Pub Date : 2021-05-31DOI: 10.26886/2524-101X.7.2.2021.4
Nino Kemoklidze
The article explores China’s growing presence and activities in Georgia and its present and potential geopolitical implications. Its aim is to contribute to the better understanding of China’s Belt and Road Initiative and its impact on the socio-political and economic security in Georgia as well as wider Caucasus region more generally. The article highlights Georgia’s role in the BRI as a land and maritime “bridge”. It examines in some depth the role of the Trans-Caspian route – the so-called Middle Corridor and its constituting Baku-Tbilisi-Kars (BTK) railway in the future development of the BRI and Georgia’s involvement in it as a “logistics hub” connecting Asia and Europe. The article also explores the prospects of the Deep-Water Port Project in the Black Sea town of Anaklia in Georgia and why it has not materialised yet. It touches upon the conflicting interests of Russia, Turkey and the US and how geopolitics influences economic calculations of the project. The article is largely based on a desk research conducted in summer and autumn 2020 and utilises both secondary and primary sources in its analysis. Online interviews and author’s communication with the Georgian government officials, Embassy representatives, experts in the field, Georgian exchange students in China and others connected to Chinese companies in Georgia have also been used in the analysis presented in the article. The article shows how despite increased Chinese involvement in Georgia more generally, China’s interest in the development of the economically, and possibly politically strategic for Georgia “Middle Corridor” route remains rather lukewarm. However, as the article tries to demonstrate, this should not prevent Georgia to pursue its ambitious plan of becoming a connecting land and maritime hub in the region. China is undoubtedly an important player in Asia and beyond, but it is not the only player.
{"title":"China’s Belt and Road Initiative: Opportunities and Challenges for Georgia","authors":"Nino Kemoklidze","doi":"10.26886/2524-101X.7.2.2021.4","DOIUrl":"https://doi.org/10.26886/2524-101X.7.2.2021.4","url":null,"abstract":"The article explores China’s growing presence and activities in Georgia and its present and potential geopolitical implications. Its aim is to contribute to the better understanding of China’s Belt and Road Initiative and its impact on the socio-political and economic security in Georgia as well as wider Caucasus region more generally. The article highlights Georgia’s role in the BRI as a land and maritime “bridge”. It examines in some depth the role of the Trans-Caspian route – the so-called Middle Corridor and its constituting Baku-Tbilisi-Kars (BTK) railway in the future development of the BRI and Georgia’s involvement in it as a “logistics hub” connecting Asia and Europe. The article also explores the prospects of the Deep-Water Port Project in the Black Sea town of Anaklia in Georgia and why it has not materialised yet. It touches upon the conflicting interests of Russia, Turkey and the US and how geopolitics influences economic calculations of the project. The article is largely based on a desk research conducted in summer and autumn 2020 and utilises both secondary and primary sources in its analysis. Online interviews and author’s communication with the Georgian government officials, Embassy representatives, experts in the field, Georgian exchange students in China and others connected to Chinese companies in Georgia have also been used in the analysis presented in the article. The article shows how despite increased Chinese involvement in Georgia more generally, China’s interest in the development of the economically, and possibly politically strategic for Georgia “Middle Corridor” route remains rather lukewarm. However, as the article tries to demonstrate, this should not prevent Georgia to pursue its ambitious plan of becoming a connecting land and maritime hub in the region. China is undoubtedly an important player in Asia and beyond, but it is not the only player.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48157030","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 : 2021-05-31DOI: 10.26886/2524-101X.7.2.2021.1
Tetyana Malyarenko, S. Wolff
{"title":"Introduction “Belt and Road Initiative in the South Caucasus and Eastern Europe: Trade, Policy, Regulations”","authors":"Tetyana Malyarenko, S. Wolff","doi":"10.26886/2524-101X.7.2.2021.1","DOIUrl":"https://doi.org/10.26886/2524-101X.7.2.2021.1","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47499635","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 : 2021-05-31DOI: 10.26886/2524-101X.7.2.2021.3
Tetyana Malyarenko
In this article I argue that the increasingly three-sided competition for influence – between Russia, China and the West in and over Ukraine – has created a new space for autonomous decision making and can increase Ukraine’s own agency when it comes to strategic geopolitical and geo-economic choices in its foreign policy. Relying on competition theory to determine competitive influence-seeking policies of great powers and strategies of smaller states, I propose a ‘smart leadership’ strategy for Ukraine, aimed at the management of its status in the Russia-China-West triangle. In the first part of article, I outline Ukraine’s national interests. This is followed by a consideration of the geopolitical and geo-economic environment in which Ukraine has operated until recently before I detail the changes in this environment that are related to the increased economic significance that China has assumed for Ukraine. In the second part, I consider what smart leadership would look like if Ukraine were to escape its current dual entrapment of positioning of a small state in the geopolitical competition of great powers.
