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1
Selim, Ismail. "Egyptian Public Policy as a Ground for Annulment and Refusal of Enforcement of Arbitral Awards." BCDR International Arbitration Review 3, Issue 1 (September 1, 2016): 65–79. http://dx.doi.org/10.54648/bcdr2016006.
Повний текст джерелаАнотація:
In contrast with the French approach, the Egyptian Arbitration Law does not explicitly embrace the dichotomy between domestic and international public policy. Yet Egyptian courts have adopted the well-known distinction between domestic and international public policy with respect to conflict of laws, including, mutatis mutandis, recognition and enforcement of foreign judgments and foreign and international arbitral awards. The weak standard of review by Egyptian courts of whether an arbitration award complies with public policy norms is one of the reasons why Egypt has become an arbitration-friendly seat. A comprehensive review of Egyptian case law illustrates the rejection by the courts in Egypt of the public policy exception, save in very exceptional circumstances.
2
De Wet, Erika. "The Case of Government of the Republic of Zimbabwe v Louis Karel Fick: A First Step towards developing a Doctrine on the Status of International Judgments within the Domestic Legal Order." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (April 21, 2017): 565. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2258.
Повний текст джерелаАнотація:
The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended) Southern African Development Community (SADC) Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international courts and tribunals (as anticipated by Article 32(1) of the Protocol on the SADC Tribunal). As none of the relevant statutory legislation was applicable in this instance, the common law remained the only possible avenue through which the SADC Tribunal’s decision could be enforced in South Africa. At the time of the decision, the common law on the enforcement of civil judgments had developed only to a point where it provided for the execution of judgments made by domestic courts of a foreign state (ie decisions of other national courts). The Court was therefore confronted with whether or not an international decision in the form of a cost order of the SADC Tribunal amounted to a “foreign judgment” as recognized by the South African common law. The Court answered this question in the affirmative by relying on those clauses in the Constitution that committed South Africa to the rule of law, as well as its obligations under international law, and to an international-law friendly interpretation of domestic law. Although the decision is to be welcomed and applied the law correctly to the facts of the case, it does raise the issue of the wisdom of equating international judgments with foreign judgments on a more general scale. This relates to the fact that it is generally accepted in most jurisdictions that the recognition and enforcement of a “foreign judgment” can be denied where it would result in a violation of domestic public policy. The public policy exception does not, however, fit well in a regime based on public international law, which does not permit States to use their domestic law as an excuse for not implementing their international obligations.
3
Alibaba, Arzu, and Emine Kocano Rodoslu. "The Role of Public Policy in the Enforcement of Foreign Custody Judgments: An Example of Joint Custody in Turkish Law." Sustainability 12, no. 5 (March 7, 2020): 2060. http://dx.doi.org/10.3390/su12052060.
Повний текст джерелаАнотація:
Societies transfer their basic values to new generations through child custody within the family. Therefore, bringing up children in healthy families is beneficial to society. Despite the importance of maintaining the sustainability of the family, which is the basic unit of society, when family sustainability is not possible, a basic duty of the courts must be to provide the best custody model for the welfare of the child after the dissolution of a marriage. Studies have shown that children have a better psychological state and can more easily overcome the trauma of divorce when the courts rule for joint custody than when the courts rule for sole custody. Joint custody, provided for in many legal systems, is not regulated in Turkish law. Thus, requests for the enforcement of foreign joint custody judgments are rejected by Turkish courts for violating public policy. Turkish courts incorrectly consider foreign law, which provides different rules, as grounds for public policy intervention. In this study, it is found that Turkish courts can rule for joint custody by depending on international conventions. Within this framework, it is not possible to reject the enforcement of foreign joint custody judgments by depending on the public policy exception.
4
Newbury, Mary V. "Foreign Act of State." Amicus Curiae 1, no. 1 (October 28, 2019): 6–49. http://dx.doi.org/10.14296/ac.v1i1.5064.
Повний текст джерелаАнотація:
Foreign act of state, the principle that a domestic court will not ‘sit in judgment’ over the acts of foreign countries, is coming under increasing scrutiny, as illustrated by the recent case of Belhaj v Straw (2017). This article traces the emergence of the principle out of traditional rules of private international law that, according to Belhaj, continue to constrain the doctrine. The essay provides a practical guide to the doctrine for use by other judges, who will usually come across act of state in the context of a motion to dismiss or to strike out pleadings. The author reviews five key cases which have considered whether a ‘unifying’ doctrine exists apart from choice of law rules of private international law; whether the principle is one of jurisdiction, non-justiciability, or something different; and the nature of the ‘public policy’ exception. She suggests that the ‘disaggregation’ of act of state into four ‘rules’ posited in Belhaj will remain the organizing framework of the doctrine in the medium term—despite Lord Sumption’s attempts to condense it into one or two rules. She suggests the Supreme Court is departing from the notion of act of state as a broad and inflexible principle of jurisdiction and from the notion that courts should use it in cases where requested by the government to avoid embarrassment to its foreign policy. The author disagrees with the observation, made in Yukos Capital SAR v Rosneft Oil Co (2012), that non-justiciability—the notion that certain issues are inappropriate for domestic courts to adjudicate—has ‘subsumed’ act of state. Rather, it is doubtful that non-justiciability should continue to be regarded as part of the law of act of state. Whether act of state is restricted to acts taking place within the territory of the foreign state, whether it applies to all types of whether it applies to lawful as well as unlawful executive actions, or to judicial acts, still remain uncertain. The greater significance of Belhaj is seen to lie in the Court’s adoption of the public policy exception to act of state in certain circumstances. Five of the seven judges agreed that UK courts should adapt to modern conditions in the form of rules of public policy that are ‘sufficiently fundamental’ to distinguish the conduct in question (in Belhaj, alleged complicity in acts of torture) from other violations of international conventions.
5
Marongiu Buonaiuti, Fabrizio. "Recognition in Italy of filiation established abroad by surrogate motherhood, between transnational continuity of personal status and public policy = Il riconoscimento in Italia del rapporto di filiazione costituito all’estero tramite maternita’ surrogata, tra continuita’ dello status e ordine pubblico." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 2 (October 1, 2019): 294. http://dx.doi.org/10.20318/cdt.2019.4959.
Повний текст джерелаАнотація:
Abstract: A recent judgment by the Sezioni Unite of the Italian Corte di cassazione has ruled on a highly sensible and controversial issue, concerning the compatibility with the Italian public policy of a foreign court order, establishing a bond of filiation between a child born by surrogacy and the intended father, materially the same sex spouse of the biological father, despite the absence of any genetical link. The Sezioni Unite declared that such a court order could not be recognized, as incompatible with the Italian public policy. In so deciding, they appeared to have taken a step back as compared to an earlier judgment delivered by the first civil chamber of the same Corte di cassazione in 2016, where a more favourable attitude had prevailed. As compared to the said earlier judgment, the Sezioni Unite, besides distinguishing the circumstances occurring in the two cases, provided a more flexible reading of the public policy exception in private international law, partly overruling the narrower reading provided in the earlier judgment, which had limited its scope to those principles concerning the protection of fundamental rights enshrined in international and European instruments, as well as in the Italian Constitution. In the conclusions it reaches, the judgment by the Sezioni Unite reveals a substantial alignment with the solution envisaged by the European Court of Human Rights in its Advisory Opinion of 10 April 2019, contemplating adoption by the intended, non-biological parent, as the avenue by which the right of the child to his private life with that parent might be enforced.Keywords: Status filiationis, surrogate motherhood, public policy, recognition of personal and family status, Art. 8 ECHR.Riassunto: Una recente sentenza delle Sezioni Unite della Corte di cassazione ha affrontato una questione molto delicata e controversa, costituita dalla riconoscibilità in Italia di un provvedimento giurisdizionale straniero costitutivo di un rapporto di filiazione tra un minore e il padre di intenzione – materialmente il coniuge dello stesso sesso del padre biologico – in assenza di alcun legame genetico. Nell’affermare che un tale provvedimento non può essere riconosciuto in quanto in contrasto con l’ordine pubblico, le Sezioni Unite sono parse compiere un passo indietro rispetto a una precedente pronuncia della I sezione civile della stessa Cassazione del 2016, nella quale aveva prevalso un approccio di maggiore apertura. Rispetto a tale precedente pronuncia, le Sezioni Unite, oltre a sottolineare le differenze tra le fattispecie che si presentavano nei due casi, hanno adottato una definizione maggiormente flessibile del limite dell’ordine pubblico nel diritto internazionale privato, del quale la precedente decisione della sezione semplice aveva dato una lettura eccessivamente restrittiva, limitandone la portata a quei soli principi internazionalmente condivisi in materia di tutela dei diritti fondamentali e a quegli ulteriori principi che trovano affermazione nella Costituzione italiana. Nelle conclusioni raggiunte, la pronuncia delle Sezioni Unite rivela un sostanziale allineamento con la posizione assunta dalla Corte europea dei diritti dell’uomo nel suo parere consultivo del 10 aprile 2019, facendo riferimento all’adozione del minore da parte del genitore d’intenzione privo di legami biologici, come la via attraverso la quale il diritto del minore alla sua vita privata con tale genitore può ricevere tutela.Parole chiave: rapporto di filiazione, maternità surrogata, ordine pubblico, riconoscimento degli status personali e familiari, Art. 8 CEDU.
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de Oliveira, Leonardo V. P., and Isabel Miranda. "International Public Policy and Recognition and Enforcement of Foreign Arbitral Awards in Brazil." Journal of International Arbitration 30, Issue 1 (February 1, 2013): 49–70. http://dx.doi.org/10.54648/joia2013004.
Повний текст джерелаАнотація:
This article considers if and how Brazilian courts have applied the international public policy exception when deciding whether to recognize and enforce foreign arbitral awards. In Brazil, like other jurisdictions, according to Article V(2)(b) of the NewYork Convention on Recognition and Enforcement of Foreign Arbitral Awards (the 'New York Convention'), when a court is faced with a challenge, it has to determine if the public policy exception refers to its national public policy or international public policy. In the past ten years, arbitration in Brazil has gained prominence and the number of challenges to awards, both national and international, has generated several decisions on how Brazilian courts interpret the public policy exemption. This article presents the Brazilian and the international view of what the international public policy is, as well as how the Brazilian and the international view is expressed in their jurisprudence on the topic in order to demonstrate and compare the direction being taken on the public policy exception by Brazilian courts.
