scholarly journals Prospects for the development of modern interstate legal systems in the context of globalization challenges

2021 ◽  
Vol 10 (40) ◽  
pp. 233-243
Author(s):  
Lyudmyla Luts ◽  
Iryna Nastasiak ◽  
Catherine Karmazina ◽  
Stepan Kovbasiuk

Mankind is facing new civilizational problems (management of global processes, environmental safety, health care, etc.). A significant role in their solution is given to international organizations, interstate legal systems. Analysis of actions to solve global problems raises before legal science questions about the real capabilities of international organizations, interstate legal systems, their ability to adequately respond to globalization challenges, the need to clarify their role in the new reality, as well as their nature, form, and significance. This is a new model of interaction between states within the international system, which could ensure not only their cooperation but also integration through a new institutional mechanism and system of legal acts. The study uses universal and European international legal acts (in particular, sources of law) and other documents that offer a description of their nature, form, significance, ability to adequately respond to the globalization challenges of today. The main in the research process were: globalization approach, logical methods, general theoretical, sociological, comparative law, and international legal methodology. An analysis of the provisions of international, foreign, and Ukrainian legal science, sources of law, and legal practice revealed that modern international organizations arose in connection with the need to ensure the functioning of sovereign states and their cooperation. After the Second World War, those were formed that are designed to ensure closer cooperation based on universal and regional cooperation (United Nations, Council of Europe, European Union). New world order and interstate legal systems are being formed, which structure it. Their forms of integration are emerging, such as the legal system of the European Union. These systems have successfully fulfilled their role in streamlining the regional (European) and universal space. Although new globalization challenges of socio-economic, security, information, health, and environment necessitated the formation of a new model of interstate legal systems, which would ensure not only cooperation but also integration, through the creation of a new institutional mechanism and an effective system of legal acts.

Author(s):  
Mihail Poalelungi ◽  
◽  
Mihai Poalelungi ◽  

The process of European integration has never followed a clear path and the current EU predecessors had never been by far the only efforts of the regional integration in Europe. Created in the 1950s, the European Communities as today’s EU predecessors, have overdue emerged in a very broad area populated by international organizations and various cooperation institutions. This organization, only by matching economic and political challenges, succeeded in becoming the most important cooperation forum between European states. Although in the early 1950s the Western European states could often choose between various forms of regional cooperation, today the EU is frequently seen as the only available at the European level option and the only model of institutional governance.


2016 ◽  
Vol 8 (2) ◽  
pp. E-11-E-45
Author(s):  
Maciej Cieslukowski

Abstract From 1992, after the UN “Earth Summit” in Rio de Janeiro, sustainable development has become a priority of many countries and international organizations, including the European Union. After the crisis of 2008+ and the strong criticism of traditional economics, it also became a fundamental element of economic development in the XXI century. This new model is based on a solid and integrated economic, socio-cultural and ecological order. Such a development should be supported by suitable budgetary systems at each level of public government. The paper presents a conception of the sustainable EU own resources system and proposes the methodology of its evaluation.


2020 ◽  
Vol 16 (10) ◽  
pp. 1980-1996
Author(s):  
T.S. Malakhova

Subject. Foreign economic and trade ties among countries are getting tighter and less predictable in the early 21st century. This directly stems from a growing disparity of partners, especially if it goes about their future cooperation as part of integration groups or international organizations. Communities of experts suggest using various approaches to locally adjusting integration phases, especially implementing the two-speed integration in the European Union. Objectives. The study is an attempt to examine an improvement of foreign economic cooperation and suggest its implementation steps for the European Union. This all is due to considerable inner controversies and problems within the EU, which grow more serious year by year. Methods. The methodological framework comprises the historical logic, dialectical principles, scientific abstraction method. The process and system approach was especially important for justifying the implementation of the above steps. It was used to examine foreign economic relations of partners in the European Union. Results. The article sets forth the theoretical and methodological framework for the geostrategic economic bloc, including a conceptual structure model. I present steps to implement a foreign economic cooperation of partners in the EU in terms of its form. Conclusions and Relevance. Should the form of the foreign economic relations among the EU countries be implemented, counties at the periphery of the EU will be able to become active parties to the integration group.


2020 ◽  
Vol 26 (9) ◽  
pp. 924-939
Author(s):  
V. A. Tsvetkov ◽  
K. Kh. Zoidov ◽  
K. S. Yankauskas ◽  
Sh. Kobil

The presented study comparatively analyzes indicators of the level of poverty and social inequality in Belarus, Ukraine, Moldova, and the European Union (EU) as a criterion of national economic security.Aim. The study aims to examine existing approaches to determining the level of poverty and its dynamics and to consider suggestions for improving this methodology.Tasks. The authors examine and comparatively analyze approaches and methods for determining the level of poverty and its dynamics in the European Union and the CIS countries that are not members of the Eurasian Economic Union (EAEU).Methods. This study uses the methods of systems analysis, evolutionary-institutional theory, and historical approach.Results. Determining the level of poverty based on the number of citizens with incomes below the subsistence level can lead to misrepresentation of the actual state of this phenomenon. Calculation of poverty indicators based on consumer spending provides more accurate data on the level of poverty in a country where a significant share of the population’s income is generated by remittances from individuals living abroad, which are not reflected in official income statistics. A comparative analysis of poverty dynamics shows that in 2013 the level of poverty in all four examined countries decreased compared to 2006. Poverty dynamics in Russia and Belarus is more synchronized than in Ukraine and Moldova. A common methodology for calculating the level of poverty in all EU countries makes it possible to conduct a more thorough comparative analysis of poverty dynamics and to formulate more accurate recommendations in the field of anti-poverty policies. Based on the identified poverty dynamics in the EU and Russia, it is highly possible that strategic objectives on poverty reduction in the European Union and Russia will not be completed.Conclusions. To exclude the possibility of interested authorities influencing the dynamics of the poverty indicator by changing its threshold values depending on the current economic or political situation, it is necessary to switch to comprehensive assessment of this indicator in Russia. For comparative cross-country data analysis, it is advisable to consider the possibility of creating a Eurasian Statistics Service within the EAEU that would collect statistics and standardize statistical methods among the EAEU member states.


