scholarly journals The European Union’s instruments on fighting illegal logging – selected legal issues

2020 ◽  
Vol 17 (4) ◽  
pp. 53-68
Author(s):  
Adriana Kalicka-Mikołajczyk
Keyword(s):  
Poverty Reduction ◽  
Sustainable Forest Management ◽  
Negative Impact ◽  
Forest Degradation ◽  
Legal Order ◽  
Legal Issues ◽  
Illegal Logging ◽  
Economic Growth And Development ◽  
Legal Character ◽  
The Eu

Illegal logging is a significant problem of major international community concern because it has a devastating impact on some of the world’s most valuable remaining forests and contributes to tropical deforestation and forest degradation. Furthermore, it threatens biodiversity and undermines sustainable forest management, having a negative impact on poverty reduction, sustainable and inclusive economic growth and development. The article presents instruments adopted by the EU in order to combat illegal timber logging. The author describes their material scope and legal character, dividing them into two groups: internal and international legally binding instruments and soft law instruments, in order to answer the question about their legal character and position in the EU legal order and in national orders of the Member States.

scholarly journals The EU Air Transport Liberalization and Re-Regulation

2011 ◽  
Vol 11 (2) ◽  
pp. 7-42 ◽  
Author(s):  
Francesco Gaspari
Keyword(s):  
Legal Order ◽  
Legal Issues ◽  
International Organization ◽  
The Other ◽  
Air Transport ◽  
The Political ◽  
Global Approach ◽  
Transport Services ◽  
Potential Benefits ◽  
The Eu

Abstract Over the last decades, international air transport liberalization has steadily evolved. As a consequence, many initiatives all over the world have paved the way to enhance international air transport liberalization, and numerous models have been hypothesized for a new multilateral aviation regime to supplant bilateralism, which however, remains the primary vehicle for liberalizing international air transport services for most States. Th e present study aims at investigating the EU experience in the field of liberalization and re-regulation of air transport, taking into account the other approaches developed internationally, where relevant. Th e paper is divided into four sections. Aft er having introduced, in the first section, the different forms and venues of liberalization and regulation of international air transport, the process of Community liberalizations is analyzed, taking into account, on one side, the most recent air transport agreements in this field between the EU and third countries and, on the other side, the actual and potential benefits and drawbacks stemming from the implementation of these liberalization policies, which are still ongoing. In the last part of the paper, a new legal order in international air transport - stemming from the recent liberalization and re-regulation policies in the "Old Continent" - will be identified. In order to overcome the political and legal issues brought about by the liberalization and re-regulation of air transport worldwide, the paper concludes that stronger cooperation between international and regional actors must be implemented, and a global approach within a specialized international organization should be enhanced.

scholarly journals Resources and Rules of the Game: Participation of Civil Society in REDD+ and FLEGT-VPA Processes in Lao PDR

2017 ◽  
Author(s):  
Irmeli Mustalahti ◽  
Mathias Cramm ◽  
Sabaheta Ramcilovik-Suominen ◽  
Yitagesu Tekle
Keyword(s):  
Civil Society ◽  
Action Plan ◽  
Forest Policy ◽  
Lao Pdr ◽  
Forest Degradation ◽  
Forest Governance ◽  
Illegal Logging ◽  
The European Union ◽  
Rules Of The Game ◽  
The Eu

REDD+ (Reducing Emissions from Deforestation and Forest Degradation) aims to achieve its purpose by working across multiple sectors and involving multi-level actors in reducing deforestation and forest degradation in tropical countries. By contrast, the European Union (EU) Action Plan on Forest Law Enforcement, Governance and Trade (FLEGT) and its Voluntary Partnership Agreements (VPAs) focus on forestry and functions at bilateral state level. The FLEGT Action Plan specifically aims to tackle illegal logging, legalise timber production and trade improve forest governance in countries exporting tropical timber to the EU. Since illegal logging is just one driver of deforestation and forest degeneration, and legalisation of logging does not necessarily reduce deforestation and forest degradation, the two instruments differ in scale and scope. However, by addressing the causes of deforestation and forest degradation and their underlying governance issues, the EU FLEGT and REDD+ share many functional linkages at higher levels of forest policy and forest governance. The contribution and participation of civil society organisations (CSOs) and other actors is imperative to both processes. Our study is based on a survey of key actors (national and international) in REDD+ and FLEGT VPA processes in the Lao People’s Democratic Republic. Our analysis was guided by the theoretical perspectives of the policy arrangement approach and examination of two specific dimensions of this approach, namely resources and rules of the game. This paper argues that participation of CSOs in both processes is crucial as it facilitates and nurtures the very much needed cooperation between other national and international actors. The paper also argues that participation of CSOs feeds valuable information and knowledge into REDD+ and FLEGT VPA processes, thus contributing to increased legitimacy, justice and transparency.

