scholarly journals THE NEW INTERNATIONAL CHAMBERS OF THE PARIS COURTS – INNOVATIVE WAY FOR RESOLUTION OF COMMERCIAL DISPUTES

2018 ◽  
Vol 28 (1) ◽  
pp. 241-246
Author(s):  
Ljuben Kocev

The process of the withdrawal of the United Kingdom form the European Union has been discussed predominantly from a political and economic point of view. However, the consequences are more far reaching. With UK on the doorstep of leaving the EU, the decisions issued by its courts would no longer benefit from the recognition system provided in the Brussels Regulation (Council Regulation (EC) No. 44/2001). As a result of this, it is expected that London would no longer be seen as a primary destination for international litigants.In the awaiting of the aftermath from the Brexit, other cities and member state countries of the EU have started the race to position themselves as the next “legal hub”. While other member states have been vocal about offering alternative courts, so far France has been at the forefront of this initiative. On 7 February 2018 two Protocols were signed by the French Minister of Justice, the President of the Paris Bar, and the presidents of the Paris Court of Appeal and the Paris Commercial Court. With the first protocol amendments were made to the already existing International Chamber within the Paris Commercial Court, whereas with the second Protocol a new International Chamber has been created within the Paris Court of Appeal. The aim of the creation of these international divisions within the Paris Court is to create an attractive jurisdictional system which would meet the expectations of the economic actors. Paris has already been one of the most important world centers for dispute resolution as a result of the work of the International Chamber of Commerce and its work in the field of Alternative Dispute Resolution (ADR). However, with this initiative Paris has an opportunity to further strengthen its attractiveness.The adoption of the two Protocols is a groundbreaking move which sets forth innovative rules of procedure, incorporating unique approaches in the field of international commercial litigation. The rules of procedure contain an increased level of flexibility offering the parties a chance for litigations with great similarity to arbitration. Most notably, the new Protocols provide for the usage of English as language in the course of the proceedings, adapted procedure which should better suit the need of the parties, focus on oral testimonies instead of written witness and expert submissions, possibility for cross – examination, broader scope of tools for securing evidence, such as requests for document production, as well as the possibility of non- French lawyers to appear in front of the Courts. The aim of this article is to provide an insight in the new structure of the International Chambers by reviewing the novelties in the two new Protocols. The article reflects on similar initiatives which have been undertaken in other EU members and countries worldwide, and whether this can be the starting point for more drastic and revolutionary reforms in the traditional litigation system.

Author(s):  
A. S. Degtev ◽  
A. Margoev ◽  
A. A. Tokarev

The article deals with the economic ties between Georgia and four countries neighbouring the Caucasus region: Russia, Turkey, Iran, and Kazakhstan. The authors focus their attention on regional analysis and, for comparison, give figures on Georgia's relations with three global players: the USA, the EU, and the PRC. The authors postulate at least three challenges to Russia’s interests in Georgia. First, both Georgian establishment and society regard integration with the EU and NATO as main goal of the state, which in case of NATO evidently contradicts Russian national interests. Second, from the economic point of view, the USA is no longer a financial driver of Georgian reforms. The EU, main trade partner of Georgia for the past 15 years, has replaced it. The CIS surpasses the EU in commodity turnover with Georgia, however it is in fact an amorphous organization that formally combines its member-states and lacks for common economic policy, unlike the European Union that acts as an integration association. Third, Chinese investment in Georgian infrastructure within the "New Silk Way" project serves as a ponderable alternative to Russian financial flow. For a comprehensive analysis of the situation the authors used some figures concerning commodity trade, FDI, cross-border financial flows, tourism, and transport development. Major pipeline branches, including the planned projects, are taken into account as well. The findings are based on the results of desk research, and on empirical data obtained through meetings with Georgian government officials.


