scholarly journals International Law in Russia, Ukraine, and Belarus: Modern Integration Projects

2019 ◽  
Vol 7 (3) ◽  
pp. 107-133 ◽  
Author(s):  
Paul Kalinichenko ◽  
Roman Petrov ◽  
Maksim Karliuk
Keyword(s):  
International Law ◽  
Economic Integration ◽  
Legal System ◽  
Regional Integration ◽  
Political Economic ◽  
Former Ussr ◽  
Legal Integration ◽  
The Eu

Modern challenges for international law application in the former USSR countries are inextricably linked to the regional integration issues. Despite seeking closer rapprochement with the EU, Russia never dropped its ambitions as a spearhead of political, economic and legal integration within the post-Soviet area. Belarus actively participates in the post-Soviet integration projects while seeking improvements of EU-Belarus relations. However, Ukraine embarked upon a long and challenging path of deeper political and economic integration with the EU and aligning its legal system with the EU acquis. Against this backdrop, this article studies the constitutional dimension of three post-Soviet republic’s engagement in regional integration projects identifying the problematic issues in the application of international law.

scholarly journals ON VARIETY OF INTEGRATION PROCESSES IN EUROPE

2013 ◽  
pp. 98-105
Author(s):  
L. S. Voronkov
Keyword(s):  
Regional Integration ◽  
Legal Norms ◽  
Soviet Space ◽  
Specific Interests ◽  
Political Economic ◽  
Globalized World ◽  
European Situation ◽  
Former Ussr ◽  
The Eu ◽  
Post Soviet Space

On the basis of analysis of integration processes between Nordic, Benelux countries and post-soviet states in Europe the author expresses hesitations in accepting the integration experiences gained by the EU as the criterion of efficiency and the pattern for the post-Soviet space. He does not consider that an involvement of all countries with market economy into processes of regional integration, if they do not try to achieve certain political aims through integration, is the universal regularity in the globalized world. In these cases neither free trade zones nor custom unions can be considered as integration stages, but they continue to be the tools for further development of trade. The author proposes to assess the EU evolution with regard to the legal norms of international organizations, where state sovereignty of members is strengthened, not given up to supernational bodies. In case the idea of reestablishment of an unified state on the remains of the former USSR, linked to the necessity to hand over the recently acquired sovereignty to it, is laid down to the ground for practical measures of integration, this kind of integration will hardly be attractive to the potential post-Soviet participants. This perspective is hardly desired for Russia either. The integration path of the EU reflects the peculiarities of the European situation and specific interests of its member states. Many details of the EU activity are not applicable to other integration groupings in Europe and membership criteria in every of them is not universal. Any efforts to construct integration processes in the post-Soviet space in accordance to the EU model without proper consideration to integration experiences of other countries and to political, economic, social, cultural, demographic, military peculiarities of the countries concerned seem to be not acceptable and founded.

scholarly journals O rozgraniczaniu statutów i wsysaniu regulacji prawnej (na przykładzie prawa stosowanego do oceny różnych aspektów powołania i funkcjonowania wykonawcy testamentu i zarządcy sukcesyjnego przedsiębiorstwem)

2020 ◽  
pp. 159-177
Author(s):  
Maksymilian Pazdan
Keyword(s):  
International Law ◽  
Legal System ◽  
Private International Law ◽  
Legal Basis ◽  
Legal Rules ◽  
Eu Regulation ◽  
The Will ◽  
The Law ◽  
The Eu

The position of the executor of the will is governed by the law applicable to succession (Article 23(2)(f) of the EU Regulation 650/2012), while the position of the succession administrator of the estate of a business of a physical person located in Poland is subject to the Law of 5 July 2018 on the succession administration of the business of a physical person (the legal basis for such solution is in Article 30 of the EU Regulation 650/2012). However, if the court needs to determine the law applicable to certain aspects of appointing or functioning of these institutions, which have a nature of partial or preliminary questions, these laws will apply, as determined in line with the methods elaborated to deal with partial and preliminary questions in private international law. The rules devoted to the executors of wills are usually not self-standing. In such situations, the legislators most often call for supportive application of the rules designed for other matters existing in the same legal system (here — of the legis successionis). This is referred to as the absorption of the legal rules.