7
Kucher, Alyona, and Anton Asoskov. "Are Russian Courts Able to Keep Control over the Unruly Horse?" Journal of International Arbitration 30, Issue 5 (October 1, 2013): 581–89. http://dx.doi.org/10.54648/joia2013036.
Повний текст джерелаАнотація:
On 1 April 2013, the Higher Arbitrazh Court of the Russian Federation (HAC), Russia's highest commercial court, published Information Letter No. 156 dated 26 February 2013 on its website, in which it approved the Review of Arbitrazh Court Practice in Applying the Public Policy Exception as a Ground for Refusal to Recognize and Enforce Foreign Judgments and Arbitral Awards (the 'Review') and recommended that it be used as a guidance by all Russian Arbitrazh (commercial) Courts. Violation of public policy is one of the classic and perhaps the most frequently invoked objections to the recognition and enforcement in Russia of foreign judgments and arbitral awards. For this reason, it has been of vital importance for Russian court practice that a more precise definition of public policy, and the extent to which this concept should be applied, be formulated. The Review sets forth the legal positions of HAC based on specific cases where violation of public policy has been invoked. This article provides an overview of the main legal positions expressed in the Review.
8
Fassberg, Celia Wasserstein. "Rule and Reason in the Common Law of Foreign Judgments." Canadian Journal of Law & Jurisprudence 12, no. 2 (July 1999): 193–221. http://dx.doi.org/10.1017/s0841820900002228.
Повний текст джерелаАнотація:
Two tenets are central to the Common Law rules for enforcement and recognition of foreign judgments. The first is that, subject to public policy, the enforcing court does not review the substance of the decision; in other words, mistake is no defence. The second is that, apart from ensuring that the judgment was not obtained by fraud or through a breach of the requirements of natural justice, the prime consideration for enforcement is whether the foreign court was competent to issue the judgment; in other words, whether it had jurisdiction.These two tenets are eminently reasonable. A foreign judgment is after all both a judgment—like a local judgment, and foreign—like a right acquired under a foreign law. The validity of local judgments and of foreign unadjudicated rights depends on jurisdiction: local judgments depend on adjudicatory jurisdiction (often defined in the rules of service); foreign rights—on legislative or prescriptive jurisdiction (the jurisdiction of a system to regulate the situation substantively, as defined in choice-of-law rules). It thus seems appropriate to require jurisdiction of foreign judgments too. Local judgments, once final, are never subject to review, and can be attacked on the grounds that they were obtained by fraud only exceptionally. Rights acquired under a foreign law cannot be refused enforcement because of their substance and are subject only to the public policy exception. It thus seems appropriate to immunise foreign judgments from substantive review too. Foreign judgments—adjudicated rights—are of course different from foreign unadjudicated rights in that they are the product of a process. So, as in the case of local judgments, it should nonetheless be possible, in limited circumstances, to examine whether the process was tainted by fraud. So too, they differ from local judgments in that the process from which they emerge is not a local one; it cannot be relied upon in the same way as locally controlled and institutionalised procedures. It thus seems reasonable that, while prevented from reviewing the substance of a foreign decision, the court should be permitted to require of it a minimal level of procedural justice.
9
Junita, Fifi. "Judicial Review of International Arbitral Awards on the Public Policy Exception in Indonesia." Journal of International Arbitration 29, Issue 4 (August 1, 2012): 405–27. http://dx.doi.org/10.54648/joia2012027.
Повний текст джерелаАнотація:
The principle of non-review of arbitral awards on the merits is of foundational importance to the finality and enforceability of foreign awards. This paper examines the nature and scope of judicial review of international awards based on the public policy exception by the Indonesian courts. This article argues that the courts review the material findings of facts of the award expansively, relying on the public policy exception. It indicates that the courts do not only review errors in findings of fact, but they also engage in a full and independent re-examination of the factual basis that allegedly gives rise to the public policy violation. In the latter part of this article, the author concludes that the broad scope and meaning ascribed to the public policy exception under the Indonesian Arbitration law and the court's expansive intervention are likely to inhibit the finality of foreign awards in Indonesia.
10
Hariani, Anirudh. "Indian Arbitration and the Shifting Sands of Public Policy." Asian International Arbitration Journal 16, Issue 2 (November 1, 2020): 159–92. http://dx.doi.org/10.54648/aiaj2020020.
Повний текст джерелаАнотація:
The ‘public policy’ test is a statutory exception to the enforcement of arbitration awards. The doctrine has its roots in common law. At times, the test has been construed narrowly, and at other times, expansively. What actually constitutes and what is contrary to public policy, however, is never clear. This article seeks to trace the tumultuous development of the public policy doctrine in India, from its beginnings as a common law concept, to arrive at the current understanding of the doctrine and its parameters, in the context of Indian arbitration law. In the process, this article discusses the approach of Indian courts in limiting interference with foreign arbitration awards on the public policy ground. The author argues that it is necessary to further check the public policy exception in India, particularly in the context of enforcement of foreign awards and awards from international commercial arbitration, in view of the Indian government’s aim of making India a ‘hub of arbitration’. international, commercial, arbitration, India, public, policy, development, enforcement, foreign, award.
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Bansal, Chaman Lal, and Shalini Aggarwal. "Public policy paradox in enforcement of Foreign Arbitral Awards in BRICS countries." International Journal of Law and Management 59, no. 6 (November 13, 2017): 1279–91. http://dx.doi.org/10.1108/ijlma-09-2016-0079.
Повний текст джерелаАнотація:
Purpose The purpose of this paper is to analyze the specific legislative and judicial approaches of each of the BRICS countries toward recourse to public policy exception in the context of recognition and enforcement of foreign arbitral awards. Further, it points out the critical areas which need immediate attention to make these countries attractive destinations for parking of investments by international parties. Design/methodology/approach The study is a conceptual paper that provides knowledge of the critical areas which needs immediate attention to make BRICS countries attractive destinations for parking of investments by international parties. The first part of the paper examines a guide map to the international business community to devise their dispute adjudication strategies before committing investments in any of BRICS economies. The second part examined the variegated notions of the concept of public policy exception and the existence of differences in judicial approaches. The next parts analyzed the specific legislative and judicial approaches of each of BRICS countries toward recourse to public policy. Findings The BRICS countries need to spell out the universal principles applicable to construing the notion of public policy. It would reduce conflicts between national laws and help the municipal courts in determining the issue of enforceability of foreign awards by reference to a common yardstick. Hence, until a harmonized approach to public policy toward foreign awards is developed at an international level, the BRICS countries may take initiative to set up an inter-regional arbitration council to resolve intricate cases occurring in the field of application of public policy exception to foreign arbitral awards. Originality/value The paper is an original work of the author.
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Seymore, Malinda L. "International Adoption & International Comity: When Is Adoption “Repugnant”?" Texas Wesleyan Law Review 10, no. 2 (March 2004): 381–401. http://dx.doi.org/10.37419/twlr.v10.i2.4.
Повний текст джерелаАнотація:
Part II of this Article will examine the doctrine of international comity, traditionally thought to give courts the power to recognize foreign decrees, as it applies to international adoption. First, the ability of courts to recognize foreign decrees of "status" generally will be discussed. Next, the focus will be on courts' authority to recognize the parent-child status created by foreign adoptions. This subpart will also review treaties and statutes that touch on the recognition of foreign adoption decrees. Part III will consider a traditional limitation on comity-that courts need not accept judgments that are "repugnant" or against the public policy of the state-as it applies to international adoption. The Article concludes that courts find "repugnant" those international adoptions that fail to mimic American notions of a nuclear family. Finally, Part IV will suggest a child-centered approach to replace the "repugnance" limitation on international comity.
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Zachariasiewicz, Maciej. "Klauzula porządku publicznego a uznawanie zagranicznych orzeczeń, których przedmiotem jest uznanie wyroku lub stwierdzenie jego wykonalności." Problemy Prawa Prywatnego Międzynarodowego 24 (June 30, 2019): 21–46. http://dx.doi.org/10.31261/pppm.2019.24.02.
Повний текст джерелаАнотація:
The paper is devoted to the admissibility of recognition and enforcement of a judgment of a foreign court, the subject matter of which is recognition or declaration of enforcement of a judgment from yet another state (judgment on judgment). The issue is discussed in particular with reference to the public policy exception which constitutes a ground for refusal of recognition or enforcement of foreign judgments, both under Polish domestic law (the Code of civil procedure) and European law (Brussels I bis Regulation). It remains controversial whether the judgments on judgments should be recognized, thus benefiting from the so called “parallel entitlement”. The article takes a comparative approach, examining solutions adopted by various legal systems and analysing arguments for and against recognition of such decisions. The author takes the position that they should not be recognized (and that their enforceability should not be declared) in Poland, both under the Code of civil procedure (as with respect to judgments originating from non-EU states), as well as under EU legislation, in particular Brussels I bis Regulation. It is advocated that the concept of a “parallel entitlement” should be rejected.
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Vest, Lindsay Loudon. "Cross-Border Judgments and the Public Policy Exception: Solving the Foreign Judgment Quandary by Way of Tribal Courts." University of Pennsylvania Law Review 153, no. 2 (December 2004): 797. http://dx.doi.org/10.2307/4150667.
Повний текст джерела
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Costa, Daniel Carnio, and Cristiano de Castro Jarreta Coelho. "Situações que Levariam à Incidência da Cláusula de Barreira da Ordem Pública na Insolvência Transnacional no Brasil – Art. 167-A, § 4º da Lei N. 11.101/2005, Introduzido pela Lei N. 14.112/2020." REVISTA INTERNACIONAL CONSINTER DE DIREITO 14, no. 14 (June 30, 2022): 387–98. http://dx.doi.org/10.19135/revista.consinter.00014.17.
Повний текст джерелаАнотація:
Brazil internalized UNCINTRAL’s Model Law through bill 14.112/2020, act that aims, among others, cooperation between the courts that deal with the insolvence of a cross-board company. However, it was also internalized the exception of public policy, mechanism that allows a brazilian judge deny recognition of a foreign insolvence suit that is manifestly contrary to the public policy. This paper is framed from a finding that the approval of that bill is an international commitment adopted by the country and that the exception of public policy is a compromise of the country with its own civilization standards. From this premise, our propose is, with an empiral methodology, construct examples of manifestly contrary to the public policy. The aim desired, therefore, is establish theorical models of an appropriate application of the public policy exception.