2021 ◽  
Vol 21 (3) ◽  
pp. 110-118
Author(s):  
Andrzej Habarta ◽  
◽  
Alexandr Novikov ◽  

The article examines the benefits and risks of the euro adoption for the Czech Republic. In the last decade, in the light of structural problems of the economic and monetary union of the European Union and the Czech euroscepticism that has intensified against this background, the problem has become more of political nature and one of burning issues in relations between the Czech Republic and the EU. The paper analyzes the benefits and risks of such a decision. Special attention is paid to political factors – starting from the possible membership in the EMU institutions and ending with the potential overall improvement of relations with the leading countries of the EU. The authors conclude that from an economic point of view, the eurozone membership is beneficial for the Czech Republic if the level of labour productivity increases before the adoption. However, this issue presents the problem of the overall geopolitical orientation of the Czech Republic, which has to choose between striving to get into the «core» of the integration or the relentless defense of its national sovereignty within the European Union.


2021 ◽  
Vol 4 (32) ◽  
pp. 97-115
Author(s):  
Łukasz Kozar ◽  
Marta Paduszyńska

The aim of the article: The aim of the article is to evaluate and analyze the dynamics of electricity prices for households in the European Union member states (EU-27) in the period 2011–2020. The study also focuses on the key components of electricity prices in the countries analyzed. The discussed issues are important from the socio-economic point of view. It refers to the issue of sustainable development, where electricity prices are addressed in relation to the problem of energy poverty of households. Methodology: The study is of a theoretical and analytical character. In addition to the review of available dnational and foreign literature, Eurostat data on electricity prices for households in the EU-27 were analysed. Moreover, the paper presents the application of a selected cluster analysis method, i.e. the k-means method, to assess the situation of the EU-27 countries in terms of electricity prices for households in the analysed period of 2011–2020. Results of the research: The result of the analyses undertaken is a presentation of the share of VAT and other taxes and levies in the price of electricity for households. The analyses showed differences between the countries in the structure of establishing the electricity price for households. Only in three countries (Bulgaria, Hungary, Slovakia) it was found that there was no share of other taxes and levies in the electricity price. In turn, the applied k-means method contributed to obtaining the division of countries into four groups reflecting the differentiation in terms of the amount of electricity price for households in the period under study.


Author(s):  
Laura Garrido Maza

The EU has been promoting the use of PPPs in order to accelerate the development of the Trans-European Transport Network (TEN-T) for ensuring economic, social and territorial cohesion and increasing accessibility throughout the Union. To encourage the use of PPPs, the European Commission has put several financing mechanisms at the disposal of the Member States, including a series of innovative financial instruments developed along with the European Investment Bank. The Bank has in turn played a major role in the promotion and financing of PPPs across the EU. The paper undertakes a review of the main financial instruments developed by the EU that are available to PPPs so as to determinate to what extent the European financial support has been channelled to road projects under that scheme in Spain. On the basis of the results obtained, a multiple regression model has been developed to analyse whether the PPP projects which enjoyed the financial support of the European Union tend to be significantly more successful from an economic point of view. The paper concludes that there is a positive correlation between receiving European financial support and the success of the PPP road projects.DOI: http://dx.doi.org/10.4995/CIT2016.2016.3492


There are constant changes in the modern development of the society, signalling that the existing orders are no longer suitable for the participants of trade and political agreements. The prospect of the UK leaving the EU took the markets and politicians by surprise. It is clear that Brexit brings economic and political consequences of disintegration not only for the United Kingdom, but also for the EU partners and for the future of European integration. The subject of our article is to find out the causes for disintegration processes in the UK. The purpose of the article is to analyse the economic and non-economic factors influencing the decision of the referendum on leaving the European Union. In order to look at the reasons for Brexit, this article collects economic and non-economic factors that influenced it. The study uses general scientific methods: analysis of the macroeconomic indicators of the UK over the years of participation in the EU, data fromthe latest scientific papers on Brexit. The results suggest that unemployment rate, lower GDP or inflation cannot be decisive when it comes to leaving the EU. In line with this view many contemporary studies show that the exit is not profitable from an economic point of view and will affect the macroeconomic indicators of the state. Moreover, there is considerable normative uncertainty about how the exit process will be carried out. This further indicates that the process is unlikely to be completed. In conclusion we say that the main reasons for Brexit are determined socially, historically and geographically and associate with the strong identification of voters primarily as citizens of the nation-state, rather than the European Union.


