scholarly journals Problems of Creating a Unifed Legal Regime for Cross-Border Specially Protected Natural Territories on the Example of the Curonian Spit

2021 ◽  
Vol 16 (2) ◽  
pp. 89-106
Author(s):  
E.V. Luneva ◽  
O.V. Popova ◽  
T.V. Rednikova
Keyword(s):  
Legal Regime ◽  
Curonian Spit ◽  
Cross Border ◽  
Specially Protected Natural Territories

Features of the Legal Regime of the Land Plots within the Boundaries of Protected Areas of Specially Protected Natural Territories

2020 ◽  
Vol 2 (2) ◽  
pp. 195-213
Author(s):  
K. M. Shirokov ◽  
Keyword(s):  
Protected Areas ◽  
Russian Federation ◽  
Private Property ◽  
Natural Areas ◽  
Legal Regime ◽  
Protection Zones ◽  
Specially Protected Natural Areas ◽  
Protected Natural Areas ◽  
The Russian Federation ◽  
Specially Protected Natural Territories

Introduction. This article is devoted to the analysis of the peculiarities of the legal regime of land plots within the boundaries of protected zones of specially protected natural territories. Due to their special significance and uniqueness, specially protected natural territories form the nature reserve fund of the Russian Federation with a special mechanism for protection and protection from negative anthropogenic impact. Protected areas are one of the measures to protect such specially protected natural areas as state nature reserves, national parks, natural parks and natural monuments, as well as one of the most important elements of the legal regime of lands of specially protected natural areas. The creation of data on specially protected natural areas, as a rule, is followed by the subsequent approval of the regulations on their protected zones. Since the legislation does not have peremptory norms on the mandatory creation of protection zones, such zones are not widespread at the federal and regional levels. Theoretical Basis. Methods. An important role in the process of studying the peculiarities of the legal regime of land plots within the boundaries of specially protected natural territories was played by systematic, comparative, formal-legal methods. Results. The features of the establishment, modification and termination of the protection zones of specially protected natural areas, as well as the features of coordination of their borders and the entry of information into cadasters and registers are considered. Based on a comprehensive analysis of judicial practice, conclusions are drawn about the need to improve the mechanism for determining the feasibility of economic activity on land in protected areas. Particular attention is paid to the characteristics of the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation on protected areas of specially protected natural territories of federal and regional significance and the legal regime of land plots within their borders. Discussion and Conclusion. This study showed that the establishment of protected areas of specially protected natural areas significantly affects the legal regime of land within their borders. Despite the fact that the turnover of these land plots is not limited, they are not withdrawn or redeemed from private property, individually defined characteristics are not significantly changed, but at the same time restrictions are set on the possibility of carrying out economic and other activities, the need for additional coordination with state bodies authorities order to carry out such activities on land. Changes associated with the establishment of protective zones entail a change in the cadastral and market value of land, and as a result, the right of land owners to demand compensation from state authorities for civil and land laws.

scholarly journals “Fractured Resemblances”: Contested Multinational Heritage and Soft Power

2020 ◽  
Vol 27 (1) ◽  
pp. 97-123
Author(s):  
Sarah Sargent
Keyword(s):  
United Nations ◽  
Cultural Heritage ◽  
Soft Power ◽  
Intangible Cultural Heritage ◽  
Legal Regime ◽  
United Nations Educational ◽  
Cultural Organization ◽  
Cross Border ◽  
Single State

Abstract:Intangible cultural heritage elements are shared across state borders. In many instances, states join in multinational nominations to inscribe the heritage element in a way that reflects this reality. But, at times, states are unwilling or unable to cooperate in a mutual nomination that reflects the shared nature of the heritage element. The consequence of this is that heritage elements can then be nominated by individual states without any reflection of the multinational or cross-border nature of the element; thus leaving the heritage elements shorn of this aspect of their nature. The current international heritage legal regime, through the United Nations Educational, Scientific and Cultural Organization, does not adequately acknowledge or address this problem. This article, through a case study of the successful nomination by Azerbaijan of the horseback game of chovqan, examines the causes and consequences of these “fractured resemblances.” It analyzes the links between cultural heritage, conflict, and the use of heritage as a form of soft power. It focuses on the use of single-state inscription as a soft-power means of obtaining international prestige and support and the resultant effects on shared cultural heritage elements. From this, suggestions for changes to international heritage laws for the inscription of cultural heritage are suggested to accommodate the reality of the connection between cultural heritage, conflict, and power and to avoid the occurrence of “fractured resemblances” of heritage shared across state lines.

