Scots Law and Scottish Identity: A Legendary Tale

2018 ◽  
Vol 27 (1) ◽  
pp. 73-81
Author(s):  
Michael P. Clancy
Keyword(s):  
Legal System ◽  
The State ◽  
Scottish Parliament ◽  
The Impact ◽  
The Eu

The Treaty of Union 1707 between Scotland and England and the respective implementing legislation in each Kingdom contained provisions which today we might describe as ‘opt-outs’. These opt-outs from incorporating Union preserved aspects of the Scottish legal system which, along with the Presbyterian religion and the system of education, helped to ensure that Scottish identity was supported by some of the most powerful aspects of the state. This essay will examine some of the provisions of the Treaty, analyse aspects of the legal system and law that persisted after the Union, comment on the extent to which 310 years of the Union with England influenced that law, reflect on membership of the EU and the harmonization which it brought to the legal system and consider the impact of the Scottish Parliament on that law and legal system.

Russia - European Union: The continuation ofthe sanctions standoff

2017 ◽  
pp. 114-127
Author(s):  
M. Klinova ◽  
E. Sidorova
Keyword(s):  
European Union ◽  
Economic Recession ◽  
Economic Sanctions ◽  
Current Data ◽  
The State ◽  
The European Union ◽  
The Impact ◽  
The Eu ◽  
Year 2013

The article deals with economic sanctions and their impact on the state and prospects of the neighboring partner economies - the European Union (EU) and Russia. It provides comparisons of current data with that of the year 2013 (before sanctions) to demonstrate the impact of sanctions on both sides. Despite the fact that Russia remains the EU’s key partner, it came out of the first three partners of the EU. The current economic recession is caused by different reasons, not only by sanctions. Both the EU and Russia have internal problems, which the sanctions confrontation only exacerbates. The article emphasizes the need for a speedy restoration of cooperation.

scholarly journals THE INFLUENCE OF EUROPEAN INTEGRATION ON THE DEVELOPMENT OF ECOLOGICAL BUSINESS IN UKRAINE

2017 ◽  
pp. 100-104
Author(s):  
Iryna Skorokhod ◽  
Lyudmyla Hrynchuk
Keyword(s):  
European Integration ◽  
Systematic Approach ◽  
The State ◽  
Eu Countries ◽  
Goods And Services ◽  
The Status ◽  
Factors Of Influence ◽  
The Impact ◽  
Further Development ◽  
The Eu

Introduction. The article deals the impact of European integration on the development of ecological business in Ukraine. The Association of Ukraine and the EU implies adaptation and reforms not only in economy, but also in others areas, including ecology. The factors of influence and their consequences on the development of environmental business in the state are investigated. The main obstacles for using the experience of the EU countries are highlighted. Prospects of further using of "green enterprise" methods in Ukraine are considered. Purpose. The aim of the article is to reveal the essence, forms, stages of formation and innovative forms of the ecological business; to analyze the experience of ecological business and its regulation in the EU countries; to characterize the status and the impact of European integration on ecological business in Ukraine. Method (methodology). Methods of analogy and comparison are used in the study of problematic aspects of Ukraine and the EU in the field of ecology. Statistical methods are used for analyzing the dynamics of indicators of the development of ecological business in the state. Systematic approach is used for explaining strategic guidelines and identifying further promising ways for the development of ecological business in Ukraine. Results. The main aspects of cooperation between Ukraine and the EU have been analyzed. The main directions of further development of common cooperation have been singled out. The proposals of improving the position of Ukrainian eco-goods and services on the European market have been substantiated.

The EU’s Stealthy Hegemony and Ambiguous Neighbors

2021 ◽  
Vol 120 (824) ◽  
pp. 112-117
Author(s):  
Alexander Clarkson
Keyword(s):  
European Union ◽  
Northern Ireland ◽  
European Integration ◽  
The State ◽  
Political Control ◽  
The Political ◽  
The European Union ◽  
The Impact ◽  
The Eu

European integration based on a supranational form of pooled sovereignty has taken on increasingly state-like qualities. With every move toward absorbing additional members, the European Union system has expanded its geographic reach. The state-like power of the EU is apparent in the impact its integration processes have had in societies just outside its borders. Its growing influence is most notable in misfit border territories, from Kaliningrad to Transnistria, and from Cyprus to Northern Ireland, that are tenuously under the political control of neighboring geopolitical powers.