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Dar, Wasiq Abass. "Understanding Public Policy as an Exception to the Enforcement of Foreign Arbitral Awards." European Journal of Comparative Law and Governance 2, no. 4 (November 11, 2015): 316–50. http://dx.doi.org/10.1163/22134514-00204002.
Повний текст джерелаАнотація:
The paper, as the title suggests, aims at understanding and exploring the doctrine of public policy as a ground for refusing enforcement of foreign arbitral awards. Public Policy is one such ground provided in the New York Convention as well as in the uncitral Model Law, which is most often invoked in the national courts to challenge or refuse the enforcement of foreign arbitral awards. What makes it more complicated is the lack of common world-wide definition of public policy or practice on its application, as the same varies from State to State. The traces of ambiguity, subjectivity (at the hands of the courts in terms of interpretation of the concept), and unpredictability associated with the concept of public policy have at times significantly thwarted the effectiveness and efficiency of international commercial arbitration. This paper attempts to understand and explore the enigma of public policy as an exception to the enforcement of foreign arbitral awards. Apart from revisiting various scholarly works on this issue, interpretation of this concept by various judicial institutions across the globe (with special focus on India, Pakistan, Bangladesh and Sri Lanka) has been attempted, followed by a comparative analysis, to analyse its application on the ground. This paper argues and suggests that a more desirable method of interpreting public policy, i.e. narrow interpretation, is the need of the hour, keeping in consideration the growing demands of international trade and commerce.
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SHIRK, SUSAN L. "Changing Media, Changing Foreign Policy in China." Japanese Journal of Political Science 8, no. 1 (March 14, 2007): 43–70. http://dx.doi.org/10.1017/s1468109907002472.
Повний текст джерелаАнотація:
China has undergone a media revolution that has transformed the domestic context for making foreign policy as well as domestic policy. The commercialization of the mass media has changed the way leaders and publics interact in the process of making foreign policy. As they compete with one another, the new media naturally try to appeal to the tastes of their potential audiences. Editors make choices about which stories to cover based on their judgments about which ones will resonate best with audiences. In China today, that means a lot of stories about Japan, Taiwan, and the United States, the topics that are the objects of Chinese popular nationalism. The publicity given these topics makes them domestic political issues because they are potential focal points for elite dis-agreement and mass collective action, and thereby constrains the way China' leaders and diplomats deal with them. Even relatively minor events involving China' relations with Japan, Taiwan, or the United States become big news, and therefore relations with these three governments must be carefully handled by the politicians in the Communist Party Politburo Standing Committee. Because of the Internet, it is impossible for Party censors to screen out news from Japan, Taiwan or the United States that might upset the public. Common knowledge of such news forces officials to react to every slight, no matter how small. Foreign policy makers feel especially constrained by nationalist public opinion when it comes to its diplomacy with Japan. Media marketization and the Internet have helped make Japan China' most emotionally charged international relationship.
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Schluep, Alexandra, and D. Brian King. "Application of Article V of the New York Convention in the Netherlands." Journal of International Arbitration 25, Issue 6 (December 1, 2008): 759–70. http://dx.doi.org/10.54648/joia2008060.
Повний текст джерелаАнотація:
The enforcement of a foreign arbitral award in the Netherlands is rarely refused by the Dutch courts. In applying Article V of the Convention, the Dutch courts tend to interpret restrictively the grounds for refusing recognition and enforcement; in particular, application of the public policy exception contained in Article V(2)(b) is limited to violations of international public policy, most notably substantial due process violations in the underlying arbitration proceeding or violations of European competition law.
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Dominelli, Stefano. "Unjustified Interruption of the Taking Evidence by the Court of Origin as a Ground to Refuse Cross-Border Enforcement Under the Brussels I Rules." Italian Review of International and Comparative Law 1, no. 2 (March 15, 2022): 392–404. http://dx.doi.org/10.1163/27725650-01020009.
Повний текст джерелаАнотація:
Abstract The contribution examines a recent decision by the Italian Corte di Cassazione rendered in matters of recognition and enforcement of foreign judgments issued in other European Union Member States. By analysing the reasoning of the Italian Corte di Cassazione in the application of the public policy test as a ground to refuse enforcement in Italy of a Polish ruling, the Corte di Cassazione’s methodological approaches are scrutinised against the background of the founding principles of mutual trust and free movement of decisions in the European judicial space. The conclusions of the Italian Corte di Cassazione are supported as it emerges from the commented decision that the public policy exception is applied in such a way to avoid an application that would go beyond its scope and purpose. More specifically, the circumstance a foreign decision has been adopted without an evidence being taken has not been considered to be in violation of a general substantive “right to evidence,” whilst it has been deemed that, in relevant fields of life, the lack of taking of an evidence already admitted to trial by the court of origin does constitute a breach of a (constitutionally protected) procedural fair trial in Italy.
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Qu, Guangyi, and Wei Shen. "Public Health and Investment Protection in the Context of the COVID-19 Pandemic—From the Sustainable Perspective of Exception Clauses." Sustainability 14, no. 11 (May 26, 2022): 6523. http://dx.doi.org/10.3390/su14116523.
Повний текст джерелаАнотація:
In response to the COVID-19 pandemic, various preventive and controlling measures have been taken by host states but may damage the interests of foreign investors and consequently result in international investment disputes. Confronted with potential international investment arbitration, the exceptions clause in international investment law is one of the host state’s defences. However, the public health exception clause is a general exception clause with uncertainty when investment arbitration takes place and investment arbitral tribunals interpret it. In the international society, sustainable development has gradually been recognized as a key principle in contemporary international law. Against this background, in the context of international investment, it is appropriate for host states to optimize the exception clauses in BITs or FTAs, thereby reducing the risk of arbitration concerning the host state’s regulatory measures to protect the public from the pandemic.
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Wu, Wanying. "The Balance Between the Public Order Preservation Policy and the Protection of Children's Interests in Cross-Border Surrogate Parentage." Asian Journal of Social Science Studies 7, no. 3 (March 28, 2022): 115. http://dx.doi.org/10.20849/ajsss.v7i3.1049.
Повний текст джерелаАнотація:
The international community is widely divided on the validity of surrogacy, which has led to the phenomenon of cross-border surrogacy conflicts and triggered the application of public order reservation on the issue of cross-border surrogacy and recognition of foreign surrogacy judgments. In the process of applying public order, the judges of various countries are prone to abuse their discretionary power due to the rigidity of the connotation and theory of public order, and the unclear standard of invoking public order, which interferes with family life and is detrimental to the protection of children. This paper argues that in the parent-child relationship of cross-border surrogacy, public order reservation and protection of children's interests are equally important issues, and cross-border surrogacy judgments should strike a reasonable balance between public order reservation and the principle of the best interests of children. Not only it is necessary to enrich the theory of public order reservation and improve the rules of its application, but the principle of the best interests of the child should be implemented to the greatest extent possible to protect the interests of the surrogate child.
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Nemirova, Natalia. "Russian-American relations in the public opinion of Russia and the USA." Vestnik of Saint Petersburg University. International relations 14, no. 4 (2022): 409–31. http://dx.doi.org/10.21638/spbu06.2021.403.
Повний текст джерелаАнотація:
The article is devoted to the study of Russian-American relations through the prism of public opinion of both countries. Foreign political views of citizens are an important element of international politics in the modern information society; they directly affect the development of international relations, providing an opportunity to legitimize and moralize foreign policy decisions of world leaders. Based on open secondary data from opinion polls, the article traces the history of the development of Russian-American relations in the post-Soviet period. The author proves that the formation of anti-Americanism ideas underlying the current reversion of consciousness to the Cold War era was formed by the early 2000s. The personality of President Vladimir Putin and his foreign policy strategy have become decisive for Russian-American relations, but at the same time, negative identification in the system of images of “friends and enemies” of Russians and Americans is realized by value-based foreign policy ideas, rather than by opportunistic situational value judgments. The media produces the existing crisis agenda, influencing the emotional, rather than meaningful response in citizens’ opinions. The events of 2014 triggered the current long-term crisis in Russian-American relations, a characteristic feature of which was the disparity (asymmetry) of mutual perceptions, which intensified after 2018. This period is also characterized by an increase in the ambivalence and turbulence of public opinion, primitivizing its model to the expression of the bloc consciousness “for — against”, “friend — enemy”. For Russians, their stance on the Ukrainian question alongside sanctions remain the key indicators in the perception of America. For Americans, such indicators are the strengthening of totalitarianism in Russia and interference in American elections. There are no short- and medium-term prospects for improving Russian-American relations in the current period.
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Herrmann, Richard K., Philip E. Tetlock, and Penny S. Visser. "Mass Public Decisions on Go to War: A Cognitive-Interactionist Framework." American Political Science Review 93, no. 3 (September 1999): 553–73. http://dx.doi.org/10.2307/2585574.
Повний текст джерелаАнотація:
How do Americans decide whether their country should use military force abroad? We argue they combine dispositional preferences and ideas about the geopolitical situation. This article reports the results of a representative national survey that incorporated five experiments. Findings include the following: (1) Respondent dispositions, especially isolationism versus internationalism and assertiveness versus accommodativeness, consistently constrained policy preferences, whereas liberalism-conservatism did not; (2) features of the geopolitical context—the presence of U.S. interests, relative power, the images of the adversary's motivations, and judgments about cultural status—also influenced support for military intervention; and (3) systematic interactions emerged between dispositions and geopolitical context that shed light on when and why ideological disagreements about the use of force are likely to be amplified and attenuated by situational factors. Our results are consistent with a cognitive-interactionist perspective, in which people adapt broad predispositions in relatively thoughtful ways to specific foreign policy problems.
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LIMENTA, MICHELLE, BAYAN M. EDIS, and OSCAR FERNANDO. "Disabling Labelling in Indonesia: Invoking WTO Laws in the Wake of Halal Policy Objectives." World Trade Review 17, no. 3 (July 20, 2017): 451–76. http://dx.doi.org/10.1017/s1474745617000167.
