Administrative Law and Multi-Level Administration: An EU and US Comparison

2009 ◽  
Vol 11 ◽  
pp. 211-246
Author(s):  
Catherine Donnelly
Keyword(s):  
The United States ◽  
Administrative Law ◽  
The European Union ◽  
Member States ◽  
Us States ◽  
The Us ◽  
Multi Level ◽  
Eu And Us ◽  
The Impact ◽  
The Eu

Abstract The aim of this chapter is to assess what, if anything, administrative law can demonstrate about multi-level administration in the European Union and the United States. The particular focus of the examination is not on the content of administrative law in each legal order, but rather on the impact of EU and US federal administrative law on the Member States and US States respectively. It will be seen that, while US federal administrative law has primarily only influential effect on US States, EU administrative law is often binding on Member States. This observation challenges presumptions often made, particularly in political science, as to the degrees of inter-penetration in administration in the EU and the US. It will be argued that the cause of divergence is largely derived from differing judicial attitudes as to the fundamental tenets of the co-operation between the different levels of administration, and indeed, more general understandings of federalism in the two jurisdictions. In this way, this study also provides a useful prism through which to consider integration in the EU and US more broadly.

Administrative Law and Multi-Level Administration: An EU and US Comparison

2009 ◽  
Vol 11 ◽  
pp. 211-246
Author(s):  
Catherine Donnelly
Keyword(s):  
The United States ◽  
Administrative Law ◽  
The European Union ◽  
Member States ◽  
Us States ◽  
The Us ◽  
Multi Level ◽  
Eu And Us ◽  
The Impact ◽  
The Eu

AbstractThe aim of this chapter is to assess what, if anything, administrative law can demonstrate about multi-level administration in the European Union and the United States. The particular focus of the examination is not on the content of administrative law in each legal order, but rather on the impact of EU and US federal administrative law on the Member States and US States respectively. It will be seen that, while US federal administrative law has primarily only influential effect on US States, EU administrative law is often binding on Member States. This observation challenges presumptions often made, particularly in political science, as to the degrees of inter-penetration in administration in the EU and the US. It will be argued that the cause of divergence is largely derived from differing judicial attitudes as to the fundamental tenets of the co-operation between the different levels of administration, and indeed, more general understandings of federalism in the two jurisdictions. In this way, this study also provides a useful prism through which to consider integration in the EU and US more broadly.

scholarly journals TRADE POLICY OF THE EUROPEAN UNION AND THE UNITED STATES OF AMERICA UNDER THE COVID-19 PANDEMIC

2021 ◽  
Vol 2 (1) ◽  
pp. 53-59
Author(s):  
Viktoriya Mashkara-Choknadiy ◽  
Yuriy Mayboroda
Keyword(s):  
Foreign Trade ◽  
Trade Policy ◽  
Social Life ◽  
The United States ◽  
The European Union ◽  
Foreign Trade Policy ◽  
The Us ◽  
The Usa ◽  
The Impact ◽  
The Eu

The pandemic of COVID-19 has influenced all sectors of social life, including the global economy and trade relations. The year of 2020 was marked with significant changes in internal and foreign economic policy of almost all nations. The purpose of the paper is to study the measures taken by the EU and the USA as the world's leading economies to regulate their foreign trade in the global crisis caused by the COVID-19 pandemic. The tasks of the study are to show the influence of the crisis on changes of global trade policy in front of the threat to national security. Methodology. The study is based on the results of statistical analysis of data provided the WTO and the UNCTAD. The authors show an analytical assessment of the foreign trade indicators of the EU and the USA. Methods of comparison and generalization were used to formulate conclusions on regulatory trends in foreign trade of the US and the EU. Results allowed identifying specific features and changes in the regulation of foreign trade of the EU and the US, assessing the impact of the pandemic on their foreign trade. It was found that both mentioned players of the world economy have actively introduced both deterrent and liberalization measures during 2020, which were aimed at providing the domestic market with scarce COVID-related goods. The study shows the transition from export restricting to import liberalizing measures in foreign trade policies from the start of pandemic to the late 2020. Practical implications. Understanding and predicting the possible actions of partners (the US and the EU in this case) in the field of foreign trade regulation is an important practical aspect, which has to be taken into account when developing Ukraine's foreign trade policy. Value/originality. The study of foreign trade policy of the world's leading countries allows us to understand the behavior of governments of the countries that are largely dependent on participation in international trade in their development, to draw conclusions about the most common instruments of foreign trade policy in the time of humanitarian and economic crises.

scholarly journals FORMATION OF THE MODERN CONCEPT OF EUROPE IN THE CONTEXT OF SOCIAL NEO-INSTITUTIONALISM

2019 ◽  
Vol 5 (4) ◽  
pp. 221
Author(s):  
Andrii Falkovskyi ◽  
Olga Dzhezhik
Keyword(s):  
European Union ◽  
Future Development ◽  
Scientific Discourse ◽  
Modern Concept ◽  
The European Union ◽  
Member States ◽  
Multi Level ◽  
Modern Europe ◽  
The Impact ◽  
The Eu

