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. 

scholarly journals The Rise and Fall of International Law in the Post-Lisbon AFSJ Legislation Cycles

2021 ◽  
Vol 1 ◽  
pp. 1-17
Author(s):  
Elaine Fahey
Keyword(s):  
International Law ◽  
Immigration Law ◽  
Eu Law ◽  
Legal Actor ◽  
Law Making ◽  
The Eu

The article focuses on the output and incidence of international law in the adopted AFSJ law-making for the period between 2009−14 and 2014−19, with particular emphasis upon asylum and immigration law. The article thus overall shows an initially rising but subsequently falling ‘international’ influence upon EU AFSJ directives and regulations. International law usage is significant even in times of populism or times of crisis-related law-making, particularly as to asylum and immigration law. However, the waning presence of international law also arguably indicates the development of the AFSJ as a booming legal field, where there is an operationalisation of a vast field of new actors, institutions, and systems through EU law. This account demonstrates how the EU shows a tangible intent to permit the influence of international law upon the AFSJ which supports well its general efforts to participate and engage as a global legal actor.

Regional Integration Theory

2018 ◽  
Author(s):  
Frank Schimmelfennig
Keyword(s):  
European Integration ◽  
Regional Integration ◽  
Integration Theory ◽  
The European Union ◽  
Integration Process ◽  
Economic Interests ◽  
Regional Organizations ◽  
Organizational Scope ◽  
National Governments ◽  
The Eu

Regional integration theory seeks to explain the establishment and development of regional international organizations. Key questions are why and under which conditions states decide to transfer political authority to regional organizations; how regional organizations expand their tasks, competencies, and members; and what impact they have on states and societies in their regions. Whereas regional integration theory started with a broad comparative regional and organizational scope in the 1950s and 1960s, it has since focused on European integration and the European Union. The main (families of) theories explaining the development of European integration—rather than decision making and policy making in the EU—are intergovernmentalism, neofunctionalism, and postfunctionalism. The key debates in regional integration theory have taken place between variants of intergovernmentalist and neofunctionalist integration theory. Intergovernmentalism assumes national governments to be the key actors in regional integration. Governments use regional integration to maximize their national security and economic interests in the context of regional interdependence. Integration outcomes result from intergovernmental bargaining and reflect the regional preference and power constellations. Governments delegate authority to regional organizations to secure their bargaining outcomes but remain in control of regional organizations and the integration process. By contrast, neofunctionalism disputes that governments are able to control the integration process. Transnational corporations and interest groups as well as supranational actors are empowered by the integration process and shape it in their own interest. In addition, integration creates a variety of “spillovers” and path-dependencies that push integration beyond the intergovernmental bargain. More recently, postfunctionalism has enriched and challenged the theoretical debate on regional integration. In contrast to neofunctionalism, postfunctionalism assumes a backlash mechanism of integration. As regional integration progresses and undermines national sovereignty and community, it creates economic and cultural losers who are mobilized by integration-skeptic parties. Identity-based and populist mass politicization constrains regional integration and may even cause disintegration. Regional integration theories have closely followed and adapted themselves to the development of European integration. They cover the establishment and progress of supranational policies and institutions but also the recent crisis of the EU. An exemplary review of their explanations of major development in European integration shows that they are more complementary than competing.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

7. EU law: is it international law?

2020 ◽  
pp. 191-211
Author(s):  
Bruno de Witte
Keyword(s):  
International Law ◽  
Alternative View ◽  
Eu Law ◽  
Legal Nature ◽  
The Eu

This chapter examines the legal nature of EU law, i.e. its place within the realm of international law. It first presents the ‘straightforward’ view that EU law is a part (or ‘sub-system’) of international law. It then considers the ‘alternative’ view that EU law, although originating in international law, is now so distinctive that it should no longer be considered to be part of international law. It concludes with a discussion of the EU as both an object and subject of international law.

4. EU Law: Sources, Forms, and Law-Making

2021 ◽  
pp. 94-140
Author(s):  
Nigel Foster
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Order ◽  
Fundamental Rights ◽  
Soft Law ◽  
Eu Law ◽  
The Rich ◽  
Alternative Decision ◽  
Law Making ◽  
The Eu

This chapter takes an overall view of the EU legal order and examines its legal system, including the elements which are either different from or similar to member states’ legal systems. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.

scholarly journals Linked Open Data and e-Participation in the EU Law-Making Process

2016 ◽  
pp. 79-89 ◽  
Author(s):  
P. Schmitz ◽  
E. Francesconi ◽  
B. Batouche ◽  
B. Dombrovschi ◽  
D. Duy ◽  
...  
Keyword(s):  
Open Data ◽  
Linked Open Data ◽  
Eu Law ◽  
Law Making ◽  
The Eu

International Organizations and the EU General Data Protection Regulation

2019 ◽  
Vol 16 (1) ◽  
pp. 158-191 ◽  
Author(s):  
Christopher Kuner
Keyword(s):  
International Law ◽  
International Organizations ◽  
Data Protection ◽  
Personal Data ◽  
Eu Law ◽  
Protection Measures ◽  
General Data Protection Regulation ◽  
General Data ◽  
High Level ◽  
The Eu

The importance of personal data processing for international organizations (‘IOs’) demonstrates the need for them to implement data protection in their work. The EU General Data Protection Regulation (‘GDPR’) will be influential around the world, and will impact IOs as well. Its application to them should be determined under relevant principles of EU law and public international law, and it should be interpreted consistently with the international obligations of the EU and its Member States. However, IOs should implement data protection measures regardless of whether the GDPR applies to them in a legal sense. There is a need for EU law and international law to take each other better into account, so that IOs can enjoy their privileges and immunities also with regard to EU law and avoid conflicts with international law, while still providing a high level of data protection in their operations.

NATIONAL MECHANISMS OF REGULATION OF CROSS-BORDER COPYRIGHT RELATIONS AIMED AT PROTECTION OF ORPHAN WORKS

Lex Russica ◽  
2019 ◽  
pp. 18-29
Author(s):  
G. K. Dmitrieva ◽  
O. V. Lutkova
Keyword(s):  
International Law ◽  
Legal Protection ◽  
Single Copy ◽  
Legal Regulation ◽  
Copyright Holder ◽  
Conflict Of Laws ◽  
Cross Border ◽  
The Usa ◽  
The Right ◽  
The Eu

The article has investigated the mechanisms of the national (both legal and non-legal) regulation of orphan works, i.e. works the holder (holders) of rights to which is (are) not identified and/or the location of the rights-holder is not established. Orphan works are supposedly protected by copyright, which means the validity of exclusive rights and the potential need to obtain permission from the copyright holder for any form of using the works under consideration, namely: reproduction including digitization, translation, processing, etc. However, in a situation where the right holder is not determined (is unavailable), the user does not have an objective opportunity to obtain such a permission, and the work actually remains unknown to the society, although it can be of artistic, cultural or historical value. Since the beginning of the new millennium, the national legal systems of a number of States have establish a special regime for the legal protection of orphan works, and about 20 states of the world have developed the foundations of such a regime so far. The article analyzes the regulation of orphan works in several states — in the EU and its member states, Great Britain, the USA, Canada, Korea, Japan, India. The authors have determined the foundations of the substantive and conflict of laws regulation of cross-border relations regulating orphan works. Features of regulation of works with an unidentified author in the era of a network society are highlighted: in particular, the need to digitize orphan works, since many of them are in a single copy on the medium ruined by time, and the fact that the digitized work can instantly spread from databases to other jurisdictions. The authors provide for the forecast of possible ways of evolution of legal regulation of relations in question with the use of mechanisms of national and international law.

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