2020 ◽  
Vol 8 (1) ◽  
pp. 103-122
Author(s):  
Ewa Kaczan-Winiarska

The Austrian government is extremely sceptical about the accession negotiations which are conducted by the European Commission on behalf of the European Union with Turkey and calls for the negotiation process to end. Serious reservations of Vienna have been raised by the current political situation in Turkey under the rule of President Recep Tayyip Erdogan, as well as by the standards of democracy in Turkey, which differ greatly from European standards. Serious deficiencies in rule of law, freedom of speech and independence of the judiciary, confirmed in the latest European Commission report on Turkey, do not justify, from Vienna’s point of view, the continuation of talks with Ankara on EU membership. In fact, Austria’s scepticism about the European perspective for Turkey has a longer tradition. This was marked previously in 2005 when the accession negotiations began. Until now, Austria’s position has not had enough clout within the European arena. Pragmatic cooperation with Turkey as a strategic partner of the EU, both in the context of the migration crisis and security policy, proved to be a key factor. The question is whether Austria, which took over the EU presidency from 1.7.2018, will be able to more strongly accentuate its reservations about Turkey and even build an alliance of Member States strong enough to block Turkey’s accession process.


Energies ◽  
2021 ◽  
Vol 14 (4) ◽  
pp. 858
Author(s):  
Stefan Bouzarovski ◽  
Harriet Thomson ◽  
Marine Cornelis

This paper scrutinizes existing policy efforts to address energy poverty at the governance scale of the European Union (EU) and its constituent Member States. Our main starting point is the recent expansion of energy poverty policies at the EU level, fuelled by the regulatory provisions of the Clean Energy for all Europeans Package, as well as the establishment of an EU Energy Poverty Observatory. Aided by a systematic and customized methodology, we survey the extensive scientific body of work that has recently been published on the topic, as well as the multiple strategies and measures to address energy poverty that have been formulated across the EU. This includes the principal mitigation approaches adopted by key European and national institutions. We develop a framework to judge the distributional and procedural justice provisions within the recently adopted National Energy and Climate Plans, as an indicator of the power, ability and resolve of relevant institutions to combat the causes and consequences of energy injustice. We also provide a research and policy agenda for future action, highlighting a series of scientific and decision-making challenges in the European and global context.


2021 ◽  
Vol 2 (11) ◽  
pp. 167-173
Author(s):  
Mihail V. Rybin ◽  
◽  
Alexander A. Stepanov ◽  
Nadezhda V. Morozova ◽  
◽  
...  

The article reveals and analyzes conceptual approaches to the formation of strategic directions of energy policy of the European Union and Poland in the first decades of the XXI century. A critical assess-ment is given from the point of view of international cooperation in the field of energy between the Russian Federation, Poland and the EU as a whole and, in particular, European, national and regional programs for the transformation of the fuel and energy sector in the conditions of decarbonization and transition to green energy.


Author(s):  
Cristina Gabriela Cosmulese ◽  
Veronica Grosu ◽  
Elena Hlaciuc ◽  
Artur Zhavoronok

In the context of the information skills development programs that are being developed by the EU, there is an increasing interest in the acquisition and use of digital competences as an impact factor on the educational system at all its was levels. The present study aims to analyze the evolution of digital specializations generated by the digital evolution, in parallel with the development of the educational system, through a statistical analysis of the main indicators that have been reported at EU level on early education abandonment, employment rate of graduates, employment of IT specialists by gender, adult participation in gender-based learning, and other impact indicators that demonstrate the capacity of the population in the digital domain through the use of ICT solutions. The object of research were the statistical indicators reported for 2017 by Eurostat at the level of the European Union, for each member state of the union, obtaining a total of 29 statistical observations. The data were modelled through the GRETL statistical program, obtaining a model based on the smallest squares method in 2 phases. This paper shows that there is a need to assimilate the European approaches in the field of digital evolution, a necessity which varies according to the economic development of each member state, Romania being ranked in the chapter of assimilation of the objectives of the open education agenda in the second part of the European ranking, including based on the low absorption rates provided for Union programs in this area. The study theoretically proves and empirically confirms that the function obtained through modelling can be assimilated to the service demand function and can be integrated into the offer function harmonized with the information factor. This research study represents a contribution to the field of management of public utility companies and can be useful for educational institutions, students, the labour market and the general public, providing a starting point for further indepth research in this area. Keywords: educational system, digital revolution, economic development, EU Agenda.


Author(s):  
Anatoliy Babaskin

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.


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