law. This study looks at various theories and concepts regarding international organizations as subjects of international law. This study confirms that the basis for ASEAN legal personality as a subject of international law can be seen in the ASEAN Charter, however, this form of legal personality is still limited.
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Forni, Federico. « Diplomatic Protection in EU Law : What’s New under the Sun ? » Hague Journal of Diplomacy 9, no 2 (31 mars 2014) : 150–75. http://dx.doi.org/10.1163/1871191x-12341274.
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Summary This article aims to assess which subjects could offer diplomatic protection in third countries to European citizens and/or European Union legal persons on the basis of eu law. The absence of a common standard of assistance and the lack of specific agreements with third states has de facto excluded the diplomatic protection ex Article 23 of the Treaty on the Functioning of the European Union (tfeu, formerly the tec or Treaty establishing the European Community). Yet the practice shows cases in which the European Commission claimed the infringement of the rights of eu citizens and eu corporations in cases of violation of an international agreement concluded by the Union, or in cases of a breach of general international law in a matter of eu exclusive competence. These evidences indicate that the eu could play an effective role in ensuring the protection of European citizens in third countries in situations in which the eu member states have transferred their competences to the European Union. However, these actions remain discretional, since the ‘duty to protect’ is far from achieved both in eu and in international law.
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Guild, Elspeth. « EU Citizens, Foreign Family Members and European Union Law ». European Journal of Migration and Law 21, no 3 (7 août 2019) : 358–73. http://dx.doi.org/10.1163/15718166-12340055.
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Abstract While international human rights law enshrines family life as a cornerstone of society, when it intersects with migration, issues and problems arise in countries where migration is high on the political agenda. This is true in a number of EU states. Both EU law and European human rights commitments, however, require states to provide for family reunification subject to a margin of discretion to the state. While family reunification for refugees and beneficiaries of international protection has been at the top of some political agendas in Europe, this article looks at family reunification (generally known as family reunion) for another group—nationals of the Member States. In particular it poses two questions: do EU Member States accept their own nationals to come back to their home state with third country national family members they have acquired while abroad? Secondly, to what extent do EU Member States discriminate against their own nationals in comparison with the generous EU rules of family reunion for nationals of other Member States who have exercised a free movement right in their country. This article is based on reports by experts from all EU Member States in light of the 2014 judgment in O & B (C-456/12) by the Court of Justice of the European Union.
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Sari, Aurel. « THE CONCLUSION OF INTERNATIONAL AGREEMENTS BY THE EUROPEAN UNION IN THE CONTEXT OF THE ESDP ». International and Comparative Law Quarterly 57, no 1 (janvier 2008) : 53–86. http://dx.doi.org/10.1017/s0020589308000031.
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AbstractBetween 2002 and 2007, the Council of the European Union has entered into more than 70 international agreements with third parties pursuant to Article 24 of the Treaty on European Union in order to address various legal and practical matters relating to the conduct of EU crisis management missions in third countries. The purpose of this article is to examine the Council's practice in the implementation of Article 24 of the Treaty and to assess the widely held view that the international agreements concluded under this provision offer conclusive proof of the EU's status as an independent subject of international law. Even though the Council's recent practice does indeed suggest that it concludes international agreements on behalf of the Union as such, this does not lay to rest all uncertainties surrounding the EU's nature as an international legal person.
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Margolis, Justin. « When Jumbo Jets Share the Sky : Civil Aviation in the European Union and the United States of America ». European Foreign Affairs Review 19, Issue 1 (1 février 2014) : 83–100. http://dx.doi.org/10.54648/eerr2014005.
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The global scope of civil aviation has increased at an exponential rate since the signature of the Chicago Convention in 1944. However, when it comes to recognizing zones of regional integration, such as the European Common Aviation Area (ECAA), international aviation law lags in progress. This article examines the new challenges in civil aviation arising for the European Union and Europe's relations with third countries, as seen through the lens of the EU-US Open Skies Agreement (OSA).The unification of European airspace and specifically the creation of the Schengen Area are clashing with traditional definitions of international and domestic flights. This incoherence between international air law and the European Union's novel creation is leading to inequalities in Europe's external air transport agreements. Open Skies liberalized civil aviation between the world's two largest aviation markets, but inequalities still remain, notably regarding the granting of air rights to passenger carriers and investment opportunities for European nationals in American air carriers. This article oversimplifies the technicalities of aviation law, and is destined for those with little or no knowledge of the subject.
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Veselinov, Jelena. « Endowments in European law : Current state and perspectives ». Glasnik Advokatske komore Vojvodine 93, no 3 (2021) : 700–733. http://dx.doi.org/10.5937/gakv93-28640.
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Throughout history, endowment, although with the same content, has developed differently in European countries in terms of law. The national legal regulations of the countries in this area define the basic elements, legal status and functioning of legal entities established in the spirit of endowment differently. The idea of the European Union as a market characterized by the free flow of people and capital inevitably led to the emergence of a very complex set of rules that apply to the member states of this union. The inclusion of endowments in the single market and the growing number of those characterized by internationally useful goals often lead to insurmountable problems in the operations of endowments outside national borders due to national legislations of EU countries not being synchronized, regardless of the general aim to create a single space without any barriers to the flow of people, services and capital. This is the starting point used to examine the subject of this paper - the need to regulate and resolve situations in the functioning of endowments and foundations in Europe: by creating special rules at the EU level and equalizing or harmonizing rules relating to these non-profit organizations. The subject of the research was chosen because of the importance of the topic in the process of developing private EU law in the non-profit sector. The aim of this paper is to analyze the legal regulations related to endowments and foundations in the national legislations of the EU member states comparatively in terms of law, but also to analyze the proposals for creating uniform legal rules.
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Huang, Xiaoqing. « Ensuring Taxpayer Rights in the Era of Automatic Exchange of Information : EU Data Protection Rules and Cases ». Intertax 46, Issue 3 (1 mars 2018) : 225–39. http://dx.doi.org/10.54648/taxi2018024.
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With the automatic exchange of information on tax matters (AEOI) developing into the new international standard, large quantities of information have been or will be subject to cross-border transfer. As a result, data play a significant role in the mechanism. Although the European Union is equipped with various legal sources in data protection, guarantees provided to taxpayers in AEOI legal instruments need to be further developed in order to be consistent with those provided by data protection rules in the European Union. This article analyses taxpayers’ right to data protection by studying the interrelationships between rules in EU Directives regarding administrative administration and those regarding data protection. Moreover, relevant Court of Justice of the European Union (CJEU) case law will be discussed in light of the afore-mentioned rules, highlighting the insufficiencies of prevailing AEOI legislation in ensuring proportionality and taxpayer protection in third countries. Finally, the newly adopted General Data Protection Regulation will be assessed.
