Pub Date : 2022-01-01DOI: 10.15290/eejtr.2022.06.02.02
Agata Szwed
In the face of the most recent geopolitical events in Europe that have been carrying the burden of the COVID-19 pandemic and the war in Ukraine, there have been significant changes on the European Union’s energy market. The aim of this article is to analyse and assess the practice of managing energy in the European Union from the perspective of EU energy in the context of these crises. It will present legislative changes at the Union level in the energy policy sector that are driven by these events and that force a change in attitudes towards energy management. It will use methods typical to law studies, that is the analysis of the law in force, the analysis of the development of relevant laws in history and legal comparison. Research results and conclusions point out that urgent binding legislative changes on the EU forum are necessary to adjust the energy policy to the existing reality and to face the most recent trials. Further legislative steps will be necessary to become independent from Russian raw materials and, primarily, to adapt the provisions of the European Green Deal and to provide further guidance to eliminate administrative barriers and to protect consumers on the energy market. The final part of the article identifies measures the EU must take in the short-, mid- and long-term perspective.
{"title":"Newest challenges of the European Union’s energy policy - legal aspects","authors":"Agata Szwed","doi":"10.15290/eejtr.2022.06.02.02","DOIUrl":"https://doi.org/10.15290/eejtr.2022.06.02.02","url":null,"abstract":"In the face of the most recent geopolitical events in Europe that have been carrying the burden of the COVID-19 pandemic and the war in Ukraine, there have been significant changes on the European Union’s energy market. The aim of this article is to analyse and assess the practice of managing energy in the European Union from the perspective of EU energy in the context of these crises. It will present legislative changes at the Union level in the energy policy sector that are driven by these events and that force a change in attitudes towards energy management. It will use methods typical to law studies, that is the analysis of the law in force, the analysis of the development of relevant laws in history and legal comparison. Research results and conclusions point out that urgent binding legislative changes on the EU forum are necessary to adjust the energy policy to the existing reality and to face the most recent trials. Further legislative steps will be necessary to become independent from Russian raw materials and, primarily, to adapt the provisions of the European Green Deal and to provide further guidance to eliminate administrative barriers and to protect consumers on the energy market. The final part of the article identifies measures the EU must take in the short-, mid- and long-term perspective.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66906247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.15290/eejtr.2021.05.01.01
Kazimierz Lankosz
International organizations, for the purpose of further considerations are these established by multilateral treaties constituting their internal legal order and establishing legal personality for them, which is independent and separate from their member states. The emphasis in this article is on the UN and its Specialized Agencies. Since in practice their constituent instruments are interpreted on the daily basis in the continuous process of performing their functions and filling the gaps, some of extensive interpretations may lead to informal modifications of the constitutional instruments. To examine whether there are any limits to the dynamic / evolutive (extensive) interpretations is of grave significance both for international law doctrine and practice, as well as political reality. In conclusion: the Report and the IDI Resolution adopted on 4th September, 2021, are the good ground for better understanding of recent developments in the daily lives of the UN System.
{"title":"Considerations on Limits to Dynamic / Evolutive Interpretation of Constituent Instruments of International Organizations (with the Particular Reference to the UN System)","authors":"Kazimierz Lankosz","doi":"10.15290/eejtr.2021.05.01.01","DOIUrl":"https://doi.org/10.15290/eejtr.2021.05.01.01","url":null,"abstract":"International organizations, for the purpose of further considerations are these established by multilateral treaties constituting their internal legal order and establishing legal personality for them, which is independent and separate from their member states. The emphasis in this article is on the UN and its Specialized Agencies. Since in practice their constituent instruments are interpreted on the daily basis in the continuous process of performing their functions and filling the gaps, some of extensive interpretations may lead to informal modifications of the constitutional instruments. To examine whether there are any limits to the dynamic / evolutive (extensive) interpretations is of grave significance both for international law doctrine and practice, as well as political reality. In conclusion: the Report and the IDI Resolution adopted on 4th September, 2021, are the good ground for better understanding of recent developments in the daily lives of the UN System.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66905532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.15290/eejtr.2021.05.01.04
Przemysław Saganek
The text is devoted to the choice of the paradigm of discussion on the right of Poland to obtain compensation from Germany in connection with the Second World War. In the opinion of the author the main failure of the hitherto discussion on the rights of Poland vis-a-vis Germany is a very infrequent reference to the rules on state responsibility. They are simple and lead to a very simple conclusion – namely the obligation of international law to pay a compensation which would wipe out all the consequences of the breach of international law. The author analyses in more detail the influence of the Potsdam Agreement and the 1953 declaration of the government of the Polish People’s Republic. In his opinion the Potsdam Agreement had no adverse effect on the scope of the Polish rights. While it is impossible to deny such an influence of the 1953 declaration, the author shows that even on a very wide interpretation it cannot be seen as a definitive end of all rights of Poland. The main message is that it is the set of psychological errors on the Polish side which make the discussion on the Polish rights so difficult and unfruitful.