1. The English legal system

2019 ◽  
pp. 1-14
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Legal System ◽  
Essential Information ◽  
System P ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact ◽  
Commercial Relationships ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the English legal system. It provides an overview of the courts in the civil and criminal divisions, and their hierarchy. It discusses the source of law, delegated legislation, the impact of membership in the EU and the Human Rights Act 1998, and alternative forms of dispute resolution (ADR). The implications of ADR are increasingly important in civil disputes and essential between businesses where traditional court action can destroy commercial relationships.

scholarly journals THE IMPACT OF PANDEMIC ON LEGAL SYSTEM: IMPACT ON ARBITRATION LAW

2020 ◽  
Vol 13 (2) ◽  
pp. 137-150
Author(s):  
Huala Adolf
Keyword(s):  
Legal System ◽  
The State ◽  
Judicial System ◽  
Broad Sense ◽  
System A ◽  
Force Majeure ◽  
Settlement Of Dispute ◽  
The Impact ◽  
System Impact

One of the impacts of the outbreak of COVID-19 is the state legal system. Legal system in a broad sense consists of legislation, the state’s legal personnel (executive) and the judicial system. A part of the judicial system is a private settlement of dispute by arbitration. Arbitration is subject to the arbitration law. The COVID-19 has forced the closure of the arbitration proceedings. This is a problem for arbitration. This article tried to analyse the possible solution to the closure of the proceedings. This article used the normative method by analysing the existing arbitration law and arbitration rules. This article argued, although arbitration may not be able to be commenced amid pandemic, that future arbitration law (and amendment of existing arbitration law) should foresee feasible events with a smaller ”pandemic”, i.e., epidemic and other force-majeure related events. This article recommended firstly, the introduction of provision(s), which recognizes virtual arbitration. Secondly, changes of some procedural issues in the arbitration proceedi ngs.

scholarly journals "Treaty Principles": Constitutional Relations Inside a Conservative Jurisprudence

2008 ◽  
Vol 39 (1) ◽  
pp. 39
Author(s):  
PG McHugh
Keyword(s):  
New Zealand ◽  
Legal System ◽  
The State ◽  
Political Life ◽  
The Past ◽  
Broad Field ◽  
The Impact ◽  
Court Of Appeal

This article looks at the impact and afterlife of the groundbreaking Maori Council judgments handed down in the late 1980s by the Court of Appeal presided by the late Sir Robin Cooke (as he then was). This article refutes any notion of constitutional relations with Māori being founded on race despite unilateral (and long discarded) legal design tending towards that characterisation. The true pattern has been iwi-based and it has arisen from the continuity of whakapapa in the organization of Maori political life and relations with the state notwithstanding meddlesome but ultimately ineffectual legislative attempts to dilute tribalism. Over the past twenty plus years, the Treaty claims processes initiated in 1985 have accentuated and revitalised that tribalism. Far from licensing judicial interventionism "Treaty principles" are part of an embedded and conservative jurisprudence of Māori affairs. Their elimination from legislation would amputate a major segment of that jurisprudence. The courts, whose profile in this broad field (Treaty claims processes most notably) is mostly a resiling one, would respond by generating their own version. The legacy of Sir Robin Cooke’s court is deep-rooted and thoroughly integrated into the New Zealand legal system.

scholarly journals State regulation of sustainable innovation project funding in the EU countries and Ukraine

2021 ◽  
Vol 18 (2) ◽  
pp. 374-390
Author(s):  
Viktor Oharenko ◽  
Anzhela Merzlyak ◽  
Viktoriia Tomareva-Patlakhova ◽  
Iuliia Vikhort ◽  
Daria Skriabina
Keyword(s):  
State Regulation ◽  
The State ◽  
Innovation Activity ◽  
Horizon 2020 ◽  
Eu Countries ◽  
Sustainable Innovation ◽  
Funding Program ◽  
Innovation Project ◽  
The Impact ◽  
The Eu