Повний текст джерелаАнотація:
AbstractThe 2014 Halal Product Assurance Act (Halal Act) is the first law in Indonesia requiring mandatory Halal certification and labelling. Local and foreign business entities, while in agreement that Halal assurance through certification and labelling is important for Muslim consumers, have expressed their anxiety over whether such requirements will mean extra costs, particularly for small and medium enterprises. At the same time, the mandatory labelling regime involves several WTO issues under the TBT Agreement, which raise questions regarding Indonesia's compliance with its obligations. As a defence, Indonesia could argue that its mandatory halal labelling measure falls under the exception for protecting ‘public morals’. The WTO panel in the US–Gambling dispute noted that the meaning of ‘public morals’ and ‘public order’ varied depending on a range of factors, including prevailing social, cultural, ethical, and religious values. Should the WTO allow all types of moral and religious belief, even if they restrict trade? How can public moral policy objectives be applied in ways that do not violate WTO law? This paper seeks to examine the WTO consistency of the new Indonesian Halal Act, and whether the public moral objective underlying mandatory halal certification/labelling can be defended as an exception in the context of the TBT Agreement.
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Le Grand de Belleroche, Diane, and Lily B. Teague. "A plea against withholding rights under French law: a view from the international practice." Revue critique de droit international privé N° 2, no. 2 (July 5, 2021): 304–10. http://dx.doi.org/10.3917/rcdip.212.0304.
Повний текст джерелаАнотація:
“Introducing again a droit de prélèvement which would be available for all heirs of all nationalities would create a new exception to the conflict of law rules which have been adopted in the regulation, in contradiction with its objective. In addition, it is far from certain that the reintroduction of this droit de prélèvement would necessarily come within the scope of the exception of public policy under article 35 of the regulation […] Indeed |…] the regulation aims at providing a greater predictability in the area of succession law […] and this could lead the European Court of Justice to consider that a Member State could not systematically exclude any foreign law which would not organise forced heirship rights. The reintroduction of a droit de prélèvement would therefore lead to a great risk of annulment of the new rules by the European Court of Justice in proceedings for failure to fulfil an obligation, or in proceedings for a preliminary ruling.” 1
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Kuzina, Oxana E. "Modern public diplomacy of Germany in the USA." Vestnik of Saint Petersburg University. International relations 16, no. 4 (2023): 385–401. http://dx.doi.org/10.21638/spbu06.2023.405.
Повний текст джерелаАнотація:
In the context of globalization, not only traditional, but also new ways and methods are required for the successful solution of foreign policy tasks. Modern Germany was no exception. Deprived of the resources of hard power for historical reasons, the state was particularly interested in introducing new tools for gaining influence in the international arena through public diplomacy. The purpose of the study is to identify the features of German public diplomacy and its capabilities in the implementation of foreign policy tasks in the United States. Firstly, the features of the German approach to public diplomacy are indicated. It is noted that the positive image of Germany is formed by the practical activities of a wide network of public diplomacy organizations that take into account the general strategies of the competent federal departments and, in particular, the German Federal Foreign Office. Secondly, the activities of the institutions of public diplomacy of Germany in the United States are analyzed. The main directions for bilateral cooperation are distinguished, namely culture, science and education, transatlantic values and economic cooperation. Thirdly, the question of their influence on the formation of a positive perception of the American population is raised. Their competitive advantages are provided by consistent, coordinated and open approaches. At the same time, the development of digital diplomacy in Germany is reduced to the creation of a large number of accounts for the representation of public diplomacy organizations in the United States without the active engagement of the population. The author concludes that at the present stage, the instruments of German public diplomacy in the United States are successful and have a positive impact on the perception of the state among the American population. However, with a radical change in the role of a junior partner in the international arena, the perception of Germany among Americans may worsen.
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Rathbun, Brian C., and Rachel Stein. "Greater Goods: Morality and Attitudes toward the Use of Nuclear Weapons." Journal of Conflict Resolution 64, no. 5 (October 16, 2019): 787–816. http://dx.doi.org/10.1177/0022002719879994.
Повний текст джерелаАнотація:
Recent research into the public’s attitude toward the use of nuclear weapons repeats long-standing mistakes in how international relations theorists think about morality. Falsely equating consequentialism with state egoism and normative obligations with restrictions on the use of weapons of mass destruction implies that ethically motivated beliefs about foreign affairs must be other-regarding and that other-regarding behavior is not utilitarian in character. Drawing on empirical research into moral psychology, we argue that liberal, other-regarding morality is only one kind of ethical foundation. Alternative moral concerns such as retribution, deference to authority, and in-group loyalty also help to determine foreign policy beliefs. We find that all three are associated with support for the use of nuclear weapons in the American public. Our survey respondents act as moral utilitarians who weigh different ethical considerations in forming their judgments.
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Goldstein, Gerald. "Perspectives canadiennes de droit international public et privé relatives à la maîtrise du territoire." Canadian Yearbook of international Law/Annuaire canadien de droit international 28 (1991): 29–116. http://dx.doi.org/10.1017/s0069005800004094.
Повний текст джерелаАнотація:
SummaryState sovereignty manifests itself through all the powers a state exercises over its territory: it is one of the basic components of sovereignty according to international law. Sovereign power involves controlling territory with a degree of efficiency sufficient to prove the existence of the state. But according to some, state sovereignty has now become less and less a matter of territorial control, and international law is now witnessing an erosion of the significance of territory. While the author admits the plausibility of this opinion when applied to states belonging to closely linked economic unions as the EEC, he challenges this statement when applied to Canada, even given the framework of the U.S.-Canada Free Trade Agreement. In Part I, this article gives a full account of the Canadian positions dealing with legally valid acquisition of territories through effective control and other means. It points out how Canada has been coherently committed to protect its territorial sovereignty in all the border and territorial disputes in which it was and is still involved. It explores how this country deliberately also committed itself to effectively controlling its vast terrestrial, aerial, and maritime territories.From this perspective, the author exposes in Part II the rather protective Canadian legal attitude when dealing with private international interests in Canada: how foreign investors are selectively allowed to own, control, possess, or otherwise acquire an interest in any part of Canadian land or real property through specific substantial rules or conflict of law rules; how Canadian federal and provincial laws deal with expropriating foreign-owned property or with foreign judgments affecting the same. In the view of the author, all these territorialist features strongly convey the idea that Canada still attributes a prime role to securing close control over its territory within its global policy of sovereignty and independence.
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Phull, Chetan. "U.S. Anti-suit Injunctions in Support of International Arbitration: Five Questions American Courts Ask." Journal of International Arbitration 28, Issue 1 (February 1, 2011): 21–50. http://dx.doi.org/10.54648/joia2011003.
Повний текст джерелаАнотація:
International arbitration is an increasingly popular dispute resolution mechanism, however, the threat of foreign court intervention unremittingly remains. It is therefore important for a party seeking to enforce an arbitration agreement to know which jurisdictions are most amenable to protecting arbitration agreements, and what courts in these jurisdictions consider material in deciding whether to issue an anti-suit injunction (ASI) against the party seeking to sidestep arbitration through a foreign court order. In the United States, courts in certain jurisdictions in particular have shown a willingness to protect arbitration agreements through ASIs, in the presence of certain factors. The author has uncovered five fact-specific questions from the case law produced by these courts that are material to the courts’ issuance of ASIs. In the abstract, the questions consider: actual refusal to arbitrate and parallel foreign litigation; recognition and enforcement of an arbitration award enjoined by a “competent authority” under the New York Convention; the res judicata effect of U.S. judgments; the strong public policy in favor of arbitration; and bad faith by the party seeking to hinder arbitration. The additional element of whether an ASI to enforce an arbitration agreement is requested from an offensive versus defensive position is also considered in the discussion of the five questions.
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Twardoch, Paulina, and Agata Kozioł. "10 Years of Application of the Polish Act on Private International Law of 2011." European Review of Private Law 30, Issue 4 (September 1, 2022): 581–612. http://dx.doi.org/10.54648/erpl2022029.
Повний текст джерелаАнотація:
The article presents the Polish courts’ application of the national Private International Law Act 2011 (PIL 2011) during the 10 years it has been in force. The analysis of jurisprudence is supplemented with observations on recent developments in Polish doctrine. The authors discuss correct and erroneous solutions adopted by courts, which are illustrated by provided examples of judgments regarding diverse legal issues. The article deals with mistakes consisting in ignoring the need to search for the applicable law. It also concerns, on the one hand, faulty perceptions and applications of newly introduced instruments (such as the so-called informative provisions or new conflict rules concerning issues that have not been regulated before in the conflictof- laws sphere) or of instruments shaped differently than in the past (such as renvoi). On the other hand, it considers problems that emerged in relation to mechanisms that are well known to Polish judges (such as the public policy exception). Challenges relating to delimiting PIL 2011 from other sources of PIL are also discussed.
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KARTTUNEN, MARIANNA, and MICHAEL O. MOORE. "India–Solar Cells: Trade Rules, Climate Policy, and Sustainable Development Goals." World Trade Review 17, no. 2 (April 2018): 215–37. http://dx.doi.org/10.1017/s1474745617000647.
Повний текст джерелаАнотація:
AbstractIndia–Solar Cells is one of a growing number of WTO disputes that highlight the continuing tensions between climate change polices (and renewable energy manufacturing initiatives in particular) and established multilateral trading rules. The United States alleged that Indian policies discriminated against foreign solar cell suppliers operating in the Indian market. The Appellate Body broadly rejected India's arguments to justify the measure either under Article III.8 public procurement derogations or as a general exception under ‘short supply’ and ‘compliance with laws and regulations’ provision of Article XX of the GATT. We argue that the Appellate Body was correct both on legal and economic grounds. The case does highlight the continuing need for clarity about the allowed parameters for climate change policies within the multilateral trade system.
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Sumant Kolhe, Varad. "PASL V. GE: Indian Parties’ Fillip to Foreign-seated Arbitrations, but at What Cost?" Asian International Arbitration Journal 17, Issue 2 (October 1, 2021): 193–208. http://dx.doi.org/10.54648/aiaj2021010.
