scholarly journals COLLISION REGULATION OF INTERNATIONAL MIXED TRANSPORTATION

2021 ◽  
pp. 54-58
Author(s):  
N. I. Postnova
Keyword(s):  
European Union ◽  
International Agreements ◽  
The Body ◽  
The European Union ◽  
International Treaties ◽  
Unified Approach ◽  
Cargo Transportation ◽  
Contractual Relations ◽  
International Document

 The article is devoted to the study of certain aspects and features of collision regulation of contractual relations in the field of international mixed cargo transportation. The lack of a clear and unified approach in defining the conflict rules to be applied to contractual relations of mixed transport in international traffic creates uncertainty, instability of these relations, and, at the same time, in no way contribute to the development of multimodalism. The main collision principles applied to the contracts of cargo transportation from one state to the territory of another, and the source of their consolidation, as well as the possibility of their application to the agreements of international mixed transportation. Collision factors have been identified, as well as grounds for limiting the application of such bindings as established by international treaties and conventions. It is concluded that it is necessary to adopt a unified and binding international document that would determine the unified regime of collision settlement of international agreements of mixed carriage. It focuses on the peculiarities and rules of determination of the body authorized to resolve the dispute in this category, as well as the rights that this body should use in resolving the dispute, separately for the member states of the European Union and Ukraine, in particular. The author concludes that for the studied legal relations the following 3 groups of conflict bindings can be distinguished: a) general conflict principles; b) the set of collision bindings is defined by unimodal transport conventions; c) binding formulas used depending on the transport used.

scholarly journals Promoting EU values in international agreements

2021 ◽  
Vol 2 (11) ◽  
Author(s):  
JANČÍKOVÁ Eva ◽  
PÁSZTOROVÁ Janka
Keyword(s):  
European Union ◽  
Industrial Relations ◽  
International Agreements ◽  
The European Union ◽  
International Treaties ◽  
European Union Law ◽  
New Model ◽  
Trade Relations ◽  
The Right ◽  
High Level

Within the framework of external relations policy as a subject of international law, the European Union has the right to negotiate, conclude, amend and terminate international agreements on its own behalf, i.e., it has competences granted on it in this area by the Treaties. International agreements concluded at European level are results of an agreement between parties and belong to the sources of European Union Law. Current practice in concluding international agreements at the level of the European Union proves that trade and investment agreements contain provisions concerning civil society, labor relations andenvironment. The scientific study opens a discussion on a new model of international agreements which, in addition to trade relations, contain provisions on the social status of employees of the parties and on sustainable development. This new model of international treaties is supported by all Member States. The systems analysis shows that the European Union no longer acts as an economic-integration grouping towards third countries, but as an international organization that takes into account high level of environmental protection and the protection of employees' industrial relations.

scholarly journals Joint bodies in the European Union's international agreements: Delegating powers to the European Commission in EU external relations

2021 ◽  
pp. 146511652110273
Author(s):  
Markus Gastinger ◽  
Andreas Dür
Keyword(s):  
European Union ◽  
European Commission ◽  
Empirical Support ◽  
International Agreements ◽  
Principal Agent ◽  
The European Union ◽  
Original Dataset ◽  
Voting Rule ◽  
External Relations ◽  
Set Up

In many international agreements, the European Union sets up joint bodies such as ‘association councils’ or ‘joint committees’. These institutions bring together European Union and third-country officials for agreement implementation. To date, we know surprisingly little about how much discretion the European Commission enjoys in them. Drawing on a principal–agent framework, we hypothesise that the complexity of agreements, the voting rule, conflict within the Council, and agency losses can explain Commission discretion in these institutions. Drawing on an original dataset covering nearly 300 such joint bodies set up by the European Union since 1992, we find robust empirical support for all expectations except for the agency loss thesis. Our findings suggest that the European Commission is the primary actor in the implementation of many of the European Union's international agreements, allowing it to influence EU external relations beyond what is currently acknowledged in the literature.

scholarly journals Polish “Entrepreneur” and EU “Undertaking”: Multilingualism and Differences in Legal Identification

2017 ◽  
Vol 52 (1) ◽  
pp. 57-71
Author(s):  
Maciej Etel
Keyword(s):  
European Union ◽  
Member State ◽  
Precise Determination ◽  
Eu Law ◽  
The European Union ◽  
Economic Sphere ◽  
Polish Law ◽  
Legal Identification ◽  
The Eu

