scholarly journals International Integration Organizations and the Sovereignty of Member States

Legal Concept ◽  
2021 ◽  
pp. 137-143
Author(s):  
Dmitry Galushko ◽  
Keyword(s):  
International Relations ◽  
International Law ◽  
Intergovernmental Organizations ◽  
The European Union ◽  
International Integration ◽  
Member States ◽  
Scientific Methods ◽  
Modern System ◽  
General Scientific ◽  
Characteristic Features

Introduction: the paper analyzes the characteristics which are typical for the international integration organizations, generalized both at the doctrinal and normative levels, touches on the phenomenon of supranationality as a modern legal reality of international integration, and considers the basis for the transfer of sovereign powers by states, as the only bearers of sovereignty, to the international integration organizations. The purpose of the research is to study and analyze some aspects of the interaction between the international integration organizations and member states in the context of the supranational characteristics of such organizations. Methods: as part of the study, both the general scientific methods of cognition and the private legal methods (formal-legal, comparativelegal) were used. Results: the paper proves that the international integration organizations are a new reality of the modern system of international relations and international law. The author has established that such organizations have a number of characteristic features that distinguish them from the classical international intergovernmental organizations. As one of these main features, the author analyzes the phenomenon of supranationality, which is largely due to the voluntary transfer of their sovereign powers by the member states in favor of the integration associations. Conclusions: in contrast to the participation of states in the international organizations, the membership in the integration associations leads to the restriction of their sovereign rights by states, some of which are transferred to such an association. At the same time, such a transfer cannot be interpreted as their loss or the loss of their sovereign identity, because it’s the state who is the bearer of sovereignty. We are talking about the voluntary transfer of certain sovereign powers that can be revoked at any time, which can be seen in the example of the process of Britain’s exit from the European Union – Brexit.

Categories of “integration” and “disintegration” in international law: modern conceptual approaches

2020 ◽  
Vol 7 (2) ◽  
pp. 71-77
Author(s):  
Dmitriy V. Galushko
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
Scientific Research ◽  
Practical Significance ◽  
The European Union ◽  
Legal Doctrine ◽  
Methodological Basis ◽  
Modern System

The importance of the category of integration in the modern system of international relations can hardly be overestimated. The science of international law is no exception, and its development has recently been largely conditioned by the ongoing integration processes between states, the main subjects of international law. The very international legal doctrine has developed many approaches to the characteristics of its essential characteristics, including integration. Despite the objective nature of integration, its development in the context recent disintegration events that have taken place in the international arena and given rise to crisis phenomena (the first of which is, of course, the process of Britains withdrawal from the European Union), predetermine the relevance as well as the theoretical and practical significance of this article. The methodological basis of the work includes well-known general and specific methods of scientific research. The purpose and objectives of the article are to study the relevant problems and the essence of integration and disintegration processes in the international arena, characterize the main doctrinal approaches to them, and identify general trends as well as the essential characteristics and main features of these phenomena.

scholarly journals Super-mandatory rules in private international law

2021 ◽  
Vol 7 (Extra-C) ◽  
pp. 29-37
Author(s):  
Yury Alexandrovich Svirin ◽  
Sergej Nikolaevich Shestov ◽  
Vladislav Petrovich Sorokin ◽  
Marina Andreevna Simanova ◽  
Catherina Aleksandrovna Kukhturskaya
Keyword(s):  
International Relations ◽  
International Law ◽  
Private International Law ◽  
Legal Analysis ◽  
Effective Protection ◽  
Scientific Methods ◽  
Special Scientific ◽  
Mandatory Rules ◽  
General Scientific ◽  
Definition Of

The article studies the concept and the need to apply super-mandatory rules in international private relations. The concept of super-mandatory rules emerged in international law in the 20th century. However, different countries provide various definitions of such rules and develop different practices of their application. The diversification of this concept hinders the effective protection of violated rights and obligations of parties to international relations. Analyzing different acts of international law, the authors of the article offer their vision of super-mandatory rules. Methods: The topic was studied through general scientific methods and special scientific methods, including system-structural, historical, technical-legal analysis, comparative jurisprudence, etc. The objective is to examine the application of super-mandatory rules (in particular, their possible application in international private relations), as well as determine and formulate their essence. Results: The authors have studied the application of super-mandatory rules in various countries, including Russia. They have also formed the definition of super-mandatory rules and considered the possibility of their application in Russia.

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.

Foreign Affairs Federalism in the European Union

2019 ◽  
pp. 331-351
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Order ◽  
Foreign Affairs ◽  
The European Union ◽  
Member States ◽  
European Court ◽  
Treaty Of Rome ◽  
Formed Part ◽  
Mixed Agreements

The European Union was born as an international organization. The 1957 Treaty of Rome formed part of international law, although the European Court of Justice was eager to emphasize that the Union constitutes “a new legal order” of international law. With time, this new legal order has indeed evolved into a true “federation of States.” Yet how would the foreign affairs powers of this new supranational entity be divided? Would the European Union gradually replace the member states, or would it preserve their distinct and diverse foreign affairs voices? In the past sixty years, the Union has indeed significantly sharpened its foreign affairs powers. While still based on the idea that it has no plenary power, the Union’s external competences have expanded dramatically, and today it is hard to identify a nucleus of exclusive foreign affairs powers reserved for the member states. And in contrast to a classic international law perspective, the Union’s member states only enjoy limited treaty-making powers under European law. Their foreign affairs powers are limited by the exclusive powers of the Union, and they may be preempted through European legislation. There are, however, moments when both the Union and its states enjoy overlapping foreign affairs powers. For these situations, the Union legal order has devised a number of cooperative mechanisms to safeguard a degree of “unity” in the external actions of the Union. Mixed agreements constitute an international mechanism that brings the Union and the member states to the same negotiating table. The second constitutional device is internal to the Union legal order: the duty of cooperation.