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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.
Thèses sur le sujet "Subject International law – European Union countries"
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MARTINELLI, Thibault. « Intergovernmental action above, below and alongside the European Union : the law and practice of parallel and partial agreements between member states ». Doctoral thesis, European University Institute, 2022. https://hdl.handle.net/1814/74186.
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Defence date: 18 February 2022Examining Board: Professor Bruno de Witte (European University Insitute) ; Professor Marise Cremona (European University Institute) ; Professor Daniel Thym (Universität Konstanz) ; Professor Bernardus Smulders (Vrije Universiteit Brussel/European Commission)
In the last decades, the EU has gradually become Member States’ preferred vehicle through which they deepen intra-European cooperation. In that context, they act mainly through the European Union and its institutional apparatus, which they have endowed with defined missions and for the benefit of which they have limited their sovereign rights. Yet the establishment of the Union has also given rise to a Union system lato sensu outside the Union legal order stricto sensu but within the broader system of public international law within which that order is situated. In this grey area, Member States act collectively, alongside, below and above the Union in close connection with its integration agenda, by way of treaties governed by international law. In a cases-based analysis, this research unpacks those forms of intergovernmental action, from the early days of the EEC up until now. The thesis investigates the following questions: How to differentiate action through and outside the Union? Why do Member States take the intergovernmental route when they could have acted through the Union? What is the effect of ‘reverting to international law’ on the development of the Union and its institutional balance? And conversely how does Union law and its development affect the ways in which Member States act collectively outside the Union framework? The thesis ultimately nuances the dominant view that sees intergovernmental action in a negative normative light. In the current constitutional context, acting intergovernmental does carry significant risks in terms of legal compliance, accountability, and transparency. Yet many intergovernmental accords, it is argued, enhance, or protect the foundational trust between Member States and vis-à-vis the Union that makes common action possible.
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BARANSKI, Marcin. « Constitutional pluralism in the European Union : a critical reassessment ». Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/72280.
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Defence date: 26 July 2021Examining Board: Professor Dennis M. Patterson (European University Institute); Professor Gábor Halmai (European University Institute); Professor Jan Komárek (University of Copenhagen); Professor Alexander Somek (University of Vienna)
The aim of this thesis is to offer a comprehensive and critical analysis of one of the most popular and prolific strands in European legal scholarship, i.e., constitutional pluralism. Specifically, the thesis seeks to challenge the central claim advanced by pluralist scholars with regard to the legal structure of the European Union: namely that the relationship between the EU and national legal orders is best conceptualized and understood as a heterarchical rather than hierarchical one. To that purpose, the thesis examines the work of leading scholars of pluralism– –Neil MacCormick, Kaarlo Tuori, Mattias Kumm, and Miguel Poiares Maduro–– all of whom advanced such heterarchical rather than hierarchical understandings of the aforesaid relationship. In so doing, the thesis attempts to address two main questions: first, does pluralism succeed in offering a descriptively and analytically sound account of the common European legal ordering; and second, how do the traditional, positivist, and hierarchical accounts of law fare in comparison with their pluralist contenders? The thesis concludes that while pluralist scholars should be given credit for bringing to light certain distinctive features of the European legal ordering, upon closer examination, their analyses appear to confirm (rather than deny) some crucial insights of said positivist theories, along with their allegedly outdated and distorting, hierarchical understanding of law and legality. Furthermore, it is argued that the pluralist attempts to set aside the positivist questions about the ultimate grounds of law, final authority and constitutional supremacy in the European Union prove unsuccessful in view of the growing constitutional disagreement therein. Finally, the thesis suggests that the nature of the current European legal or constitutional setting is better captured by the notion of national constitutional supremacy, rather than the core pluralist idea of heterarchy.
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Fee, Emma. « 'A Europe without dividing lines' : the normative framework of the European neighbourhood policy - emergent jus gentium or consolidation of jus civile ? » Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83952.
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The primary focus of this work is Article 57 of the Draft European Constitution, concerning the constitutionalisation of a new aspect in EU external relations law, 'the European Neighbourhood Policy'. No comprehensive study of this constitutional article has yet been undertaken in EU legal research. Through the medium of the title of my thesis I wish to examine whether it amounts to an emergent jus gentium for the EU or its antithesis, the consolidation of jus civile. In parallel with the nature of the subject, this study is necessarily a legal-political one. Key points identified are the strategic use of human rights, extraterritoriality of law, foreign direct investment and legal imperialism. A number of recent developments, both judicial and legislative, have provoked this study.
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Liang, Zheng Yun. « The enviromental principles of the European Union ». Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120095.
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Li, Qian. « European Union normative approaches to enviromental governance ». Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120096.
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Deleau, Delphine. « The European court of justice 'open skies' judgments of 5 November 2002 : a Euopean contribution to the multilateral framework for International Aviation relations ». Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80914.
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The 'Open Skies' policy launched by the United States in 1992 gave birth to new bilateral agreements between them and most Member States of the European Union, as the latter were adopting a single aviation market. Nevertheless, the nationality clause the agreements included conflicted with the Community principle of freedom of establishment.On November 5, 2002, the European Court of Justice therefore ruled there was indeed violation. However, the true question raised by the agreements focused less on such violation, which was anterior to those agreements, than on their fragmentation and the inequality they created in the Europe/United States aviation relations.
Indeed, the issue to be stressed in the judgments is linked to the building of the external competence of the Union with regards to aviation. While the Court refused to grant total competence to the Community, it made that of the Member States impracticable, leading to a global mandate for the Commission.
Although the orientations of the agreements to be concluded are foreseeable, the role the European Union will play in a potential multilateral negotiation remains to be defined.
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GRAF, VON LUCKNER Johannes. « Cornerstones of enhanced cooperation : the principles of openness and last resort in light of past experiences and future challenges ». Doctoral thesis, European University Institute, 2018. http://hdl.handle.net/1814/64644.
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Award date: 1 October 2018Supervisor: Professor Deirdre Curtin
Enhanced cooperation is the EU’s most general, multi-purpose, and thus differentiation-friendly possibility to legislate without binding all Member States. After years of initial reluc-tance, it has been put into practice in a number of cases in the last years. In light of these developments, many perspectives on enhanced cooperation are worth revisiting. At the same time, the EU has recently been facing numerous fundamental challenges, and enhanced co-operation could be one of the tools for policy makers to consider when searching for solutions. It does so by analysing two crucial legal aspects of the enhanced cooperation mechanism in depth: the last resort principle and the principle of openness. Both principles stand out among the law governing enhanced cooperation as particularly important, defining notions – indeed, cornerstones of enhanced cooperation.
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RAVALLI, Rebecca. « Externalities of production in GVCs : an EU consumer perspective ». Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/73849.
