scholarly journals Challenges in Harmonising and Implementing the Environmental Crime Directive

Teisė ◽  
2021 ◽  
Vol 118 ◽  
pp. 130-144
Author(s):  
Ieva Marija Ragaišytė
Keyword(s):  
Environmental Crime ◽  
Member States ◽  
National Legislation ◽  
The Law ◽  
Implementation Problems

The article analyses the harmonisation framework under TFEU of the Directive 2008/99/EC and the possible difficulties in implementing the document in national legislation. An inadequately chosen legitimate purpose and the lack of the prioritisation of environmental crime in the Member States result in harmonisation and implementation problems related to issues of the definitions of the offences, their differentiation and compliance with fundamental principles of the law.

Sources of the Law of Immunity of International Organizations

2018 ◽  
Author(s):  
Edward Chukwuemeke Okeke
Keyword(s):  
International Law ◽  
International Organizations ◽  
Member States ◽  
Customary International Law ◽  
National Legislation ◽  
Bilateral Agreements ◽  
Treaty Law ◽  
The Law ◽  
The Relationship

Because international law is central to the determination of the jurisdictional immunity of international organizations, this chapter examines the sources of the immunity of international organizations, which is mainly treaty law. The basic text or constituent instrument by which member States establish international organizations usually provides for the organizations’ privileges and immunities. Provisions on privileges and immunities are also found in national legislation, and bilateral agreements, such as headquarters agreements or establishment agreements. The chapter also examines whether the immunity of international organizations is governed by customary international law in addition to treaty law. It further examines the interrelationship between treaty and customary international law, and the relationship between international law and national law with respect to jurisdictional immunity.

SIGNIFICANCE OF EAEU COURT DECISIONS IN FORMATION SUPRANATIONAL LEGISLATION

2021 ◽  
pp. 22-26
Author(s):  
Т.Ю. Изгагина
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
International Agreements ◽  
Court Decisions ◽  
Member States ◽  
National Legislation ◽  
The Supreme Court ◽  
The Law ◽  
The Right

Суд ЕАЭС является пoстoяннo действующим наднациональным судебным oрганoм и рассматривает спoры по вoпрoсам реализации Дoгoвoра об ЕАЭС, международных договоров в рамках Союза и (или) решений органов Союза. Анализ законодательств стран ЕАЭС показал, что на уровне национальных законодательств страны наделили правом на обращение в данный суд. Кроме того, правоприменительная практика таможенного законодательства в государствах-участницах ЕАЭС в связи с вынесением судом ЕАЭС разъяснений, решений складывается неединообразно. В настоящее время остро стоит вопрос о необходимости выработки механизмов исполнения решений суда ЕАЭС на территориях стран ЕАЭС. The court of the EEU is a supranational permanent judicial body and considers disputes arising on the implementation of the Agreement, international agreements within the Union and (or) decisions of the Union’s bodies. An analysis of the legislation of the EEU countries showed that at the level of national legislation, countries have given the right to appeal to the Supreme court. In addition, the law enforcement practice of customs legislation in the EEU member States in connection with the issuance of explanations and decisions by the EEU court is not uniform. Currently, there is an urgent question of the need to develop mechanisms for the enforcement of decisions of the EEU court on the territories of the EEU countries.

Enhanced Cooperation and European Tax Law

2021 ◽  
Author(s):  
Caroline Heber
Keyword(s):  
Member State ◽  
Internal Market ◽  
State Aid ◽  
Entire Group ◽  
Eu Law ◽  
Negative Effects ◽  
Member States ◽  
State Laws ◽  
Cooperation Mechanism ◽  
The Law

The enhanced cooperation mechanism allows at least nine Member States to introduce secondary EU law which is only binding among these Member States. From an internal market perspective, enhanced cooperation laws are unique as they lie somewhere between unilateral Member State laws and uniform EU law. The law creates harmonisation and coordination between the participating Member States, but it may introduce trade obstacles in relation to non-participating Member States. This book reveals that the enhanced cooperation mechanism allows Member States to protect their harmonised values and coordination endeavours against market efficiency. Values which may not be able to justify single Member State’s trade obstacles may outweigh pure internal market needs if an entire group of Member States finds these value worthy of protection. However, protection of the harmonised values can never go as far as shielding participating Member States from the negative effects of enhanced cooperation laws. The hybrid nature of enhanced cooperation laws—their nexus between the law of a single Member State and secondary EU law—also demands that these laws comply with state aid law. This book shows how the European state aid law provisions should be applied to enhanced cooperation laws. Furthermore, the book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.

