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Newest challenges of the European Union’s energy policy - legal aspects 欧盟能源政策的最新挑战-法律方面
Pub Date : 2022-01-01 DOI: 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.
面对欧洲最近的地缘政治事件,欧盟的能源市场已经发生了重大变化,这些事件一直在承受COVID-19大流行和乌克兰战争的负担。本文的目的是在这些危机的背景下,从欧盟能源的角度分析和评估欧盟能源管理的实践。它将提出由这些事件推动的欧盟一级能源政策部门的立法变化,并迫使人们改变对能源管理的态度。它将采用法律研究的典型方法,即对现行法律的分析,对历史上相关法律发展的分析和法律比较。研究结果和结论指出,迫切需要在欧盟论坛上进行有约束力的立法改革,以使能源政策适应现有的现实,并面对最近的考验。需要采取进一步的立法措施,以摆脱对俄罗斯原材料的依赖,主要是适应《欧洲绿色协议》的规定,并提供进一步的指导,以消除行政障碍,保护能源市场上的消费者。文章的最后一部分确定了欧盟必须采取的短期、中期和长期措施。
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引用次数: 0
Considerations on Limits to Dynamic / Evolutive Interpretation of Constituent Instruments of International Organizations (with the Particular Reference to the UN System) 关于对国际组织组成文书进行动态/演化解释的限制的考虑(特别是联合国系统)
Pub Date : 2021-01-01 DOI: 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.
为了进一步考虑,国际组织是指那些由多边条约建立的,构成其内部法律秩序并为其确立独立于其成员国之外的法人资格的国际组织。本文的重点是联合国及其专门机构。由于实际上它们的组成文书是在履行其职能和填补空白的持续过程中每天进行解释的,一些广泛的解释可能导致对宪法文书的非正式修改。研究动态/演变(广泛)解释是否存在任何限制,对于国际法理论和实践以及政治现实都具有重要意义。最后,报告和2021年9月4日通过的IDI决议为更好地了解联合国系统日常生活的最新发展提供了良好的基础。
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引用次数: 1
The Choice of the Paradigm of Discussion on the Right of Poland to Obtain Compensation From Germany Because of the WWII Aggression and Occupation 波兰因第二次世界大战侵略占领而获得德国赔偿的权利问题讨论范式的选择
Pub Date : 2021-01-01 DOI: 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.
本文致力于选择讨论波兰就第二次世界大战向德国索取赔偿的权利的范式。作者认为,迄今为止关于波兰对德国的权利的讨论的主要失败之处在于很少提及国家责任规则。它们很简单,并导致一个非常简单的结论- -即国际法有义务支付赔偿,以消除违反国际法的一切后果。作者更详细地分析了波茨坦协定和1953年波兰人民共和国政府宣言的影响。在他看来,《波茨坦协定》对波兰权利的范围没有不利影响。虽然不可能否认1953年宣言的这种影响,但提交人表明,即使在非常广泛的解释下,也不能将其视为波兰所有权利的最终终结。主要的信息是,波兰方面的一系列心理错误使得关于波兰权利的讨论如此困难和没有成果。
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引用次数: 1
The Definition and the Issue of Climate Refugees in the Light of International Law 国际法视野下的气候难民定义及其问题
Pub Date : 2021-01-01 DOI: 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.
随着全球变暖和随之而来的气候变化问题越来越突出,给世界各地的社区乃至全人类带来了许多困难,研究人员和政治话语都需要关注这些问题的某些方面。由于我们环境的变化而产生的一些问题需要新的法律解决办法,或者至少需要重新定义已经存在的法律解决办法。其中一个问题就是“气候难民”现象。干旱、粮食不安全、饮用水退化、海平面上升、风暴潮和传染病,所有这些都可能(直接或间接)与全球变暖带来的变化联系在一起,所有这些都可能成为迫使人们离开惯常家园寻求更好生活条件的原因,甚至可能是由于需要挽救他们的健康和生命。考虑到这一点,本文提出了所谓的气候难民问题,即由于环境发生负面变化而流离失所的人,根据科学报告,这可能与人类活动的负面影响有关,包括突然发生的和长期发生的。本文提出了定义所讨论的现象的建议,并解决了在联合国和欧盟层面缺乏适当的法律框架来规范所讨论的主题的问题。
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引用次数: 0
Frank van Gemert, Dana Peterson, Inger-Lise Lien (Eds.), Street Gangs, Migration and Ethnicity, Routledge, 2012, pp. 304 Frank van Gemert, Dana Peterson, Inger-Lise Lien(编),街头帮派,移民和种族,Routledge, 2012,第304页
Pub Date : 2021-01-01 DOI: 10.15290/eejtr.2021.05.01.06
Natalija Lukić
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引用次数: 0
Legal Regulation of Remote Work in Slovakia and the Covid-19 Pandemic 斯洛伐克对远程工作的法律监管和Covid-19大流行
Pub Date : 2021-01-01 DOI: 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.