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Defence date: 21 December 2021Examining Board: Professor Hans – W. Micklitz, European University Institute (Supervisor), Professor Martijn W. Hesselink, European University Institute, Professor Anna Beckers, Maastricht University, Professor Fernanda Nicola, Washington College of Law.
This doctoral dissertation examines the EU consumer perspective on externalities of production in global value chains (GVCs). Whether as part of the discourse on development or global economic governance, externalities of production are a long-standing issue that has been problematised not only by lawyers but also by economists, anthropologists, sociologists and social scientists at large. In the legal field, the analysis has struggled to contextualise consumer law and policy together with the peculiarities of GVCs as a distinct model of business organisation characterised by contractualisation of processes of production. The thesis argues that contractualisation of production establishes a relationship between consumers and processes of production, also in relation to externalities. Such a relation is not mirrored either by the voluntary self-regulation through which enterprises regulate externalities nor by EU consumer law. The present dissertation addresses this matter and argues that EU consumer law limits the involvement of consumers in the process of self-regulation that leading enterprises of GVCs undertake to prevent and/or remedy externalities of production and that results into a unilateral exercise of epistemic authority. The exercise of epistemic authority is favoured by a ‘communication paradigm’ framing EU consumer law, according to which consumer claims’ on sustainability and externalities of production depend on the content of the communication consumers receive prior or via the contract. This paradigm prevents consumers involvement, in all phases of the contractual relationship, in the definition of a legal episteme of sustainability in line with the core constitutional principles and values as enshrined in the EU Treaties and constitutional charters of member states. The final part of the thesis suggests that the limits deriving by the communication paradigm can be overcome by the CJEU that, by relying on the principle of effectiveness can integrate the communication paradigm with a consumer perspective on externalities of production in the post-contractual phase.
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LEAL, ARCAS Rafael. « Theory and practice of EC external trade law and policy ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13171.
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Defence date: 11 March 2008Examining board: Prof. Bruno De Witte, European University Institute (Supervisor) ; Prof. Francesca Martines, Faculty of Economics, University of Pisa ; Prof. Petros C. Mavroidis, Columbia Law School, NY and University of Neuchâtel ; Prof. Ernst-Ulrich Petersmann, European University Institute
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Both the European Community (EC) and its Member States agree that it is in their best interest to coordinate their action vis-à-vis the rest of the world in international trade agreements. Theory and Practice of EC External Trade Law and Policy looks at the intricacies of the institutional framework of EC trade law, and with special emphasis on services trade, examines the law and practice of EC external trade relations from a policy, economic, legal and an overarching European constitutional perspective. The objective of the author’s analysis is not only to find ways to nurture and preserve the unitary character of EC external trade relations in areas of shared competence between EU Member States and EU institutions, but also to understand the management of the EC’s external trade relations. The book begins with an analysis of the evolution of the EC common commercial policy, through which the author examines the checks and balances at the micro, meso and macro levels. The author then proceeds to analyse the problems faced by the EU in its external relations and the legal complexity of mixed agreements. This unique legal phenomenon is tackled from an intra-EC perspective as well as from an extra-EU perspective taking into account various implications for third parties. The major EU institutions are examined: the Commission as the negotiator of international trade agreements, the role of the EU Council and the European Parliament in concluding and ratifying of agreements and the European Court of Justice in relation to judicial enforcement. The EU’s decision-making process in the trade arena and its relation with national institutions are examined. The book concludes with an analysis of the EC’s contribution to the Doha Round in the area of services trade.
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Li, Lei. « Community interest in the European antidumping law ». Thesis, University of Macau, 2006. http://umaclib3.umac.mo/record=b1637074.
Texte intégralLivres sur le sujet "Subject International law – European Union countries"
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Calster, Geert van. European private international law. Oxford, UK : Hart Publishing, 2013.
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European private international law. Portland, Oregon : Hart Publishing, 2016.
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Cannizzaro, Enzo. International law as law of the European Union. Boston : Martinus Nijhoff Publishers, 2011.
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EC/International Law Forum (10th : 2011 : University of Bristol), dir. The international responsibility of the European Union : European and international perspectives. Oxford, United Kingdom : Hart Publishing, 2013.
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Kent, Penelope. Law of the European Union. 2e éd. London : Pitman Pub., 1996.
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Kent, Penelope. Law of the European Union. 2e éd. London : Financial Times/Pitman, 1996.
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Law of the European Union. 4e éd. Harlow, Essex, England : Pearson Education, 2008.
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Martti, Koskenniemi, dir. International law aspects of the European Union. The Hague : Kluwer Law International, 1998.
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Tuytschaever, Filip. Differentiation in European Union law. Oxford [England] : Hart Pub., 1999.
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European Union law for international business : An introduction. Cambridge : Cambridge University Press, 2009.
Trouver le texte intégralChapitres de livres sur le sujet "Subject International law – European Union countries"
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Naef, Tobias. « The Restrictive Effect of the Legal Mechanisms for Data Transfers in the European Union ». Dans European Yearbook of International Economic Law, 115–230. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-19893-9_3.
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AbstractThe right to data protection in Article 8 CFR has an extraterritorial dimension, which requires continuous protection for personal data that is essentially equivalent to the protection guaranteed within the EU. This right to continuous protection of personal data is an unwritten constituent part of the right to data protection in Article 8 CFR. Primary Union law in Article 16(2) TFEU instructs the European Parliament and the Council to establish rules relating to the protection of individuals regarding the processing of their personal data. This mandate also extends to the extraterritorial dimension of the right to data protection. Accordingly, Chapter V GDPR sets out the system for the transfer of personal data from the EU to third countries. The first section of this chapter defines the legal concept of “data transfers” and introduces the three legal mechanisms for the transfer of personal data in Chapter V GDPR (Sect. 3.1). The following sections address the three legal mechanism and their role in guaranteeing the right to continuous protection for personal data. Each section entails a fundamental rights analysis for the transfer of personal data on the basis of a legal mechanism in Chapter V GDPR. The second section is dedicated to data transfers based on adequacy decisions for third countries following Article 45 GDPR (Sect. 3.2). The third section is dedicated to data transfers based on the instruments providing appropriate safeguards in Article 46 GDPR such as standard data protection clauses and binding corporate rules (BCRs) (Sect. 3.3). Finally, the fourth section is dedicated to data transfers subject to contract-based and consent-based derogations in Article 49 GDPR (Sect. 3.4).
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Vargas Vasserot, Carlos. « Social Enterprises in the European Union : Gradual Recognition of Their Importance and Models of Legal Regulation ». Dans The International Handbook of Social Enterprise Law, 27–45. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_3.