1. The Nature of the International Legal System

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
International Law ◽  
Legal System ◽  
International Community ◽  
Legal Rules ◽  
System P ◽  
Cultural Processes ◽  
International Legal System ◽  
Political Economic

International law is a description of an entire legal system: the international legal system. It is an international legal system by which legal rules are created in order to structure and organise societies and relationships. It acknowledges the influence of political, economic, social and cultural processes upon the development of legal rules. This chapter discusses the relevance of international law; the international community and international law; theories of international law; and the practice of international law.

scholarly journals International Law

2013 ◽  
Author(s):  
MJ Peterson
Keyword(s):  
International Law ◽  
Legal System ◽  
International System ◽  
State Regulation ◽  
Political Processes ◽  
Law And Politics ◽  
Indigenous Groups ◽  
Independent States ◽  
Standards Of Conduct ◽  
Political Economic

International law can be defined as the substantive norms and rules and related procedural codes that govern relations among states, and the conduct of transactions and relationships across national borders. It is one of the fundamental institutions of the international system, simultaneously reaffirming the organization of the world into autonomous states and providing their governments and other international actors with a set of publicly expressed common standards of conduct and procedures, organizing the provision of governance for an increasingly interconnected world. Initially addressing only relations among sovereign (independent) states, its reach expanded during the period 1860–2000 to include interactions of states with intergovernmental organizations and humans (as peoples, ethnic, racial, religious, or indigenous groups, or as individuals) and state regulation of human conduct within the natural environment. Two broad debates in legal philosophy—one focused on whether the term “law” should be defined as a body or rules or as the set of interactions through which rules are made, amended, and applied; and the other on whether “law” denotes commands backed by centralized force or social norms treated as obligatory for all members of a society—continue to influence how scholars approach international law, as will be elaborated in later sections. Given the continuing decentralization of global-level governance, it appears more useful to use the term “international law” to denote a body of rules, procedures, and related doctrines for interpreting them, and the term “international legal system” to denote two sets of related activity, the highly political processes of making, amending, and occasionally discarding rules, and the more rule-bound processes of applying the existing rules to behavior and using them to resolve particular disputes. Though the political and the legal sometimes intertwine, distinguishing between the two helps make sense of the expansion of the rules to cover more issue areas and the expansion of rule-making to include not only the non-Western states returning to independence after European colonial domination but also the activities of nonstate actors. Distinguishing between law and politics also highlights the effects of legal rules as they encourage some possible courses of action while discouraging others. Thus the study of international law today involves three distinct activities: (1) understanding international law as a distinct legal system; (2) understanding the potentials and limits of using it as a technique for organizing and conducting governance; and (3) drawing on it as an intellectual resource for advancing political, economic, social, and moral goals.

10. The Future of the English Legal System

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Human Rights ◽  
Legal System ◽  
The Other ◽  
European Convention ◽  
Essential Information ◽  
System P ◽  
The Future ◽  
The Times ◽  
Political Economic ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This concluding chapter assesses the future of the English legal system (ELS). It argues that the ELS will continue to grow and develop in order to move with the times. Each development may individually not have such significant impact on the ELS; however, when coupled with the other development, it is more likely that the development may significantly alter people's understanding of the ELS. Change in the ELS may come from political, economic, legal, social, and international factors. The chapter then considers some of the key debates, events, and activities that may shape the future of the ELS. These issues include the UK's membership in the EU, signatory of the European Convention on Human Rights, and transformation of the justice system.

scholarly journals Party autonomy and the law applicable to the matrimonial property regimes in Europe = La autonomía de la voluntad y la ley aplicable a los regímenes matrimoniales en Europa

