TERMINOLOGY OF INTERNATIONAL AGREEMENTS WITH THE PARTICIPATION OF UKRAINE (ON THE EXAMPLE OF SOCIAL SECURITY AGREEMENTS)

Ukraine is a party to many international agreements. International bilateral agreements on social security are among them. These contracts, like any other, must be of good quality. The quality of international agreements is achieved through the use of legislative techniques. Legislative technique involves the correct use of terminology. This article analyzes, in particular, the provisions of the Agreement between Ukraine and the Portuguese Republic on Social Security of 7 July 2009 and the Agreement between Ukraine and the Kingdom of Spain on Social Security of 7 October 1996 and demonstrates incorrect use of terminology in their text. The text of these international bilateral agreements needs to be changed. Some of the conclusions: the language of the international agreement with the participation of Ukraine must comply with the principles of scientificity and publicity. Legal terminology should not be confused with commonly used terms. Terms of private international law are mandatory for use in international agreements involving Ukraine, the rules of which regulate private law relations with a foreign element. No need to use unnecessary words in the text of an international agreement. It is not always advisable to translate the foreign text of an international agreement literally. The text of an international agreement should not be confusing, superficial. It should be complete, comprehensive, and concise. Each norm must be completed and meet the objectives of the international agreement.

Access to Social Protection by Immigrants, Emigrants and Resident Nationals in Tunisia

Tunisia is one of the developing countries which invested the most in its social protection system and upgraded it regularly since independence to include a larger share of the population. Given the importance of emigration for the Tunisian economy and society, various bilateral social security agreements have been signed with the main countries of destination to guarantee the rights of Tunisian emigrants. The Tunisian social security ensures the same entitlements as nationals to foreign residents who have formal contracts and contribute to social insurance. However, getting these contracts is not an easy task for foreigners. Undocumented foreigners do not have any entitlements and must rely on the support of NGOs or international organizations.

Conclusion

This concluding chapter addresses how the interest of the United States, United Kingdom, Australia, and New Zealand in securing the Asia-Pacific grew steadily in response to the evolving Communist threat in the region. Formalized cooperation could have allowed policymakers in each country to prepare for these threats more effectively, helping them to share the burdens of containment in the region as well. Progress toward mutual security planning was nevertheless slow and difficult. Ultimately, however, complications befell the security agreements that emerged in the Asia-Pacific in the 1950s. The ANZUS Treaty continued to function as a limited security alliance but failed to survive in its tripartite form following New Zealand's suspended membership in 1985. SEATO would face ongoing military and economic challenges and, following Communist success in Indochina, eventually dissolved in 1977. An analysis of ANZUS and SEATO highlights the complexity and difficulty of international cooperation.

Lenders’ selection capabilities, patent quality, and the outcome of patent-backed loans

In this paper, we investigate the phenomenon of patent collateralization by empirically focusing on the factors that affect the outcome of the collateralization process. In particular, we want to examine to what extent patent quality, lenders’ characteristics, as well as lenders’ selection capabilities (i.e. in identifying high-quality patents) affect the likelihood of observing a security interest release. We identify the patents recorded in security agreements and their release from the USPTO Patent Assignment database. The final dataset is made up of a total of 8818 security interest agreement records, involving 133,110 patents pledged as collateral for debt between 2007 and 2010. We find evidence that a security interest is more likely to be released for patents with a higher technical merit and when the lenders are more experienced and are specialty finance companies. When considering other types of lenders (i.e. banks in particular) or less experienced lenders, the positive association between the security interest release and the technical merit of the pledged patent is lower. The evidence suggests that IP-backed loans represent an effective financial channel for those firms that control valuable intangible assets and that experience and specialization allow lenders to develop better selection capabilities.

Strategic satisficing: Civil-military relations and French intervention in Africa

Few issues are more important yet less understood than outside interventions in intra-state conflicts. Under what circumstances do intervening states further their interests and when, contrarily, do they plunge into quagmires? France is a critical case. It is, statistically, the world’s second intervenor and earned the sobriquet of Africa’s gendarme through frequent interventions in African wars. The ability of such a medium-sized state to intervene with greater regularity and ostensible success than larger powers raises questions about how France manages its interventions. Do French interventions draw on the French Army’s distinctive ‘school’ of population-centric counterinsurgency, which emphasises the need to militarise governance in pursuit of comprehensive victories? Or do the French Fifth Republic’s civil-military institutions encourage policymakers to carefully regulate force’s employment in pursuit of limited ends? This study draws on declassified archives to test which approach most characterises French interventions. To preview my conclusions, strategic satisficing – the use of minimal force for short durations to produce satisfactory outcomes – distinguishes the Fifth Republic’s interventions from other powers’ practices and prior French counterinsurgencies. This particular form of interventionism enables France to influence a large number of intra-state conflicts and maintain a network of security agreements with African states.

Wiederaufleben von Drittsicherheiten

The reinstatement of third-party collateral has not received much academic attention to date. Previous treatment of this issue has, in relation to many questions, merely led to seemingly apodictic assertions, without taking each systematic, historical context into account. This work provides coherent, dogmatically well-founded reasoning with respect to this set of issues. It scrutinizes prior approaches to this, in particular the differentiation between accessory and non-accessory collateral, resolves issues that have been disputed to date and provides a viable, dogmatic solution. In conclusion, possible contractual solutions are outlined which, contrary to previous approaches, except for tax and accounting law issues, protect the collateral taker as far as possible against good faith acquisition by third parties and can stand up to the strict case law relating to “restrictive security agreements”. This work is aimed at both practitioners and academics.

National approaches of EU Member States in concluding bilateral social security agreements with third countries

For EU Member States like Austria, the EU Regulations on the coordination of social security schemes are the focus of academic and political attention. They deal with many cases and are usually very complex. They are supervised by the European Commission and the CJEU. Compared to these EU rules, bilateral agreements with third countries are treated as step-children. They do not get the academic and political attention they deserve, taking into account their importance in practice. They have common features compared to the EU rules, but there are also remarkable differences in the texts and their interpretation. The differences sometimes lead to practical problems of application and interpretation in the EU Member States. Based on Austrian experiences, all these aspects are elaborated in this article. Enhanced cooperation and exchange of information between the EU Member States in the future could help to improve the negotiating position of these countries and also guarantee greater esteem for the bilateral agreements.