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AbstractThis chapter addresses social enterprises as a special corporate category, which in some European jurisdictions, and increasingly so after their promotion by the European Union, are provided with a specific legal framework to promote and encourage their development. The paper begins with a brief compilation of the several social enterprise concepts developed by economic doctrines both in the United States and Europe, which reveal a great diversity of approaches. This is followed by an analysis of the various documents published by the European Union, showing the increasing recognition of this business phenomenon, from the publication of the Social Business Initiative in 2011 to the recent Action Plan for the Social Economy in 2021. Finally, the results obtained from the analysis of the different European legal systems are presented, and three main models of legal regulation of social enterprises are distinguished, namely, the use of the social cooperative form, enactment of a special law, and integration into a social economy law. The chapter concludes with a table comparing the essential aspects of the regulation of social enterprises in 14 European countries.
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Rakovský, Peter. « The Arbitration Convention as One of the Measures to Eliminate Double Taxation... in the European Union and in Slovak Republic ». Dans Cofola International 2021, 440–55. Brno : Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-8639-2021-17.
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In the world of taxes, double taxation or double non-taxation represents one of the main problems within international taxation. Fair taxation, which manifests itself as a taxation of incomes in countries where the value is created in the light of legal tax optimization, is an important issue for a lot of international organisations and a relevant topic of innumerable initiatives and statements. In that regard, tax disputes between two or more states arise whose subject is the profit allocation. Such dis-putes are the main object of the so-called Arbitration Convention, which stipulates international chall-enge of the present and future of the profit allocation. Secondary subject of this article is to point out other relevant international and national arbitration measures within the European Union and Slovak Republic.
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Slašťan, Miroslav. « Recent Developments in European Private International Law under Case Law of the Court of Justice ». Dans Universal, Regional, National – Ways of the Development of Private International Law in 21st Century, 315–35. Brno : Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-14.
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Within the context of the subject of the Private International Law Section, the contribution identifies selected recent judgments of the Court of Justice of the European Union, which indicate further developments in this area of law. The contribution will focus on the provisions for determining international jurisdiction as well as the recognition and enforcement of foreign decisions.
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Malacka, Michal. « Sharia – Conflict of Law and Culture in the European Context ». Dans Universal, Regional, National – Ways of the Development of Private International Law in 21st Century, 54–80. Brno : Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-3.
Texte intégralRésumé :
Sharia and its conflict with the private law within the EU is one of the most current problems in the conflict of laws. In accordance with the doctrine of ordre public, a foreign law that is otherwise applicable is disregarded if its application would violate some fundamental interest, basic policy, general principle of justice, or prevailing concept of good morals in the forum state. This doctrine is used and followed by judicial procedures not only at “the old continent” but also in Islamic countries. This article shows the basic aspects of Sharia, Islamic legal tradition and the reflection of all the connected aspects in European Union private law and legislation. Some selected chapters analyse the most important differences in the legislation and judicial practice in the EU member states.
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Cebriá, Luis Hernando. « Introduction to the Law of Benefit Corporations and Other Public Purpose-Driven Companies ». Dans The International Handbook of Social Enterprise Law, 301–17. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_14.
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AbstractIn recent years, the benefit corporation phenomenon has extended from many US jurisdictions to other countries. Benefit corporations are an expression of the principles of corporate social responsibility in company law through the creation of companies aiming at an enlightened value, for not only the shareholders but the stakeholders. However, different forms of corporations serve this purpose in the United States and in European and Latin American countries. Some are more proximate to non-profit entities, while others, more recently, to the North American model of the benefit corporation. This chapter reviews the current trends in company law that refer to these special legal forms, along with the regime of “public-interest entities” in the European Union and the institutional perspective maintained in some of its jurisdictions. To this end, this chapter analyzes the different legal forms of adaptation of the basic features of benefit corporations and other public purpose-driven companies to the regulatory environment in each jurisdiction.
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Hemels, Sigrid. « Social Enterprises and Tax : Living Apart Together ? » Dans The International Handbook of Social Enterprise Law, 77–100. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_5.
Texte intégralRésumé :
AbstractThis chapter examines the complex relationship between social enterprises and taxation. The focus is not on a specific country, although various examples are mentioned. As specific tax measures for social enterprises are a form of tax incentives, the chapter discusses this public finance concept. In addition, an important legal constraint on introducing such incentives for social enterprises in the European Union (EU) is discussed: the prohibition of state aid. From an analysis of the taxation of profits of social enterprises, it turns out that only a few countries have implemented tax incentives to further social enterprise models. Some social enterprises may meet the charity definition and thus benefit from tax incentives for charities. The drawback might be that it may require social enterprises to use next best legal forms. The chapter also discusses the relevant tax aspects for funders of social enterprises. Tax rules can especially be detrimental to the funding of high-risk social enterprises. Social enterprises also encounter value-added tax (VAT) issues. The VAT that applies in the EU has been copied (with variations) by many non-EU Member States. For that reason, this chapter focusses on the EU VAT legislation as included in the VAT. Problems emerging from the impossibility to deduct input VAT can best be solved outside the VAT framework.
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Pellonpää, Matti. « Reflections on the Principle of Mutual Trust in EU Law and Judicial Dialogue in Europe ». Dans International Actors and the Formation of Laws, 29–64. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98351-2_3.
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AbstractThe principle of mutual trust plays an important role in EU law, especially in the area of freedom, security and justice. In its Opinion 2/13 on the planned EU accession to the European Convention on Human Rights (ECHR), the Court of Justice of the European Union (CJEU) considered the draft agreement to be incompatible with EU law, in particular because it did not sufficiently take into account the principle of mutual trust. This chapter examines whether the ECHR is, as suggested by Opinion 2/13, in fact incompatible with EU law and whether this creates an insurmountable obstacle to accession. The chapter argues that the case-law of the two European Courts, rather than confirming such inherent incompatibility, demonstrates a constructive judicial dialogue between them. This is a dialogue in which, in addition to the two supranational Courts, national courts, such as the German Federal Constitutional Court, have given their contribution. While the true nature of the principle of mutual trust in EU law remains subject to debate, close scrutiny reveals it as more of a rebuttable presumption than a full-fledged legal principle. Ultimately, the European and domestic courts involved are shown to have engaged in a useful judicial dialogue that has influenced the shaping of the principle of mutual trust in a manner that can be regarded as satisfactory from the point of view of both the ECHR and the EU.
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Radoniewicz, Filip. « International Regulations of Cybersecurity ». Dans Cybersecurity in Poland, 53–71. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-78551-2_5.