scholarly journals IMPLEMENTASI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 18 TAHUN 2013 TERHADAP PRAKTIK PEMBALAKAN LIAR (ILLEGAL LOGGING)

2021 ◽  
pp. 1231
Author(s):  
Angela Kezia ◽  
Angelica Monica Fortunata ◽  
Putri Claudia Victoria
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Forest Degradation ◽  
Legal Issues ◽  
Forest Monitoring ◽  
Deterrent Effect ◽  
Illegal Logging ◽  
The Law ◽  
Business Entities ◽  
Law And Legislation

This research was conducted with the aim of analyzing one area in Riau Province, precisely in Pekanbaru City, which experienced rapid forest degradation caused by illegal logging by criminals. This research was conducted using a normative approach that is related to the problems (legal issues) regarding illegal logging in Pekanbaru City. This type of approach focuses on the analysis of legal principles and theories of law and legislation that are appropriate and related to issues in legal research, and is carried out by examining secondary data in the form of books, journals, government publications related to the legal issues of this research. The results and discussion in this study regarding the implementation of the enactment of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction against individual legal subjects and business entities (corporations) that commit criminal acts in the area of Pekanbaru City. In terms of ensnaring the perpetrators of illegal logging, the existing policies are not sufficient to overcome the problem where the perpetrators of criminal acts are more sophisticated and the law enforcement against the perpetrators of criminal acts is low, so that it does not provide a deterrent effect for the perpetrators. In overcoming the problem, the participation of local communities in forest monitoring and management must be realized because it is not enough only with the law enforcement officers and in terms of regulations, specific regulations must be synchronized with general regulations so that they do not conflict with each other and create flaws in their application. Penelitian ini dilakukan dengan tujuan yaitu menganalisis salah satu wilayah di Provinsi Riau tepatnya di Kota Pekanbaru, yang mengalami degradasi hutan cukup cepat diakibatkan oleh pembalakan liar oleh para pelaku tindak pidana. Penelitian ini dilakukan dengan menggunakan pendekatan normatif yang bersangkut paut dengan pemasalahan (isu hukum) mengenai pembalakan liar di Kota Pekanbaru. Jenis pendekatan ini berupa analisis terhadap asas hukum dan teori hukum dan peraturan perundang undangan berkaitan dengan isu dalam penelitian hukum, dan dilakukan dengan cara meneliti data sekunder berupa buku, jurnal, publikasi pemerintah yang berkaitan dengan isu hukum penelitian ini. Hasil dan pembahasan dalam penelitian ini adalah mengenai implementasi Undang-Undang Nomor 18 Tahun 2013 tentang Pencegahan dan Pemberantasan Perusakan Hutan terhadap pelaku tindak pidana perseorangan maupun badan hukum (korporasi) di wilayah Kota Pekanbaru. Dalam hal menjerat pelaku pembalakan liar, kebijakan yang ada belum cukup untuk mengatasi permasalahan yang dimana pelaku tindak pidana lebih canggih serta rendahnya penegakkan hukum terhadap pelaku tindak pidana sehingga kurang memberikan efek jera bagi para pelaku. Dalam mengatasi permasalahan maka ikut andil masyarakat setempat dalam pengawasan dan pengelolaan hutan harus direalisasikan sebab tidaklah cukup hanya dengan aparat saja serta dalam hal peraturan, haruslah peraturan yang bersifat khusus disinkronisasikan terhadap peraturan yang bersifat umum agar tidak bertentangan antar satu sama lain dan menimbulkan celah dalam penerapannya.

