Safe Country Provisions in Canada and in the European Union: A Critical Assessment

1997 ◽  
Vol 31 (3) ◽  
pp. 569-590 ◽  
Author(s):  
Nazaré Albuquerque Abell
Keyword(s):  
United States ◽  
European Union ◽  
Geneva Convention ◽  
The United States ◽  
Legal Framework ◽  
Critical Assessment ◽  
Point Of View ◽  
The European Union ◽  
Refugee Status ◽  
Legal Constraints

This article analyzes the international legal framework that surrounds the issue of safe third country (STC) in the European Union and in Canada. The argument put forward is that Canada is not immune to the developments in the European Union and that Canada's immigration policies towards refugees have changed accordingly. My position is that the Canadian model respects the legal constraints which govern the acceptability of mechanisms to apportion responsibility to examine a claim to refugee status, in particular the Canadian Charter of Rights and Freedoms. By testing the international legal viability of both the European and the Canadian system of safe third country against Articles 31 and 33 of the Geneva Convention and Executive Committee Conclusion No. 58 and Conclusion No. 15, and by addressing the draft Memorandum of Understanding between Canada and the United States and comparing it with some of the readmission agreements between the European Union and some third states, the article concludes that the Canadian STC model is preferable to that in Europe from both a legal and a humane point of view.

Genetically Modified Organisms

2019 ◽  
pp. 508-530
Author(s):  
Anne Saab
Keyword(s):  
United States ◽  
Risk Assessment ◽  
European Union ◽  
Genetically Modified Organisms ◽  
Genetically Modified ◽  
The United States ◽  
Legal Framework ◽  
The European Union ◽  
Gm Foods ◽  
Product Regulation

This chapter examines comparative approaches to risk assessment and regulation of genetically modified organisms (GMOs). It first provides a brief background on the emergence, increased use, and controversy surrounding GMOs as well as the important legal questions and complexities they raise before discussing the legal approaches used to assess and regulate risks associated with GM foods, labelling of GM foods, and the application of intellectual property rights (IPRs) to GMOs. In particular, it considers risk assessment in the United States and in the European Union, focusing on the precautionary approach versus the permissive approach. It also compares process regulation and product regulation for regulating the risks posed by GMOs in the United States and the European Union, along with risk assessment and regulation in Brazil, China, and Costa Rica. Finally, it analyses the legal framework for IPRs as they apply to GMOs and comparative approaches to patenting GMOs.

scholarly journals Conflict and Sovereignty. The Debate between the United States and the European Union

2009 ◽  
Vol 11 ◽  
pp. 98-116
Author(s):  
Miłowit Kuniński ◽  
Clarinda Calma
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Global Scale ◽  
Point Of View ◽  
Western World ◽  
Political Transformation ◽  
The European Union ◽  
Political Actors ◽  
Distribution Of Power

Certainly we are dealing with a profound and long-lasting crisis at the core of the Western World, caused by the fall of the communist system – as many have already pointed out – which changed the previous distribution of power and enabled a clearer and more open redefinition of the interests of its main political actors. This crisis will be characterized by irregular outbursts of aggressive activity, often far exceeding the norms of diplomatic correctness, by periods of collaborative effort, particularly if the West faces serious threats on a more global scale and has to deal with serious political games. It is certain that the main source of this present crisis is the rivalry that has been waged on various fronts between the US and the European Union. It can be therefore affirmed that, from the point of view of the logic of political transformation, the Union must aim toward an external sovereignty. This process will certainly be a long one, and will undoubtedly involve recurring frictions between the European Union and the United States. This will be the symptom of the process of building the sovereignty in opposition to a state whose legal and international sovereignty cannot be questioned, and whose practical sovereignty has been expressed in the active participation in the international arena for almost 200 years.

scholarly journals The President’s Private Dictionary: How Secret Definitions Undermine Domestic and Transnational Efforts at Executive Branch Accountability

