scholarly journals Circular law as a legal basis for a circular economy

2021 ◽  
Vol 915 (1) ◽  
pp. 012022
Author(s):  
O V Mikichurova ◽  
I V Vlialko
Keyword(s):  
International Law ◽  
Financial Institutions ◽  
Social Relations ◽  
Subject Matter ◽  
Circular Economy ◽  
Legal Basis ◽  
International Financial Institutions ◽  
Legal Norms ◽  
Circular Law ◽  
Further Development

Abstract The article is devoted to the study of the legal basis for the development of the circular economy, clarifying the essence of the concept of circular law, and analysis of international and national legal acts in this area. Research has shown humanity’s awareness of modern global threats and its gradual movement from the traditional to circular economic model. The legal basis for such a transition lies in circular law, which is a set of legal norms that define and regulate social relations in the field of circular economy. The article explores legal acts in the field of circular economy at the universal, regional and national levels across the globe. The main purpose of the article is to analyze the legal basis for the development of the circular economy. International law is currently being enriched with a number of new legal acts devoted to this subject matter. This may indicate the emergence of a new branch of international law – a circular law. An increased attention of international financial institutions towards financing of circular projects stipulates the further development and spread of the circular concept.

Domestic Jurisdiction over International Financial Institutions for Injuries to Project-Affected Individuals

2019 ◽  
Vol 16 (1) ◽  
pp. 105-136
Author(s):  
Clemens Treichl ◽  
August Reinisch
Keyword(s):  
International Law ◽  
Financial Institutions ◽  
Dispute Settlement ◽  
Project Finance ◽  
International Financial Institutions ◽  
International Dispute ◽  
The Us ◽  
Us Supreme Court ◽  
Domestic Courts ◽  
Domestic Jurisdiction

Project-affected individuals are increasingly bringing tort claims against international financial institutions in domestic courts. In the US, such plaintiffs such plaintiffs have regularly failed to overcome the obstacle of the defendant institutions’ jurisdictional immunity under the International Organizations Immunities Act. In pending litigation, the US Supreme Court has resolved a long-standing debate as to its scope. This paper examines the issue of jurisdictional immunity in the context of international project finance. It focuses on the specific frameworks established in treaties, analyses the interplay between international and domestic US norms and looks at possible implications of the exercise of domestic jurisdiction. A key finding is that US courts, at least previously, used to grant more extensive immunities than international law required. While doubts persist as to whether domestic courts are a suitable venue for claims brought by project-affected people, existing means of international dispute settlement should be strengthened.

Indigenous Rights, Resistance, and the Law: Lessons from a Guatemalan Mine

2008 ◽  
Vol 50 (4) ◽  
pp. 91-121 ◽  
Author(s):  
Amanda M. Fulmer ◽  
Angelina Snodgrass Godoy ◽  
Philip Neff
Keyword(s):  
Corporate Social Responsibility ◽  
International Law ◽  
Financial Institutions ◽  
Large Scale ◽  
Indigenous Rights ◽  
Democratic Governance ◽  
International Financial Institutions ◽  
Extractive Industry ◽  
Corporate Social

AbstractUsing a case study of a controversial mine in an indigenous area of Guatemala, this article explores the transnational dynamics of development and regulation of large-scale extractive industry projects in the developing world. It examines the roles played in the Marlin mine dispute by national law, international law, international financial institutions, and corporate social responsibility. It concludes that these legal regimes have a role in protecting human rights but have not addressed the fundamental questions of democratic governance raised by this case.

International law-making in the field of sustainable development and an emerging droit commun among international financial institutions

2018 ◽  
Vol 7 (2) ◽  
pp. 327-353
Author(s):  
Johanna Aleria P Lorenzo
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Financial Institutions ◽  
International Community ◽  
Development Projects ◽  
International Financial Institutions ◽  
Race To The Bottom ◽  
The Sustainable Development ◽  
Sustainability Standards ◽  
Law Making

