The European Union and the Future International Legally Binding Instrument on Marine Biodiversity Beyond National Jurisdiction

Author(s):  
Pascale Ricard
2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.


2001 ◽  
Vol 19 (2) ◽  
pp. 1-21
Author(s):  
Michael Werz

Recent debates about the future of the European Union have focusedin large part on institutional reforms, the deficit of democratic legitimacy,and the problem of economic and agrarian policies. As importantas these issues may be, the most crucial question at the momentis not whether Europe will prevail as a union of nations or as a thoroughlyintegrated federal structure. What is of much greater concernis the fact that political structures and their corresponding politicaldiscourses have lagged far behind the social changes occurring inEuropean societies. The pivotal transformation of 1989 has not beengrasped intellectually or politically, even though its results areincreasingly visible in both the east and west.


2004 ◽  
Vol 6 ◽  
pp. 1-34
Author(s):  
Anthony Arnull

The purpose of this article is to consider the effect of the draft Treaty establishing a Constitution for Europe on the European Court of Justice (ECJ). At the time of writing, the future of the draft Constitution is somewhat uncertain. Having been finalised by the Convention on the Future of Europe in the summer of 2003 and submitted to the then President of the European Council, it formed the basis for discussion at an intergovernmental conference (IGC) which opened in October 2003. Hopes that the text might be finalised by the end of the year were dashed when a meeting of the IGC in Brussels in December 2003 ended prematurely amid disagreement over the weighting of votes in the Council. However, it seems likely that a treaty equipping the European Union with a Constitution based on the Convention’s draft will in due course be adopted and that the provisions of the draft dealing with the ECJ will not be changed significantly. Even if either assumption proves misplaced, those provisions will remain of interest as reflecting one view of the position the ECJ might occupy in a constitutional order of the Union.


Author(s):  
S. Pogorelskaya

The article describes the transformation of German policy towards the European Union after the reunification of Germany, German proposals to overcome the Euro crisis of 2010–2011 and the future role of Germany in the EU.


Holotipus ◽  
2021 ◽  
Vol 2 (1) ◽  
pp. 1-2
Author(s):  
Daniela Pessani

The oceans are a vast yet fragile environment, and one of the biggest issues scientists have to tackle today is the conservation of marine biodiversity. In 1975, to try to address the physical, chemical and biological alteration of these delicate ecosystems, 16 Mediterranean States together with the European Union, implemented the Mediterranean Action Plan (MAP). The aim was to safeguard the marine environment and promote its development in the Mediterranean basin.


2019 ◽  
Vol 5 (1) ◽  
pp. 174
Author(s):  
Oleh Predmestnikov ◽  
Vitaliy Gumenyuk

The policy of Ukraine for the establishment and development of relations with the European Union began in 1993, was carried out all the years of Ukraine’s existence, and received intensive deepening with the beginning of the formation of an international treaty – the Association Agreement, which includes a list of legal, social, economic, and technical regulations, and Deep and Comprehensive Free Trade Area (DCFTA), in 2014 and its final signing in 2017. Political and economic objectives of the Agreement are of fundamental importance to the future of both Ukraine and the whole European region. The political goal is to implement European standards on the territory of Ukraine. This implies the introduction of fundamental European values, namely democracy, rule of law, respect for human rights and the standards of the European security system. The Agreement does not foresee membership in the European Union, however, does not exclude such an opportunity in the future. The economic goal is to help to modernize the Ukrainian economy by expanding trade volumes with the EU and other countries, as well as reforming economic regulation mechanisms in line with the best European practices. Subject to the improvement of the business climate, Ukraine will become attractive for foreign and domestic investment for further production for export to the EU and other markets of the world. Harmonization of standards and European regulations has become a much more important process than the fulfilment of strictly technical requirements and underlies the introduction of effective governance without corruption. In the process of harmonization of interaction, an adaptive institutional mechanism was formed (the highest level – annual Summits; the key coordinator is the Association Council, consisting of members of the Council of the European Union and members of the European Commission, and members of the Cabinet of Ministers of Ukraine; the level of operational coordination – the Association Parliamentary Committee, which includes members of the European Parliament, representatives of the Verkhovna Rada of Ukraine, and the Civil Society Platform; in order to coordinate processes on the territory of Ukraine, the Ukrainian government has introduced a few supervisory committees and commissions). The harmonization of the economic aspect of the mechanism has been determined in solving issues of openness of markets for duty-free import from Ukraine in April 2014, obtaining a visa-free regime with the EU, abolishing export-import tariffs, implementing European technical standards for food safety, phytosanitary norms, competition policy, service provision, and public procurement policy. The issues of further deepening of relations include a review of the terms for the introduction of regulations and legislative provisions before their actual implementation, stabilization of financial and economic processes in the country, and further development of democratic values and social institutions.


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