2017 ◽  
Author(s):  
Sudha N. Setty
Keyword(s):  
United States ◽  
European Union ◽  
National Security ◽  
The United States ◽  
Executive Branch ◽  
The European Union ◽  
Privacy Rights ◽  
Customer Data ◽  
Legal Constraints ◽  
The U.S

Published: Sudha Setty, The President's Private Dictionary: How Secret Definitions Undermine Domestic and Transnational Efforts at Executive Branch Accountability, 24 IND. J. GLOBAL LEGAL STUD. 513 (2017)..The 2016 EU-U.S. Privacy Shield is an agreement allowing companies to move customer data between the European Union and the United States without running afoul of heightened privacy protections in the European Union. It was developed in response to EU concerns that the privacy rights of its citizens have been systematically abrogated by the U.S. government in the name of national security, and contains a variety of assurances that the United States will respect and protect the privacy rights of EU citizens.How trustworthy are the U.S. assurances under the Privacy Shield? Both the Bush and Obama administrations secretly interpreted the terms of treaties, statutes and regulations in a manner that allowed them to take controversial actions, keep those actions secret, and later invoke national security to defend the legality of those actions if they became public. In cases involving torture, bulk data collection, and targeted killing, these administrations did so despite the common and objective understanding of applicable legal constraints not providing authorization for the very actions that they claimed were legal.It remains an open question as to whether the Trump administration will interpret the Privacy Shield in a similarly misleading manner: one in which public assurances suggest compliance with the Privacy Shield’s constraints, but the administration’s private interpretation of the Privacy Shield secretly breaches EU privacy protections. This paper considers possible ways to constrain the executive branch from relying on secret interpretations that would undermine the Privacy Shield’s transnational attempts at accountability

scholarly journals ENERGY SECURITY OF THE REPUBLIC OF CRIMEA UNDER THE INTERNATIONAL SANCTIONS

2018 ◽  
pp. 119-130
Author(s):  
Матвей Оборин ◽  
Matvey Oborin ◽  
Ирина РОДЕНКО ◽  
Irina RODENKO
Keyword(s):  
United States ◽  
European Union ◽  
United States Of America ◽  
Energy Security ◽  
The United States ◽  
Point Of View ◽  
The European Union ◽  
Energy Complex ◽  
The Republic ◽  
The Impact

The article defines the essence of the sanctions of the European Union, the United States of America and Ukraine that have been applied to Russia, compiles the list of sanctions against the Republic of Crimea, and determines their impact on energy security of the Republic of Crimea. The authors discuss the features of sanctions as economic constraints: their goals, objectives, and ef- fects, which allows talking about efficiency; the relationship with the political course. The article characterizes the fuel and energy complex as an important sphere of economic activity of the country from the point of view of influencing the national economy development, social sphere, quality of public services. The authors justify the energy sector development with the economic and financial point of view, priority investments for the Republic of Crimea. The article presents and summarizes the main types of sanctions against the Republic of Crimea, the impact of sanctions on Ukraine in fuel and energy complex. The article is aimed at determining the nature and effects of the applied sanc- tions of the European Union countries, the United States of America and Ukraine on fuel and energy security of the Republic of Crimea. The system approach, analysis, synthesis, expert evaluation, comparison, ob- servation, generalization are the main methods of the article. The main results are based on the analysis of the fuel and energy complex of the Republic of Crimea: the potential, power, types of energy, the main company. The article analyzes the development of the state unitary enterprise "Chernomorneftegaz", representing the oil and gas industry of the Republic of Crimea, at which sanctions of the European Union and the United States of America direct the sanctions. Scientific novelty consists in structuring the essence of the sanctions against the Republic of Crimea and the definition of activities aimed at minimizing their impact on fuel and energy complex of the Republic of Crimea.

scholarly journals ‘Baby, it’s cold outside ...’ – A Comparative and Economic Analysis of Freeze-outs of Minority Shareholders