本文旨在审查斯洛伐克劳动法中远程工作安排的法律法规的发展,并确定使这类工作在实践中得不到更广泛利用的主要法律问题。为此,本文分析了多年来制定的《斯洛伐克劳动法》的适用条款,特别是与2019冠状病毒病大流行有关的修改。它还调查其他适用的法律来源,以及判例法和相关文献。该条确定的需要立法者解决的主要问题涉及三个方面:(i)在就业协议中制定工作地点,(ii)远程工作者的工作时间和休息时间,以及(iii)雇主对-à-vis远程工作者的监督权力范围。发件人认为,立法者应该为远程工作创造更有利和明确的法律条件,并使这类工作能够在斯洛伐克劳动法承认的所有合同类型下进行,而不仅仅是在(标准)雇佣关系中进行。
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引用次数: 0
Work Models in the Ukrainian IT Industry: Between Employment and Contractor Models 乌克兰IT行业的工作模式:在雇佣模式和承包商模式之间
Pub Date : 2021-01-01 DOI: 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.
劳动领域是社会中最具活力的领域之一,是在社会总体进步的影响下发展起来的。数字技术的快速发展,公共监管机构似乎在许多方面还没有做好准备,也通过刺激寻找和应用新的就业形式,改变了劳动领域。由于技术变革,它们也经常出现在法律监管之外,从而给国家或企业以及员工带来风险。通常在税收和就业法的背景下考虑新的、混合形式的劳动关系。这是因为它们也与人权有关,因为个人权利和自由面临风险。此外,所有混合模式和公共倡议都需要仔细关注和分析,因为它们的影响可能超出就业法或财政后果的框架。在本文中,我们将考虑影响这种混合模式启动的关键因素,它们的优点和缺点,以及旨在规范该领域关系的公共倡议,例如乌克兰IT行业不同形式的劳工组织。
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引用次数: 0
Civil Code as a Legal Basis for Defining the Term. An Agricultural Holding 《民法典》作为界定该术语的法律依据。农业控股
Pub Date : 2021-01-01 DOI: 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.
该出版物的目的是在将农业所有权的概念作为民法典中农业法的一个基本概念类别的范围内,评估目前的法律解决办法。当涉及到最重要的结构要素或仅仅是对基本概念的理解时,这个问题与整个私法体系的一致性假设直接相关。农业地产与农业控股交易的法定规制应是法典规制,农业控股在民法典中的定位应有利于强化所有权。究竟是在民法典中保留对农业用地贸易的监管(包括其以农业占有为主体的概念网络),还是将其转移到一个特别法案(甚至是农业法典)中,在这种两难境地中,不可能指出一个公正和可能的解决方案。基于目的性的论证,特别是从立法政策的范围来看,我们应该明确选择在民法典中保留对农地交易的规定。
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引用次数: 0
In Search of the Notion of "Posted Worker": Some Clarifications from the Court of Justice Starting from the International Transport Sector 寻找“外派工人”的概念:法院从国际运输部门开始的一些澄清
Pub Date : 2021-01-01 DOI: 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.
本文探讨了欧洲跨国邮递指令与欧洲国际公路货物运输规则之间的关系,考察了法院2020年12月1日的判决,C-815/2018。讨论了与适用的集体谈判、将运输纳入适用欧洲邮务指令领域有关的概况,此外还强调了将跨国邮务保护适用于国际公路运输商的具体因素。
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引用次数: 0
Essential Security Interests of States - Some Observations on the Emerging Practice under International Law 国家的基本安全利益——对国际法新实践的一些看法
Pub Date : 2021-01-01 DOI: 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.
本文论述了国家的基本安全利益作为20世纪初以来载入许多条约的例外的概念。分析的目的是确定国际法院、法庭和其他有权根据国际法解决争端的机构的实践是否为解释不同国际条约所载的基本担保利益条款的措辞中有时使用的模糊和酌情措词创造了任何准则。该方法基于对国际法院、法庭和争端解决机构在解释基本担保利益条款方面的判例的注释分析。保护国家的重大利益,作为以条约为基础的国际义务的例外,已在条约实践中得到充分确立。虽然具体的基本担保利益条款的措词因具体条约的目的和宗旨而异,但基本担保利益条款的核心规定却大同小异。通过对判决、裁决和决定的分析,可以对基本担保利益条款的适用得出一些一般性的结论。基本安全利益例外下允许的措施必须旨在保护援引国的“基本安全利益”。虽然各国在确定其基本安全利益方面仍有自由裁量权,但必须本着诚意,符合规定的一般含义和条约的目标和宗旨。
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引用次数: 0
期刊
Eastern European Journal of Transnational Relations
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