Abstract The European Union and its member-states’ involvement in the economic sphere, manifesting itself in establishing the rules of entrepreneurs’ functioning – their responsibilities and entitlements – requires a precise determination of the addressees of these standards. Proper identification of an entrepreneur is a condition of proper legislation, interpretation, application, control and execution of the law. In this context it is surprising that understanding the term entrepreneur in Polish law and in EU law is not the same, and divergences and differences in identification are fundamental. This fact formed the objective of this article. It is aimed at pointing at key differences in the identification of an entrepreneur between Polish and EU law, explaining the reasons for different concepts, and also the answer to the question: May Poland, as an EU member-state, identify the entrepreneur in a different way than the EU?

scholarly journals THE DETERMINATION OF THE EUROPEAN UNION IN THE INTERNATIONAL PROMOTION OF HUMAN RIGHTS

2021 ◽  
Vol 7 (1) ◽  
pp. 81-90
Author(s):  
Mentor Lecaj ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Moral Obligation ◽  
Research Work ◽  
The European Union ◽  
Legal Rules ◽  
Eu Policy ◽  
Political Principles ◽  
The Eu

This paper aims to explain the legal, political and moral obligation of the European Union institutions in the promotion, advancement, respect, and implementation of human rights and freedoms as a universal value, and above all as binding legal- political principles during their efforts in relations with actors both inside and outside the EU. This research work simultaneously analyzes and interprets international legal rules that regulate human rights. Moreover, the cases and means in promoting the human rights used by the European Union in different cultural regions have been compared and analyzed as well as the possibility of changing the approach of EU policy towards countries where the highest level of resistance exist in the accepting of such values.

scholarly journals Relationship between national, international and European law within the constitutional review in Romania

2016 ◽  
pp. 91-107
Author(s):  
TUDOREL TOADER ◽  
MARIETA SAFTA
Keyword(s):  
European Union ◽  
Member State ◽  
Legal Order ◽  
Constitutional Court ◽  
European Law ◽  
The European Union ◽  
International Treaties ◽  
Constitutional Review ◽  
Exclusive Jurisdiction ◽  
Constitutional Identity

The Constitutional Court has ruled that, by adhering to the legal order of the European Union, Romania agreed that, in those areas where exclusive jurisdiction is conferred on the European Union, regardless of the international treaties priorly signed, implementation of its obligations arising therefrom is subject to the rules of the European Union. Otherwise, this would result in the undesirable situation where, through bi or multilateral internationally assumed obligations, Member State would seriously affect the Union’s competence and, in practice, would act in its place in the aforementioned areas. For this reason, in the field of competition, any State aid falls within the competence of the European Commission and appeal proceedings fall within the jurisdiction of the European Union. Therefore, pursuant to Article 11 para. (1) and Article 148 para. (2) and (4) of the Constitution, Romania applies in good faith the obligations resulting from the Accession Instrument, without interfering with the exclusive competence of the European Union and, by virtue of the compliance clause contained in the text of Article 148 of the Constitution, Romania cannot adopt a legislative act contrary to the obligations assumed as a Member State. All those already highlighted are subject to certain limitations, expressed in what the Court described as “national constitutional identity”.

scholarly journals The concept of technological proximity in the development of European Union national innovative systems

2021 ◽  
Vol 51 (51) ◽  
pp. 35-45
Author(s):  
Svetlana Rastvortseva ◽  
Aizhan Amanalieva
Keyword(s):  
European Union ◽  
Economic Activity ◽  
Industrial Sector ◽  
High Tech ◽  
The European Union ◽  
Economic Sectors ◽  
Composition Determination ◽  
Comparative Advantages ◽  
Degree Of Participation