In the scientific discourse of the XXI century, the concept of modern Europe is being reformed under the influence of reforming the activities of the European Union. Scientific publications and research are conducted based on a study of the policies of the European Union countries, EU institutions and structural elements, and the problems that arise in the process of activity and development. The concept of modern Europe is a general term that embraces European values, the European standard of living, European policy, and European priorities, giving the concept of European studies a stable association with the European Union. In this context, the main causes and consequences for the scientific discourse, political practice, and future development of European countries must be considered. Neoinstitutionalists have attempted to analyse institutions based on atomistic methodology. Institutional transformations, processes of intra-European integration and enlargement of the EU, discussions on membership and exit from the EU raise issues of identity and development of governance in Europe. Europeanisation can be seen as a discourse, governance, and institutionalisation. The first interpretation emphasizes that modern Europe is a discourse, not only ideological but also administrative. In this sense, Europeanisation can be a means of expression of institutional globalization through domestic policy. In the article, the hypothesis is put forward and proved that the interpretation of the concept of modern Europe directly correlates with the future development of the European Union and its members. The dissemination of exclusive practices will help to spread the ideas of radical “Eurosceptics”, which could lead to the collapse of the European Union. The inclusive aspect of the concept of Europe is represented by the ideas of “Europeists” who, based on the common history, culture, mentality of the peoples of Europe, substantiate the positive influence on the state development of integration, non-state cooperation, and extrapolation of EU norms and principles into the new territories of Europe. There are three main reasons for shaping the concept of Europe as the boundaries of EU policy: The consolidation of political positions of the European Union and its growing role as an actor in world politics; Essence of the EU enlargement concepts; Features of development within the European community. The modern concept of Europe is considered in the context of a modern multi-level governance model. Therefore, Europeanisation is the interaction of different layers of interests, including structures of regional, multi-level governance, legitimacy of domestic and foreign policy. The impact of the multi-level governance system on the functioning of public administration systems in the Member States and neighbouring countries is considered. Four approaches are identified based on the analysis of relationships between different levels of governance. The necessity of formulating new theoretical paradigms defining the relations between the Member States and the technocratic institutions of the EU, as well as between the Europeanised system of national agencies and the ministries overseeing their activities, has been proved.

scholarly journals PROBLEMS OF EU-CHINA RELATIONS IN SOLVING THE IRANIAN NUCLEAR PROGRAM'S ISSUE

2021 ◽  
pp. 151-166
Author(s):  
O.Y. Cheban ◽  
A.S. Kraskova
Keyword(s):  
Nuclear Weapons ◽  
The United States ◽  
The European Union ◽  
European Security ◽  
Nuclear Program ◽  
Republic Of China ◽  
The Us ◽  
History Of ◽  
The Impact ◽  
The Eu

It is proven in the paper that the chosen topic is relevant due to the impact of China and the EU on the negotiations about the regulation of the Iranian nuclear program’s issue. In the article, it is done a comparative analysis of the policy of the EU and China regarding the regulation of the Iranian nuclear program’s problem. It is also mentioned in the paper that since the time of the US presidential administration of Donald Trump, the EU and China have been seen as valuable actors in resolving the Iranian nuclear program’s issue. For this reason, the main purpose of the work is a review of the influence that China’s and EU’s policies regarding the development of the nuclear program of the Islamic Republic of Iran (IRI) exert on European security. The history of China-Iran relations in the nuclear sphere and the important role of China in the development of the Iranian nuclear program is mentioned in the paper. It is also noted that the fact that the EU countries are partners or allies of the United States, which is the main rival of the IRI, has complicated the dialogue between the European Union and Iran. It is shown in the paper that during Mahmud Ahmadinejad’s presidency, the Iranian nuclear program was not controlled by the international community, and because of that China supported sanctions of the UN Security Council against Iran. As it is mentioned in the article, until the end of the 2000s, the EU, as well as the People’s Republic of China (PRC), did not support the US policy toward Iran. The Iranian-Chinese relations in the nuclear field were studied. It is mentioned that despite the fact that China is interested in exporting Iranian energy resources, Beijing will never accept Iran’s possession of nuclear weapons. It is assumed that the fact that China does not support the nuclear weapons status of Iran gives it the opportunity to cooperate with the EU in case Iran decides to acquire nuclear weapons. It is noticed that China had a major impact on the negotiations related to signing the Joint Comprehensive Plan of Action (JCPOA), i. e. the nuclear agreement with Iran. The further actions of the EU and the PRC after the dissolution of the JCPOA are mentioned in the paper. The scenarios of further development of the situation around the Iranian nuclear program were reviewed. As a result of the research, it is concluded that China and the EU have played a significant role in achieving the JCPOA and conducting diplomatic negotiations with Iran. The strengthening of Beijing’s role as a key partner of Teheran and the decrease of the EU’s impact on Iran’s foreign policy were mentioned in the paper.