Texte intégralRésumé :
AbstractThere is no doubt that, due to the global nature of modern ICT networks, international cooperation plays a key role in ensuring cybersecurity, including in the fight against cybercrime.This chapter describes initiatives taken within international organizations to ensure cybersecurity and the prevention of cybercrime. The presentation will start with the initiatives of the OECD and the Council of Europe. This is due not only to some kind of “Eurocentrism” but above all to the fact that these two organisations were the first to address cybersecurity and cybercrime issues. In addition, the Council of Europe Convention 185 on CyberCrime of November the 23rd, 2001, an international agreement concluded in the Council of Europe, is a milestone in the prevention of computer crime, remaining the only binding act of international law to combat it. Its importance is best demonstrated by the constantly growing number of signatories (and countries that model without signatures after the provisions, e.g. Pakistan) and the fact that international organisations, or recommend that their members accept (UN, G7/G8, European Union) or “copy” provisions, creating their own model legal acts (e.g. Commonwealth).
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Broom, Donald M. « EU regulations and the current position of animal welfare. » Dans The economics of farm animal welfare : theory, evidence and policy, 147–55. Wallingford : CABI, 2020. http://dx.doi.org/10.1079/9781786392312.0147.
Texte intégralRésumé :
Abstract In most countries of the world, sustainability issues are viewed by the public as of increasing importance and animal welfare is perceived to be both a public good and a key aspect of these issues. European Union animal welfare policy and legislation on animal welfare has helped animals, has had much positive influence in the world and has improved the public image of the EU. Health is a key part of welfare and the one-health and one-welfare approaches emphasize that these terms mean the same for humans and non-humans. The animals that humans use are described as sentient beings in EU legislation. Scientific information about animal welfare, like that produced by EFSA, is used in the formulation of the wide range of EU animal welfare laws. The European Commission has an animal welfare strategy including the Animal Welfare Platform. However, most kinds of animals kept in the EU are not covered by legislation, and they are subject to some of the worst animal welfare problems, so a general animal welfare law and specific laws on several species are needed. Animal sentience and welfare should be mentioned, using accurate scientific terminology, in many trade-related laws as well as in animal-specific laws.
Actes de conférences sur le sujet "Subject International law – European Union countries"
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Bodul, Dejan. « WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES ? » Dans The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22409.
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It must be pointed out that the issue of bankruptcy proceedings in countries with a long market tradition is a dynamic area where new solutions are sought that will follow the trend of change in the international economy. The European Union, which in 2019 adopted the Restructuring and Insolvency Directive, is also making an exceptional contribution to this issue. With the adoption of the Directive, the European Union has joined the general trend of deviation from traditional, formal bankruptcy proceedings by opening a wide area to private regulation, with all the associated opportunities and risks. From the current point of view of Croatian law, the Directive does not provide “revolutionary” solutions, especially in terms of preventive restructuring, given that Croatian rules on prebankruptcy proceedings are essentially in line with the solutions contained in the Directive. Therefore, the subject of the analysis are valid norms as well as those from the Final Proposal of the Bankruptcy Law from 2022 (February 2022) related to collective legal protection in (pre) bankruptcy proceedings, having in mind the possible consequences of incomplete and inadequate regulation on the rights and interests of participants. The analysis starts from the fact that the issue of legal protection is regulated by each state independently and that such autonomy of member states is limited by EU rules. Therefore, in addition to the legal analysis of legal protection, as it is according to the existing (valid) legal framework (de lege lata), this paper also includes the question of what such protection should be in view of the requirements of European law (de lege ferenda). A limiting factor in the context of this analysis is the lack of well-established judicial practice, given that the implementation of new legislation is in process of public debate. Therefore, the analysis is not based on practical problems, but on detecting possible problems that could cause difficulties in practical implementation of (pre)bankruptcy proceedings.
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Gökçek Karaca, Nuray, et Semra Saruç. « International Migration Trends in Turkey and European Union Candidate Transition Economies ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.00871.
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In this study, international migration trends were evaluated in Turkey and European Union (EU) Candidate Transition Economies by means of data obtained from HDI Report developed by UNDP. The aim of this study is analyzing international migration trends in relation with other dimension of integration such as economics, social protection and social policy. In this study, the subject was carried out through comparative relation scanning model and literature model, the sample group was established EU candidate transition economies (Montenegro, The Former Yugoslav Republic of Macedonia, Serbia, Albania, Bosnia and Herzegovina) with Turkey. The research data was collected by means of data from HDI Report developed by UNDP. The findings from this study revealed that the population of Montenegro and Serbia among EU candidate transition economies less emigrated and more immigrated than other countries. It can also be concluded that the emigration trend of Turkey presents similar tendency with Montenegro and Serbia whereas immigration rate of Turkey is lower than the other countries except for Bosnia Herzegovina.
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Tufaner, Mustafa Batuhan, Hasan Boztoprak et İlyas Sözen. « An Alternative to The European Customs Union for Turkey in The Framework of Economic Integration Theory : Eurasian Customs Union ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c09.01957.
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The liberalization policies begun after 1980 and globalization process bring with new economic associations and trade blocs among countries. The European Customs Union which established to improve economic relations and to make the political integration possible after World War II, reached large trade capacity today. On the other hand, the Post-Soviet countries that followed similar way like European ones established Eurasian Customs Union under the leadership of Kazakhstan, Belarus and Russia. The advantage of European Customs Union for Turkey which became a member of it in 1995 is still discussed. From this viewpoint the study aims to answer a question that Eurasian Customs Union can be an alternative to European Customs Union for Turkey in point of trade capacity. The aim of the study is to discuss the possibility of the Eurasian Customs Union and to compare it with the European Customs Union in which Turkey is involved. In this context, at first, the conceptual framework about the subject will be discussed and European Customs Union and Turkey relations will be examined. After, the current situation of the Eurasian region will be analyzed and the possibility of the Eurasian Customs Union will be discussed. And, which customs union will be more advantageous in terms of Turkey will be examined by VAR analysis.
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Belet, Nuran. « Security of Energy Supply for European Union and Trans Anatolian Natural Gas Pipeline Project ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00723.
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The fact that global economies are growing rapidly, unequal geographical distribution of energy resources and the fact that no renewable energy resource can compete with oil and natural gas at least in the near future strengthens the energy subject. In this regard, energy demands of the developed countries and the world intensifies on the energy resources of Eurasia Region, especially Caspian Region. The main factor of the energy demand isn't the supply of energy for the least possible cost but the transfer of the needed energy via secure gas pipes so that the national economies can continue producing. Russia is the most important supplier of natural gas for European countries. Eurasian regian and the Caspian Basin countries have become strategic actors in the energy market because of their rich natural gas reserves. Russia's cutting off natural gas to Europe across Ukraine upon the crisis with this country has caused a deep concern. European Union wishes to support security projects for supply synchronically of different countries into which Ukraine and Belarus -those it uses as transit for gas transfer- aren't included because of political and economical reasons to meet its energy demand. In this respect, Turkey plays a key role in supplying energy from this region to minimize the risks of energy supply security. Turkey is located in the center of a geopolitical region which produces oil and natural gas. But it can't make use of its potential. Turkey has to create opportunities to play an active role in various energy projects and pipeline routes. This is an analysis of TANAP project's impacts on European Union's energy supply security, Azerbaijan, Turkey and other countries of the region.