More than being funders of development projects, international financial institutions (IFIs) should also be viewed as international law-makers, or more specifically as participants in the international law-making process relating to sustainable development. Achievement of the Sustainable Development Goals (SDGs), as endorsed by the UN General Assembly, relies not only on the IFIs’ continued performance of their economic functions, but also on their collective efforts to set and apply standards for integrating economic, environmental and social considerations in development projects. In presenting IFIs as law-makers in the field of sustainable development, this article focuses on the ‘safeguard systems’ that IFIs have individually created in order to ensure the sustainability of the development projects they finance. Through the safeguard system and its components’ respective functions, IFIs clarify, elaborate and operationalise the concept of sustainable development, and thereby participate in the international law-making process relating to this concept. Additionally, the IFIs’ participation involves enabling other non-state actors to also participate in development decision-making at the international level. The law-making functions of IFIs and the emergence of a droit commun among them bear valuable insights and implications on the current discussion surrounding the new institutions, whose entry into the multilateral development banking system has elicited anxiety about a race to the bottom in sustainability standards. This article shows why this speculated outcome is not a foregone conclusion. It suggests that preventing a race to the bottom in sustainability standards entails strengthening one component of the safeguard system, the independent accountability mechanism, which interprets the system's other component, ie the IFIs’ environmental and social policies. The ongoing efforts to harmonise the IFIs’ safeguard policies should likewise be encouraged. As specialised international organisations and members of the international community, the IFIs (and their member states) should react to adverse competitive pressures with the overarching consideration of responding to the demands and expectations of the international community. This approach means continuing to implement the global commitment to the sustainable development principles of integration and public participation, as well as maintaining the protection of the rights and interests of people affected by development projects.

scholarly journals The development of customs law in the scope of Eurasian integration

2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina
Keyword(s):  
Public Relations ◽  
International Law ◽  
Social Relations ◽  
Administrative Law ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
The Relationship ◽  
Further Development

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.

scholarly journals INTERNATIONAL CONTROL IN FIGHT AGAINST DOPING IN SPORTS

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Barabanova Elena A ◽  
Klimovskaya Lenara R ◽  
Valeev Revol M
Keyword(s):  
International Law ◽  
Legal Basis ◽  
Council Of Europe ◽  
International Convention ◽  
Legal Norms ◽  
Legal Control ◽  
Doping In Sports ◽  
International Obligations

This article explores the mechanisms of international control in the field of fight against doping. International legal control is one of the means of ensuring the fulfillment by the states of their obligations and is important in achieving the effectiveness of the implementation of legal norms. The paper analyzes the relevant provisions of two international legal acts that constitute the legal basis in anti-doping activities: The Anti-Doping Convention of the Council of Europe and the International Convention against Doping in Sport. In accordance with the provisions of international legal acts, special monitoring bodies are established to monitor the implementation by the states of their obligations through online questionnaires. The focus is on the activities of these specialized agencies. At the same time, the nature of international legal control is not limited only to checking the behavior of states, but also is expressed in the prevention of violations of the international law. In this regard, it is needed an element that establishes the responsibility of states for failure to fulfill their international obligations. Such a mechanism would be the document Operational Guidelines and System of Consequences for Non-Compliance with the Regulations Adopted as Annex to the International Convention against Doping in Sport

scholarly journals Aviation Criminal Law Regulations of the Tokyo Convention and the Penal Code to Counteract Terrorist Acts

2021 ◽  
Vol 51 (2) ◽  
pp. 43-62
Author(s):  
Oliwier Mendala ◽  
Katarzyna Tokarska
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Subject Matter ◽  
Penal Code ◽  
Legal Basis ◽  
Criminal Cases ◽  
Public International Law ◽  
Terrorist Acts ◽  
Proper Interpretation

Abstract The aim of the study is to present issues related to acts of terror and attempts to counteract them, whose subject matter of which is governed by a number of legal acts of various territorial scope, primarily by regulations contained in the Tokyo Convention, which is a source of public international law, and Polish normative acts, such as the Aviation Law together with legal and penal regulations. The paper presents considerations aimed at indicating the proper interpretation of the provisions regulating the obligation to undertake investigative and explanatory actions as part of pre-trial proceedings conducted by the prosecutor, the issues of jurisdiction and competence of the courts adjudicating in criminal cases, and the issues concerning the institution of extradition and its legal basis.

scholarly journals Problems of the mechanism for challenging of transactions of the debtor in bankruptcy case

