Portuguese–Spanish river basins: bilateral agreements' evolution and context

2000 ◽  
Vol 42 (1-2) ◽  
pp. 227-233 ◽  
Author(s):  
R. Maia
Keyword(s):  
European Union ◽  
International Law ◽  
Sustainable Use ◽  
River Basins ◽  
The European Union ◽  
European Union Law ◽  
Potential Production ◽  
International Rivers ◽  
Bilateral Agreements ◽  
Ecosystem Protection

The main aim of the Portuguese–Spanish active bilateral international rivers Conventions (1964 and 1968) was to rule on the sharing of water and hydroelectric potential production of bordering river stretches. The new “Convention on Cooperation for Portuguese–Spanish River Basins Protection and Sustainable Use”, signed by the two governments but still to be ratified, envisages co-ordinating efforts on shared river basins management, aiming to attain improved risk prevention and ecosystem protection on those basins, respecting modern principles of international law. An analysis of the new Portuguese–Spanish Convention will be presented, bearing in mind international and European Union law and principles, namely the European Union Water Framework Directive Proposal. Different issues such as water resources development, protection and management of the Portuguese–Spanish river basins, including an envisaged flow regime definition, will be analysed, always according to the legal and political paradigms.

Operation Sophia in Uncharted Waters: European and International Law Challenges for the eu Naval Mission in the Mediterranean Sea

2016 ◽  
Vol 85 (3) ◽  
pp. 235-259 ◽  
Author(s):  
Graham Butler ◽  
Martin Ratcovich
Keyword(s):  
European Union ◽  
International Law ◽  
Mediterranean Sea ◽  
International Human Rights Law ◽  
The European Union ◽  
European Union Law ◽  
Refugee Law ◽  
Legal Challenges ◽  
The Mediterranean ◽  
International Refugee Law

This article addresses the main legal challenges facing the European Union (eu) Naval Force, eunavfor Med (‘Operation Sophia’), established in 2015, to disrupt human smuggling and trafficking activities in the Mediterranean Sea. It examines a number of legal issues that have given rise to scepticism on the viability of this type of operation, ranging from challenges under European Union law regarding mandate and oversight, to complex questions of compliance with international law. Forcible measures may be at variance with the international law of the sea, binding on the eu and its Member States alike. Even if such strictures can be avoided by a broad United Nations mandate and/or the consent of the neighbouring government(s), international refugee law and international human rights law provide limitations on the measures that Operation Sophia will be tasked with. Different avenues will be explored to ensure the Operation’s compliance with these different legal regimes.

Analysis of international law on Unmanned Aerial Vehicles through the prism of European Union law

2019 ◽  
Vol 4 ◽  
pp. 73-93 ◽  
Author(s):  
Mateusz Gregorski
Keyword(s):  
European Union ◽  
Unmanned Aerial Vehicles ◽  
International Law ◽  
Legal Status ◽  
Current Status ◽  
The European Union ◽  
European Union Law ◽  
Consultation Process ◽  
Aerial Vehicles ◽  
International Legal System

The paper covers the topic of unmanned aerial vehicles in European and international law. Proposed changes and planned new regulations are also included in the overview. After introducing the basic terminology, the article tackles the problem of international responsibility and legal collision. Further analysis presents the division of legal competencies connected with unmanned aviation in the international legal system. In this context the current status of the EASA consultation process has also been presented. The aim of this process is to deliver new regulations for unmanned aerial vehicles in the European Union. The article summarizes the current legal status of unmanned aviation, including also ongoing legislation processes.

Two Legal Orders: Divergent or Convergent?