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Karluk, S. Rıdvan. « EU Enlargement to the Balkans : Membership Perspective to the Balkan Countries ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01163.
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After the dispersion of the Soviet Union, the European Union embarked upon an intense relationship with the Central and Eastern European Countries. The transition into capital market and democratization of these countries had been supported by the Ministers of Foreign Affairs at the beginning of 1989 before the collapse of the Soviet Union System. The European Agreements were signed between the EU and Hungary, Poland, and Czechoslovakia on December 16th, 1991. 10 Central and Eastern Europe Countries became the members of the EU on May 1st, 2004. With the accession of Bulgaria and Romania into the EU on January 1st, 2007, the number of the EU member countries reached up to 27, and finally extending to 28 with the membership of Croatia to the EU on July 1st, 2013. Removing the Western Balkan States, Serbia, Montenegro, Albania, and Bosnia and Herzegovina from the scope of external relations, the EU included these countries in the enlargement process in 2005.The European Commission has determined 2014 enlargement policy priorities as dealing with the fundamentals on preferential basis. In this context, the developments in the Balkans will be closely monitored within the scope of a new approach giving priority to the superiority of law. The enlargement process of the EU towards the Balkans and whether or not the Western Balkan States will join the Union will be analyzed.
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Silovs, Mihails, et Olga Dmitrijeva. « Differences in fishery and aquaculture products, their production and sale technical regulations in Eurasian Economic Union and legislation and practice of the European Union ». Dans 22nd International Scientific Conference. “Economic Science for Rural Development 2021”. Latvia University of Life Sciences and Technologies. Faculty of Economics and Social Development, 2021. http://dx.doi.org/10.22616/esrd.2021.55.052.
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The mandatory requirements for the fishery and aquaculture products, their production and sale in force in the territory of the Customs Union of the Eurasian Economic Union (CU EAEU) arise from the regulatory and legal acts of the Eurasian Economic Union and its predecessor - the Customs Union - and apply in a package approach similar to the law of the European Union pertaining to the food safety area. The requirements of the EAEU technical regulations have been analysed taking into account that European exporting enterprises are first of all obliged to comply with the requirements of the listed EU regulatory and legal acts applicable to their production process and products. The aim of this paper was to run a comparative analysis on the mandatory requirements of the food legislation of the European and Customs Unions regarding fishery and aquaculture products, their production and sale. The issues of certification of certain product categories are analysed separately, the requirements for canned fish being highlighted. The analysis is relevant for all fish processing companies which may consider the possibility of starting export to the countries of the CU EAEU and are intended to reduce costs associated with products’ entry into these markets.
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Dimitrov, Vasil. « AUTONOMY AND RESPONSIBILITY OF MODERN SPORT : BETWEEN NATIONAL STANDARDS, THE APPLICABILITY OF EUROPEAN UNION LAW AND MARKET MECHANISMS ». Dans INTERNATIONAL SCIENTIFIC CONGRESS “APPLIED SPORTS SCIENCES”. Scientific Publishing House NSA Press, 2022. http://dx.doi.org/10.37393/icass2022/134.
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ABSTRACT The heterogeneous nature of sports relations, which are subject to the regulation of sports law, predetermines the different nature of regulation, which in turn provides for a different “autonomy” of sports organizations. The autonomy of individual and collective action is possible only in the existence of normative systems and cultural models that allow different degrees of conformity to their prescriptions and requirements. The research aims to reveal some legal, sociological, and practical aspects of autonomy in sports, and features of manifestation on a national and European scale. The study‘s objectives are: normative documents, case law in connection with the issues discussed at the level of Bulgaria and the European Union, recommendations, reports from various committees, and others. To solve the main tasks, achieve the goal and prove the hypothesis, a complex research methodology of normative and literature sources, content analysis, and included observation has been applied. Conclusion: The globalization of sport is increasingly shifting the legal framework of the international sports system to international sports bodies such as the International Olympic Committee, the World Anti-Doping Agency, and international sports federations. A significant effect of this change has been the erosion of the ability of domestic legal systems to intervene, especially when the rules of international sports bodies conflict with domestic norms and values. Changing regulatory acts that unjustifiably limit the autonomy of sport, in most cases, sports arbitrations deal with the imposed doping-related penalties. Possibilities for improving the work of the arbitration autonomy of sports organizations have been opened. There is a risk of limiting the autonomy of the sports industry, of interference, and on the other hand, there is another risk - reaching such a kind of sports autonomy which will be gradually withdrawn from national jurisdictions.
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Buckova, Hana, et Jiri Dostal. « Analysis of educational content of the subject Informatics in selected countries of the European Union in the context of curricular changes in the Czech Republic ». Dans 2019 17th International Conference on Emerging eLearning Technologies and Applications (ICETA). IEEE, 2019. http://dx.doi.org/10.1109/iceta48886.2019.9039992.
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Saule, Murat. « PROPRIETARY METHODS OF THE PROPRIETARY RIGHTS PROTECTION IN THE CIVIL LAW OF THE REPUBLIC OF KAZAKHSTAN AND COUNTRIES OF THE EUROPEAN UNION : COMPARATIVE LEGAL ANALYSIS ». Dans 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgemsocial2017/12/s02.078.
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Karluk, S. Rıdvan. « Eurasian Customs Union and Turkey’s Membership ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01343.
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Leaders of Russia, Belarus, and Kazakhstan which are the countries of disintegrated Soviet Union signed an agreement in order to establish a Union named Eurasian Economic Union on the date of 29 May 2014. With this attempt Russia wants to protect its former penetration on former Soviet geography by providing economic integration. Positive messages upon the membership of Turkey to Eurasia Economic Union were given at Eurasia Economic Union meeting which was held in Ankara in January mid-2015 and hosted by Andrey Karlov, Ambassador of Russia. Nursultan Nazarbayev, who is the pioneer of this idea, has stressed that Turkey should be a member of the Community several times before now. The idea of Sergey Markov, who is the point man of Putin as “Turkey should enter Eurasia Union not European Union, it can gain strength in this way”, is void within the scope of international agreements which Turkey signed with European Union and of the rules of WTO. Erdoğan, Prime Minister of the relevant term said Putin that “Take Turkey into Shanghai Cooperation Organization and ease our difficulty”; in Russian- Turkey peak held on 23 November 2013 in St. Petersburg province of Russia. This explanation is not possible in terms of international law. Explanation of Zeybekçi, Minister of Economy as “Eurasia Customs Union is a must for Turkey. We have to be there” is not realistic. In our paper we will deal and explain why Turkey cannot enter Eurasia Customs Union and why an axial dislocation cannot occur in Turkey.