Cross-border litigation in England and Wales

2018 ◽  
Vol 25 (2) ◽  
pp. 139-167 ◽  
Author(s):  
Mihail Danov
Keyword(s):  
International Law ◽  
Access To Justice ◽  
Private International Law ◽  
The European Union ◽  
Legal Regime ◽  
England And Wales ◽  
Decision To Leave ◽  
Cross Border ◽  
The United Kingdom ◽  
The Eu

In the pre-Brexit era, England has established itself as one of the dominant jurisdictions for the resolution of cross-border disputes in the European Union (and the world). The legal regime in relation to private international law (PIL) in England and Wales has been significantly influenced by the EU PIL framework that was adopted at EU level. The United Kingdom decision to leave the EU might have significant implications for the parties’ access to justice in cross-border cases. This paper aims to devise a theoretical framework that is necessary to evaluate the potential impact of the UK’s decision to leave the EU on the private parties’ access to legal remedies. To this end, the author relies on empirical (qualitative) data that was gathered in 2015 and early 2016 in the context of the EU Private International Law: Legal Application in Reality (‘EUPILLAR’) project, indicating how the current EU PIL framework is functioning in England and Wales. An analysis of the way the parties’ strategies are devised under the current EU PIL regime helps in identifying the aspects which need to be considered, in order to set the research agenda and ascertain how the legal landscape in relation to PIL should be revised in the post-Brexit era.

scholarly journals Formation of a tourist brand on the example of the Big Altai

2020 ◽  
Vol 26 (3) ◽  
pp. 349-358
Author(s):  
Irina Tikunova ◽  
Maria Sherbatova
Keyword(s):  
Intercultural Communication ◽  
Economic Structure ◽  
Passenger Traffic ◽  
Cross Border ◽  
Tourism Potential ◽  
Definition Of ◽  
Degree Of Participation ◽  
Specially Protected Natural Territories ◽  
Cross Border Cooperation ◽  
Cultural Features

The cross-border territory of the Greater Altai (Russia-Mongolia-Kazakhstan-China) is considered in the context of international cooperation and tourism development as a special form of intercultural communication. The article analyzes natural and cultural features, historical circumstances and modern conditions for the development of cross-border cooperation in the field of tourism. Based on the analysis of approaches to the formation of country brands in domestic and foreign literature, the definition of the territory brand is given. There are differences in the formation of national and transnational brands, the main of which is taking into account the characteristics of each cross-border territory (different tourist potential, organizational and economic structure, political structure, priorities in the development of tourism). The evaluation of the tourism potential of the territories using cluster analysis on 8 indicators: number of UNESCO sites, the density of historical, cultural and natural sites, the proportion of the area of specially protected natural territories (SPNT), the capacity of hotel rooms, visa status, degree of participation in the project of greater Altai, the complex index of transport accessibility, in turn consisting of 4 parameters (density of the railway, highways, passenger traffic, number of crossings). Sub-brands have been formed for each region and a common potential brand of the Greater Altai has been identified, which can be used to promote the Greater Altai as a tourist territory.

scholarly journals LEGAL REGIME FOR CROSS-BORDER INVESTMENTS IN THE STATES OF THE CASPIAN REGION

2017 ◽  
pp. 70-78
Keyword(s):  
Large Scale ◽  
Caspian Region ◽  
Legal Basis ◽  
Legal Regime ◽  
Cross Border ◽  
Permanent Establishment ◽  
Preparatory Activity ◽  
Legal Forms ◽  
Bilateral Treaties ◽  
Economic Zones

The Caspian region has a great economic potential and there are a lot of prospects for its future development. Caspian states have not formalized any special regional economic integration projects; however, they actively cooperate in implementing different large-scale projects. The article provides the detailed analysis of the main forms of foreign investments in the Caspian region and the peculiarities of their legal regime. The legal basis for the development of investments in the region was established by the system of bilateral treaties concluded between the respective states on avoidance of double taxation and on mutual protection of investments. The legal basis provides for different legal forms for cross-border investments in the Caspian region: 1) preparatory activity without creation of permanent establishment; 2) activity through permanent establishment; 3) activity through subsidiary company; 4) special forms of activities in special economic zones. Additionally, specialized tax rules for investments may be provided for the certain types of business activities: cross-border transportation, the use of complex infrastructure objects (pipelines, electricity lines, etc.).

