Pub Date : 2023-12-04DOI: 10.26886/2524-101x.9.5.2023.2
B. Babin, Oleksii Plotnikov, Anna Prykhodko
{"title":"Damage to the Maritime Ecosystems from the Destruction of the Kakhovka Dam and International Mechanisms of its Assessment","authors":"B. Babin, Oleksii Plotnikov, Anna Prykhodko","doi":"10.26886/2524-101x.9.5.2023.2","DOIUrl":"https://doi.org/10.26886/2524-101x.9.5.2023.2","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":"21 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138602519","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 : 2023-11-13DOI: 10.26886/2524-101x.9.4.2023.2
Masitha Tismananda Kumala, Ria Tri Vinata, Titik Suharti, Peni Jati Setyowati
Sustainable development is realized in various sectors, including marine and fisheries. Fishermen are the main pillars in advancing the marine and fisheries sector. The welfare of fishermen in Indonesia is not as good as Indonesia’s ambitions in promoting the marine and fisheries sector. One of the Human Rights, namely the right to a decent and prosperous life, still needs to be felt by most small-scale or artisanal fishermen. The purpose of this research is to find a direction for fisheries and marine policies that can protect the human rights of fishermen to realize sustainable development in Indonesia’s marine and fisheries sector. The paper explore two legal issues: Indonesian fishermen’s human rights problems and protecting Indonesian fishermen’s human rights to sustainable development realization in Indonesia’s marine and fisheries sector. Indonesian fishermen’s human rights problems are the right to have a decent and prosperous life, to receive proper and fair treatment in work relations, to obtain legal protection, not to be tortured and enslaved, and the right to adjust the occupation identity written in the National Identification Card (NIC) for the female fishermen. Protecting Indonesian fishermen’s human rights cannot be realized without international cooperation with other states because many Indonesian fishermen work in foreign-flagged vessels. The working conditions in which the majority of fishermen in Indonesia operate, specifically in countries such as China, South Korea, and Taiwan, do not align with several international agreements aimed at safeguarding the rights of fishermen. Finally, the article considers establishing international cooperation between Indonesia and related states to protect fishermen’s human rights.
{"title":"Fishermen Human Rights Protection and Sustainable Development in the Indonesian Marine Sector","authors":"Masitha Tismananda Kumala, Ria Tri Vinata, Titik Suharti, Peni Jati Setyowati","doi":"10.26886/2524-101x.9.4.2023.2","DOIUrl":"https://doi.org/10.26886/2524-101x.9.4.2023.2","url":null,"abstract":"Sustainable development is realized in various sectors, including marine and fisheries. Fishermen are the main pillars in advancing the marine and fisheries sector. The welfare of fishermen in Indonesia is not as good as Indonesia’s ambitions in promoting the marine and fisheries sector. One of the Human Rights, namely the right to a decent and prosperous life, still needs to be felt by most small-scale or artisanal fishermen. The purpose of this research is to find a direction for fisheries and marine policies that can protect the human rights of fishermen to realize sustainable development in Indonesia’s marine and fisheries sector. The paper explore two legal issues: Indonesian fishermen’s human rights problems and protecting Indonesian fishermen’s human rights to sustainable development realization in Indonesia’s marine and fisheries sector. Indonesian fishermen’s human rights problems are the right to have a decent and prosperous life, to receive proper and fair treatment in work relations, to obtain legal protection, not to be tortured and enslaved, and the right to adjust the occupation identity written in the National Identification Card (NIC) for the female fishermen. Protecting Indonesian fishermen’s human rights cannot be realized without international cooperation with other states because many Indonesian fishermen work in foreign-flagged vessels. The working conditions in which the majority of fishermen in Indonesia operate, specifically in countries such as China, South Korea, and Taiwan, do not align with several international agreements aimed at safeguarding the rights of fishermen. Finally, the article considers establishing international cooperation between Indonesia and related states to protect fishermen’s human rights.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":"44 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136282097","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 : 2023-11-13DOI: 10.26886/2524-101x.9.4.2023.3
Simeana Beshi, Driola Susuri
This article provides a comprehensive jurisprudential analysis of the principle of proportionality in EU law in the context of avoiding, abusing, and preventing tax evasion, as highlighted by the CJEU’s jurisprudential practices. This study aims to clarify how the principle relates to the multifaceted challenges tax evasion poses for the EU. Key findings from this research underscore the pivotal role played by the principle in ensuring that EU tax laws effectively combat tax evasion while safeguarding fundamental rights and principles of justice. The CJEU’s jurisprudential practices provide valuable insights into the interpretation and application of this principle in concrete cases, offering guidance to Member States and practitioners in the field. This study contributes to the ongoing discourse surrounding tax evasion and its countermeasures within the EU. As the EU continues to evolve its tax policies in an increasingly globalized and interconnected world, understanding the nuances of the principle of proportionality becomes indispensable. This research is a valuable resource for policymakers, legal practitioners, scholars, and stakeholders interested in enhancing the coherence and effectiveness of EU tax law while upholding the rule of law and protecting the integrity of the internal market.