2018 ◽  
Vol 10 (2) ◽  
pp. 579
Author(s):  
Elena Alina Oprea
Keyword(s):  
International Law ◽  
Legal System ◽  
System Change ◽  
Hague Convention ◽  
Private International Law ◽  
Party Autonomy ◽  
Eu Regulation ◽  
The Law ◽  
Property Regimes ◽  
The Eu

 Abstract: In a private international law context reflecting significant divergences between the ob­jective choice-of-law rules for matrimonial property regimes, the principle of party autonomy appears as a salutary solution, bringing certainty, predictability and simplicity, while satisfying also the spouses’ substantial interests. The study focuses on the rules devoted to this principle by the European legislator in the (EU) Regulation no 2016/1103, attempting to outline its regime and insisting, particularly, on its admissibility and on the limitations that accompany its practical exercise. Providing a sufficient fra­mework for discussion and helping to illustrate the implications of the European text, the rules of the Romanian Civil Code and of the 1978 Hague Convention on the law applicable to matrimonial property regimes will serve as a benchmark.Keywords: matrimonial property regimes, EU Regulation no 2016/1103, autonomy of will, electio juris agreements, states with more than one legal system, change of the applicable law.Resumen: En un contexto de derecho internacional privado que refleja divergencias significativas entre las reglas objetivas de elección de los regímenes matrimoniales, el principio de autonomía de las partes aparece como una solución saludable, aportando certeza, previsibilidad y simplicidad, al tiempo que satisface también los intereses sustanciales de los cónyuges. El estudio se centra en las normas dedicadas a este principio por el legislador europeo en el Reglamento (UE) n. ° 2016/1103, que intenta delinear su régimen e insistir, en particular, en su admisibilidad y en las limitaciones que acompañan a su ejercicio práctico. Proporcionar un marco suficiente para el debate y ayudar a ilustrar las implicaciones del texto europeo, las normas del Código Civil rumano y del Convenio de La Haya de 1978 sobre la ley aplicable a los regímenes matrimoniales de propiedad servirán como punto de referencia.Palabras clave: regímenes económicos matrimoniales, Reglamento (UE) no 2016/1103, auto­nomía de la voluntad, acuerdo de elección de la ley aplicable, estados con diversos regímenes jurídicos, cambio de la ley aplicable.

The Israeli Legal System

2019 ◽  
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Legal System ◽  
Tort Law ◽  
Company Law ◽  
Tax Law ◽  
Private International Law ◽  
Management Consultants ◽  
System P ◽  
The Eu

This Volume offers an introduction to Israeli legal system. It includes a detailed analysis of the Foundations of the Israeli Law, especially: history and legal sources of Israeli law constitutional law tort law intellectual property law trusts and antitrust law company law labour and tax law family law criminal Law private international law Israel and the EU Israel and international law The authors are specialists in their respective fields and teach at renowned Israeli universities. The volume is highly recommended for students, trainees, but also for lawyers, tax and management consultants, practitioners in business, administration, justice, media and anyone else who comes into contact with Israeli law.

scholarly journals Conceptual problems of construction of the constitutional and legal model of adversarial proceedings of the criminal process of Ukraine

2020 ◽  
pp. 96-102
Author(s):  
Mariia Мarkush
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal System ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Competitive Model ◽  
Legal Model ◽  
Conceptual Problems ◽  
The Eu