Повний текст джерелаАнотація:
Can two Indian parties elect a foreign seat of arbitration? This question has been the epicentre of a long-standing divergence in judicial opinions across Indian courts. However, this divergence was put to rest by the Supreme Court of India in PASL Wind Solutions (P) Ltd. v. GE Power Conversion (India) (P) Ltd. (decision of 20 April 2021), ruling in favour of Indian-parties’ autonomy to elect a foreign-seat of arbitration. Recognizing party autonomy as the “brooding spirit” of arbitration, the Supreme Court overruled two judgments of the Bombay High Court (Seven Islands Shipping Ltd. v. Sah Petroleums Ltd and Addhar Mercantile Pvt. Ltd. v. Shree Jagdamba Agrico Exports Pvt. Ltd.) for not understanding the law (on foreign seated arbitrations between Indian parties) in its correct perspective. Further, it clarified that the term ‘international commercial arbitration’ (in the proviso to section 2(2) of Indian Arbitration and Conciliation Act, 1996) was ‘party-centric’, in the context of section 2(1)(f) of the Indian Arbitration and Conciliation Act, 1996. On the other hand, the same term, when seen in the context of section 44 of the Indian Arbitration and Conciliation Act, 1996, was qualified as ‘place-centric’. This note considers the ramifications of the Supreme Court’s approach in reaching these conclusions, identifying and addressing significant gaps and ambiguities that arise therefrom. Indian Parties, International Commercial Arbitration, Party Autonomy, Foreign Seat of Arbitration (International Chamber of Commerce), Place of Arbitration, Venue of Arbitration, Foreign Substantive Law, Foreign Awards, Enforceability of Foreign Awards, Public Policy, Overruling
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de Vries, Rachel Frid. "Jurisdictional Competition: Domestic Courts or Arbitral Tribunals? Lessons from the CJEU Judgments on EU’s Economic Agreements with Non-EU States." European Studies 9, no. 2 (December 1, 2022): 15–61. http://dx.doi.org/10.2478/eustu-2022-0013.
Повний текст джерелаАнотація:
Abstract Summary A judgement by a domestic court in an international economic dispute, where the parties have agreed on an International Dispute Settlement Mechanism (IDSM), may be legitimate from the perspective of domestic law. However, it might entail concerns from the perspective of third states and Public International Law (PIL). Such concerns might be aggravated by the broadening of delicate foreign relations elements and protections for investors woven into international economic agreements. In the absence of clear PIL rules for conflicts arising from overlapping jurisdictional claims, such jurisdictional issues are subject to the discretion of the domestic court. A tendency to adjudicate such claims is strongly demonstrated in the caselaw of the EU Court of Justice (CJEU). The CJEU’s jurisdictional attitude towards competing IDSMs is examined in the context of the recent CJEU caselaw on disputes under bilateral and multilateral investment treaties involving non-EU states and investors, where the parties have committed to arbitration. The analysis then focuses on CJEU judgments on disputed EU trade agreements with non-EU states controlling Disputed Territories (DTs), in particular, trade with Israeli controlled DTs, where the parties have agreed on an IDSM. These judgements present substantial competing jurisdictional issues, that were scarcely dealt with in the literature. Consequently, the CJEU’s jurisdictional policy provides an excellent basis on which normative conclusions can be drawn regarding the profound effect it may have on third states, foreign investors and on the development of rules for the resolution of international economic conflicts.
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Szabados, Tamás. "Constitutional identity and judicial cooperation in civil matters in the European Union – An ace up the sleeve?" Common Market Law Review 58, Issue 1 (January 1, 2021): 71–98. http://dx.doi.org/10.54648/cola2021004.
Повний текст джерелаАнотація:
The reliance on constitutional identity by EU courts and governments has been widely discussed in legal scholarship, but less attention has been devoted to the impact of constitutional identity-based arguments on the evolution of judicial cooperation in civil matters. Member States have increasingly relied on constitutional identity in the area of private international law to claim the application of their own law or reject the recognition of foreign situations. Constitutional identity can be invoked through the public policy exception, to avoid the normal operation of private international law rules. Member States can also refer to constitutional identity when staying outside the adoption of EU private international law rules, especially regarding family law. Constitutional identity can thus impede judicial cooperation in civil matters and contribute to the fragmentation of EU private international law. Constitutional identity does not grant unfettered freedom to Member States, however. The autonomous private international law rules of the Member States must respect EU fundamental principles if the situation demonstrates some connection to EU law and the public international law obligations assumed by the Member State concerned.
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Zinovieva, E. S., and V. I. Bulva. "Digital Diplomacy in Russian-European Relations: Cross-Cultural Aspects." Concept: philosophy, religion, culture 5, no. 4 (December 22, 2021): 30–40. http://dx.doi.org/10.24833/2541-8831-2021-4-20-30-40.
Повний текст джерелаАнотація:
The development of information and communication technologies and formation of the global information society actualizes the study of new directions in the evolution of diplomatic practice in the digital environment, including in the context of intercultural communication. The modern information revolution is characterized by the widespread and ever-growing use of social networks, blogs, wiki resources and other media platforms (labelled under the common term of Web 2.0 technologies). At the same time, the widespread use of Web 2.0 technologies and the increasing amount of time people all over the world spend there has a wide and profound impact on political and intercultural communication and diplomatic practice. A new phenomenon of digital diplomacy is gaining prominence among foreign policy tools of states and international organizations. Digital diplomacy can be defined as the use of social networks and Web 2.0 technologies in public diplomacy and international interaction by states and international organizations to achieve foreign policy goals and reach foreign audiences. According to the traditional view of digital diplomacy, which has developed in the academic literature, and is reflected in the works of authors such as M. Castells and J. Nye, it helps to strengthen network ties at the level of civil societies in different countries and thus reduces international conflicts. However, cultural differences and digital polarization can impede the potential of digital diplomacy. Today, almost all states and international organizations in the global arena are involved in the practice of digital diplomacy, and Russia is no exception. Russia actively participates in the digital diplomacy practice, by using social media and Web 2.0 tools as soft power instruments to introduce and explain foreign policy initiatives and reach foreign and domestic audiences, as stated in the Doctrine of the Information Security of Russian Federation of 2016. For Russia's foreign policy, relations with the EU countries and EU institutions are of particular importance, including in the digital sphere. However, even though both Russia and the EU countries make extensive use of digital diplomacy tools, the practice of horizontal network interaction mediated by digital technologies does not contribute to strengthening trust between countries and reducing conflicts. The authors consider incidents and allegations in the sphere of digital interaction and, based on the theory of digital polarization, conclude that the use of digital tools in horizontal interactions within digital diplomacy exacerbates intercultural differences between countries and increases conflict instead of improving mutual understanding.
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Dutton, David. "Simon and Eden at the Foreign Office, 1931–1935." Review of International Studies 20, no. 1 (January 1994): 35–52. http://dx.doi.org/10.1017/s0260210500117772.
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This is according to Protocol. More briefly ‘Dear Anthony meet me at Geneva. Yrs. Cleopatra’Very few of the figures who held responsibility for the making and direction of British foreign policy in the 1930s did so with much benefit to their subsequent historical reputations. Three of the four men who occupied the post of Foreign Secretary after the General Election of 1931 appeared in the cast list of the ‘Guilty Men’, vilified by the triumvirate of left-wing journalists who wrote under the pseudonym of ‘Cato’ in the dramatic summer of 1940. That vilification has been only partially redeemed by the efforts of later revisionist biographers. Certainly, Sir John Simon, Sir Samuel Hoare and Lord Halifax all left the Foreign Office with their political reputations lower in the public mind than at the time of taking office. The exception to this experience was, of course, the case of Anthony Eden who, at the time of his resignation in February 1938 after more than six years as a member of the National Government, stood, in Churchill's famous words, as the ‘one strong young figure standing up against long, dismal, drawling tides of drift and surrender’. The making of his reputation had begun in the early 1930s when Eden occupied only subordinate office within the administration. Yet an examination of the making of British foreign policy in the years 1931–5 will show that popular perceptions of Eden's position and of an apparently serious rift between him and his departmental superior were somewhat misleading.
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Steindl, Barbara. "Learned Lawyers Attest: It Is Advantageous To Be Right in (an Austrian) Court." Journal of International Arbitration 27, Issue 4 (August 1, 2010): 427–37. http://dx.doi.org/10.54648/joia2010024.
Повний текст джерелаАнотація:
This article reviews arbitration-related Austrian Supreme Court judgments rendered between January 2008 and February 2010. Proceedings dealing with claims that marginally refer to arbitration although neither of the parties’ allegations nor the courts’ analysis implicate Austrian or foreign arbitration and enforcement laws or treaties, as well as proceedings dealing with provisions of the Austrian Arbitration Law prior to its 2006 amendment which are not reflected in the current law, were disregarded. This review covers jurisprudence on the issues of (i) estoppel and public policy; (ii) the law applicable to the (substantive) validity of the arbitration agreements and their extension to third-party beneficiaries; (iii) the availability of partial set-aside; (iv) venire contra factum proprium under Article V(1)(a) of the New York Convention; (v) the admissibility of third-party intervention in arbitration; and (vi) the authorization required for an international arbitral institution’s body to certify arbitral awards.
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Kukavčić, Jasena, Ivo Bićanić, and Vjerana Spajić. "The Post Recession Growth Prospects of South East European Economies." Southeastern Europe 34, no. 2 (2010): 193–230. http://dx.doi.org/10.1163/187633310x507475.
Повний текст джерелаАнотація:
AbstractThis paper starts with a discussion of how the world recession as an external shock influenced the already vulnerable South East European (SEE) economies. All countries except Albania and Kosovo experienced a recession as well as a termination of the foreign debt based heating-up that generated high growth rates after 2000. The paper provides an overview of states' policy responses, with individual countries surveyed in the appendix. We argue that, with the exception of Albania, all SEE economies started with a fiscal expansion, which coincided with elections in which the existing governments were not re-elected. This was followed by public finance crises, fiscal consolidation and more active monetary policy which averted a financial crisis, with only three of these economies turning to the IMF for help. Nevertheless, the cumulative effect was an extended trough. The paper then discusses the recession's impact on growth in terms of three growth projections derived from historical experience and two ad hoc benchmarks. We examine the consequences of returning to a lower post recession growth trajectory and calculate the time required to return to secular growth and achieve chosen benchmarks. The conclusion for both is that convergence time varies from less than a decade to no convergence before 2040, with the exception of Albania.
