Reference:
Butenko V., Mohammadi S..
Regionalization and “new” regionalism
// Law and Politics.
2020. № 7.
P. 105-113.
DOI: 10.7256/2454-0706.2020.7.43351 URL: https://en.nbpublish.com/library_read_article.php?id=43351
Abstract:
This article is dedicated to the question of regionalization. The authors note that regions begin to play a more important role in the local and global political processes. Special attention is given to the “old” and “new” regionalism. The application of comparative method alongside the method of analysis and synthesis allowed determining the characteristic features of the two types of regionalism. If the “old” regionalism suggests a complicated system of relationships on different levels, partial transfer of state sovereignty, the peculiarities of “new” regionalism include the rejection of bureaucratic supranational institutions, equality of participants, and opportunity to be a member of other organizations. The article also describes the attributed to Russian and Near Eastern regionalisms. The problem of choosing the model of Russian regionalism is determined by the need for development of such value within the political culture as federalism. Despite repeated attempts, Near Eastern regionalism remains underdeveloped, which is substantiated by the simmering conflicts, ongoing wars, as well as external interference to the domestic affairs of other states. The scientific novelty consists in the comprehensive coverage of theoretical aspects of regionalism and comparison of its types. The authors conclude that the potential of “new” regionalism should be used for settlement the issues of regional (growing into global) character.
Keywords:
European Union, transregionalism, new regionalism, old regionalism, regionalism, regionalization, region, ASEAN, Russia, Middle East
Reference:
Rybakov A.V..
Development scenarios of the crisis processes in the European Union: reforms or decline?
// Law and Politics.
2019. № 4.
P. 28-35.
DOI: 10.7256/2454-0706.2019.4.43228 URL: https://en.nbpublish.com/library_read_article.php?id=43228
Abstract:
The subject of this research is the political, demographic, and socioeconomic processes taking place in the European Union. The analysis demonstrates that the strong clash between the Euro-integration and Euro-skeptical trends within theoretical discussions and at the level of policy implementation, manifests as the result of crisis of the Euro-Integration processes. Crucial significance attains the assessment of effectiveness and correspondence with realities of current development of the mechanism and patterns of interaction in the context of this integration community. The goal of this work lies in identification of the causes led to such type of crisis phenomena, as well as alternative ways of their overcoming. The following conclusions were made: the clash of various positions with regards to the expansion of EU boundaries and magnitude of Euro-integration leads to imbalance of political powers and growth of Euro-skepticism, which in turn, justifies the fluctuations in the EU strategic course; the existing difference in economic level of the EU member-states lead to escalation of disagreements in the overall EU economic policy; the fundamental differences are observed in the question of the division of powers between the EU communitarian bodies and national governments. Namely these three problems and methods of their solution represents conceptual alternatives to the development of the European Union. Without their fundamental resolution and reformatting of the institutions and policy of the European Union, further Euro-integration is doubtful.
Keywords:
European Union enlargement, Member States, Euro-integration structures, crisis processes, Euro-skepticism, Euro-integration, European Union, European Union institutions, Fourth Industrial Revolution, forecasts
Reference:
Grachev B..
The problem of determining the structure of a political system within integration bloc
// Law and Politics.
2018. № 11.
P. 23-30.
DOI: 10.7256/2454-0706.2018.11.43197 URL: https://en.nbpublish.com/library_read_article.php?id=43197
Abstract:
The object of this research is the integration bloc at the stage of the Customs Union and higher levels. The subject of this research is the political system of such union as a new type of political organization of the society. The focus of attention is the problem of determining the presence of political system within integration blocs. The author gives a conceptual insight into the nature of such political system, the process of their origination and development, as well what role is played by political actors in this process. An attempt is made to structuralize the system under consideration, as well as describe its key levels. The author examines the peculiarities of development of the political process. The accomplishments of Gabriel Almond’s structural-functional approach and David Easton’s systemic approach underlie the methodological foundation of this work. The political system of integration bloc is considered through the categories “entrance – exit – feedback”; the particular provisions of the theory of multilevel governance are applied. The author’s main contribution lies in identification of the key distinctions between the national and supranational political systems, determination and description of the levels of the latter, as well as exposition of the mechanism of political process. The acquired results advance the methodology of integrative research and comparative approach in political science overall, allowing to conduct the analysis of sustainability of political objects of supranational level, as well as the backbone for political forecasting.
Keywords:
Integration, Multilevel governance theory, Regional integration, Methods of international intagration studies, Structural functionalism in integration blocks analysis, Political system of integration block, Political system, Structural Functionalism, Comparative studies methodology, Multilevel governance
Reference:
Martirosyan E.G..
Legal base for a unified agricultural policy in EU
// Law and Politics.
2018. № 9.
P. 1-7.
DOI: 10.7256/2454-0706.2018.9.43184 URL: https://en.nbpublish.com/library_read_article.php?id=43184
Abstract:
This article explores the formation of a unified agricultural policy in the EU, its legal bases, goals and organizational mechanism. A unified agricultural policy represents one of the oldest and most developed branch policies in the EU. Despite the decrease in the agrarian sector of the EU economy, there is still significant EU budget allocation for the agricultural policy. It is noted that the key vectors of this policy are the legal regulation of organization of the food markets for agricultural products, as well as organizational policymaking. The author highlights the fact that the work on forming a unified agricultural policy in the EU does not only lift the existing barriers, but it is also a joint effort that was formerly under exclusive jurisdiction of individual member-states. A conclusion is made that the large scale and rich legal base of the unified agricultural policy in the EU is comprised of acts of primary and secondary laws.