Cross-Border Transfer of Personal Data

Cyber Crime ◽  
2013 ◽  
pp. 832-850
Author(s):  
Grigore-Octav Stan ◽  
Georgiana Ghitu
Keyword(s):  
Data Protection ◽  
Data Transfer ◽  
Personal Data ◽  
European Economic Area ◽  
The European Union ◽  
Legal Regime ◽  
Cross Border ◽  
Data Protection Directive ◽  
High Level ◽  
Insight Into

This chapter outlines the Romanian data protection legal regime governing the cross-border transfers of personal data, both to countries located in the European Union (EU) or in the European Economic Area (EEA), as well as to non-EU or non-EEA countries. In addressing the Romanian legal requirements related to international transfers of personal data, a high level insight into the background of Romanian data protection principles and main rules applicable in the broader context of privacy proves useful. Although this chapter analyzes mainly the Romanian legal regime of data protection, with a special emphasis on cross-border transfer of personal data, a similar interpretation and application of the data protection related requirements may also be encountered in other European jurisdictions. While expounding primarily on data transfer related matters, this chapter also looks at how the EU Data Protection Directive (Directive No. 95/46 EC), as well as the relevant secondary legislation in the field of data protection, has been implemented into Romanian law.

scholarly journals LAW APPLICABLE FOR THE REPRESENTATIONTO EXERCISE THE CORPORATE RIGHTS OF SHAREHOLDERSIN POLISH COMPANIES

2017 ◽  
Vol 28 (1) ◽  
pp. 129-160
Author(s):  
Krzysztof Tapek
Keyword(s):  
Limited Liability ◽  
Private Law ◽  
European Law ◽  
Legal Regime ◽  
Public Companies ◽  
Corporate Rights ◽  
Cross Border ◽  
International Private Law ◽  
Polish Law

Shareholders of Polish companies dispose of various rights – property as well as corporate. Majority of corporate rights can be exercised by a representative. Representation, in this regard includes two categories: proxy and statutory rep-resentation. Regulations concerning representation vary, depending on kind of company in which they are used (limited liability companies, joint – stock com-panies or public companies, whose regulation is influenced by European law). In current study representation to exercise corporate rights of shareholders will be examined on the meta-law level. Provisions of international private law shall be observed to determine that which country’s legal regime shall be applied to interpret the institution of representation in cross-border situations. Additionally, it is necessary to distinguish the scopes of laws applicable for different issues connected with representation. The dissertation is aimed to address all abovementioned questions with the reference to European and Polish law.

‘Silencing’ the border as a strategy to conceal the ‘other’ side: the case of the Curonian Spit

2021 ◽  
pp. 147447402110594
Author(s):  
Gintarė Kudžmaitė
Keyword(s):  
Mixed Method ◽  
Management Strategy ◽  
The Other ◽  
Visual Data ◽  
Curonian Spit ◽  
Mixed Method Approach ◽  
Cross Border ◽  
Physical Barriers ◽  
Method Approach

Borders do not have to be visible to be effective. However, the ways they are marked in the landscape, and the relation of these manifestations to broader border regimes and practices are questioned by border researchers and other scholars. Building physical barriers is often used to conceal the ‘other’ side, while reducing border manifestations mostly reveals the other. In this article, a hybrid border management strategy of ‘silencing’ the border (reducing border manifestations) to conceal the other side is discussed, drawing on the case study conducted at the borderland in the Curonian Spit (Russia–Lithuania). Based on a mixed method approach, but especially focussing on the visual data, this study investigates how the border splitting the peninsula in half, is latent in the landscape and in the narratives of the locals. It proposes that the border is silenced and the other is concealed on both sides because of the lack of cross-border coordination of the shared landscape and heritage. This resonates with the experiences and understandings of borderland inhabitants, this research shows. It proposes a view on border hybridity, which challenges the dominant ways of understanding borders, their functions and impact on space and on different borderland actors.

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