The effective implementation of innovations is broadly determined by the ways of their financing, among which project funding is particularly important today. This paper examines the impact of project funding on the innovative growth of the state in the EU countries and Ukraine in the context of sustainable development. Using theoretical and empirical methods, this study identifies and systematizes traditional and innovative forms of sustainable innovation project funding, which are practically used by the EU member states and Ukraine. Based on statistical methods, data analysis for the period from 2014 to 2020 and indicators characterizing the participation of countries in the largest European project funding program Horizon 2020 and other similar programs, the study revealed a close relationship between the conditions created by the state for participation in project funding programs and indicators of innovation activity and the climate of the state. The study allowed determining that funding from international sources, including funds from leading European institutions, which support the dissemination of sustainable innovations, can be a good alternative for innovation project funding under limited domestic resources. The study concluded that diversification of sources and forms of project funding, use and support from the state influences and accelerates the development of innovation infrastructure in a country (clusters, business incubators etc.), as well as the interaction between various participants in a sustainable innovation process (state, regions, large enterprises, small and medium-sized businesses, communities).

scholarly journals The Jewish Verfassung, the Israeli nomos: the constitutional situation of the beginnings of the State of Israel in the context of Carl Schmitt's political and legal philosophy

2021 ◽  
pp. 1-21
Author(s):  
Wojciech Engelking
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Philosophy ◽  
Constitutional Theory ◽  
National Community ◽  
The Earth ◽  
Arab Origin ◽  
The Impact ◽  
State Of Israel ◽  
Basic Matter

Abstract The paper is an attempt to examine how Carl Schmitt's constitutional theory can be useful to analyse the Constitution of the State of Israel designed in the late 1940s – the impact of which Jacob Taubes once certified. The author analyses three projects created then by Leo Kohn through the prism of Schmitt's concept of Verfassung and Verfassungsgesetz. He also reads in the context of Schmitt's philosophy (from Constitutional Theory and The Nomos of the Earth) the constitutional situation of Israel as a country where, first, the Constitution has not been passed and the basic matter of its legal system is regulated by the Basic Laws; second, citizens of Arab origin are excluded from the national community; and third, the borders of the state remain fluid and change due to the constant partition of the land.

PROBLEMS OF ADAPTATION OF UKRAINIAN LEGISLATION TO THE LEGISLATION OF THE EUROPEAN UNION

2018 ◽  
Author(s):  
Daryna Kosinova ◽  
◽  
Viktoriia Hurzhii ◽  
Sofiia Boriichuk ◽  
◽  
...  
Keyword(s):  
European Union ◽  
Legal System ◽  
The State ◽  
Scientific Article ◽  
The European Union ◽  
Acquis Communautaire ◽  
Existing Problems ◽  
The North ◽  
Legal Grounds ◽  
The Eu

This scientific article is devoted to the existing problems of adapting the legislation of Ukraine to the legislation of the European Union, which significantly slow down this process, and, accordingly, become one of the obstacles on the way of Ukraine's inclusion in such an integration interstate association as the European Union. The paper examines the legal grounds that led to the implementation of the provisions of European legislation and the adoption of the Law of Ukraine "On Amendments to the Constitution of Ukraine (on the strategic course of the state towards gaining full membership of Ukraine in the European Union and the North Atlantic Treaty Organization)" dated 07.02.2019. The article also analyzes the key elements of successful adaptation of Ukrainian legislation to EU legislation. The work reveals the essence of the concept of "adaptation of the legislation of Ukraine and the EU", regarding which there is no uniform approach to its definition in the jurisprudence of Ukraine and, as a result, there is a discussion between specialists in this area of jurisprudence at the doctrinal level. The content of the concept "acquis communautaire (acquis)" is analyzed by indicating the features of this legal system of the European Union, which significantly complicate the process of adapting legislation. The article highlights the main problems that require urgent solutions for the successful course of the process of approximation of Ukrainian legislation to the EU legal system. The emphasis is made on the fact that the adoption of Ukrainian legislation in accordance with EU law does not mean the proper functioning of the legal mechanisms of the state, since it is also necessary to adapt existing regulatory legal acts. This article proposes the implementation of specific types of reforms, without the introduction of which the adaptation of Ukrainian legislation to the legislation of the European Union will be impossible. The essence and main directions of reforming, which provide for the elimination of the origins of the problems of harmonization of Ukrainian legislation with the legal system of the European Union, have been determined.

Sign in / Sign up

Export Citation Format

Share Document