scholarly journals The TBT Panels: US–Cloves, US–Tuna, US–COOL

2013 ◽  
Vol 12 (2) ◽  
pp. 327-375 ◽  
Author(s):  
ROBERT HOWSE ◽  
PHILIP I. LEVY
Keyword(s):  
Economic Analysis ◽  
The State ◽  
International Standards ◽  
Legal Analysis ◽  
National Treatment ◽  
Economic Issues ◽  
Appellate Body ◽  
Key Points ◽  
Labeling Requirements ◽  
Technical Regulations

AbstractIn a series of controversial 2011 decisions, WTO DSM Panels sought to reconcile legitimate regulatory interests of the state with various obligations to treat imported products in an even-handed and not unnecessarily trade-restrictive manner. Among the key points of contention were which obligation pertained in each case – national treatment, limits on technical regulations, or rules governing standards. In each case, the Panel imposed significant restrictions on national regulatory practices, and in each case the Panel reasoning was challenged by the Appellate Body. This paper addresses some of the key legal and economic issues raised in the original Panel decisions, leaving the late-breaking Appellate Body decisions for future analysis. Given the unsettled nature of the terrain, the economic analysis focuses primarily on the question of national treatment, while the legal analysis deals with other interesting points that emerge from these rulings, such as the appropriate level of deference to international standards and the legitimacy of labeling requirements.

Part 10 Enforcement: Exécution, Art.106 Supervision of enforcement of sentences and conditions of imprisonment/Contrôle de l’exécution de la peine et conditions de détention

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
Fundamental Rights ◽  
International Standards ◽  
National Treatment ◽  
Receive Treatment

This chapter comments on Article 106 of the Rome Statute of the International Criminal Court. Article 106 strikes a balance between the general carceral system applicable in the State of enforcement that applies to the Court's prisoner, and the requirement of generally accepted international standards drawn from human rights instruments. This ‘national treatment’ clause was originally introduced to ensure that prisoners of the Court would not receive treatment that was worse than that of ordinary prisoners. The primary function of the provision is protecting the fundamental rights of the prisoner. The article also declares that Communications between a sentenced person and the Court shall be unimpeded and confidential.

scholarly journals Administration of Customs Payments: International Standards for the Interaction of Tax and Customs Authorities

2019 ◽  
Vol 23 (1) ◽  
pp. 106-121
Author(s):  
M. A. Ryl’skaya ◽  
S. O. Shokhin ◽  
O. G. Bobrova ◽  
A. Y. Kozhankov ◽  
N. V. Eremeeva
Keyword(s):  
Task Force ◽  
The State ◽  
International Standards ◽  
Legal Analysis ◽  
Federal Law ◽  
State Budget ◽  
Excise Taxes ◽  
Eurasian Economic Union ◽  
The World ◽  
Financial Action Task

The authors have formulated and consistently proved the hypothesis that well-functioning interaction of tax and customs authorities is required to increase the effciency of the state revenues administration. The mechanism of this interaction should be formed when implementing the standards of the World Customs Organization and the World Trade Organization into the Russian legislation. The research is particularly relevant since Federal Law No. 289 of 03.08.2018 “On Customs Regulation” has entered into force. This law includes article 222 “Interaction and cooperation of customs and tax authorities”. As scientifc and practical results, promising areas for development have been worked out: improving unifed mechanism of customs, tax administration and currency control based on integrated innovative technologies; implementing international standards developed under the auspices of the World Customs Organization; creating prerequisites for the transition to the payment of import customs duties and taxes after the release of goods for law-abiding business; redistributing functions of customs and tax authorities. The authors propose to leave the control of import duties payments for the customs authorities, and to delegate the control of VAT and excise taxes on imported goods payments to the tax authorities. The article includes the results of a comparative legal analysis of the acts of the World Customs Organization, the Financial Action Task Force on Money Laundering (FATF), the Organization for Economic Cooperation and Development (OECD) and the Agreement on Cooperation of the Federal Customs Service and the Federal Tax Service of Russia. It justifes the conclusion that the studied cooperation is the most important tool for the customs payments administration. This is confrmed by the statistics on additional and pre-leased revenues to the state budget based on the results of joint and coordinated verifcation activities. The result of the study is the formulation of promising areas for improving the interaction of customs and tax authorities in the Eurasian Economic union (EAEu) and Russia.

scholarly journals Japan – Countervailing Duties on Dynamic Random Access Memories from Korea (DS 336 and Corr.1, adopted 17 December 2007)

2009 ◽  
Vol 8 (1) ◽  
pp. 259-272 ◽  
Author(s):  
MEREDITH A. CROWLEY ◽  
DAVID PALMETER
Keyword(s):  
Economic Analysis ◽  
Random Access ◽  
Causal Link ◽  
Direct Transfer ◽  
Legal Analysis ◽  
Appellate Body ◽  
Countervailing Duties ◽  
The Relationship

AbstractThis article analyzes the decision of the WTO's Appellate Body in the dispute between Japan and Korea over Japan's imposition of countervailing duties on DRAMs imported from Korea. The legal analysis comments on the analysis of evidence, the lack of remand authority in the WTO system, and the meaning of a ‘direct transfer of funds’. The economic analysis discusses several issues related to determining the magnitude of the benefit to a firm of a financial bailout and the appropriate duration of a countervailing duty to offset the injury caused by a non-recurrent subsidy. We offer legal and economic criticisms of the Appellate Body's conclusion regarding the relationship between subsidies and injury to the domestic import-competing industry. We conclude that the Appellate Body's decision weakens the requirement of a causal link between subsidies and injury and, consequently, may open the door to protectionist abuse of the Subsidies and Countervailing Measures Agreement.