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Bogdanova, Iryna. "Targeted Economic Sanctions and WTO Law: Examining the Adequacy of the National Security Exception." Legal Issues of Economic Integration 48, Issue 2 (May 1, 2021): 171–200. http://dx.doi.org/10.54648/leie2021010.
Повний текст джерелаАнотація:
Individual states increasingly rely upon targeted economic sanctions to achieve their foreign policy goals. The legality of such unilateral sanctions remains debatable in public international law. However, their proliferation and possible negative repercussions encourage targeted states to question their legality before international tribunals, including the World Trade Organization (WTO) dispute settlement system. Against this backdrop, the article analyses three types of recently enacted unilateral targeted sanctions. In particular, sanctions imposed on human rights grounds (‘Magnitsky-style sanctions’), those targeting perpetrators of cyber-attacks, and sanctions impacting trade in information and communications technology and services (ICTS) (e.g.,Huawei sanctions) are discussed. The subsequent analysis focuses on the possible WTO-inconsistency of these economic restrictions. Following this, the possibility to justify such sanctions under the national security exception of Article XXI(b)(iii) of the General Agreement on Tariffs and Trade (GATT) is explored. The conclusion emphasizes that the national security exception cannot be used to justify all types of unilateral economic sanctions, even if these measures are introduced to address national security concerns. This conclusion not only demonstrates inevitable boundaries of the national security clause but also reinforces the general tendency of questioning the legality of unilateral economic sanctions. economic sanctions, national security, WTO, Magnitsky-style sanctions, cyber sanctions, information and communications technology and services, Huawei sanctions
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Sanger, Andrew. "REVIEW OF EXECUTIVE ACTION ABROAD: THE UK SUPREME COURT IN THE INTERNATIONAL LEGAL ORDER." International and Comparative Law Quarterly 68, no. 1 (January 2019): 35–66. http://dx.doi.org/10.1017/s0020589318000374.
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AbstractIn January 2017, the UK Supreme Court handed down landmark judgments in three cases arising out of the UK government's conduct abroad. In Serdar Mohammed v Ministry of Defence, the Court considered whether detention in non-international armed conflicts was compatible with the right of liberty in Article 5 of the European Convention on Human Rights. The second case, Belhaj v Straw, involved an examination of the nature and scope of the foreign act of State doctrine, and its applicability as a defence to tort claims arising out of the alleged complicity of the UK Government in human rights abuses abroad. Finally, Rahmatullah v Ministry of Defence saw the Court examining the nature and scope of the Crown act of State doctrine, and its use as a defence to tort claims alleging unlawful detention and maltreatment. All three cases raise important doctrinal issues and have significant consequences for government accountability and access to a judicial remedy. At the heart of each decision is the relationship between international law and English law, including the ways in which international norms influence the development of English law and public policy, and how different interpretations of domestic law affect how judges resolve questions of international law. These cases also see the judges grapple with the role of the English court in the UK constitutional and international legal orders.
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Tonolo, Sara. "Adoption v. Surrogacy: New Perspectives on the Parental Projects of Same-Sex Couples." Italian Review of International and Comparative Law 1, no. 1 (October 15, 2021): 132–45. http://dx.doi.org/10.1163/27725650-01010007.
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Abstract In Italy all forms of surrogacy are forbidden, whether it be traditional or gestational, commercial or altruistic. Act n. 40 of 19/2/2004, entitled “Rules about medically-assisted reproduction”, introduces a prohibition on employing gametes from donors, and specifically incriminates not only intermediary agencies and clinics practising surrogacy, but also the intended parents and the surrogate mother too. Other penal consequences are provided by the Criminal Code about the registration of a birth certificate where parents are the intended ones, as provided by the lex loci actus (art. 567 of the Italian Criminal Code, concerning the false representation or concealment of status). Apart from the mentioned criminal problems, several aspects of private international law are involved. In the cases where national rules forbid the transcription of birth certificates for public policy reasons, specifically the prohibition of surrogacy, Italian Judges often seek solutions to enforce the status filiationis. In this case, the Italian Supreme Court intervenes in the debate, allowing the recognition of a foreign adoption order related to a procedure of surrogate motherhood in favour of a same-sex couple. Focusing on the recent evolution of the notion of international public policy the Supreme Court affirms that the inherent adoptive parental status acquired by a homogenitorial couple is not contrary to international public policy, when the effects of the act from which this status derives are not incompatible with the limits that cannot be exceeded constituted by the founding principles of the relational choices between intended parents and child (Article 2 of the Constitution, Article 8 ECHR), by the Best interest of the child as codified in the Italian Law 219/2012, by the principle of non-discrimination, by the principle of solidarity that is the basis of social parenting. Splitting the problem of the surrogacy, underlying the adoption order to recognize in this case, and narrowing the public policy exception, is highly evident the risk to suggest to same-sex couples to realize their parental projects putting in place the surrogacy within the legal systems where contemporary it is possible to carry out the adoption of the child born as a result of this procedure.
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Cabral, Inês, and Thomas Swerts. "Governing Precarious Immigrant Workers in Rural Localities: Emerging Local Migration Regimes in Portugal." Politics and Governance 9, no. 4 (October 28, 2021): 185–95. http://dx.doi.org/10.17645/pag.v9i4.4506.
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Over the last decades, the globalization of the food and agriculture sector has fueled international labor migration to rural areas in Southern Europe. Portugal is no exception to this trend, as the intensification of foreign investment in agriculture combined with a declining and ageing workforce created a demand for flexible immigrant labor. The Eastern European and Asian immigrant workers who answered the industry’s call were confronted with poor working conditions and lacking access to public services. In this article, we zoom in on the governance challenge that the presence of precarious immigrant workers (PIWs) poses to rural municipalities in the south of Portugal. The burgeoning literature on local integration policies mainly focuses on how cities deal with the challenge posed by international labor migration. This article draws on a detailed case study of the municipality of Odemira to argue that more attention needs to be paid to emerging local migration regimes in non-urban localities. By adopting a regime-theoretical approach, we study how power relations between the local government, civil society, and the private sector play out around the question of immigrant reception. Our study suggests that immigration policies in rural localities are increasingly being developed through cooperation and coproduction between public and private actors. First, we demonstrate how the presence of PIWs is perceived as a policy “problem” by each actor. Second, we outline how a governing coalition formed around the shared concern to improve arrival infrastructures, stimulate integration, mediate socio-cultural impact, and accommodate business interests. We conclude by critically questioning the impact that emerging local migration regimes have on the rights and social position of PIWs in rural contexts.
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Muñoz, Edgardo. "Mexican Punitive Damages in Commercial Arbitration: Forecasting the Future." Journal of International Arbitration 35, Issue 5 (October 1, 2018): 575–97. http://dx.doi.org/10.54648/joia2018030.
Повний текст джерелаАнотація:
In February 2014, the Supreme Court of Mexico, citing US scholarship and case law, held that punitive damages had to be awarded to a tort plaintiff as part of the indemnity afforded by Mexican law under the heading of moral damages (daños morales). Before this landmark decision, nothing similar to punitive damages existed in the Mexican legal system. In the context of arbitral proceedings, this new interpretation of moral damages gives rise to two questions at the core of the international discussion on punitive damages and arbitration. The first has regard to the power of arbitral tribunals with seat in Mexico to award punitive relief when the applicable substantive law, including Mexican law, contemplates it. The second is the possibility of enforcing foreign-based law punitive damages awards in Mexico. Despite the early stage and still incipient discussion regarding the true nature and application of punitive damages in Mexico, the author forecasts that, while they may be an available relief in arbitration proceedings in Mexico, this decision is a rare exception and their quantum limited. In addition, Anglo-American law based punitive damages awards may still find a public policy obstacle for their enforcement or grounds for their nullity in Mexico.
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Paramuzova, Ol'ga Gennad'evna, and Dmitrii Andreevich Yakovlev. "Conceptual analysis of the legal definitions of "sport citizenship" and "constitutional citizenship" (international legal aspects)." Международное право, no. 4 (April 2023): 92–103. http://dx.doi.org/10.25136/2644-5514.2023.4.69029.
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This article is devoted to the study of certain issues of international and domestic sports legal relations, and, above all, to the analysis of the concepts of "constitutional citizenship" and "sports citizenship". The issues of naturalization of athletes, compensation for the costs of their upbringing by the federation that naturalized them are very complicated. In the modern world, the role of sport in public relations continues to increase, which entails the need for high-quality legal regulation of this sphere of public relations. The study of the issues identified by the authors and the formulation of proposals with practical application is of particular relevance and, especially, in the context of the complication of these legal relations by the legally ambiguous geopolitical processes taking place in the interstate system. Through the methods of analysis, synthesis and a systematic approach, the process of studying normative legal acts and legal doctrines takes place. The use of the comparison method makes possible to assess the prospects of applying doctrinal judgments regarding the further codification of international law in the field of sports. The main conclusions of the study are the following: - currently there are significant gaps in the field of legal regulation of legal relations involving professional athletes; - in the field of national and international legal regulation of sports citizenship issues, there is a certain connection, as well as differences in the concepts of "constitutional citizenship" and "sports citizenship"; - it is necessary to implement a new codification of the norms of general international law, a more complete involvement of the mechanism of regional law-making; - a full and high-quality implementation of national rule-making activities in the field of sports legal relations, complicated by a foreign element, is required. The scientific novelty of the research consist in the fact that the authors of the article have made conceptual proposals that can be applied in real life during the implementation of the law enforcement process in the field of sports. Special emphasis was placed on the need to comply with the norms governing the issues of sports citizenship to modern realities, since mass migration in the world contributes to the growth of the number of people receiving new both constitutional and sports citizenship, which results in the events that we can observe in both the field of general state policy and in the field of professional sports.
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Gracheva, E. Yu, N. M. Artemov, and K. A. Ponomareva. "Transformation of the legal regulation of tax relations in the digital economy context." Law Enforcement Review 5, no. 3 (October 2, 2021): 45–56. http://dx.doi.org/10.52468/2542-1514.2021.5(3).45-56.
