The Eu and China in the Wto: What Contribution to the International Rule of Law? Reflections in Light of The Raw Materials and Rare Earths Disputes

2016 ◽  
pp. 115-135 ◽  
Author(s):  
Matthieu Burnay ◽  
Jan Wouters
Keyword(s):  
Rule Of Law ◽  
Rare Earths ◽  
Raw Materials ◽  
International Rule ◽  
The Eu

European experience in transition to circular economy

2020 ◽  
Vol 19 (4) ◽  
pp. 598-617 ◽  
Author(s):  
S.V. Ratner
Keyword(s):  
European Union ◽  
Circular Economy ◽  
Raw Materials ◽  
Action Plan ◽  
National Level ◽  
The European Union ◽  
Scientific Methods ◽  
European Experience ◽  
General Scientific ◽  
The Eu

Subject. The article considers the concept of circular economy, which has originated relatively recently in the academic literature, and is now increasingly recognized in many countries at the national level. In the European Union, the transition to circular economy is viewed as an opportunity to improve competitiveness of the European Union, protect businesses from resource shortages and fluctuating prices for raw materials and supplies, and a way to increase employment and innovation. Objectives. The aim of the study is to analyze the incentives developed by the European Commission for moving to circular economy, and to assess their effectiveness on the basis of statistical analysis. Methods. I employ general scientific methods of research. Results. The analysis of the EU Action Plan for the Circular Economy enabled to conclude that the results of the recent research in circular economy barriers, eco-innovation, technology and infrastructure were successfully integrated into the framework of this document. Understanding the root causes holding back the circular economy development and the balanced combination of economic and administrative incentives strengthened the Action Plan, and it contributed to the circular economy development in the EU. Conclusions. The measures to stimulate the development of the circular economy proposed in the European Action Plan can be viewed as a prototype for designing similar strategies in other countries, including Russia. Meanwhile, a more detailed analysis of barriers to the circular economy at the level of individual countries and regions is needed.

scholarly journals Potential Benefits and Constraints of Development of Critical Raw Materials’ Production in the EU: Analysis of Selected Case Studies

Resources ◽  
2021 ◽  
Vol 10 (7) ◽  
pp. 67
Author(s):  
Katarzyna Guzik ◽  
Krzysztof Galos ◽  
Alicja Kot-Niewiadomska ◽  
Toni Eerola ◽  
Pasi Eilu ◽  
...  
Keyword(s):  
Case Studies ◽  
Social Acceptance ◽  
Raw Materials ◽  
Local Level ◽  
Ore Deposits ◽  
Abandoned Mines ◽  
Social Constraints ◽  
Cost And Benefit Analysis ◽  
The Eu ◽  
Critical Raw Materials

Major benefits and constraints related to mineral extraction within the EU have been identified on the examples of selected critical raw materials’ deposits. Analyzed case studies include the following ore deposits: Myszków Mo-W-Cu (Poland), Juomasuo Au-Co (Finland), S. Pedro das Águias W-Sn (Portugal), Penouta Nb-Ta-Sn (Spain), Norra Kärr REEs (Sweden) and Trælen graphite (Norway). They represent different stages of development, from the early/grassroot exploration stage, through advanced exploration and active mining, up to reopening of abandoned mines, and refer to different problems and constraints related to the possibility of exploitation commencement. The multi-criteria analysis of the cases has included geological and economic factors as well as environmental, land use, social acceptance and infrastructure factors. These factors, in terms of cost and benefit analysis, have been considered at three levels: local, country and EU levels. The analyzed cases indicated the major obstacles that occur in different stages of deposit development and need to be overcome in order to enable a new deposit exploitation commencement. These are environmental (Juomasuo and Myszków), spatial (Juomasuo) as well as social constraints (Norra Kärr, Juomasuo). In the analyzed cases, the most important constraints related to future deposit extraction occur primarily at a local level, while some important benefits are identified mainly at the country and the EU levels. These major benefits are related to securing long-term supplies for the national industries and strategically important EU industry sectors.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

scholarly journals How Far Away Are World Economies from Circularity: Assessing the Capacity of Circular Economy Policy Packages in the Operation of Raw Materials and Industrial Wastes

2021 ◽  
Vol 13 (8) ◽  
pp. 4394
Author(s):  
Margarita Ignatyeva ◽  
Vera Yurak ◽  
Alexey Dushin ◽  
Vladimir Strovsky ◽  
Sergey Zavyalov ◽  
...  
Keyword(s):  
The Netherlands ◽  
Waste Management ◽  
South Korea ◽  
Circular Economy ◽  
Raw Materials ◽  
Industrial Wastes ◽  
New Guidelines ◽  
The 1960S ◽  
Degree Level ◽  
The Eu

Nowadays, circular economy (CE) is on the agenda, however, this concept of closed supply chains originated in the 1960s. The current growing quantity of studies in this area accounts for different discourses except the holistic one, which mixes both approaches—contextual and operating (contextual approach utilizes the thorough examination of the CE theory, stricture of the policy, etc.; the operating one uses any kind of statistical data)—to assess the capacity of circular economy regulatory policy packages (CERPP) in operating raw materials and industrial wastes. This article demonstrates new guidelines for assessing the degree level of capacity (DLC) of CERPPs in the operation of raw materials and industrial wastes by utilizing the apparatus of the fuzzy set theory. It scrupulously surveys current CERPPs in three regions: the EU overall, Finland and Russia; and assesses for eight regions—the EU overall, Finland, Russia, China, Greece, France, the Netherlands and South Korea—the DLC of CERPPs in operating raw materials and industrial wastes. The results show that EU is the best in CE policy and its CERPP is 3R. The following are South Korea and China with the same type of CERPP. Finland, France and the Netherlands have worse results than EU with the type of CERPP called “integrated waste management” because of the absence of a waste hierarchy (reduce, recover, recycle). Russia closes the list with the type of CERPP “basic waste management”.

scholarly journals Judicial authority, legitimacy and the (international) rule of law as essentially contested and interpretive concepts: Introduction to the special issue

2021 ◽  
Vol 10 (1) ◽  
pp. 75-90
Author(s):  
KNUT TRAISBACH
Keyword(s):  
Rule Of Law ◽  
Special Issue ◽  
Ronald Dworkin ◽  
Final Point ◽  
The Rule Of Law ◽  
Trade Offs ◽  
Judicial Authority ◽  
International Rule

AbstractBeyond setting the stage, the Introduction makes three claims about the conceptual triangle of the rule of law, judicial authority and legitimacy. The first is that all three are essentially contested and interpretive concepts in the sense of Walter B. Gallie and Ronald Dworkin. In their expositions, the contested and interpretative nature of such concepts is nothing to be ‘solved’, rather the formulation of different conceptions and contestation about them are central functions of such concepts. The interpretive and essentially contested nature points us to the relevant ‘actors’ and to conflicts and trade-offs between contested competencies. Thus the second point is that arguments about the rule of law and judicial legitimacy are often a means of questioning or securing the authority of a particular actor or institution in relation to other actors and institutions. The final point is that transposing concepts from the domestic to the supranational is a constructive endeavour because it entails creating new conceptions and substituting old ones as well as legitimising new authorities and delegitimising old ones. Thus, this special issue also cautions against discourses that ultimately are more about legitimation than about legitimacy and more about new ways of ruling than the rule of law.

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