Keywords:
EU, European economic area, agriculture, agricultural market, secondary law, agricultural policy, legal framework, EFTA, world economy, market economy
Reference:
Volkov A.S..
The influence of the European Union on Great Britain’s current legal system
// Law and Politics.
2018. № 8.
P. 52-60.
DOI: 10.7256/2454-0706.2018.8.43175 URL: https://en.nbpublish.com/library_read_article.php?id=43175
Abstract:
This article is dedicated to examination of hoe the modern codified legal system of the state of Romano-Germanic legal family correlates with the case law system of Great Britain. The author analyzes some common and distinct aspects of Anglo-Saxon and Romano-Germanic legal systems, as well as studies the shared experience and means that helped both systems to reach similar solutions for mutual problems. Comparative analysis of the corresponding legal systems is conducted with consideration of the current United Kingdom’s membership in the European Union, as well as the future Brexit. The article starts with the description of issues of the current legal space of the European Union, and then analyzes the core of the differences between Anglo-Saxon and Romano-Germanic legal systems. Relevance of this research is substantiated by the UK’s withdrawal from the European Union. The author also explores the problems both sides are facing as a result of Brexit. For many years, the European Union assisted the convergence of Anglo-Saxon and Romano-Germanic law. However, currently Brexit leaves Ireland and Cyprus as the only two countries with Anglo-Saxon legal system in the European Union, which in turn, can lead gravitate the EU legislation towards Romano-Germanic legal family, with low consideration of the principle of Anglo-Saxon system of law.
Keywords:
codification, precedent, common law, civil law, Brexit, European Union, law, United Kingdom, statute, code of law
Reference:
Pashkovskaya I.G..
The development of political legal grounds of the European Energy Union
// Law and Politics.
2018. № 4.
P. 40-50.
DOI: 10.7256/2454-0706.2018.4.43148 URL: https://en.nbpublish.com/library_read_article.php?id=43148
Abstract:
The subject of this research is the legislation of institutions of the European Union in the area of development of the European Energy Union. The object of this research is the documents of institutions of the European Union: European Commission’s Third Report on the State of the Energy Union; Decision on establishment of the information exchange mechanism regarding the intergovernmental agreements and non-binding documents between the EU member-states and the third countries in the area of energy; and the measure on ensuring security to gas supply to the European Parliament of the Council of the European Union. Special attention is given to examination of the regulation of documents dedicated to the improvement of energy efficiency of the economies and reduction of dependency of the EU member-states on the import of energy products from the third countries. The main conclusion consists in the statement that the European Union continues forming the political legal foundation for the Russia-European Union relations in the area of energy. The scientific novelty lies in examination of regulations regarding the three levels of crisis situations, caused by the disruption of gas supplies to the EU member-states; the first of which is the level of early prevention, second – level of informing, and third – level of emergency situation. The author’s main contribution is the determination of danger to Russia, which can be inflicted by the application of legal norms of the European Union in the area of energy.
Keywords:
Decision, Communication, European Parliament, Council of the EU, European Commission, EU Member States, European Union, Regulation, energy, solidarity
Reference:
Sudorgin O.A..
Legal regulation of electronic government in European law
// Law and Politics.
2018. № 3.
P. 39-42.
DOI: 10.7256/2454-0706.2018.3.43140 URL: https://en.nbpublish.com/library_read_article.php?id=43140
Abstract:
The subject of this research is the legal regulation of electronic government within the framework of European law (law of the European Union). The article examines various initiatives, informative acts (development plans, concepts), as well as normative acts (by-laws, directives) that regulate different aspects of electronic (digital) interaction between the EU citizens and government authorities of the member-states and authorities of the European Union. The author reviews the key vectors, areas of legal regulation of e-government that fall within the jurisdiction of European Union. The article acknowledges the achievement in the area of legal regulation of e-government and separate aspects of legal regulation of the indicated questions at the European level. The scientific novelty consists in analysis of the set of normative, consultation, and policy acts of the European Union with regards to electronic government. The author determines the key directions, fields of development of the European legislation pertinent to regulation of various aspects of digital interaction between the citizens, government authorities, and authorities of the European Union. It is claimed that the main emphasis of the European law is put on the development of the elements of e-government that ensure the growth of single market, which particularly manifest in legal regulation in terms of the European law: digital exchange of customs documents; identification procedures (digital signature); resolution of commercial disputes in digital regime.
Keywords:
concept, telecommunication means of communication, the Internet, authorities, prospects, digital interaction, E-government, development prospects, European Union, normative act
Reference:
Vidus D..
Do the regional trade agreements violate the WTO’s MFN regime per se?
// Law and Politics.
2017. № 12.
P. 62-69.
DOI: 10.7256/2454-0706.2017.12.42965 URL: https://en.nbpublish.com/library_read_article.php?id=42965
Abstract:
This article explores the relations between the regional trade agreements (RTAs) signed within the framework of the WTO or by WTO. To examine the object of relationship between RTAs and WTO, the subjects of the research are the regime of most favoured nation (MFN), regional trade agreements, as well as the legal nature of the WTO and responsibilities it sets. The author creates a visual example to demonstrate how countries violate the regime of MFN using RTAs. The work explores the practice of the Dispute Settlement Body of the WTO on this issue, as well as provides theoretical substantiation on why signing RTAs does not mean violating the law of WTO de lege lata. Theoretical conclusions of some of the research leads the author to conclude that regional trade agreements represent lex posterior or lex specialis with regards to responsibility of the states before WTO.
Keywords:
GATS, GATT, most favoured nation treatment, World trade organization, Regional trade agreements, WTO law, WTO Appellate body, State obligations, Contractual model, Constitutional model