CLIMATE GOVERNANCE TOWARDS “PARIS-2015” AND BEYOND: EU AND US PERSPECTIVES

2015 ◽  
Vol 24 (1) ◽  
pp. 143-158
Author(s):  
Christine Bakker
Keyword(s):  
Emission Trading ◽  
The United States ◽  
The European Union ◽  
Legal Norms ◽  
International Response ◽  
Adoption And Implementation ◽  
The Us ◽  
Eu And Us ◽  
Trading Scheme ◽  
The Eu

In view of the Paris Climate Conference in December 2015, where the adoption of a universal, binding climate agreement is foreseen, this note examines the respective roles of the European Union (EU) and the United States (US) in shaping the international response to climate change, and considers the prospects for the adoption and implementation of such a new climate agreement. It considers how the EU and the US have contributed to the design and implementation of the relevant international legal norms, addressing the shift in leadership from the US to the EU in the 1990s, EU activism through the Emission Trading Scheme (ETS) and ambitious emission reductions, and the renewed commitment from the Obama Administration since 2013, including US-China cooperation. This article discusses the EU and US perspectives on the adoption and implementation of a new climate agreement, focusing on its legally binding nature. The author concludes that an adequate system of monitoring and verification mechanisms at the domestic and international levels is a conditio sine qua non for any new climate agreement. A system of “checks and balances”, limiting the role of international law to one offacilitation, rather than prescription, may be the first step towards an innovative and more effective normative framework.

The ‘Hydrogen Economy’ in the United States and the European Union

2018 ◽  
Author(s):  
Ruven Fleming ◽  
Joshua P Fershee
Keyword(s):  
Climate Change ◽  
European Union ◽  
The United States ◽  
Motor Vehicles ◽  
Transport Sector ◽  
The European Union ◽  
Hydrogen Economy ◽  
The Us ◽  
The Impact ◽  
The Eu

The chapter provides a wide-ranging look at prospects for ‘the hydrogen economy’ regarding fuel. In the European Union, hydrogen may be a means to address the intermittency of supply in the renewables sector. The US emphasis on hydrogen to operate motor vehicles contrasts with the EU’s broader climate change driven move to explore alternatives to fossil fuel. Regarding drivers of energy innovation, it is striking that the US introduction of hydrogen is specifically aimed at the transport sector and was driven by security of supply reasons rather than climate change. Further technological innovation is evident in that hydrogen can be injected into the natural gas grid or stored in dedicated reservoirs. In this regard, the chapter analyses the legal innovations required, by considering the impact on and interaction with the storage provisions of the EU Gas Directive and the proposed storage provision in the recast Electricity Directive.

scholarly journals The Trend of Scientific Productivity of Chinese, EuropeanUnion, and United States Universities and Private Companies: Does the Future Belong to E-Technology Companies?

Publications ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 18
Author(s):  
Mauro G. Carta ◽  
Matthias C. Angermeyer ◽  
Silvano Tagliagambe
Keyword(s):  
United States ◽  
European Union ◽  
Scientific Productivity ◽  
The United States ◽  
The European Union ◽  
Private Companies ◽  
American Universities ◽  
The Us ◽  
Parametric Statistics ◽  
The Eu

The purpose is to verify trends of scientific production from 2010 to 2020, considering the best universities of the United States, China, the European Union (EU), and private companies. The top 30 universities in 2020 in China, the EU, and the US and private companies were selected from the SCImago institutions ranking (SIR). The positions in 2020, 2015, and 2010 in SIR and three sub-indicators were analyzed by means of non-parametric statistics, taking into consideration the effect of time and group on rankings. American and European Union universities have lost positions to Chinese universities and even more to private companies, which have improved. In 2020, private companies have surpassed all other groups considering Innovation as a sub-indicator. The loss of leadership of European and partly American universities mainly concerns research linked to the production of patents. This can lead to future risks of monopoly that may elude public control and cause a possible loss of importance of research not linked to innovation.