{"title":"The Choice of the Paradigm of Discussion on the Right of Poland to Obtain Compensation From Germany Because of the WWII Aggression and Occupation","authors":"Przemysław Saganek","doi":"10.15290/eejtr.2021.05.01.04","DOIUrl":"https://doi.org/10.15290/eejtr.2021.05.01.04","url":null,"abstract":"The text is devoted to the choice of the paradigm of discussion on the right of Poland to obtain compensation from Germany in connection with the Second World War. In the opinion of the author the main failure of the hitherto discussion on the rights of Poland vis-a-vis Germany is a very infrequent reference to the rules on state responsibility. They are simple and lead to a very simple conclusion – namely the obligation of international law to pay a compensation which would wipe out all the consequences of the breach of international law. The author analyses in more detail the influence of the Potsdam Agreement and the 1953 declaration of the government of the Polish People’s Republic. In his opinion the Potsdam Agreement had no adverse effect on the scope of the Polish rights. While it is impossible to deny such an influence of the 1953 declaration, the author shows that even on a very wide interpretation it cannot be seen as a definitive end of all rights of Poland. The main message is that it is the set of psychological errors on the Polish side which make the discussion on the Polish rights so difficult and unfruitful.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66905840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.15290/eejtr.2021.05.01.02
Sylwia Leszczuk
As the problem of global warming and subsequent climate change becomes more and more pronounced, causing a lot of difficulties for the communities all over the world, and for the whole humankind as well, the need to focus on some of the aspects of such state off affairs arises among researchers and in the political discourse. Some of the problems that sprung out of the changes in our environment create the need for a new legal solutions, or the need to at least redefine the ones that are already set in place. One of such problems is the phenomenon of „climate refugees”. Droughts, food insecurity, degradation of drinking water, rising sea levels, storm surges and infectious diseases, all of which could be linked (directly or indirectly) to the changes brought about by the global warming and all of those can be reasons that could force people out of their habitual homes in search of better living conditions, and even due to the need to save their health and life. Having that in mind, this article raises the issue of so called climate refugees, people displaced due to the negative changes taking place in the environment, which, based on scientific reports, may be related to the negative impact of a human activity, both of sudden and long-term occurrence. The text presents proposals for defining the discussed phenomenon and addresses the issue of the lack of an appropriate legal framework regulating the discussed topic in the UN and on the EU level.
{"title":"The Definition and the Issue of Climate Refugees in the Light of International Law","authors":"Sylwia Leszczuk","doi":"10.15290/eejtr.2021.05.01.02","DOIUrl":"https://doi.org/10.15290/eejtr.2021.05.01.02","url":null,"abstract":"As the problem of global warming and subsequent climate change becomes more and more pronounced, causing a lot of difficulties for the communities all over the world, and for the whole humankind as well, the need to focus on some of the aspects of such state off affairs arises among researchers and in the political discourse. Some of the problems that sprung out of the changes in our environment create the need for a new legal solutions, or the need to at least redefine the ones that are already set in place. One of such problems is the phenomenon of „climate refugees”. Droughts, food insecurity, degradation of drinking water, rising sea levels, storm surges and infectious diseases, all of which could be linked (directly or indirectly) to the changes brought about by the global warming and all of those can be reasons that could force people out of their habitual homes in search of better living conditions, and even due to the need to save their health and life. Having that in mind, this article raises the issue of so called climate refugees, people displaced due to the negative changes taking place in the environment, which, based on scientific reports, may be related to the negative impact of a human activity, both of sudden and long-term occurrence. The text presents proposals for defining the discussed phenomenon and addresses the issue of the lack of an appropriate legal framework regulating the discussed topic in the UN and on the EU level.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66905591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.15290/eejtr.2021.05.01.06
Natalija Lukić
{"title":"Frank van Gemert, Dana Peterson, Inger-Lise Lien (Eds.), Street Gangs, Migration and Ethnicity, Routledge, 2012, pp. 304","authors":"Natalija Lukić","doi":"10.15290/eejtr.2021.05.01.06","DOIUrl":"https://doi.org/10.15290/eejtr.2021.05.01.06","url":null,"abstract":"","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66906219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.15290/eejtr.2021.05.02.01
M. Bulla
This paper aims to examine the development of the legal regulation of remote working arrangements in Slovak labour law and to determine the main legal issues that keep thistype of work from being more widely utilised in practice. To this end, the article analyses the applicable provisions of the Slovak Labour code, as they developed throughout the years, in particular the changes implemented in connection with the Covid-19npandemic. It also investigates other applicable sources of law, as well as case law and relevant literature. The main issues identified by the article that need to be addressed by the legislator, involve three areas: (i.) formulation of the place of work in the employment agreement, (ii.) working time and rest periods of remote workers and (iii.) the range of supervisory powers of the employer vis-à-vis remote workers. The author argues that the legislator ought to create more favourable and clear legal conditions for remote work and to enable this type of work to be performed under all contractual types recognised by Slovak labour law, not just in the (standard) employment relationship.