{"title":"Proportionality Principle in the CJEU Judgments on Tax Cases","authors":"Simeana Beshi, Driola Susuri","doi":"10.26886/2524-101x.9.4.2023.3","DOIUrl":"https://doi.org/10.26886/2524-101x.9.4.2023.3","url":null,"abstract":"This article provides a comprehensive jurisprudential analysis of the principle of proportionality in EU law in the context of avoiding, abusing, and preventing tax evasion, as highlighted by the CJEU’s jurisprudential practices. This study aims to clarify how the principle relates to the multifaceted challenges tax evasion poses for the EU. Key findings from this research underscore the pivotal role played by the principle in ensuring that EU tax laws effectively combat tax evasion while safeguarding fundamental rights and principles of justice. The CJEU’s jurisprudential practices provide valuable insights into the interpretation and application of this principle in concrete cases, offering guidance to Member States and practitioners in the field. This study contributes to the ongoing discourse surrounding tax evasion and its countermeasures within the EU. As the EU continues to evolve its tax policies in an increasingly globalized and interconnected world, understanding the nuances of the principle of proportionality becomes indispensable. This research is a valuable resource for policymakers, legal practitioners, scholars, and stakeholders interested in enhancing the coherence and effectiveness of EU tax law while upholding the rule of law and protecting the integrity of the internal market.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":"44 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136282098","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 : 2023-11-13DOI: 10.26886/2524-101x.9.4.2023.1
Borys Kormych, Tetiana Averochkina
{"title":"Black Sea Grain Initiative is Dead, Long Live the New Trade Corridor","authors":"Borys Kormych, Tetiana Averochkina","doi":"10.26886/2524-101x.9.4.2023.1","DOIUrl":"https://doi.org/10.26886/2524-101x.9.4.2023.1","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":"42 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136281784","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 : 2023-08-29DOI: 10.26886/2524-101x.9.3.2023.1
Ramzi Madi, Esmaeel Almansoori
{"title":"Effects of Maritime Mortgages on Creditors and Debtors under the UAE Law","authors":"Ramzi Madi, Esmaeel Almansoori","doi":"10.26886/2524-101x.9.3.2023.1","DOIUrl":"https://doi.org/10.26886/2524-101x.9.3.2023.1","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45052288","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 : 2023-08-29DOI: 10.26886/2524-101x.9.3.2023.3
Ria Tri Vinata, M. T. Kumala
{"title":"Joint Security Efforts to Combat IUU Fishing in the Waters of Indonesia","authors":"Ria Tri Vinata, M. T. Kumala","doi":"10.26886/2524-101x.9.3.2023.3","DOIUrl":"https://doi.org/10.26886/2524-101x.9.3.2023.3","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41775610","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 : 2023-08-29DOI: 10.26886/2524-101x.9.3.2023.2
B. Fasii
{"title":"War Risks in Shipping Contracts: The Impact of the Russo-Ukrainian Armed Conflict","authors":"B. Fasii","doi":"10.26886/2524-101x.9.3.2023.2","DOIUrl":"https://doi.org/10.26886/2524-101x.9.3.2023.2","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41486835","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 : 2023-06-01DOI: 10.26886/2524-101x.9.2.2023.2
Sergiy Kivalov
The “sea factor” has a crucial influence on coastal states’ domestic and foreign policies, and may create additional incentives for regional cooperation and integration. The Russo-Ukrainian War, the largest armed conflict in Europe since World War II, has become a stress test for many regional transport and infrastructure projects. Moreover, this armed conflict has had different effects in different cases. For the Three Seas Initiative, the Russo-Ukrainian war became an additional incentive to strengthen cooperation. It gave the initiative new meaning and even stimulated its expansion through the decision to grant partner status to Ukraine. At the same time, this conflict had negative consequences for China’s Belt and Road Initiative (BRI). The war also led to the emergence of another area of cooperation between Ukraine and Turkey in the Black Sea Grain Initiative.