2021 ◽  
pp. 30-45
Author(s):  
Viktoriya Viktorovna Kalinkina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Subject Matter ◽  
Court Ruling ◽  
Federal Law ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation

The subject of this research is a set of legal norms that regulate relations in the sphere of challenging of transactions of the debtor, as well as the law enforcement practice. The object of this research is the social relations that develop in the context of challenging of transactions of the debtor in bankruptcy case. The article discusses the problems faced by the arbitration and financial executives at the stage of claim preparation for challenging of transactions of the debtor, i.e. formation of evidence, as well as at the stage of execution of the corresponding court ruling. The purpose goal of this article lies in articulation of the problem, substantiation of the need for legislative regulation, and formulation of recommendation for the improvement of current legislation on the subject matter. The scientific novelty consists in addressed the issues that have not previously become the subject of separate research; as well as in the author’s conclusions and recommendations aimed at the improvement of the Federal Law No. 127-FZ of. October 26, 2002 “On Insolvency (Bankruptcy)” and other normative legal acts regulating this field. The acquired results can also be used in the Russian legal science for further elaboration on the issues related to the effectiveness of the mechanism for challenging of transactions of the debtor, and as well  as improvement of the current legislation of the Russian Federation and law enforcement practice that regulate this field.

Global Capitalism and the Neoliberal Privatization of Energy Reserves: A Mexico Case Study

2018 ◽  
Vol 17 (1-2) ◽  
pp. 103-115
Author(s):  
Marcelo del Castillo-Mussot ◽  
Jorge A. Montemayor-Aldrete ◽  
Jeb Sprague-Silgado ◽  
Alfredo de la Lama Garcia
Keyword(s):  
Federal Government ◽  
Financial Institutions ◽  
Legal Order ◽  
Drastic Change ◽  
Global Capitalism ◽  
Energy Reserves ◽  
Legal Basis ◽  
International Financial Institutions ◽  
Hydrocarbon Reserves

Abstract In 2013 state officials operating through the three federal government branches of Mexico mutilated the country’s constitution, privatizing upwards of seventy-five percent of the country’s hydrocarbon reserves. This article suggests that this neoliberal strategy, carried out by transnationally oriented elites operating through state apparatuses in Mexico (and promoted by officials in Washington and within the International Financial Institutions), is meant to benefit transnational capital. Such drastic change to Mexico’s legal order, we argue, in fact violated the country’s constitution and symbolized a break with the country’s earlier model of development. The federal government’s anti-constitutional behavior, specifically its violation of Article 136 of the constitution, provides a legal basis for dismissing top officials from their posts and moving toward a constitutional assembly.

scholarly journals Public-Private Partnership and Its Definition

2021 ◽  
Vol 7 (5) ◽  
pp. 362-369
Keyword(s):  
Small Business ◽  
Financial Institutions ◽  
Developed Countries ◽  
Business Environment ◽  
International Financial Institutions ◽  
Effective Mechanism ◽  
Private Partnership ◽  
The Republic ◽  
Cis Countries ◽  
Further Development

This article discusses that public-private partnerships (PPPs) are an effective mechanism that will be used in the Republic of Uzbekistan in the future, which will be successfully used in developed countries and plays an important role in the further development of the business environment, small business and private entrepreneurship. There are also various definitions of PPP and its essence, interpreted by scientists, specialists and international financial institutions of foreign, CIS countries and national economists.

scholarly journals Transatlantic links and BRICS: prospects of strategic co-existence

2013 ◽  
pp. 33-37
Author(s):  
E. R. Voronin
Keyword(s):  
International Law ◽  
The United States ◽  
Central Place ◽  
Legal Framework ◽  
Intergovernmental Organizations ◽  
The European Union ◽  
Legal Basis ◽  
The West ◽  
Further Development

The article analyzes the possibilities of building long-term relations between the Western intergovernmental organizations, first of all, NATO and the European Union, and BRICS, considers the prospects for the strategic co-existence between them. Considering the commitment of the countries of the BRICS the norms and principles of international law, the author believes that the central place in the agenda of their relations with the United States and the West in general can take the task of expanding the legal framework of relations between them, the further development of the practice of the decision of the international problems solely on a legal basis.

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