Author(s):  
Antoine Vandemoorteele

This article analyzes the role of the European Union (EU) and Canada in the promotion of Security Sector Reforms (SSR) activities in two regional organizations, the Organization for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organization (NATO). The concept of SSR seeks to address the effective governance of security in post-conflict environment by transforming the security institutions within a country in order for them to have more efficient, legitimate and democratic role in implementing security. Recent debates within the EU have led to the adoption of an SSR concept from the Council and a new strategy from the European Commission on the SSR activities. Within the framework of the ESDP, the EU has positioned itself as a leading actor, in this domain, including in its crisis management operations. On the other hand, Canada, through its whole-of government and human security programs has also been an important actor in the promotion of SSR activities. Yet, even though several international organizations (including the United Nations, the OSCE and NATO) are effectively doing SSR activities on the ground, there does not exist a common framework within any of these organizations despite the role of the EU and Canada. As such, it is surprising to found no global common policy for SSR while this approach is precisely holistic in its foundations. Taking these elements into consideration, this paper analyzes two specific aspects : a) the absence of a common policy framework within international organizations and b) the major differences between the approaches of the OSCE and NATO in the domain of SSR and the implications for the EU and Canada’ roles.   Full extt available at: https://doi.org/10.22215/rera.v3i2.186


2004 ◽  
Vol 37 (4) ◽  
pp. 509-522 ◽  
Author(s):  
Victor D. Bojkov

The article analyses the process of EU enlargement with reference to the progress that Bulgaria and Romania have made within it. It is argued that leaving them out of the wave of accession finalised in May 2004 for ten of the candidate states, has placed them in a situation of double exclusion. Firstly, their geographical belonging to the region of Southeast Europe has been rendered non-essential by their advanced position within the EU enlargement process. Secondly, their achievement in economic and political transition has been removed from the progress of the ten states, which joined the EU in May 2004 by delaying the time of their accession. As a result, any efforts in regional cooperation and integration between Bulgaria and Romania on one hand, and other Southeast European states on the other, have been effectively cancelled. Moreover, in current European politics, the two countries have come to serve the unenviable role of exemplifying on the part of the European Union how progress is being awarded and hesitation punished.


2010 ◽  
Vol 90 (1) ◽  
pp. 159-177
Author(s):  
Dejan Sabic ◽  
Mila Pavlovic ◽  
Snezana Vujadinovic ◽  
Miroljub Milincic

In 2010 Serbia faced with many social, economical and political issues such as the economic crisis, unemployment, uncertain candidate for membership in the European Union, cooperation with the International War Crimes Tribunal in The Hague and others. Recurrences of the past are still being felt in the political than some of the European Union with Serbia. Serbia has a long way toward permanent membership, and to intensify regional cooperation in Southeast Europe (SEE) through active membership in regional organizations and initiatives. Although this region for many years been burdened with the past and lack of understanding among nations, the steppes of integration is still achieved and is still stricken by stereotyped comparisons with a barrel keg, and so damn yard. The aim of this paper is to point out some directions for further development of the region and review of the circumstances that have contributed to this state, to show the events of the past who may be a message for the future. .


Author(s):  
Tetjana Humeniuk

Purpose. The purpose of the article is to analyze topical issues of divergence of the Romano-Germanic and Anglo-American legal systems on the example of Brexit. Methodology. The methodology involves a comprehensive study of theoretical and practical material on this subject, as well as formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used in the research process: dialectical, terminological, formal and logical, comparative and legal, system and functional methods. Results. The study found that an important role in resolving conflicts between EU law and UK national law was played by the Court of Justice of the European Union which declared British legislation invalid since it was not in line with EU law. Thanks to the case law of the CJEU and the national courts of the United Kingdom, it has been possible to adjust and harmonize the interaction between EU law and the national law of this country. As European integration is formed on the basis of a supreme legal force created by external (supranational) bodies, the national bodies that form the national rules of British law inevitably give up part of their powers in favor of EU law. Brexit is just the beginning of a long series of problematic issues that will arise in the EU as a result of member states’ more or less serious objections to a radical course to deepen European integration. And under such conditions, there is a widespread understanding that finding clear and effective answers to new challenges requires finding new conceptual (and most importantly, effective) approaches to the future functioning of the EU, as old mechanisms and methods no longer work properly and do not resolve contradictions spreading and becoming more acute. Scientific novelty. The study shows that the withdrawal of Britain from the European Union initiates a large-scale process of mutual transformation of the legal systems of both parties, the effectiveness of which will be determined by the realities of European geopolitical environment as well as domestic political processes within Great Britain itself. Practical importance. Research materials can be used for comparative law studies.


2021 ◽  
Vol 2 (11) ◽  
Author(s):  
JANČÍKOVÁ Eva ◽  
PÁSZTOROVÁ Janka

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.


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