{"title":"The “Sea Factor” in Regional Cooperation: The Impact of the Russo-Ukrainian War","authors":"Sergiy Kivalov","doi":"10.26886/2524-101x.9.2.2023.2","DOIUrl":"https://doi.org/10.26886/2524-101x.9.2.2023.2","url":null,"abstract":"The “sea factor” has a crucial influence on coastal states’ domestic and foreign policies, and may create additional incentives for regional cooperation and integration. The Russo-Ukrainian War, the largest armed conflict in Europe since World War II, has become a stress test for many regional transport and infrastructure projects. Moreover, this armed conflict has had different effects in different cases. For the Three Seas Initiative, the Russo-Ukrainian war became an additional incentive to strengthen cooperation. It gave the initiative new meaning and even stimulated its expansion through the decision to grant partner status to Ukraine. At the same time, this conflict had negative consequences for China’s Belt and Road Initiative (BRI). The war also led to the emergence of another area of cooperation between Ukraine and Turkey in the Black Sea Grain Initiative.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48099193","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 : 2023-06-01DOI: 10.26886/2524-101x.9.2.2023.3
Van Hoc Duong
The article discusses natural resource underpricing in multilateral subsidy rules’ negotiations. It starts from the U.S. experiences to consider foreign natural resource underpricing practices under its underdeveloped subsidy rules. The United States then brought its domestic concern to the Uruguay Round establishing the World Trade Organization; however, conflicts had been shown between the industrialist countries and the resource-endowed ones regarding the ways of using natural resources as a comparative advantage. At this corner of trade rulemaking, the North’s pro-market demand was likely to collide with the South’s natural resource sovereignty. Natural resource underpricing has again taken the stage in the ongoing Doha Development Round for renegotiation of the WTO Subsidies Agreement; nevertheless, it seems to partly place this multilateral trade rulemaking under a stalemate. The crux of the subsidy debates on natural resources is how to deal with the government’s market predominance concern as to reflect the government’s roles in the natural resource sector. The European Union’s pressure on the WTO accession of several resource-endowed countries has been quite effective since the latter chose to surrender part of their natural resource sovereignty as a price of economic integration. However, the EU present anti-dumping practice against the natural resource underpricing problem seems to add fuel to the dilemma since its trade law consistency is under challenge.