{"title":"Legal Regulation of Remote Work in Slovakia and the Covid-19 Pandemic","authors":"M. Bulla","doi":"10.15290/eejtr.2021.05.02.01","DOIUrl":"https://doi.org/10.15290/eejtr.2021.05.02.01","url":null,"abstract":"This paper aims to examine the development of the legal regulation of remote working arrangements in Slovak labour law and to determine the main legal issues that keep thistype of work from being more widely utilised in practice. To this end, the article analyses the applicable provisions of the Slovak Labour code, as they developed throughout the years, in particular the changes implemented in connection with the Covid-19npandemic. It also investigates other applicable sources of law, as well as case law and relevant literature. The main issues identified by the article that need to be addressed by the legislator, involve three areas: (i.) formulation of the place of work in the employment agreement, (ii.) working time and rest periods of remote workers and (iii.) the range of supervisory powers of the employer vis-à-vis remote workers. The author argues that the legislator ought to create more favourable and clear legal conditions for remote work and to enable this type of work to be performed under all contractual types recognised by Slovak labour law, not just in the (standard) employment relationship.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66906281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.15290/eejtr.2021.05.02.05
I. Horodyskyy
The field of labour is one of the most dynamic in the society and develops under the influence of the general social progress. Rapid development of digital technologies, towhich public regulators appeared not to be ready in many aspects, has also changed the field of labour by stimulating search and application of new forms of employment. Resulting from technological changes, they also often appear to be beyond legal regulation, thus posing risks both for the state or business, and for employees. Normally new, hybrid forms of labour relations are considered in the context of tax and employment law. That is because they are also related to human rights as it is individual rights and freedoms that are exposed to risks. Respectively, all hybrid models and public initiatives require scrupulous attention and analysis, since their effect may go beyond the framework of employment law or fiscal consequences. In the present article wewill consider the key factors affecting launching of such hybrid models, their pros and cons, as well as public initiatives aimed at regulating relations in the field, as exemplified by different forms of labour organization in the Ukrainian IT industry.
{"title":"Work Models in the Ukrainian IT Industry: Between Employment and Contractor Models","authors":"I. Horodyskyy","doi":"10.15290/eejtr.2021.05.02.05","DOIUrl":"https://doi.org/10.15290/eejtr.2021.05.02.05","url":null,"abstract":"The field of labour is one of the most dynamic in the society and develops under the influence of the general social progress. Rapid development of digital technologies, towhich public regulators appeared not to be ready in many aspects, has also changed the field of labour by stimulating search and application of new forms of employment. Resulting from technological changes, they also often appear to be beyond legal regulation, thus posing risks both for the state or business, and for employees. Normally new, hybrid forms of labour relations are considered in the context of tax and employment law. That is because they are also related to human rights as it is individual rights and freedoms that are exposed to risks. Respectively, all hybrid models and public initiatives require scrupulous attention and analysis, since their effect may go beyond the framework of employment law or fiscal consequences. In the present article wewill consider the key factors affecting launching of such hybrid models, their pros and cons, as well as public initiatives aimed at regulating relations in the field, as exemplified by different forms of labour organization in the Ukrainian IT industry.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66905892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.15290/eejtr.2021.05.01.05
J. Mikołajczyk
The aim of the publication is to assess the current legal solution within the scope of placing the notion of an agricultural holding as a basic conceptual category of the agricultural law in the Civil Code. This problem is directly connected with the postulate of coherence of the whole system of private law when it comes to the most important structural elements or just the understanding of basic notions. The statutory regulation of trade in agricultural real estate and agricultural holdings should be a code regulation, and the location of the definition of an agricultural holding in the Civil Code should be conducive to strengthening ownership. In the dilemma whether to keep in the Civil Code the regulation of trade in agricultural land (including its conceptual network with an agricultural holding at the forefront) or to transfer it to a special act (or perhaps even to the Agricultural Code), it is impossible to point to a just and possible solution. On the basis of arguments of teleological nature, especially from the scope of legislative policy, one should definitely opt for keeping the regulation of trade in agricultural land in the Civil Code.