The article is devoted to the conceptual problems of building a competitive model of the criminal process of Ukraine under thecurrent Criminal Procedure Code of Ukraine (the CPC of Ukraine).Scientific understanding of the constitutional and legal essence and functionality of the modern model of the criminal process ofUkraine can be essential only when its concept is unquestionably based on the provisions of the Constitution of Ukraine andinternational legal standards and is carried out in terms of constitutional principles: rule of law, independence of court, right toprotection. as well as the principles of adversarial and other principles of justice. In the context of reforming the legal system of Ukrainein the European integration process, there is a convergence of the domestic legal system with the EU legal system, so the relevance ofthe study of the conceptual framework of the criminal process of Ukraine on the basis of international human rights law objectivelyincreases.The Association of Ukraine to the EU necessitated the adoption of a number of legal principles, first of all the rule of law andadversarial principles, through international law, and not exclusively through national prism, because their modern understanding isgreatly influenced by such judgemental factors as: 1) codification of international law and its progressive development; 2) compliancewith the international legal obligations of Ukraine as a subject of international law in the field of human rights protection, arising fromboth international treaties and customary international law; 3) the responsibility of Ukraine as a subject of international law for theimplementation of international obligations. The article analyzes the national experience of legal regulation of adversarial proceedings in criminal proceedings, explores va -rious scientific approaches to this problem and concludes on the actual inequality of the parties in criminal proceedings, as well asdefines the legislative model of the criminal process in Ukraine. The analysis of international legal acts, provisions of the Constitutionof Ukraine, CPC of Ukraine and positions of procedural scholars given in the article gives grounds to state that the tendencies of deve -lopment of criminal procedure legislation of Ukraine bring the criminal process of Ukraine closer to the public-competitive model withAnglo-Saxon elements on an international and constitutional conceptual basis.The conceptual foundations of the modern criminal process of Ukraine are a system of theoretical, legal and praxeological provisionsof general nature, enshrined in the provisions of international legal documents that define international standards in the field ofhuman rights and the Constitution of Ukraine, which directly affect the content and model of domestic criminal process. The basic basisof the concept of the criminal process of Ukraine is the Constitution of Ukraine, which determines the basis and form of any legal phenomenonin the state. Despite the fact that the concept primarily reflects the theoretical foundations, basic principles and prerequisitesof a particular activity, it forms the basic concepts, schemes and forms according to which this activity is implemented. Thus, changingthe conceptual basis of criminal procedure is its most radical reform, as it leads to the need to abandon previously substantiated postulatesand standards of thinking and action, to change the basic concepts that ensure a holistic perception of the system of this activity,and therefore should be based on Constitution of Ukraine, which will build a constitutional and legal model of adversarial criminal proceedingsin Ukraine.

scholarly journals The concept of institutionalised disintegration: towards a recognition of the EU institutions anew

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Alan Żukowski
Keyword(s):  
International Law ◽  
Legal System ◽  
Scientific Method ◽  
Specific Role ◽  
Public International Law ◽  
The Eu

Abstract The main purpose of this article is to recognise an ongoing phenomenon of disintegration in legal terms. A specific role of the EU institutions is inevitable because of supranational relations’ nature and to-date momentum of public international law. Briefly, disintegration supported by the EU institutions may be the expected solution. Therefore, the concept of institutionalised disintegration is the author’s proposal for using the EU acquis to create a new (autonomous) treaty regime of public international law and to define the EU institutions anew. The basis for reconciliation of institutions and disintegration is to constitute the scientific method on so-called legal phenomena that combine dogmas and functions of law in general. Legal phenomena are correlated with de lege ferenda proposals that – mainly critically – react to current challenges. Challenges – in turn – are derived from a de lege lata analysis of the politico-legal system (especially understanding of the institution, mapping of disintegration and examination of legislative methods).

scholarly journals METHODOLOGY OF REGIONAL INTEGRATION

2018 ◽  
Vol 63 (3) ◽  
pp. 366-376
Author(s):  
T. N. Mikhaliova
Keyword(s):  
International Law ◽  
Regional Integration ◽  
Traditional Method ◽  
Legal Regulation ◽  
Eu Law ◽  
Integration Process ◽  
Regional Organizations ◽  
Integration Methods ◽  
Law Making ◽  
The Eu

Traditional method of international law is consensual one. Regional integration needs special methodology. The article reveals peculiarities of different methods of regional integration (intergovernmental, Community method, method of open coordination). The examples of application of integration methods in practice of different regional organizations are given. The EU law-making process is characterized with regards to choice of the method of legal regulation. The integration process demands wider application of community methods of legal regulation. However, some mechanisms for balancing the interests of diverse actors of integration are necessary, including through interaction and codependence of the latter in supranational methodology of regional integration. 

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