1999 ◽  
Vol 48 (2) ◽  
pp. 257-284 ◽  
Author(s):  
Eileen Denza
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Order ◽  
The European Union ◽  
European Union Law ◽  
Public International Law ◽  
European Court ◽  
Effective System ◽  
Ec Law ◽  
Treaty Of Amsterdam

The conclusion of the Treaty of Amsterdam and its progress through the ratification procedures of the 15 member States of the European Union provides an occasion to re-examine a familiar question. What is meant by the claim by the European Court of Justice that the European Com-munity Treaties have created “a new legal order of international law”1 or, more radically, “a new legal order”?2 Is EC law to be regarded as a particularly effective system of regional international law, or has it been created as, or mutated into, an entirely new species of law? If there are indeed two legal orders, to what extent are they still capable of cross-fertilisation? What about “European Union law”? Have the Treaty on European Union and now the Treaty of Amsterdam eroded the dichotomy between the two legal orders of public international law and EU law? Is public international law itself taking on some of the characteristics which have made EC law an attractive as well as an effective system for regulating relations between sovereign States? Are the two streams converging?

An Outline of the Legal Protection of Air in Poland and the European Union

2016 ◽  
Vol 8 (2) ◽  
pp. 0-0
Author(s):  
Marcin Jurgilewicz ◽  
Oktawia Jurgilewicz
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
International Law ◽  
Environmental Protection ◽  
Legal Protection ◽  
The European Union ◽  
European Union Law ◽  
Economic Transformations ◽  
Late Twentieth ◽  
Late Twentieth Century

Air Protection is clearly an issue regulated both under Polish, as well as international, law especially European Union law. The area of this regulation is part of wide-ranging environmental protection issues, the essence of which should be considered mainly in the light of the numerous socio-economic transformations of the late twentieth century, as well as the development of the structures of the European Union and the Polish membership of this organisation since 2004. Currently, the broad regulations on air protection have been amended many times already by the Act of 27 April 2001. Environmental Protection Law and implementing Acts issued on its basis, define first and foremost the principles for the protection of the environment and conditions for the use of its resources, taking into account the requirements of sustainable development and, in particular, the rules determining the conditions of conservation of the environment, the conditions for the introduction of substances or energy into the environment, the costs of using the environment as well as the responsibilities of authorities and responsibilities and sanctions. Its provisions do not apply to matters covered in nuclear law and in respect of the obligation to hold a permit, issue a decision on an acceptable level of noise, or pay fees in the case of conducting rescue operations, as well as the noise arising in connection with the widespread use of the environment. This article includes the issues of formation and characteristics of the current normative regulations relating to the protection of the air as part of the environment both in regard to Polish, as well as foreign, legislation.

scholarly journals La nueva reivindicación de la secesión de Cataluña en el contexto normativo de la Constitución española de 1978 y el Tratado de Lisboa = The last demand of secession in Catalonia under Spanish Constitution 1978 and Lisbon Treaty

2013 ◽  
pp. 89 ◽  
Author(s):  
Javier Ruipérez Alamillo
Keyword(s):  
European Union ◽  
International Law ◽  
Constitutional Law ◽  
The Political ◽  
The European Union ◽  
European Union Law ◽  
Spanish Constitution ◽  
Constitutional State ◽  
Internal Problem ◽  
Set Up

El presente escrito aborda el problema político y jurídico que representan para el Estado las propuestas independentistas del nacionalismo catalán. Nuestra tesis es, partiendo de la compatibilidad absoluta del Derecho Internacional y del Derecho Constitucional, que la respuesta a si una entidad territorial puede decidir unilateralmente independizarse del Estado es, en un Estado Constitucional democrático, necesariamente negativa. En concreto, mantenemos que cuando no es posible apelar al Derecho Internacional Humanitario, el problema de la secesión es un problema puramente interno de un Estado que, por lo tanto, no es en el Derecho de la Unión Europea, sino en el Derecho Constitucional español, y la Teoría democrática del Pouvoir Constituant, donde habrá de buscarse la solución al problema que plantea el nacionalismo catalán.The present document studies the political and juridical problem that the independence proposals of the catalonian nationalism represents for the Spanish State. Our thesis, beginning with de absolute compatibility between International Law and Constitutional Law, is that the answer to the question if a territorial entity can decide by itself to become independent, in a democratic Constitutional State, is necessarily negative. To sum up, we maintain that when it is not possible to appeal to the Humanitarian International Law, the seccesion is a merely internal problem of a State and, so that, it is not in the European Union Law, but in the Spanish Constitutional Law, and the democratic Theory of the Pouvoir Constituant, where you must look for a solution to the problem set up by the catalonian nationalism.