scholarly journals Legal Regulation of Interaction of Security Service of Ukraine with Civil Society in Counteracting Terrorism

2019 ◽  
Vol 74 (3) ◽  
pp. 10-17
Author(s):  
A. Yu. Helzhynskyi
Keyword(s):  
Civil Society ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
International Terrorism ◽  
Legal Analysis ◽  
Counter Terrorism ◽  
Terrorist Activity ◽  
Legal Method ◽  
Security Service

The relevance of the research is determined by the prerequisites for the rise in the levels of terrorist threats in Ukraine and the development of international terrorism. In response to these threats, the state creates protective mechanisms, increasing the level of protection of the population, since this is one of its main tasks. However, this system does not fully meet its objectives without cooperation with civil society. That is why, one of the current tasks is to unite the efforts of the state and civil society institutions in fighting against terrorism. Every citizen and civil society in the whole is a stakeholder and partner in the fight against terrorism. Citizens should be active participants. Therefore, the article provides a legal analysis of the interaction of the main agency in the state system of combating terrorist activity – the Security Service of Ukraine with civil society and clarifies the ways of implementing the state policy on counteracting terrorism. The comparative legal method of the study analyzes the source base of national law concerning the interaction of the Security Service of Ukraine with civil society in fighting against terrorism. The practical relevance of the study is determined by the ability to use the main points and conclusions of the study to further studies of the problems of the interaction of counter-terrorism actors with civil society. As a result of the analysis of the normative base on the interaction of the Security Service of Ukraine with civil society in fighting against terrorism, it can be stated about the state's efforts to implement the main points of the UN Global Counter-Terrorism Strategy. In general, Ukraine's anti-terrorist system meets international standards in the field of counteracting terrorism. However, national legislation is the subject to improvement in the field of counteracting terrorism with the involvement of civil society institutions in eliminating the conditions and causes of terrorist activity.

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

scholarly journals Government Communication Strategies during Coronavirus Pandemic: United Arab Emirates Lessons

2021 ◽  
pp. 097206342098309
Author(s):  
Ahmed Farouk Radwan ◽  
Sheren Ali Mousa
Keyword(s):  
Health Communication ◽  
Risk Communication ◽  
United Arab Emirates ◽  
Communication Strategies ◽  
The State ◽  
International Standards ◽  
Individual Responsibility ◽  
Communication Model ◽  
Digital Platforms ◽  
Government Communication

Government communication introduced important lessons during the worldwide experience with the COVID-19 pandemic. It is important to apply known efficacious principles of risk and health communication strategies. The purpose of the study is to depict and explore the United Arab Emirates government communication scenario in tackling the COVID-19 pandemic as well as look at the types of strategies, information and messages delivered via digital mediums to handle challenges that are raised based on the Crisis and Emergency Risk Communication model. The study includes a qualitative analysis of two government bodies’ digital platforms: ‘The Ministry of Health and Prevention’ (mohap) and ‘Crisis and Disasters Management Authority’. Results indicated that the UAE government used different communication aims and strategies to face the pandemic according to the risk management scenario. In the quarantine phase, communication focused on giving people information about the disease, raising awareness about the disease, motivating health and behaviour change, informing people about government decisions and procedures. In the coexistence phase communication focused on emphasising the necessity of adherence the health measures, providing information on re-work in institutions and commercial centres, involving people in the health and social initiatives, confronting non-compliance with health precautions. Government communication also focused on facing rumours and false information. UAE government communication used digital platforms and social media to address more than 200 nationalities living in the state for ensuring that they adhere to the precautionary measures and coordinate with the authorities. Government communication was committed to a set of values including equality between citizens of the state and residents, societal and individual responsibility, recognising the frontline medical staff and acknowledging their sacrifices. UAE implemented an integrated, coherent and effective scenario to deal with the crisis. It developed risk communication strategies in health communication to manage the COVID-19 crisis by following international standards and also took into account its own political, economic, social and cultural features. The UAE government used many strategies to inform and convince people including clarification of measures strategy, reassurance strategy, ambiguity reduction strategy, behaviour efficacy strategy, correcting misinformation and rumours, advising strategy.

theoretical and legal analysis of the position of the prosecutor’s office in the system of separation of powers

2021 ◽  
Author(s):  
Vladislav Topilin ◽  
Roman Fedorov
Keyword(s):  
Scientific Knowledge ◽  
Legal Status ◽  
Separation Of Powers ◽  
Executive Branch ◽  
The State ◽  
Legal Analysis ◽  
State Structure ◽  
Independent State ◽  
State Apparatus

The article is devoted to the problems of the legal status of the prosecutor’s office in the system of separation of powers. In the study, the author uses grammatical (philological, linguistic) logical, systematic and other methods of scientific knowledge. The author proposes to separate the prosecutor’s office into a separate (supervisory) branch of government, which will not belong to either the executive branch or the judicial branch, as a result of which the state will receive an independent state structure that will be able to exercise its supervisory functions independently of anyone, which will allow for better and faster suppression of possible violations by any branch of government, as well as improve the work of the state apparatus as a whole.

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