2018 ◽  
Vol 15 (1) ◽  
pp. 148-196
Author(s):  
Tom Vos
Keyword(s):  
United States ◽  
European Union ◽  
Law And Economics ◽  
The United States ◽  
Legal Framework ◽  
The European Union ◽  
Minority Shareholders ◽  
European Union Law ◽  
Free Rider Problem ◽  
A Company

Because minority shareholders can be a nuisance for a company, a majority shareholder may want to freeze them out. In general, the approach in the United States towards freeze-outs is more flexible than in the European Union. Law and economics scholarship suggests that a flexible regime for freeze-outs may be beneficial for society, as it addresses a free rider problem and a holdout problem in the market for corporate control. However, these insights are rarely integrated into European legal scholarship. This article endeavours to determine what constitutes an efficient legal framework on freeze-outs through a comparative law and economics approach. First, the legal regime on freeze-outs in the United States is compared with the regime of the Takeover Directive in the European Union and with Dutch law. Then, these legal systems are evaluated on their efficiency. Finally, some suggestions of reform are made for the European Union.

Russian Federation and the United States of America: geostrategic directions to manage the Ukrainian crisis

2019 ◽  
pp. 123
Author(s):  
Attarid Awadh Abdulhameed
Keyword(s):  
United States ◽  
European Union ◽  
National Security ◽  
Russian Federation ◽  
United States Of America ◽  
The United States ◽  
The European Union ◽  
The Usa ◽  
Ukrainian Crisis ◽  
Zero Sum

Ukrainia Remains of huge importance to Russian Strategy because of its Strategic importance. For being a privileged Postion in new Eurasia, without its existence there would be no logical resons for eastward Expansion by European Powers.  As well as in Connection with the progress of Ukrainian is no less important for the USA (VSD, NDI, CIA, or pentagon) and the European Union with all organs, and this is announced by John Kerry. There has always ben Russian Fear and Fear of any move by NATO or USA in the area that it poses a threat to  Russians national Security and its independent role and in funence  on its forces especially the Navy Forces. There for, the Crisis manyement was not Zero sum game, there are gains and offset losses, but Russia does not accept this and want a Zero Sun game because the USA. And European exteance is a Foot hold in Regin Which Russian sees as a threat to its national security and want to monopolize control in the strategic Qirim.

COMPARATIVE ANALYSIS OF THE CURRENT FRENCH FOREIGN POLICY ACTIVITY

2019 ◽  
Vol 22 (2) ◽  
pp. 74-79
Author(s):  
Nargiza Sodikova ◽  
◽  
◽  
Keyword(s):  
United States ◽  
European Union ◽  
Foreign Policy ◽  
International Security ◽  
The United States ◽  
Foreign Affairs ◽  
Modern Time ◽  
The European Union ◽  
National Interests ◽  
French Foreign Policy

Important aspects of French foreign policy and national interests in the modern time,France's position in international security and the specifics of foreign affairs with the United States and the European Union are revealed in this article

Ocena antykryzysowej polityki gospodarczej Stanów Zjednoczonych i wybranych państw członkowskich Unii Europejskiej w latach 2005–2014

2016 ◽  
pp. 26-46
Author(s):  
Marcin Jan Flotyński
Keyword(s):  
United States ◽  
European Union ◽  
Financial Markets ◽  
Global Economy ◽  
Global Financial Crisis ◽  
The United States ◽  
The European Union ◽  
High Volatility ◽  
The Global Financial Crisis ◽  
Domestic Products

The global financial crisis in 2007–2009 began a period of high volatility on the financial markets. Specifically, it caused an increased amplitude of fluctuations of the level of gross domestic products, the level of investment and consumption and exchange rates in particular countries. To address the adverse market circumstances, governments and central banks took actions in order to bolster the weakening global economy. The aim of this article is to present the anti-crisis actions in the United States and selected member states of the European Union, including Poland, and an assessment of their efficiency. The analysis conducted indicates that generally the actions taken in the United States in response to the crisis were faster and more adequate to the existing circumstances than in the European Union.

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