scholarly journals The Relationship Between the European Union Law and the Double Tax Treaties

2021 ◽  
Vol 61 (5) ◽  
pp. 277-286
Keyword(s):  
European Union ◽  
International Law ◽  
Eu Law ◽  
Legal Analysis ◽  
The European Union ◽  
European Union Law ◽  
Legislative Changes ◽  
National Perspective ◽  
The Many ◽  
The Eu

The European Union law (EU law) and the international law are two different but complementary systems. The variety of cases, the dynamic matter, as well as the many legislative changes both from international and national perspective in the field of direct taxes, gives rise to the necessity to delineate the boundaries between the EU law and the international law. This would help to ensure the proper law enforcement and to limit the possible conflicts between them. In the present paper, through a comparative legal analysis of the relevant case law of the Court of Justice of the European Union (CJEU), the scope of the EU law is derived, as well as its interaction with international law. This helps to draw conclusions about their relationship, and in particular in the observance of their hierarchy in practical cases.

scholarly journals The Impact Of Rome I Regulatıon In Albanıan Prıvate Internatıonal Law

2016 ◽  
Vol 12 (4) ◽  
pp. 150
Author(s):  
Ilda Mucmataj
Keyword(s):  
European Union ◽  
International Law ◽  
Private International Law ◽  
The European Union ◽  
Economic Activities ◽  
European Union Law ◽  
Conflict Of Laws ◽  
Contractual Obligations ◽  
Rome I ◽  
The Impact

In terms of globalization, the economic activities have overcome national boundaries of states. So due to people’s mobility and their frequent relations in private field, the number of private international actions has increased as well, and gives in this way the importance of private international law. The conflict of law rules in the national law were not unaffected by European integration. So, the developments that took place in the European Union in the field of private international law over the past years had a large impact on the national conflict of laws rules in Albania, especially on the conflict of laws rules of certain specific areas of law. The aim of this article is to analyze the interaction between European Union law and the Albanian conflict of laws rules in the area of contractual obligations. So on one hand, I have presented a general analysis on the main provisions of the EC Regulation No. 593/2008 of The European Parliament and of the Council of 17 June 2008 on the Law applicable to contractual obligations, known as (Rome I), as the role of the European Union is becoming increasingly active in PIL. While, on the other hand I have presented a short introduction of the historical development of APIL and its characteristics and then I have given a comparative view of Albanian Private international Law relating to the contractual obligations with the focus on party autonomy provisions. The article concludes with a short conclusion.

scholarly journals A Relação entre Direito Comunitário e Direito Internacional Regional – A Adesão da União Europeia à Convenção Europeia de Direitos Humanos

2012 ◽  
Vol 7 (1) ◽  
Author(s):  
Iris Saraiva Russowsky
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
Regional Integration ◽  
Lisbon Treaty ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Relationship

Resumo: O presente trabalho busca analisar a relação entre direito comunitário e o direito internacional a partir da integração regional ocorrida na União Europeia. Busca-se analisar a viabilidade da adesão da União Europeia à Convenção Europeia de Direitos Humanos (CEDH), levando-se em conta, principalmente, a atuação do Tribunal de Justiça da União Europeia (TJUE) e a reformulação ocorrida no bloco com o Tratado de Lisboa (2009). Palavras-chave: Direito Comunitário; Direito Internacional; União Europeia; Adesão à CEDH. Abstract: This study aims to analyze the relationship between European Union law and international law from the regional integration occurred in Europe. It analyzes the viability of the European Union's adherence to the European Convention of Human Rights (ECHR), taking into account mainly the work of the Court of Justice of the European Union (CJEU) and the reformulation occurred in the block before the Lisbon Treaty (2009).  Keywords: European Union Law; International Law; European Union; Adherence to European Convention of Human Rights.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

Sign in / Sign up

Export Citation Format

Share Document