Soil Protection Programmes and Strategies in Other Community Member States: The UK Approach to Soil and Landscape Protection

Author(s):  
P. J. W. Saunders
2019 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Yijia Chen

The European Soil Framework Directive was the first policy approach of soil protection at the European level. It had an objective to protect soils across Europe and maintain the sustainability of soil functions. Notwithstanding the significance of the directive along with both the current state and the trend of the soil in Europe were negative, it had been strongly blocked by five member states of the European Union since it was adopted in 2006, encompassing the UK, Germany, France, the Netherlands, and Austria. The proposal was withdrawn formally on 21 May 2014 by the European Commission without any official statement of reasons. Consequently, this study aimed at the reasons for the withdrawal and the amendments to the directive, which contributed to restoring its role in soil conservation. It ascertained the reasons and proved some recommendations principally via a deductive approach and qualitative research. The results demonstrated that the resistance of the five main blocking countries was the direct factor in the withdrawal. Behind the statements of opponents, financial difficulties and political issues were the possible underlying reasons. Hence, the European Commission could arrange more meetings and change some provisions to eliminate the misunderstanding with its member states. On the other hand, it is sensible for the opponents to be more flexible to deal with the directive, for instance, establishing the benefits from the articles as well as more approaches for solving the problem of financial shortage.


Author(s):  
Olha Ovechkina

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.


2021 ◽  
pp. 108-126
Author(s):  
Merve Demir ◽  
Iain Green ◽  
Tilak Ginige

Carbon is crucial for life and exists in various reservoirs, such as plant tissues, soil organic matter, geology, and atmosphere. There is a direct relationship between carbon dioxide (CO2) levels in the atmosphere and rising temperatures. CO2 is removed from the atmosphere and stored in ecosystems. Carbon sequestration (CS) – the process of capturing and storing atmospheric CO2 – and expanding C storage of soils are appealing climate change (CC) responses. Agricultural soils are one of the largest C reservoirs and have potential for extended CS. Thus, protecting this ecosystem service (ES) we obtain from soils is crucial for addressing CC. Soil protection legislation should incorporate the significance of CS. The key issues in the sphere of natural resources can only be addressed by utilizing natural sciences in legal arguments. Accordingly, this study begins with highlighting the importance of soils for CS from a natural science perspective. This study analyses soil protection laws in the UK by scrutinizing whether they eliminate pressures on agricultural soils in a way that protect CS. The findings of this study suggest that soil protection laws do not offer a satisfactory protection for CS. We conclude by discussing alternative approaches for protecting CS in an effective manner and reverse the current trends in ES protection.


Author(s):  
Radovan Malachta

The paper follows up on the arguments introduced in the author’s article Mutual Trust as a Way to an Unconditional Automatic Recognition of Foreign Judgments. This paper, titled Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit: Overview discusses, whether there has been a loss of mutual trust between the European Union and the United Kingdom after Brexit. The UK, similarly to EU Member States, has been entrusted with the area of recognition and enforcement of judgements thus far. Should the Member States decrease the level of mutual trust in relation to the UK only because the UK ceased to be part of the EU after 47 years? Practically overnight, more precisely, the day after the transitional period, should the Member States trust the UK less in the light of legislative changes? The article also outlines general possibilities that the UK has regarding which international convention it may accede to. Instead of going into depth, the article presents a basic overview. However, this does not prevent the article to answer, in addition to the questions asked above, how a choice of access to an international convention could affect the level of mutual trust between the UK and EU Member States.


Author(s):  
In-Sook Jung

Since the inception of digital terrestrial TV (DTT) in the United Kingdom on September 23, 1998, many countries have developed keen interests in this changing landscape of digital television. Soon after, the U.S. also started DTT on November 1, 1998, and other countries such as Germany, France, Japan, and Korea would join the technological trend. Most countries are scheduling the transition of analog TV into digital TV by around 2010 (Table 1). In the digitalization process, each government has two main concerns; one is about when the conversion from analog to digital TV (DTV) is scheduled, and the other is about how smoothly the schedule is completed. While the U.S. currently set analog switch-off for February 17, 2009, the European Commission has planned that switchover from analog TV should be completed in Member States by 2012. The spectrum plans of Member States in the EU said to be flexible enough to allow the introduction of other electronic communications services, along with DTT (Indepen, Ovum, & Fathom, 2005). According to EU Directive, the UK is planning to finish the switchover in 2012 and Germany in 2010. In Asia, South Korea is expected to be completed in 2010, Japan in 2011, and China in 2015. Unlike government-announced timetables, each country has some difficulties in keeping for the transition process so that the successful conversion within the scheduled timeline may not be possible. Thus, this article first examines which kinds of problems and alternatives are emerging in the policy process for DTV transition in several countries. Secondly, it attempts to find the global implication from what sorts of DTV transition issues are observed in most countries and from how they are broaching the problems of existing regulation systems and the social conflicts among stockholders, especially in Asian countries.


Author(s):  
Federico Fabbrini

This chapter analyses the European Union during Brexit, explaining how the EU institutions and Member States reacted to the UK’s decision to leave the EU. It outlines how they went about this in the course of the withdrawal negotiations. The EU institutions and Member States managed to adopt a very united stance vis-à-vis a withdrawing state, establishing effective institutional mechanisms and succeeding in imposing their strategic preferences in the negotiations with the UK. Nevertheless, the EU was also absorbed during Brexit by internal preparations to face both the scenario of a ‘hard Brexit’—the UK leaving the EU with no deal—and of a ‘no Brexit’—with the UK subsequently delaying exit and extending its EU membership. Finally, during Brexit the EU increasingly started working as a union of 27 Member States—the EU27—which in this format opened a debate on the future of Europe and developed new policy initiatives, especially in the field of defence and military cooperation.


2019 ◽  
pp. 461-478
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
The Core ◽  
Opt Out ◽  
The Law ◽  

This chapter looks at the background to the Working Time Regulations, the core working time rights and the specifics of the law. It then considers some of the arguments that have been raised both for and against such regulation. The Working Time Regulations regulate daily rest, weekly working time, weekly rest and annual leave, among other matters. The maximum weekly working time is forty-eight hours, but the UK has retained an opt-out to this, so a person can agree to work more hours. The opt-out remains extremely controversial amongst fellow European Member States. The chapter also considers remedies if the rights are breached.


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