‘Between a rock and a hard place?’: The European Union’s financial sanctions against suspected terrorists, multilateralism and human rights

2012 ◽  
Vol 47 (4) ◽  
pp. 473-494 ◽  
Author(s):  
Sarah Léonard ◽  
Christian Kaunert
Keyword(s):  
Human Rights ◽  
Negative Impact ◽  
Legal Issues ◽  
European Court Of Justice ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Human Rights Standards ◽  
Hard Place ◽  
The Eu

This article focuses on the financial sanctions adopted by the European Union (EU) against individuals suspected of involvement in terrorist activities. This sanctions regime has been sharply criticised for its negative impact on human rights and has seen several judicial challenges before the European Courts. In contrast with most of the existing literature, which focuses on legal issues or examines the consequences of the EU financial sanctions, this article takes a step back to examine the reasons for which the EU decided to adopt these controversial financial sanctions in the first place. This article argues that it is mainly its commitment to ‘UN-centred effective multilateralism’ that has led the EU to adopt these financial sanctions measures in order to align itself with the UN financial sanctions regime. However, the Kadi landmark ruling of the European Court of Justice (ECJ) has challenged the pre-eminence of multilateralism over other considerations, such as the respect for human rights. As the Court of Justice prepares to hand down its second judgment in this case, the EU is left torn between its commitment to multilateralism and its commitment to human rights, which can be fully reconciled only if the UN sanctions regime meets the EU’s human rights standards.

Modernisation of Higher Education – Willful Action or Wishful Thinking? The Case of Bulgaria

2020 ◽  
Vol 8 (3) ◽  
pp. 3-17
Author(s):  
Elena Blagoeva
Keyword(s):  
Higher Education ◽  
Economic Crisis ◽  
Negative Impact ◽  
National Level ◽  
Sustainable Growth ◽  
Research Approach ◽  
Case Study Methodology ◽  
The Impact ◽  
The Eu

The impact of the last global economic crisis (2008) on the European economy put a strain on higher education (HE), yet it also pushed the sector towards intensive reforms and improvements. This paper focuses on the “Strategy for the Development of Higher Education in the Republic of Bulgaria 2014-2020”. With a case study methodology, we explore the strategic endeavours of the Bulgarian government to comply with the European directions and to secure sustainable growth for the HE sector. Our research question is ‘How capable is the Bulgarian HE Strategy to overcome the economic and systemic restraints of Bulgarian higher education?’. Because the development of strategies for HE within the EU is highly contextual, a single qualitative case study was chosen as the research approach. HE institutions are not ivory towers, but subjects to a variety of external and internal forces. Within the EU, this is obviated by the fact that Universities obtain their funds from institutions such as governments, students and their families, donors, as well as EU-level programmes. Therefore, to explore how these pressures interact to affect strategic action on national level, the case method is well suited as it enabled us to study the phenomena thoroughly and deeply. The paper suggests the actions proposed within the Strategy have the potential to overcome the delay, the regional isolation and the negative impact of the economic crisis on the country. Nevertheless, the key elements on which the success or failure of this Strategy hinges are the control mechanisms and the approach to implementation. Shortcomings in these two aspects of strategic actions in HE seem to mark the difference between gaining long-term benefits and merely saving face in front of international institutions.

Political aspects of security of the European Union Member States

2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek
Keyword(s):  
European Union ◽  
Negative Impact ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Political Security ◽  
New Institutions ◽  
The Stability ◽  
Key Aspects ◽  
The Eu

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.

The Development of Slovenia in the European Union: Social Aspects

2017 ◽  
pp. 102-108
Author(s):  
Iryna Butyrska
Keyword(s):  
Negative Impact ◽  
The State ◽  
Political Regime ◽  
The European Union ◽  
National Unity ◽  
Social Sphere ◽  
Regime Stability ◽  
Number Of Factors ◽  
The Common ◽  
The Eu

The author proves that the successful stability of independent Slovenia contributed to a number of factors, existing since its being incorporated in the SFRY. The factor, uniting the state has become the common goal – the aspiration to join the EU. The process of the European integration contributed to the modernization of a number of spheres, in particular social, cultural and economic ones. The global financial and economic crisis has revealed the turmoil in the economy of the state and its leadership was forced to gradually reduce a significant part of social privileges for the population. This caused the tension in the society and reduced the level of the national unity, having a negative impact on people’s wellbeing. However, since 2014, the Prime Minister M. Cherar has been trying to restore people’s trust in the state. The situation is getting better; indicators of trust in government are increasing, which also points to state capacity and political regime stability in Slovenia. Keywords: Slovenia, state stability, social sphere, government

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