scholarly journals China's New Private Education Law

2015 ◽  
Author(s):  
Fengqiao Yan ◽  
Daniel Levy
Keyword(s):  
Higher Education ◽  
Private Education ◽  
Legal Framework ◽  
Education Law ◽  
Main Thrust ◽  
Educational Levels ◽  
National Legislation ◽  
The Law

The private education law, promulgated on December 28, 2002, is China’s first national legislation on private education. The law covers all educational levels, although we are focusing on the three articles (16, 53, and 55) that cover higher education. The law’s main thrust concerning higher education is to provide a legal framework to facilitate private growth and initiate a longer process to accredit, merge, dismantle, and change institutions at that level.

scholarly journals Putusan Bebas Atas Dakwaan Tindak Pidana Lingkungan Hidup: Analisis Putusan No. 781/pid/b/2009/PN.CBN.

2016 ◽  
Vol 4 (1) ◽  
Author(s):  
Hidayatulloh Hidayatulloh
Keyword(s):  
Water Pollution ◽  
Textile Industry ◽  
Science And Technology ◽  
Environmental Crime ◽  
Living Environment ◽  
Toxic Waste ◽  
Crime Analysis ◽  
District Court ◽  
District Attorney ◽  
The Law

Abstract: Acquittal on Accusation of Environmental Crime: Analysis of Verdict Number No. 781/Pid/B/2009/PN.Cbn. The number of industries has increasead rapidly and caused some problems in the environment. With the help of science and technology, most of industries produce toxic waste which is one of the issues of the environmental crime. This paper will analyse the verdict of Cibinong District Court on accusation of environmental crime to Lee Sang Book, the Director of PT. Roselia Texindo. The company working in textile industry was indicted that he has done water pollution in the River Cikuda, Bogor because he has thrown the toxic waste to the river produced by its industry. The verdict is really interesting because the panel of judges have finally decided that Lee Sang Book is not guilty. Based on facts of the trial, he doesn’t break a law to do the environmental crime which was indicted according to the Law Number 23 Year 2007 in Living Environment. Cibinong District Attorney has submitted the unqualified evidence in examination of waste toxic in laboratorium. Furthermore most witnesses and expert witnessed have argued that Lee Sang Book and PT. Roselia Texindo are innocence and have followed the rule. Abstrak: Jumlah industri telah meningkat dengan cepat dan menyebabkan beberapa persoalan lingkungan. Dengan dukungan ilmu pengetahuan dan teknologi, banyak industri menghasilkan limbah berbahaya yang merupakan salah satu isu tindak pidana lingkungan. Tulisan ini menganalisis putusan Pengadilan Negeri Cibinong atas dakwaan tindak pidana lingkungan kepada Lee Sang Book, Direktur PT. Roselia Texindo. Perusahaan yang bergerak di bidang tekstil ini didakwa melakukan pencemaran air sungai Cikuda, Bogor karena membuat limbah kimia hasil proses industri. Pada akhirnya Majelis Hakim memutus bahwa Lee Sang Book tidak bersalah. Berdasarkan fakta-fakta persidangan, ia tidak terbukti melakukan tindak pidana lingkungan yang didakwakan berdasarkan UndangUndang Nomor 23 Tahun 2007 tentang Lingkungan Hidup. DOI: 10.15408/jch.v4i1.2624

scholarly journals Let Me Tell You a Story

Daedalus ◽  
2020 ◽  
Vol 149 (4) ◽  
pp. 207-233
Author(s):  
Antonio Oposa
Keyword(s):  
The Philippines ◽  
Environmental Crime ◽  
The World ◽  
The Law ◽  
Law And Science ◽  
The Mind ◽  
Climate Crisis

I've spent my time caring for the Life-sources of Land, Air, and Waters – the LAW of Life. It began by being touched by the Sea and the story of my mariner grandfather. It went on to raids to fight environmental crime syndicates in the Philippines and on to the court of law. The Court is a good venue to light a STAR: to tell a Story, put the issues on the Table for orderly discussion, spark Action, and arrive at a Resolution. I founded the SEA Camp (Sea and Earth Advocates) to train children to care for the Sea and Earth and, later, founded the School of the SEA. Twice – in 2008 and in 2013-I saw the School erased by an extraordinary typhoon, a foretaste of the climate crisis. I've realized that when you use the law and science to change the mind, it can change tomorrow. But when you change the heart, it is forever. In the midst of the ongoing climate and COVID-19 crises, I believe that we can change the story of the world if we change the storyline. “The seeds of goodness live in the soil of appreciation for goodness.”