{"title":"Civil Code as a Legal Basis for Defining the Term. An Agricultural Holding","authors":"J. Mikołajczyk","doi":"10.15290/eejtr.2021.05.01.05","DOIUrl":"https://doi.org/10.15290/eejtr.2021.05.01.05","url":null,"abstract":"The aim of the publication is to assess the current legal solution within the scope of placing the notion of an agricultural holding as a basic conceptual category of the agricultural law in the Civil Code. This problem is directly connected with the postulate of coherence of the whole system of private law when it comes to the most important structural elements or just the understanding of basic notions. The statutory regulation of trade in agricultural real estate and agricultural holdings should be a code regulation, and the location of the definition of an agricultural holding in the Civil Code should be conducive to strengthening ownership. In the dilemma whether to keep in the Civil Code the regulation of trade in agricultural land (including its conceptual network with an agricultural holding at the forefront) or to transfer it to a special act (or perhaps even to the Agricultural Code), it is impossible to point to a just and possible solution. On the basis of arguments of teleological nature, especially from the scope of legislative policy, one should definitely opt for keeping the regulation of trade in agricultural land in the Civil Code.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66906204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.15290/eejtr.2021.05.02.04
Costa Cordella
The essay deals with the relationship between the European directives on the transnational posting and the European rules on the international transport of goods by road, examining the judgment of the Court of Justice of 1 December 2020, C-815/2018. The profiles related to the applicable collective bargaining, the inclusion of transport in the field of application of the European directives on posting are discussed and, in addition, the concrete elements to apply the protections of transnational posting to international road hauliers are highlighted.
{"title":"In Search of the Notion of \"Posted Worker\": Some Clarifications from the Court of Justice Starting from the International Transport Sector","authors":"Costa Cordella","doi":"10.15290/eejtr.2021.05.02.04","DOIUrl":"https://doi.org/10.15290/eejtr.2021.05.02.04","url":null,"abstract":"The essay deals with the relationship between the European directives on the transnational posting and the European rules on the international transport of goods by road, examining the judgment of the Court of Justice of 1 December 2020, C-815/2018. The profiles related to the applicable collective bargaining, the inclusion of transport in the field of application of the European directives on posting are discussed and, in addition, the concrete elements to apply the protections of transnational posting to international road hauliers are highlighted.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66906300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.15290/eejtr.2021.05.02.07
Joanna Połatyńska
This paper tackles the notion of the essential security interest of a State as an exception enshrined in numerous treaties since the beginning of the 20th century. The purpose of the analysis is to establish whether the practice of international courts, tribunals, and other bodies competent to settle the disputes under international law has created any guidelines for interpretation of sometimes vague and discretionary terms used in the wording of essential security interest clauses included in different international treaties. The method is based on the exegetical analysis of jurisprudenceof international courts, tribunals and dispute settlement bodies in cases concerning interpretation of essential security interest clauses. The protection of vital interests of the State, designed as an exception to treaty-based international obligations,has been well established in treaty practice. The wordings of particular essential security interest clauses differ depending on the objects and purposes of the particular treaties, but the core stipulations of the essential security interest clauses remain very similar. The analysis of the judgments, awards and decisions allows to formulate some general conclusions as to the application of essential security interest clauses. Measures allowed under essential security interest exception must be intended toprotect ‘essential security interests’ of the invoking State. Although States remain discretion to define their essential security interests, it must be done in good faith, consistent with the ordinary meaning of the stipulation and treaties’ object and purpose.
{"title":"Essential Security Interests of States - Some Observations on the Emerging Practice under International Law","authors":"Joanna Połatyńska","doi":"10.15290/eejtr.2021.05.02.07","DOIUrl":"https://doi.org/10.15290/eejtr.2021.05.02.07","url":null,"abstract":"This paper tackles the notion of the essential security interest of a State as an exception enshrined in numerous treaties since the beginning of the 20th century. The purpose of the analysis is to establish whether the practice of international courts, tribunals, and other bodies competent to settle the disputes under international law has created any guidelines for interpretation of sometimes vague and discretionary terms used in the wording of essential security interest clauses included in different international treaties. The method is based on the exegetical analysis of jurisprudenceof international courts, tribunals and dispute settlement bodies in cases concerning interpretation of essential security interest clauses. The protection of vital interests of the State, designed as an exception to treaty-based international obligations,has been well established in treaty practice. The wordings of particular essential security interest clauses differ depending on the objects and purposes of the particular treaties, but the core stipulations of the essential security interest clauses remain very similar. The analysis of the judgments, awards and decisions allows to formulate some general conclusions as to the application of essential security interest clauses. Measures allowed under essential security interest exception must be intended toprotect ‘essential security interests’ of the invoking State. Although States remain discretion to define their essential security interests, it must be done in good faith, consistent with the ordinary meaning of the stipulation and treaties’ object and purpose.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66905915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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