Abstract The development of national innovative systems is intended to solve a number of issues: from decreasing socio-economic inequality in countries and regions to creating environments favourable to new high-tech production and diversification of industrial composition. Determination of the possibilities for expanding the set of innovative types of economic activity must be scientifically substantiated, since significant financial, material and human resources may be consumed in creating and supporting new economic sectors within the framework of state policy. This article contains an attempt to create a mechanism for revealing promising trends in the development of an innovative economic sphere, taking into account comparative advantages in the commodity composition of exports by determining technological proximity indicators. The article aims to substantiate the possibility of using the concept of technological proximity in developing national innovative systems. The study employs technological proximity indicators based on the revealed comparative advantages (RCA) of countries by commodity groups of export. A matrix of technological proximity in the industrial fields (at a six-unit level) for 28 countries of the European Union in 2007–18 was made. The results revealed comparative advantages by groups of high-tech products in EU countries in real time. The analysis of technological proximity in the industrial sector has shown the types of economic activity connected with the innovative sector, which was used to determine the countries’ degree of participation in the manufacture of high-tech products. The proposed mechanism can be used in the development and implementation of national and regional policy in the sphere of innovative systems, since it allows promising areas for creation and support of new high-tech productions to be determined.

Diplomatic service of the European Union

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Ivan Yakovyuk ◽  
Victoria Dyadyk
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
External Action ◽  
The Body ◽  
Main Body ◽  
The European Union ◽  
European Union Law ◽  
The World ◽  
The Status ◽  
European Diplomacy

Problem setting. Today the European Union interacts with the whole world and represents the interests and values of the European community far beyond one continent. Carrying out such activities provides for the existence of effective institutions for its implementation, which today are the European External Action Service and the European Uniondelegations around the world. It significantly differs from the classical manifestations of diplomacy, which determines the relevance of research into the establishment and development of the European Union diplomatic service. Moreover, understanding the process of formation and features of European Union diplomacy is interesting for domestic researchers of European Union law given the pro-European aspirations of Ukraine. Analysis of recent researches and publications. Certain aspects of this topic have been studied by suchdomesticscientistsas F. Baranovsky, M. Hnatyuk, O. Grinenko, O. Gladenko, M. Entin, O. Opanasyuk-Radlinska, E. Ryaboshtan, D. Tkachenko, O. Turchenko, Y.Sergienko, V. Streltsova, G. Utko, O. Fisun, V. Tsivaty, V. Shamraeva, O. Shapovalova, etc. Target of research is to research the basic preconditions and features of the establishment and development of the European Union diplomatic service and its functioning in today’s conditions. Article’s main body. The article is devoted to the study of the main prerequisites and features of the establishment and development of the diplomatic service of the European Union. The authors paid attention to the coverage of the status, competence and procedure for sending the first representations of the Communities abroad, in particular the delegations of the European Commission. The changes made by the Maastricht, Amsterdam and Lisbon treaties on foreign policy are analyzed as well. All the reforms implemented by these treaties were aimed primarily at making the European Union more effective and coordinated in the international arena, and finally resolved the issue of the institutionalization of the body that deals with the European Union diplomatic service. So now it has the status of the European External Action Service and successfully performs its functions in the current conditions. Conclusions and prospects for the development. The modern European Union diplomatic service is the result of a long process of formalization and institutionalization of a whole set of its foreign policy bodies. The development of the European Union representation system shows that the spread of its representative activities has become global, as well as the dynamic transformation of the content of its goals to interact with the world in order to implement its foreign policy. However, despite the current and rapid dynamics of development and evolution of this institution, the question remains whether the European External Action Service is the final option for the external design of the European Union diplomatic service, or whether it will be another step in the process of building pan-European diplomacy.

Cooperation Between The Council Of Europe And The European Union And Modern International Law

2021 ◽  
Vol 38 (4) ◽  
Author(s):  
Volodymyr Kopanchuk ◽  
Tetiana Zanfirova ◽  
Tetiana Novalska ◽  
Dmytro Zabzaliuk ◽  
Kateryna Stasiukova
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Aspect ◽  
Eu Enlargement ◽  
Legal Aspects ◽  
International Agreements ◽  
The European Union ◽  
Council Of Europe ◽  
The Impact ◽  
The Eu

Cooperation between the Council of Europe and the European Union is of great interest to Ukraine, which defines the entry into the European legal field as one of the main vectors of its development. The study is devoted to the study of the peculiarities of the impact of cooperation between the Council of Europe and the European Union on the development of modern international law. The authors studied the formation and development of collaboration between the Council of Europe and the EU; emphasized the legal aspects of cooperation between the European Council and the EU in the EU enlargement process; analyzed in detail the types of international agreements through the legal aspect and clarified the impact of cooperation between the Council of Europe and the EU on the development of modern international law and describe the forms of international legal cooperation between the Council of Europe and the EU.

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