Main Contents and Comment on the Law of the DPR Korea on Space Exploration

2021 ◽  
pp. 1-12
Author(s):  
Kum-Chol Ro ◽  
Yong-Nam Son ◽  
Kwang-Il Sin
Keyword(s):  
National Economy ◽  
Space Exploration ◽  
Republic Of Korea ◽  
International Space ◽  
National Legislation ◽  
National Space ◽  
Basic Law ◽  
The Law ◽  
Space Activities

Abstract On 1 April 2013, the Law of the Democratic People’s Republic of Korea on Space Exploration was enacted and promulgated by the Supreme People’s Assembly. The law is the first national legislation governing national space activities and it forms the basic law in the field of national space exploration. The enactment of this law provides a domestic legal guarantee for national space activities to the advantage of the country’s national economy and people’s livelihoods in conformity with the requirements of international space-related treaties. The paper provides a summary description and analysis of the national space legislation of the Democratic People’s Republic of Korea with an eye to the UN resolutions concerning national space legislation and other countries’ national space laws.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 53 Organization of American States: The OAS Guide and the Hague Principles

2021 ◽  
Author(s):  
Rodríguez José Antonio Moreno
Keyword(s):  
Latin America ◽  
International Standards ◽  
Organization Of American States ◽  
Member States ◽  
Applicable Law ◽  
American States ◽  
The Hague ◽  
The Law ◽  
The Relationship ◽  
A Current

This chapter reflects on the relationship between the Guide of the Organization of American States on the Applicable Law to International Commercial Contracts (OAS Guide) and the Hague Principles. The OAS Guide has several objectives. It proposes a current statement of the law applicable to international commercial contracts for the Americas as based on the fundamental principles of the Inter-American Convention on the Law Applicable to International Contracts, commonly known as the ‘Mexico Convention’, and with the incorporation of subsequent developments in the field to date, particularly as codified in the Hague Principles. The Guide also seeks to support efforts by OAS Member States to modernize their domestic laws on international commercial contracts in accordance with international standards. It further provides assistance to contracting parties in the Americas and their counsel in drafting and interpreting international commercial contracts; and serves as guidance to judges and arbitrators, who may find the Guide useful both to interpret and supplement domestic laws, particularly on matters in international commercial contracts that are not addressed in such laws.

Article 104 TFEU

2019 ◽  
Author(s):  
Manuel Kellerbauer
Keyword(s):  
Internal Market ◽  
Member States ◽  
Dominant Position ◽  
The Law

Article 84 EC Until the entry into force of the provisions adopted in pursuance of Article 103, the authorities in Member States shall rule on the admissibility of agreements, decisions and concerted practices and on abuse of a dominant position in the internal market in accordance with the law of their country and with the provisions of Article 101, in particular paragraph 3, and of Article 102.

Functionalism

2021 ◽  
pp. 17-32
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
Member State ◽  
International Law ◽  
International Organizations ◽  
Member States ◽  
Institutional Rules ◽  
Contractual Relationship ◽  
The Law

Functionalism is conventionally considered the mainstream paradigm of the law of international organizations: organizations are agents of their member states by the means of a contractual relationship; the law created by international organizations is purely international law; the institutional veil is characterized by a crystallin transparency; the autonomy of the organization is minimal and only granted by a rigid conferral of competences and few implied powers; the conduct of member states acting in the institutional forum is relevant as a matter of international law. This chapter introduces the historical roots of this conceptualization and elaborates why under this perspective the rules of the organizations are purely international law. It describes the flaws of this theory, discussing the breach of institutional rules by the organization and the adoption of countermeasures against a wrongful act committed by a member state.

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