scholarly journals Peculiarities and main characteristics of the legal English language

Litera ◽  
2020 ◽  
pp. 177-182
Author(s):  
Natalia Kurchinskaya-Grasso
Keyword(s):  
International Relations ◽  
International Law ◽  
English Language ◽  
Comparative Method ◽  
Translation Studies ◽  
Entire System ◽  
The European Union ◽  
Linguistic Structure ◽  
Legal Texts ◽  
Descriptive Method

This article examines the peculiarities of the legal English language as the object of translation studies. Currently, English language is dominant in international relations and business, and plays a significant role as legal language within the European Union. Legal English is a global phenomenon. This style of English language is used by the lawyers and other legal experts in their work. In the conditions of globalization of English language, it is necessary to be scrupulous about translation of the legal English in order to avoid inaccuracies in the entire system of international law. Therefore, the goal of this article consists in consideration of the unique characteristics of legal English associated with its origin, terminology, linguistic structure, linguistic peculiarities, and punctuation. The work employs descriptive method, comparative method, and method of applied comparative jurisprudence. The conclusion is made that legal English developed under the influence of languages previously used in the legal system, which is reflected in modern legal terminology and linguistic structure of the legal English language and requires attention in translation. Taking into account the aforementioned peculiarities would be of much help the legal translator in working with legal texts in English language.

scholarly journals Explaining the European Union’s Changing Position towards the Gibraltar Question after the Brexit Referendum

2017 ◽  
Vol 8 (4-1) ◽  
pp. 21-30
Author(s):  
Uğur Burç Yıldız İ ◽  
Anıl Çamyamaç
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Political Parties ◽  
International Law ◽  
Social Constructivism ◽  
The European Union ◽  
Member States ◽  
Policy Choices ◽  
Near Future ◽  
First Time

Abstract Having previously remained impartial on the Gibraltar question between Spain and Britain since both were member states, the European Union suddenly changed its position after the Brexit referendum in favor of the Spanish government at the expense of breaching international law. In doing so, the European Union, for the first time, created a foreign policy on the long-standing Gibraltar question. This article explores the reasons behind the creation of this foreign policy in support of Spain. The European Union feared that the idea of Euroscepticism may escalate among remaining member states after the Brexit referendum because of wide-spread claims that it would dissolve in the near future, fuelled by farright political parties. The European Union therefore created a foreign policy regarding Gibraltar in Spain’s favor in order to promote a “sense of community” for thwarting a further rise in Euroscepticism. While making its analysis, the article applies the assumption of social constructivism that ideas shape interests, which then determine the foreign policy choices of actors.

13. The European Commission

2020 ◽  
pp. 238-256
Author(s):  
Simon Bulmer ◽  
Owen Parker ◽  
Ian Bache ◽  
Stephen George ◽  
Charlotte Burns
Keyword(s):  
European Union ◽  
International Relations ◽  
European Commission ◽  
Financial Management ◽  
Policy Making ◽  
The European Union ◽  
Political Actor ◽  
Member States ◽  
Effective Implementation ◽  
Eu Policies

This chapter examines the European Commission’s functions and structure, along with its role in policy making. The Commission initiates legislation, may act as a mediator, manages some policy areas, is guardian of the Treaties, is a key actor in international relations, and the ‘conscience of the European Union’. The chapter proceeds by discussing the debate on the extent to which the Commission is an autonomous political actor or simply an agent of the member states. Finally, it analyses the increasing challenges faced by the Commission in securing effective implementation of EU policies and its response to concerns over its financial management of EU programmes.

Forced Migration Governance: In Search of Sovereignty

2016 ◽  
Vol 17 (6) ◽  
pp. 923-948 ◽  
Author(s):  
Anuscheh Farahat ◽  
Nora Markard
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Third World ◽  
Forced Migration ◽  
Loss Of Control ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Refugee Protection ◽  
The Eu

The European Union (EU) Member States have experienced the recent refugee protection crisis in the EU as a de-facto loss of control over their borders. They find themselves unable to subject entry into their territory to a sovereign decision. In response, the Member States have sought to regain full sovereignty over matters of forced migration, both unilaterally and cooperatively, seeking to govern a phenomenon—forced migration—that by definition defies governance. Unilateral measures include forced migration caps and a search for ways to circumvent responsibility under the Dublin system. Cooperative efforts by EU Member States include the search for ways to more effectively govern forced migration at the EU level and beyond. Supranational EU efforts include the introduction of an internal relocation scheme and support for Italy and Greece in processing asylum claims in so-called “hotspots.” Beyond the EU, Member States are seeking to externalize protection responsibility to third world countries under international agreements, in particular, by returning asylum seekers to Turkey. This Article outlines the unilateral and cooperative governance efforts undertaken and shows that states' sovereign decisions over migration are significantly limited in the case of forced migrants, both by EU law and by international law.

scholarly journals Brexit and Acquired Rights

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 440-444 ◽  
Author(s):  
Michael Waibel
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Public International Law ◽  
The United Kingdom ◽  
Article 50

On March 29, 2017, the U.K. Government triggered Article 50 of the Treaty on European Union (TEU) on withdrawal from the European Union following a referendum on June 23, 2016 in which 51.89 percent voted for the United Kingdom to leave the European Union. As a hybrid provision, the much-discussed withdrawal provision in Article 50 TEU is part of EU law yet also anchored in public international law. Although the European Union is a unique, supranational organization that creates rights for individuals that are directly effective in national law, its member states created the European Union based on traditional treaties under international law.

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