Повний текст джерелаАнотація:
The subject. The modern world is constantly changing, which makes it necessary to update the means and methods of legal regulation of public relations. Moreover, these relations themselves are changing, new areas of public relations are emerging, for which it is necessary to create a legal framework. The sphere of financial and legal regulation is no exception. The most important issue, which has been on the agenda of the international community for several years, is the development of the digital economy. The legal realities of digitalization largely determine what place the Russian economy will occupy in the emerging global digital market. It is necessary to develop a comprehensive legal concept that allows ensuring compliance with the fiscal interests of the state in the context of digital transformation. In this regard, the transformation of tax relations and their legal regulation is particularly important.Purpose of the study. The article is devoted to the transformation of the legal regulation of tax relations in the digital economy. In order for Russian financial and legal regulation to contribute to an effective response to the challenges posed by digitalization, it is necessary to develop a comprehensive legal concept that allows ensuring compliance with the fiscal interests of the state in the context of digital transformation. In this regard, the transformation of tax relations and their legal regulation is of particular importance.Methodology. The research was carried out with the application of the formally legal interpretation of legal acts as well as the comparative analysis of Russian and European legal literature. Structural and systemic methods are also the basis of the research. The main results. The necessity to develop legal solutions in the field of taxation of the digital economy is determined by the focus on legal support for the stability of financial and legal regulation and the principle of certainty of taxation. In these circumstances, it is important to implement the control function of financial law. The need to ensure compliance with the fiscal interests of the state, both at present and in the long term, requires the transformation of essential approaches to the legal regulation of the system of taxes and fees, the principles and elements of taxation, tax administration and tax control. In this regard, it is proposed to provide for special rules for calculating and paying income tax on foreign digital companies and, in parallel, to expand tax incentives for Russian companies.Сonclusions. The authors come to the conclusion that the actual scientific task is to develop a methodological position on the directions of reforming the national tax legislation and the international tax doctrine of the Russian Federation in the context of the digital transformation of public relations. According to the results of the study, it is concluded that it is necessary to ensure compliance with the fiscal interests of the state. This requires the transformation of essential approaches to the legal regulation of tax relations, both in the context of determining the appropriate legal forms for regulating the tax base levied in Russia in the context of the emerging digital economy, and for influencing international tax policy in order to use all the advantages provided by international tax cooperation and neutralize the threats caused by international tax competition.
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ZAIETS, O. "INSTITUTE OF MILITARY RISKS INSURANCE: IMPLEMENTATION OF NORMS OF INTERNATIONAL LEGISLATION." Economic innovations 24, no. 3(84) (September 20, 2022): 43–50. http://dx.doi.org/10.31520/ei.2022.24.3(84).43-50.
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Topicality. In almost all historical eras there have been attempts to reduce the misery caused by armed conflicts. The armed aggression of the Russian Federation against Ukraine, which began with the occupation of Crimea in February-March 2014, the hybrid war in Donbas since April 2014, and the open full-scale armed invasion on February 24, 2022, is not an exception, and is accompanied by an unprecedented destruction of the Ukrainian civilian population, including children, the destruction of Ukrainian cities, cultural and spiritual values forces the leadership of the country and ordinary people, in search of international protection, justice and punishment of the aggressor, to appeal to the norms of international law, regarding the search for compensation mechanisms for damages caused by using the possibilities of the insurance institute.Acquaintance with the foreign experience of conducting international insurance business will allow to form the prerequisites for the implementation of Ukraine's strategic course for integration into the global economic space. After all, the functioning of the insurance market of Ukraine in conditions of strengthening globalization and integration processes, trends of capital concentration in the financial sector of the economy determines the need to improve the methodical support of the functioning of the risk management system in insurance companies, taking into account world experience and military aggression from the Russian Federation.Aim and tasks. The purpose of the article is to contribute to the formation of fundamental knowledge regarding the peculiarities of conducting international insurance business and the functioning of the military risk insurance institute, its problems and modern trends, organizational-legal and financial-economic bases of activity and peculiarities of the implementation of international types of insurance and reinsurance for financing military risks, international experience of using financial instruments, forms of interaction between the insurance market and the capital market, the foundations of banking and insurance groups as institutions of the international insurance market.Research results. The implementation of the norms of international law covers various spheres of activity, starting from the adoption of legislative measures and ending with practical issues, for example, the implementation of certain methods and means of compensation for damages.The War Insurance Institute traces its origins to World War I legislation that created the agency to supplement the inadequate war insurance then available in the commercial insurance market. This agency, the Bureau of War Risk Insurance, had the authority to insure American vessels, freight, cargo, and crew against loss or damage caused by the risks of war. This agency was later abolished and its merchant shipping functions were taken over by the Maritime Administration, Department of Commerce.Risk is a concept that is universal in everyday use. It is simply an expression of the potential of a certain action to result in a certain loss. Risk is a combination of the probability of an event and its consequences. awareness of the consequences of various actions or events is clearly necessary to make informed decisions about public safety. If the core of a nuclear reactor melts down, there will be a massive release of radioactivity. Even if it were contained to a nuclear plant, the public trauma would cause pressure to shut down the nuclear industry, as happened in Japan. This key paradigm, which has been highlighted in the risk literature for more than half a century, shows that awareness of the probability of an adverse event should also be important to decision makers.War risk insurance is an insurance policy that provides financial protection to the policyholder against losses due to events such as invasions, insurrections, riots, strikes, revolutions, military coups and terrorism.Conclusion. The possibilities of insurance companies are also limited in the context of compensation for losses from hostilities. The Government of Ukraine should work on this complex issue. Carry out work on the assessment of losses that have already been caused or may be caused in the future in order to have grounds for bringing the aggressor to justice. The Russian Federation must pay. Also, the mechanism needs to attract international assistance to create a Fund from which compensation will be paid. The creation of such a Fund guarantees the coverage of losses of vehicles - wagons, planes, barges, etc.The Institute of Military Risk Insurance needs to focus on the following conclusions: military risk insurance is the coverage of losses arising from such events as war, invasion, insurrection, riots, strikes and terrorism; military risk insurance is offered as a separate policy, as it is excluded from standard insurance policies due to high risks; companies operating in high-risk countries are good candidates for military risk insurance; military risk insurance is often excluded from standard policies due to the inability of insurance companies to accurately predict losses and, therefore, charge appropriate premiums.
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KOSTIUK, Anton Mihailovich. "FROM TRADITION TO INNOVATION: A STUDY OF RIGHT-WING CONSERVATIVE PARTIES IN CONTEMPORARY POLAND." Epistemological Studies in Philosophy Social and Political Sciences 6, no. 1 (July 30, 2023): 100–108. http://dx.doi.org/10.15421/342313.
Повний текст джерелаАнотація:
The purpose of this article is to systematize and generalize information about the political right-conservative movement in modern Poland. In the course of the study, the potential for support for right-wing parties exists in every society. It can grow due to two groups of factors. The first concerns issues related to the difficult economic situation, the modernization of societies or cultural aspects, which are called demand-related in the literature. The second large group consists of supply factors: factors of possible political success (structure of political opportunities), electoral rules, inter-party competition, the role of the mass media, the structure of political divisions or the role of the winning ideology. Polish right-wing conservatism and nationalism is characterized, both in the past and in the present, by a powerful influence on the social and political life of the Republic of Poland, acting as a fundamental element of the unification of the Polish people. This movement retains its traditional features, which are reflected in the ideology of the Polish ruling party “Law and Justice”, which adheres to a national-conservative orientation with elements of clericalism, maintains close ties with the Catholic Church and organizations close to it. In the period after coming to power (2015), “PiS” slowly but steadily lost its Christian-democratic character and evolved into a conservative political force. This allowed “PiS” to win elections for a long time, and in 2023, it allows it to maintain leading positions in public opinion polls regarding support for political parties. In the field of international relations, supporters of “PiS” operated with judgments that expressed the ideas of nationalism, presenting the Poles as a strong nation that should occupy an important place among other countries. The process of creating right-wing conservative political parties and associations in Poland continues on an ongoing basis. The strengthening of nationalist movements in Poland takes place with the support of the state authorities of the Republic of Poland and is accompanied by a gradual shift of emphasis on controversial historical issues in the direction of nationalist ideology. Despite official Warsaw providing political support to Kyiv in the international arena in connection with the Russian military threat, the authorities of the Republic of Poland have no intention of blocking anti-Ukrainian activities carried out by Polish national-patriotic right-wing movements. This is due to the preparation of the ruling elite for the celebration of the 80th anniversary of the tragic events in Volyn in 2023, as well as the parliamentary election campaign. In the future, the activation of radical right-conservative formations on the territory of the Polish-Lithuanian Commonwealth may lead to protest actions in Poland, the purpose of which will be the dissemination of information unfavorable to our state in the Polish information space, which will have a negative impact on the formation of the foreign policy vector of the Polish-Lithuanian Commonwealth in the Ukrainian direction.
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Konev, Kirill A. "In expectation of intervention: The image of the Entente countries and the United States in the non-Bolshevik periodical press of the East of Russia in November 1917 - August 1918." Vestnik Tomskogo gosudarstvennogo universiteta, no. 476 (2022): 14–23. http://dx.doi.org/10.17223/15617793/476/2.
Повний текст джерелаАнотація:
Under the conditions of society's movement towards a civil war at the end of 1917 - the first half of 1918, the images of “Others” (allies or opponents) acted as meaningful elements of the constructed identities of its potential participants and influenced the ideas they put forward. An analysis of the formation of the image of the UK, France, Japan and the USA in the non-Soviet periodical press of the East of Russia in the period from the end of 1917 to the summer of 1918 reveals the peculiarities of the foreign policy context's influence on public sentiment and the content of propaganda discourses of political opponents of the Bolsheviks. The aim of this work is to determine the content of the image of the Allies, constructed in the periodical press of the East of Russia, and to identify its influence on the ideological aspect of the formation of the anti-Bolshevik movement at this stage. The main source for the study were non-Soviet newspapers and magazines - party, cooperative and private publications published in the Urals, Siberia and the Far East in the period from November 1917 until August 1918. The author comes to the conclusion that the image of the Entente countries and the United States, which was formed in the non-Bolshevik periodical press of the East of Russia at that time, was distinguished by the duality of content. The change in value judgments, which were elements of this image, depended on a number of factors - the incoming information about the policies of the allied countries and the course of the World War, the perception of the external and internal political actions of the Bolsheviks, the peculiarities of the functioning of the information field itself. According to socialists (Social Democrats and SocialistRevolutionaries), the “imperialistic” Entente and the United States were no longer allies and helpers of Russia, which was sometimes expressed in the using of the term “former allies”. The analysis of the vicissitudes of international relations from the point of view of the class approach seriously forced the Siberian “revolutionary democracy” to fear an invasion from the East, which undoubtedly promoted to the formation of an opinion about the allies as a threat in the relevant publications. Liberals, in particular, the publications of constructive democrats, did not agree with their opponents from the left and viewed allies more as a potential helper, although they expressed concerns about the consequences of a possible intervention. At the same time, the key value-based attitude of the anti-Bolshevik forces was also being formed - the necessity of rallying society and creating a firm government capable of starting the revival of the country. Both socialists and liberals persistently sought to root in the minds of readers the idea that the unity of the whole society around the Constituent Assembly would create a new government - more effective than the Soviet one, thereby ensuring peace and avoiding the intervention of the Entente and the United States.