The EU's Economic Cooperation with North Korea: The Possibility as a Useful Tool to Complement Korea-US Cooperation

2009 ◽  
Vol 12 (2) ◽  
pp. 125-149 ◽  
Author(s):  
Jong-Sue Lee
Keyword(s):  
European Union ◽  
Human Rights ◽  
Korean Peninsula ◽  
North Korea ◽  
The United States ◽  
Policy Position ◽  
The European Union ◽  
Member States ◽  
The North ◽  
The Eu

North Korea conducted 2nd nuclear test on May 25, 2009. It made a vicious circle and continued military tension on the Korean Peninsula. North Korea regime got a question on the effectiveness of the six party talks and ‘security-economy exchange model’. In addition, the North Korea probably disappointed about the North Korea issue has been excluded from the Obama administration's policy position. So the dialogue or relationship recovery with the United States and North Korea through six-party talks or bilateral talks will be difficult for the time being. This paper examines the EU policy on North Korea. Based on the results, analyzes the EU is likely to act as a balancer on the Korean Peninsula. Through the procedure of deepening and expanding the economic and political unification, the EU utilizes their cooperative policies towards North Korea as an ideal opportunity to realize their internal value and to confirm the commonness within the EU members. The acceleration of the EU's unification, however, began to focus on human rights, and this made their official relationship worse. Yet, the EU is continuously providing food as wells as humanitarian and technological support to North Korea regardless of the ongoing nuclear and human rights issues in North Korea. Also, the number of multinational corporations investing in North Korea for the purpose of preoccupying resources and key industries at an individual nation's level has been increasing. The European Union has unique structure which should follow the way of solving the problem of member states like subsidiary principle. It appears to conflict between normative power of the European Union and strategic interests on member states. This paper examines if the European Union is useful tool to complement Korea-US cooperation in the near future.

scholarly journals Energy Security Problem amid Global Energy Transition

2021 ◽  
Vol 21 (4) ◽  
pp. 772-784
Author(s):  
Yury V. Borovsky
Keyword(s):  
Energy Security ◽  
Energy Use ◽  
Rapid Development ◽  
Energy Transition ◽  
The United States ◽  
Low Carbon ◽  
Security Threat ◽  
The Us ◽  
The Impact ◽  
The Eu

In the early 2020s the worlds transition from carbon-intensive to climate-neutral energy use has already become a discernible and a difficult-to-reverse process. With Joe Bidens election as US president, the United States have returned to the Paris Climate Agreement and have become a key driver of this process (along with the EU and China). As a result, the international community has reached a consensus on the ongoing energy transition. This process will require considerable effort and may take several decades. Nevertheless, the impact of energy transition on traditional approaches to energy security, which emerged largely as a result of the global oil crises of the 1970s and 1980s and are centered around the supply of fossil fuels, is already a relevant research topic. This problem is examined relying on the relevant terminological, theoretical and factual material. The article concludes that energy transition will ultimately undermine the carbon paradigm that has underpinned energy security policies since the 1970s. Rapid development of renewable and other low-carbon energy sources will certainly remove key energy security risks of energy importers and, possibly, allow them to achieve energy independence. However, a post-carbon era may also generate new risks. For countries that rely heavily on oil, gas and coal exports, energy transition will result in the loss of markets and revenues. It may present an energy security threat for them as well as it will require a costly and technologically complex process of the energy sector decarbonization. Some exporters, especially those with high fuel rents and insufficient financial reserves, may face serious economic and social upheavals as a result of energy transition. The EU and the US energy transition policies reflect provisions of all three fundamental international relations theoretical paradigms, including realism. This means that the EU and the US policy, aimed at promoting climate agenda, may be expected to be rather tough and aggressive. China as the third key player in energy transition is still following a liberal course; however, it may change in the future.

scholarly journals Path to European quantum unicorns

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Markku Räsänen ◽  
Henrikki Mäkynen ◽  
Mikko Möttönen ◽  
Jan Goetz
Keyword(s):  
Quantum Computing ◽  
The United States ◽  
Current Status ◽  
The European Union ◽  
Successful Business ◽  
The Creation ◽  
Quantum Technology ◽  
The Impact ◽  
Future Growth ◽  
The Eu

AbstractQuantum computing holds the potential to deliver great economic prosperity to the European Union (EU). However, the creation of successful business in the field is challenging owing to the required extensive investments into postdoctoral-level workforce and sophisticated infrastructure without an existing market that can financially support these operations.This commentary paper reviews the recent efforts taken in the EU to foster the quantum-computing ecosystem together with its current status. Importantly, we propose concrete actions for the EU to take to enable future growth of this field towards the desired goals. In particular, we suggest ways to enable the creation of EU-based quantum-computing unicorns which may act as key crystallization points of quantum technology and its commercialization. These unicorns may provide stability to the otherwise scattered ecosystem, thus pushing forward global policies enabling the global spread of EU innovations and technologies.The unicorns may act as a conduit, through which the EU-based quantum ecosystem can stand out from similar ecosystems based in Asia and the United States. Such strong companies are required because of the level of investment currently required in the marketplace. This paper suggests methodologies and best practices that can enhance the probability of the creation of the unicorns.Furthermore, we explore future scenarios, in which the unicorns can operate from the EU and to support the EU quantum ecosystem. This exploration is conducted focusing on the steps to be taken and on the impact the companies may have in our opinion.

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