The Border Monster Refuses to Die

Südosteuropa ◽  
2018 ◽  
Vol 66 (1) ◽  
pp. 119-130
Author(s):  
Marko Zajc
Keyword(s):  
European Union ◽  
The European Union ◽  
Audio Surveillance ◽  
Border Dispute ◽  
Independent States ◽  
The Hague

Abstract The author contextualizes the Final Award issued on 29 June 2017 by the Permanent Court of Arbitration in The Hague on the Slovenian-Croatian border dispute, a dispute which began in 1991 when the two Yugoslav republics became independent states. After joining the European Union in 2004, Slovenia began to use its membership to attempt to force its neighbour to agree to its terms. In November 2009 the two countries signed an Arbitration Agreement that temporarily solved the problem. The Final Award of the Court of Arbitration in The Hague of June 2017 has not been acknowledged by Croatia, though, on the ground of an audio surveillance scandal in 2015 that involved a Slovenian arbitrator. The Slovenian side has advocated the Final Award of the Tribunal as the only legal, internationally binding, and “European” solution to the border question, while the Croatian side continues to ignore the tribunal’s disposition.

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

scholarly journals The 'Great Diversification Game': Russia’s Vision of the European Union’s Energy Projects in the Shared Neighbourhood

2008 ◽  
Vol 4 (2) ◽  
pp. 130-148
Author(s):  
Valentina Feklyunina
Keyword(s):  
European Union ◽  
Energy Supply ◽  
Perceived Threat ◽  
The European Union ◽  
Commonwealth Of Independent States ◽  
Energy Projects ◽  
The Usa ◽  
Independent States ◽  
Transportation Routes ◽  
Former Soviet Republics

This article examines Russia’s vision of the European Union’s energy diversification projects that focus on their ‘shared neighbourhood’. It argues that although the European Union (EU), unlike the USA, is not yet seen as a serious threat to Russian interests in the area, this situation is rapidly changing, with the Kremlin becoming increasingly sensitive about the EU’s plans to diversify energy supply sources and transportation routes by increasing cooperation with other former Soviet Republics within the Commonwealth of Independent States (CIS). The article highlights how the EU’s energy diversification projects are viewed by Moscow as anti-Russian and details the way in which Russia is responding to this perceived threat, including plans to diversify its own energy exports.

Some aspects of legal regulation in international law: human rights protection issues

2020 ◽  
pp. 479-495
Author(s):  
Madiyar N. Umbetov ◽  
Ermek Nurmaganbet ◽  
Kairat T. Bitemirov ◽  
Nursultan B. Kalkashev ◽  
Zhaksylyk R. Yeslamgaliyev
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
The European Union ◽  
Commonwealth Of Independent States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Independent States ◽  
Model Of Practice

The relevance of the topic of the article is confirmed by the tendencies and dy-namics of the internal development of modern democratic states, the need for a comprehensive theoretical and legal study of the effectiveness of the practice of law in the mechanism of ensuring the constitutional rights of citizens. In the context of this, the aim of the article was to carry out a comprehensive comparative analysis of the legal regulation of practice of law in the territories of the Member States of the European Union and the Commonwealth of Independent States. The author's developments and conclusions resulting from scientific and legal research are summarised as follows: international and national law consolidates different approaches to the practice of law; the legal regulation of the process of entering into the profession of lawyer and the subsequent exercise of his lawyer's activity in the territory of the European Union has more detailed elaboration in the context of the realities of modern legal relations in comparison with Commonwealth of Independent States countries; a comparative analysis showed that a model of practice of law, regulated by the legislation of the French Republic, can be considered the most approximate to the idealistic.

Part I General and Introductory, 4 Subject-Matter Scope: Civil and Commercial Matters

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
European Union ◽  
Subject Matter ◽  
Hague Convention ◽  
Case Law ◽  
The European Union ◽  
Court Of Justice ◽  
The Subject ◽  
The Hague ◽  
The Hague Convention ◽  
Civil Matter

This chapter discusses the ‘subject-matter scope’ of Brussels 2012, Lugano 2007, and the Hague Convention. ‘Subject-matter scope’ refers to the scope covered by a measure as regards its subject matter, that is to say the branches and areas of the law to which it applies. For the three legal instruments under consideration, the relevant provisions are contained in Article 1 of Brussels 2012 and Lugano, and Articles 1 and 2 of Hague. A review of case law shows that the distinction between a civil matter and public matter is far from straightforward. There is a significant grey area in which the Court of Justice of the European Union could legitimately go either way.

Explaining Difficult States

2010 ◽  
Vol 24 (4) ◽  
pp. 595-616 ◽  
Author(s):  
Jelena Subotić
Keyword(s):  
European Union ◽  
Political Identity ◽  
War Crimes ◽  
Political Elites ◽  
The European Union ◽  
Political Actors ◽  
The Road ◽  
Policy Shift ◽  
The Hague ◽  
Successful Change

Why has Serbia’s path toward European integration been fraught with so much difficulty? This article explains Serbia’s reluctance to Europeanize by exploring why Serbian elites persistently refused to fulfill the European Union’s principal requirement—full cooperation with the Hague war crimes tribunal—even when it meant getting off the road to Brussels. The article offers a theoretical framework that incorporates domestic political identity, power of veto players, and competing elite strategies to explain how Serbian political actors used European Union norms and institutions to advance local political agendas. The article concludes that, instead of being a successful change agent that brought about policy shift in the areas of democratization and human rights, the European Union was used on many occasions by Serbian political elites to pursue strategies far removed from EU norms and standards.

Part I General and Introductory, 2 International and Territorial Application

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Eu Law ◽  
The European Union ◽  
The Hague ◽  
The Hague Convention ◽  
The Eu

This chapter discusses the scope of the Brussels 2012, Lugano 2007, and the Hague Convention. This is an important issue because if a case is outside their scope, they will not apply. It considers the international and territorial aspects: the rule that the instruments apply only in situations with an international element; and the fact that they apply only to particular territories. All three instruments apply in the European Union as part of EU law. Their territorial scope is, first and foremost, to be determined by looking at the EU Treaties. In the non-EU Parties to Lugano and Hague, the position is different. In those States, the instruments apply by virtue of international law.

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