{"title":"Natural Resource Underpricing in WTO Subsidies Rules and Beyond: A Reflection of North-South Divide in Globalization","authors":"Van Hoc Duong","doi":"10.26886/2524-101x.9.2.2023.3","DOIUrl":"https://doi.org/10.26886/2524-101x.9.2.2023.3","url":null,"abstract":"The article discusses natural resource underpricing in multilateral subsidy rules’ negotiations. It starts from the U.S. experiences to consider foreign natural resource underpricing practices under its underdeveloped subsidy rules. The United States then brought its domestic concern to the Uruguay Round establishing the World Trade Organization; however, conflicts had been shown between the industrialist countries and the resource-endowed ones regarding the ways of using natural resources as a comparative advantage. At this corner of trade rulemaking, the North’s pro-market demand was likely to collide with the South’s natural resource sovereignty. Natural resource underpricing has again taken the stage in the ongoing Doha Development Round for renegotiation of the WTO Subsidies Agreement; nevertheless, it seems to partly place this multilateral trade rulemaking under a stalemate. The crux of the subsidy debates on natural resources is how to deal with the government’s market predominance concern as to reflect the government’s roles in the natural resource sector. The European Union’s pressure on the WTO accession of several resource-endowed countries has been quite effective since the latter chose to surrender part of their natural resource sovereignty as a price of economic integration. However, the EU present anti-dumping practice against the natural resource underpricing problem seems to add fuel to the dilemma since its trade law consistency is under challenge.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42194285","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 : 2023-06-01DOI: 10.26886/2524-101x.9.2.2023.1
Xhon Skënderi, Sara Vora (Hoxha)
The present research paper offers an all-encompassing examination of Article 5 of the Rome I Regulation, a pivotal component of the European Union’s private international law. The article centres its attention on the influence of Article 5 on contracts of carriage, a crucial element of global commerce. The objective of the research is to offer a comprehensive comprehension of the legislative framework and fundamental attributes of the Rome I Regulation. The regulation’s primary objective is to facilitate predictability and legal assurance in cross-border transactions. This article critically examines the complexities of Article 5, encompassing its extent, conditions, and exceptions, and further explores its importance for international transportation agreements. This study analyses the function of Article 5 in ascertaining the applicable law in instances of conflicts between parties from diverse legal systems, with specific emphasis on multimodal transportation and the notion of “the place of delivery”. The present article assesses the influence of the legal rulings of the European Court of Justice on the construal and implementation of Article 5. The research presented here delineates several pragmatic impediments and limitations that emerge during the execution of Article 5, encompassing possible contradictions with other international accords, complexities in ascertaining the site of delivery, and the impact of obligatory legal statutes. Notwithstanding the aforementioned challenges, the study concludes that Article 5 has been instrumental in fostering legal certainty, facilitating the performance of international carriage contracts, and propelling worldwide trade. The present study’s outcomes augment the extant corpus of literature on the Rome I Regulation and furnish significant perspectives for policymakers, legal professionals, and academicians. The article emphasises the necessity for additional examination and evaluation of the obstacles and possibilities posed by Article 5 within the framework of global commerce and transportation agreements.
{"title":"Setting Sail with the Rome I Regulation, Article 5 and Cross-Border Contracts of Carriage","authors":"Xhon Skënderi, Sara Vora (Hoxha)","doi":"10.26886/2524-101x.9.2.2023.1","DOIUrl":"https://doi.org/10.26886/2524-101x.9.2.2023.1","url":null,"abstract":"The present research paper offers an all-encompassing examination of Article 5 of the Rome I Regulation, a pivotal component of the European Union’s private international law. The article centres its attention on the influence of Article 5 on contracts of carriage, a crucial element of global commerce. The objective of the research is to offer a comprehensive comprehension of the legislative framework and fundamental attributes of the Rome I Regulation. The regulation’s primary objective is to facilitate predictability and legal assurance in cross-border transactions. This article critically examines the complexities of Article 5, encompassing its extent, conditions, and exceptions, and further explores its importance for international transportation agreements. This study analyses the function of Article 5 in ascertaining the applicable law in instances of conflicts between parties from diverse legal systems, with specific emphasis on multimodal transportation and the notion of “the place of delivery”. The present article assesses the influence of the legal rulings of the European Court of Justice on the construal and implementation of Article 5. The research presented here delineates several pragmatic impediments and limitations that emerge during the execution of Article 5, encompassing possible contradictions with other international accords, complexities in ascertaining the site of delivery, and the impact of obligatory legal statutes. Notwithstanding the aforementioned challenges, the study concludes that Article 5 has been instrumental in fostering legal certainty, facilitating the performance of international carriage contracts, and propelling worldwide trade. The present study’s outcomes augment the extant corpus of literature on the Rome I Regulation and furnish significant perspectives for policymakers, legal professionals, and academicians. The article emphasises the necessity for additional examination and evaluation of the obstacles and possibilities posed by Article 5 within the framework of global commerce and transportation agreements.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48202577","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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