Rapports d'organisations sur le sujet "Subject International law – European Union countries"
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Kira, Beatriz, Rutendo Tavengerwei et Valary Mumbo. Points à examiner à l'approche des négociations de Phase II de la ZLECAf : enjeux de la politique commerciale numérique dans quatre pays d'Afrique subsaharienne. Digital Pathways at Oxford, mars 2022. http://dx.doi.org/10.35489/bsg-dp-wp_2022/01.
Texte intégralRésumé :
Realities such as the COVID-19 pandemic have expedited the move to online operations, highlighting the undeniable fact that the world is continuing to go digital. This emphasises the need for policymakers to regulate in a manner that allows them to harness digital trade benefits while also avoiding associated risk. However, given that digital trade remains unco-ordinated globally, with countries adopting different approaches to policy issues, national regulatory divergence on the matter continues, placing limits on the benefits that countries can obtain from digital trade. Given these disparities, ahead of the African Continental Free Trade Area (AfCFTA) Phase II Negotiations, African countries have been considering the best way to harmonise regulations on issues related to digital trade. To do this effectively, AfCFTA members need to identify where divergencies exist in their domestic regulatory systems. This will allow AfCFTA members to determine where harmonisation is possible, as well as what is needed to achieve such harmonisation. This report analyses the domestic regulations and policies of four focus countries – South Africa, Nigeria, Kenya and Senegal – comparing their regulatory approaches to five policy issues: i) regulation of online transactions; ii) cross-border data flows, data localisation, and personal data protection; iii) access to source code and technology transfer; iv) intermediary liability; and v) customs duties on electronic transmissions. The study highlights where divergencies exist in adopted approaches, indicating the need for the four countries – and AfCFTA members in general – to carefully consider the implications of the divergences, and determine where it is possible and beneficial to harmonise approaches. This was intended to encourage AfCFTA member states to take ownership of these issues and reflect on the reforms needed. As seen in Table 1 below, the study shows that the four countries diverge on most of the five policy issues. There are differences in how all four countries regulate online transactions – that is, e-signatures and online consumer protection. Nigeria was the only country out of the four to recognise all types of e-signatures as legally equivalent. Kenya and Senegal only recognise specific e-signatures, which are either issued or validated by a recognised institution, while South Africa adopts a mixed approach, where it recognises all e-signatures as legally valid, but provides higher evidentiary weight to certain types of e-signatures. Only South Africa and Senegal have specific regulations relating to online consumer protection, while Nigeria and Kenya do not have any clear rules. With regards to cross border data flows, data localisation, and personal data protection, the study shows that all four focus countries have regulations that consist of elements borrowed from the European Union (EU) General Data Protection Regulation (GDPR). In particular, this was regarding the need for the data subject's consent, and also the adequacy requirement. Interestingly, the study also shows that South Africa, Kenya and Nigeria also adopt data localisation measures, although at different levels of strictness. South Africa’s data localisation laws are mostly imposed on data that is considered critical – which is then required to be processed within South African borders – while Nigeria requires all data to be processed and stored locally, using local servers. Kenya imposes data localisation measures that are mostly linked to its priority for data privacy. Out of the four focus countries, Senegal is the only country that does not impose any data localisation laws. Although the study shows that all four countries share a position on customs duties on electronic transmissions, it is also interesting to note that none of the four countries currently have domestic regulations or policies on the subject. The report concludes by highlighting that, as the AfCFTA Phase II Negotiations aim to arrive at harmonisation and to improve intra-African trade and international trade, AfCFTA members should reflect on their national policies and domestic regulations to determine where harmonisation is needed, and whether AfCFTA is the right platform for achieving this efficiently.
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Zhytaryuk, Marian. Ukraine in the international press in 1930 (on the materials of the Lviv newspaper «Dilo»). Ivan Franko National University of Lviv, février 2022. http://dx.doi.org/10.30970/vjo.2022.51.11413.
Texte intégralRésumé :
In the article of Professor Maryan Zhytaryuk, it is implemented the systematization of publications in the international press of 1930 about Ukraine on the materials of the Lviv newspaper «Dilo». Important political issues, in particular: Bolshevism in Soviet Ukraine, the massacre of the Ukrainian intelligentsia (Union for the Liberation of Ukraine), the interpretation of the «Ukrainian political problem» in European countries were singled out and generalized. The topicality of the article subject follows from the need to supplement the materials on the study of the «Ukrainian question», from the understanding that the interwar period, mainly in the 30s of the twentieth century, is a concentrated historical and political period, that is represented on newspaper and magazine columns. During the decade (30s of the twentieth century) – there were thousands of them. For example, in the newspaper «Dilo» only in the first three months of 1930 we can find more than 100 publications on international subjects. Therefore, the author narrowed the research materials to translated materials in the genres of press round-up, review, digest of publications in the foreign press. The purpose of the article is to focus on Ukrainian issues in the international press based on translations and comments on foreign publications in the newspaper «Dilo» in 1930. The task of the publication is to comprehend the identified texts in the context of geopolitical construction on the eve of World War II; to supplement the history of Ukrainian and foreign journalism and its source base. In the article the author uses the method of scientific study of primary sources found in the special funds of the Scientific Library of LNU. I. Franko, in particular, the bundles of the newspaper «Dilo» for 1930. 252 publications were processed, some of which - in several submissions. Based on scientific summarizing, 15 publications on political issues with the keyword «Ukraine» were selected on the basis of translated sources from foreign media (scientific research method). Actually with the purpose of understanding the raised issues (conceptual analysis) and of preparing some certain conclusions and generalizations (methods of synthesis, induction and deduction) the problem-thematic analysis was used.
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Monetary Policy Report - July 2022. Banco de la República, octobre 2022. http://dx.doi.org/10.32468/inf-pol-mont-eng.tr3-2022.