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Khan, Zaffar, Kathryn Siriram, and Kyren Greigg. "Fiscal incentives promoting REEE measures in Trinidad and Tobago." World Journal of Science, Technology and Sustainable Development 11, no. 3 (July 29, 2014): 196–213. http://dx.doi.org/10.1108/wjstsd-06-2014-0013.
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Purpose – Dependence on foreign energy supplies have resulted in some islands successfully harnessing alternative and renewable energy (RE) sources in order to provide a small degree of self-sufficiency. However, the development of Trinidad and Tobago's (T&T's) RE industry has stagnated largely due to the existence of substantial energy subsidies, which present cheap fuel and electricity prices thus providing a disincentive to RE investment. The purpose of this paper is to seek to re-enforce the necessity for an indissoluble government intervention in the establishment of well-designed, coordinated and innovative public-private partnerships for a successful RE industry in T&T. Design/methodology/approach – This paper is based on a review of relevant social and economic literary sources; the research topic has been meticulously investigated. Findings – Initial outcomes indicate that the principal facilitators of RE proliferation in the Caribbean, and more so T&T, will require: gradual reduction of the energy subsidy; declining project costs via fiscal incentives and grant financing; expectation of beneficial rates of return on investment through the guarantee of optimal prices for renewable electricity or the revenue gained from the sale of carbon credits; and capacity building, institutional strengthening and implementation of appropriate legislative and regulatory instruments which provide open access to the national grid. Research limitations/implications – With the exception of T&T, Caribbean nations are heavily dependent on oil and gas imports to meet their primary energy requirements. The investigation conducted has limited documentation on cases of a similar nature within the region. The outcome of the steps identified above are based on conjecture using information gained from international situations. Practical implications – The study helps clarify the crucial role of T&T's government in the successful development of the RE industry. Resources and earnings should be used to develop T&T's infant RE industry and hence reduce the carbon footprint of the nation. Originality/value – Past attempts by the government to promote RE an energy efficiency in T&T have been passive and prevaricated. In addition to outlining the existing fiscal initiatives available to the population, this paper provides short-, medium- and long-term recommendations for the sustainability of RE in T&T. While subsidy reform, among others, poses a challenge it is nonetheless imperative if T&T is to move forward. With the abundance of solar, wind and waste-to-energy resources there is great potential for a successful RE industry in T&T. More than just policy will be required to drive change; greater commitment by the government to ensure the sustainability and economic viability of T&T while also attempting to alter the mindset of the citizenry to act as effective stewards of the island's resources for the well-being of future generations.
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Piirimäe, Kaarel. "“Tugev Balti natsionalistlik keskus” ning Nõukogude välispropaganda teel sõjast rahuaega ja külma sõtta [Abstract: “The strong Baltic nationalistic centre” and Soviet foreign propaganda: from war to peace and toward the Cold War]." Ajalooline Ajakiri. The Estonian Historical Journal, no. 4 (September 10, 2019): 305–36. http://dx.doi.org/10.12697/aa.2018.4.03.
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Abstract: “The strong Baltic nationalistic centre” and Soviet foreign propaganda: from war to peace and toward the Cold War
This special issue focuses on censorship, but it is difficult to treat censorship without also considering propaganda. This article discusses both censorship and foreign propaganda as complementary tools in the Soviet Union’s arsenal for manipulating public opinion in foreign countries. The purpose of such action was to shape the behaviour of those states to further Soviet interests. The article focuses on the use of propaganda and censorship in Soviet efforts to settle the “Baltic question”– the question of the future of the Baltic countries – in the 1940s. This was the time when the wartime alliance was crumbling and giving way to a cold-war confrontation.
The article is based on Russian archival sources. The Molotov collection (F. 82), materials of the department of propaganda and agitation of the Central Committee (CC) of the CPSU (F. 17, opis 125), and of the CC department of international information (F. 17, opis 128) are stored in the Russian State Archive of Socio-political History (RGASPI). The collection of the Soviet Information Bureau (F. R8581) is located at the State Archive of the Russian Federation (GARF). The article also draws on previous research on Soviet propaganda, such as Vladimir Pechatnov’s and Wolfram Eggeling’s studies on the work of the Soviet Information Bureau (SIB) and on discussions in the Soviet propaganda apparatus in the early postwar years. However, this article digs somewhat deeper and alongside general developments, also looks at a particular case – the Baltic problem in the Soviet contest with the West for winning hearts and minds. It analyses Soviet policies without attempting to uncover and reconstruct all the twists and turns of the decision-making processes in Moscow. The archival material is insufficient for the latter task. Nevertheless, a look into the making of Soviet propaganda, the techniques and practices utilised to bring Soviet influence to bear on an important foreign-policy issue (the Baltic problem), is interesting for scholars working not only on propaganda and censorship but also on the history of the Soviet Union and Estonia, Latvia and Lithuania.
The Baltic question was related, among other things, to the problem of repatriating people from the territories of the Soviet Union who had been displaced during the Second World War and were located in Western Europe at the war’s end. Moscow claimed that all these displaced persons (DPs) were Soviet citizens. This article helps correct the view, expressed for example by the Finnish scholar Simo Mikkonen, that the Soviet propaganda campaign to attract the remaining 247,000 recalcitrants back home started after a UN decision of 1951 that condemned repatriation by force. This article clearly shows that propaganda policies aimed at the DPs were in place almost immediately after the war, resting on the war-time experience of conducting propaganda aimed at national minorities in foreign countries. However, Mikkonen is right to point out that, in general, repatriation after the Second World War was a success, as approximately five million people in total returned to the USSR. The Baltic refugees were a notable exception in this regard.
Research shows that despite displays of obligatory optimism, Soviet propagandists could critically evaluate the situation and the effectiveness of Soviet agitation. They understood that war-time successes were the result of the coincidence of a number of favourable factors: victories of the Red Army, Allied censorship and propaganda, the penetration by Soviet agents of the British propaganda apparatus, etc. They knew that the British media was extensively controlled and served as a virtual extension of Soviet censorship and propaganda. Nevertheless, the Soviets were wrong to assume that in the West, the free press was nothing but an empty slogan. Moscow was also wrong to expect that the Western media, which had worked in the Soviet interest during the war, could as easily be turned against the Soviet Union as it had been directed to support the USSR by political will. In actual fact, the Soviet Union started receiving negative press primarily because earlier checks on journalistic freedom were lifted.
The Soviet Union may have been a formidable propaganda state internally, but in foreign propaganda it was an apprentice. Soviet propagandists felt inferior compared to their Western counterparts, and rightly so. In October of 1945, an official of the SIB noted jealously that the Foreign Department of the British Information Ministry had two thousand clerks and there were four hundred British propagandists in the United States alone. Another Soviet official in the London embassy noted in February of 1947 that they had so few staff that he was working under constant nervous strain.
Soviet propagandists were aware of the problems but could not effect fundamental changes because of the nature of the Stalinist regime. The issue of foreign journalists working in Moscow was a case in point. The correspondents were handicapped in their work by extremely strict censorship. They could report mostly only those things that also appeared in Soviet newspapers, which was hardly interesting for their readers in the West. There had been suggestions that some restrictions should be lifted so that they could do more useful work and tell more interesting and attractive stories about the Soviet Union. Eventually, during Stalin’s first postwar vacation in the autumn of 1945, Foreign Minister Vyacheslav Molotov took the initiative and tried to ease the life of the press corps, but this only served to provoke the ire of Stalin who proceeded to penalise Molotov in due course. This showed that the system could not be changed as long as the extremely suspicious vozhd remained at the helm. Not only did correspondents continue to send unexciting content to newspapers abroad (which often failed to publish them), the form and style of Soviet articles, photos and films were increasingly unattractive for foreign audiences. Such propaganda could appeal only to those who were already “believers”. It could hardly convert.
Moscow considered the activities of Baltic refugees in the West and the publicity regarding the Baltic problem a serious threat to the stability of the Soviet position in the newly occupied Baltic countries. Already during the war, but even more vigorously after the war, the Soviet propaganda apparatus realised the importance of tuning and adapting its propaganda messages for audiences among the Baltic diaspora. The Soviet bureaucracy expanded its cadres to enable it to tackle the Baltic “threat”. Estonian, Latvian and Lithuanian officials were dispatched to the central organs in Moscow and to Soviet embassies abroad to provide the necessary language skills and qualifications for dealing with Baltic propaganda and working with the diaspora.
The policy was to repatriate as many Balts as possible, but it was soon clear that repatriation along with the complementary propaganda effort was a failure. The next step was to start discrediting leaders of the Baltic diaspora and to isolate them from the “refugee masses”. This effort also failed. The “anti-Soviet hotbed” of “intrigues and espionage” – the words of the Estonian party boss Nikolai Karotamm – continued to operate in Sweden, the United States and elsewhere until the end of the Cold War. All this time, the diaspora engaged in anti-Communist propaganda and collaborated with Western propaganda and media organisations, such as the Voice of America, Radio Free Europe and even Vatican Radio. In the 1980s and 1990s, the diaspora was instrumental in assisting Estonia, Latvia and Lithuania to regain their independence from the collapsing Soviet Union. They also helped their native countries to “return to Europe” – that is to join Western structures such as the European Union and NATO. Therefore, the inability to deal with the Baltic problem effectively in the 1940s caused major concerns for the Soviet Union throughout the Cold War and contributed to its eventual demise.