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In the second quarter, annual inflation (9.67%), the technical staff’s projections and its expectations continued to increase, remaining above the target. International cost shocks, accentuated by Russia's invasion of Ukraine, have been more persistent than projected, thus contributing to higher inflation. The effects of indexation, higher than estimated excess demand, a tighter labor market, inflation expectations that continue to rise and currently exceed 3%, and the exchange rate pressures add to those described above. High core inflation measures as well as in the producer price index (PPI) across all baskets confirm a significant spread in price increases. Compared to estimates presented in April, the new forecast trajectory for headline and core inflation increased. This was partly the result of greater exchange rate pressure on prices, and a larger output gap, which is expected to remain positive for the remainder of 2022 and which is estimated to close towards yearend 2023. In addition, these trends take into account higher inflation rate indexation, more persistent above-target inflation expectations, a quickening of domestic fuel price increases due to the correction of lags versus the parity price and higher international oil price forecasts. The forecast supposes a good domestic supply of perishable foods, although it also considers that international prices of processed foods will remain high. In terms of the goods sub-basket, the end of the national health emergency implies a reversal of the value-added tax (VAT) refund applied to health and personal hygiene products, resulting in increases in the prices of these goods. Alternatively, the monetary policy adjustment process and the moderation of external shocks would help inflation and its expectations to begin to decrease over time and resume their alignment with the target. Thus, the new projection suggests that inflation could remain high for the second half of 2022, closing at 9.7%. However, it would begin to fall during 2023, closing the year at 5.7%. These forecasts are subject to significant uncertainty, especially regarding the future behavior of external cost shocks, the degree of indexation of nominal contracts and decisions made regarding the domestic price of fuels. Economic activity continues to outperform expectations, and the technical staff’s growth projections for 2022 have been revised upwards from 5% to 6.9%. The new forecasts suggest higher output levels that would continue to exceed the economy’s productive capacity for the remainder of 2022. Economic growth during the first quarter was above that estimated in April, while economic activity indicators for the second quarter suggest that the GDP could be expected to remain high, potentially above that of the first quarter. Domestic demand is expected to maintain a positive dynamic, in particular, due to the household consumption quarterly growth, as suggested by vehicle registrations, retail sales, credit card purchases and consumer loan disbursement figures. A slowdown in the machinery and equipment imports from the levels observed in March contrasts with the positive performance of sales and housing construction licenses, which indicates an investment level similar to that registered for the first three months of the year. International trade data suggests the trade deficit would be reduced as a consequence of import levels that would be lesser than those observed in the first quarter, and stable export levels. For the remainder of the year and 2023, a deceleration in consumption is expected from the high levels seen during the first half of the year, partially as a result of lower repressed demand, tighter domestic financial conditions and household available income deterioration due to increased inflation. Investment is expected to continue its slow recovery while remaining below pre-pandemic levels. The trade deficit is expected to tighten due to projected lower domestic demand dynamics, and high prices of oil and other basic goods exported by the country. Given the above, economic growth in the second quarter of 2022 would be 11.5%, and for 2022 and 2023 an annual growth of 6.9% and 1.1% is expected, respectively. Currently, and for the remainder of 2022, the output gap would be positive and greater than that estimated in April, and prices would be affected by demand pressures. These projections continue to be affected by significant uncertainty associated with global political tensions, the expected adjustment of monetary policy in developed countries, external demand behavior, changes in country risk outlook, and the future developments in domestic fiscal policy, among others. The high inflation levels and respective expectations, which exceed the target of the world's main central banks, largely explain the observed and anticipated increase in their monetary policy interest rates. This environment has tempered the growth forecast for external demand. Disruptions in value chains, rising international food and energy prices, and expansionary monetary and fiscal policies have contributed to the rise in inflation and above-target expectations seen by several of Colombia’s main trading partners. These cost and price shocks, heightened by the effects of Russia's invasion of Ukraine, have been more prevalent than expected and have taken place within a set of output and employment recovery, variables that in some countries currently equal or exceed their projected long-term levels. In response, the U.S. Federal Reserve accelerated the pace of the benchmark interest rate increase and rapidly reduced liquidity levels in the money market. Financial market actors expect this behavior to continue and, consequently, significantly increase their expectations of the average path of the Fed's benchmark interest rate. In this setting, the U.S. dollar appreciated versus the peso in the second quarter and emerging market risk measures increased, a behavior that intensified for Colombia. Given the aforementioned, for the remainder of 2022 and 2023, the Bank's technical staff increased the forecast trajectory for the Fed's interest rate and reduced the country's external demand growth forecast. The projected oil price was revised upward over the forecast horizon, specifically due to greater supply restrictions and the interruption of hydrocarbon trade between the European Union and Russia. Global geopolitical tensions, a tightening of monetary policy in developed economies, the increase in risk perception for emerging markets and the macroeconomic imbalances in the country explain the increase in the projected trajectory of the risk premium, its trend level and the neutral real interest rate1. Uncertainty about external forecasts and their consequent impact on the country's macroeconomic scenario remains high, given the unpredictable evolution of the conflict between Russia and Ukraine, geopolitical tensions, the degree of the global economic slowdown and the effect the response to recent outbreaks of the pandemic in some Asian countries may have on the world economy. This macroeconomic scenario that includes high inflation, inflation forecasts, and expectations above 3% and a positive output gap suggests the need for a contractionary monetary policy that mitigates the risk of the persistent unanchoring of inflation expectations. In contrast to the forecasts of the April report, the increase in the risk premium trend implies a higher neutral real interest rate and a greater prevailing monetary stimulus than previously estimated. For its part, domestic demand has been more dynamic, with a higher observed and expected output level that exceeds the economy’s productive capacity. The surprising accelerations in the headline and core inflation reflect stronger and more persistent external shocks, which, in combination with the strength of aggregate demand, indexation, higher inflation expectations and exchange rate pressures, explain the upward projected inflation trajectory at levels that exceed the target over the next two years. This is corroborated by the inflation expectations of economic analysts and those derived from the public debt market, which continued to climb and currently exceed 3%. All of the above increase the risk of unanchoring inflation expectations and could generate widespread indexation processes that may push inflation away from the target for longer. This new macroeconomic scenario suggests that the interest rate adjustment should continue towards a contractionary monetary policy landscape. 1.2. Monetary policy decision Banco de la República’s Board of Directors (BDBR), at its meetings in June and July 2022, decided to continue adjusting its monetary policy. At its June meeting, the BDBR decided to increase the monetary policy rate by 150 basis points (b.p.) and its July meeting by majority vote, on a 150 b.p. increase thereof at its July meeting. Consequently, the monetary policy interest rate currently stands at 9.0% . 1 The neutral real interest rate refers to the real interest rate level that is neither stimulative nor contractionary for aggregate demand and, therefore, does not generate pressures that lead to the close of the output gap. In a small, open economy like Colombia, this rate depends on the external neutral real interest rate, medium-term components of the country risk premium, and expected depreciation. Box 1: A Weekly Indicator of Economic Activity for Colombia Juan Pablo Cote Carlos Daniel Rojas Nicol Rodriguez Box 2: Common Inflationary Trends in Colombia Carlos D. Rojas-Martínez Nicolás Martínez-Cortés Franky Juliano Galeano-Ramírez Box 3: Shock Decomposition of 2021 Forecast Errors Nicolás Moreno Arias