{"title":"China’s Belt and Road Initiative in the Contested Eastern Neighborhood: A Case Study of Ukraine","authors":"Tetyana Malyarenko","doi":"10.26886/2524-101X.7.2.2021.3","DOIUrl":"https://doi.org/10.26886/2524-101X.7.2.2021.3","url":null,"abstract":"In this article I argue that the increasingly three-sided competition for influence – between Russia, China and the West in and over Ukraine – has created a new space for autonomous decision making and can increase Ukraine’s own agency when it comes to strategic geopolitical and geo-economic choices in its foreign policy. Relying on competition theory to determine competitive influence-seeking policies of great powers and strategies of smaller states, I propose a ‘smart leadership’ strategy for Ukraine, aimed at the management of its status in the Russia-China-West triangle. In the first part of article, I outline Ukraine’s national interests. This is followed by a consideration of the geopolitical and geo-economic environment in which Ukraine has operated until recently before I detail the changes in this environment that are related to the increased economic significance that China has assumed for Ukraine. In the second part, I consider what smart leadership would look like if Ukraine were to escape its current dual entrapment of positioning of a small state in the geopolitical competition of great powers.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47350634","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: 10.26886/2524-101x.7.3.2021.2
Roman Kril
The article analyses the EU policies towards the extension of a Common Transit Procedure and the New Computerised Transit System (NCTS) over associated countries given a case of Ukraine. A reasonable amount of the EU actions and aid on implementing the NCTS are performed within frameworks of the Eastern Neighbourhood Policy. It is instrumental for approximation of customs legislation, capacity budling, and modernization of customs authorities of the EU neighboring states. However, the impact of the NCTS implementation goes far beyond mere transit arrangements. It has the potential to introduce basic principles of the EU administrative law and best practices of administration into the day-by-day performance of national customs authorities. Ukrainian customs have favorable start conditions; so far, the national customs authorities and traders have experience in utilizing customs IT solutions. However, the transition to the new transit procedure may face specific issues due to disproportionately strict authorization criteria for transit simplification set by national legislation that exceeds the relevant rules of the EU legislation. Such restrictions cause low popularity of the new procedures harmonized with the EU legislation. Besides, in some cases, the approximation to the EU customs legislation results in discontinuing the existing simplification of customs procedures, which raises the question of possible distortions in the implementation of respective obligations and failure to share basic principles of good administration promoted by the EU.
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Pub Date : 2020-12-31DOI: 10.26886/2524-101X.6.2020.1
Elvina Abliakimova, W. Jianjun
The article is addressed to the groups of regime rules of the Russian Federation (RF) seaports that are of the highest relevance and have undergone significant changes in legal regulation in 2020. The impact of new challenges and threats, destructive for the port industry and the country as a whole, was relieved thanks to timely and effective measures. Updating the organizational and legal mechanism of sanitary control and quarantine formalities in seaports was considered against the COVID-19 pandemic. Their effectiveness and correspondence with world practices are noted. Analysis of the legal regulation of transport security and ensuring the protection of seaports showed the directions for further rulemaking works and the construction of an integrated safety and security system for a seaport by eliminating the duplication of security systems’ functions. The necessity for a reasonable allocation of funds for ports security is noted, taking into account the analysis of performance functions and based on a risk management system. The ecology element of the regime of the Russian Federation’s seaports is considered taking into account the recent organizational measures to reduce dust and petroleum pollution. The importance of maintaining a balance between verification measures and levels of environmental hazards are indicated.
{"title":"Legal Regime of Russian Seaports: Security Policy Updates","authors":"Elvina Abliakimova, W. Jianjun","doi":"10.26886/2524-101X.6.2020.1","DOIUrl":"https://doi.org/10.26886/2524-101X.6.2020.1","url":null,"abstract":"The article is addressed to the groups of regime rules of the Russian Federation (RF) seaports that are of the highest relevance and have undergone significant changes in legal regulation in 2020. The impact of new challenges and threats, destructive for the port industry and the country as a whole, was relieved thanks to timely and effective measures. Updating the organizational and legal mechanism of sanitary control and quarantine formalities in seaports was considered against the COVID-19 pandemic. Their effectiveness and correspondence with world practices are noted. Analysis of the legal regulation of transport security and ensuring the protection of seaports showed the directions for further rulemaking works and the construction of an integrated safety and security system for a seaport by eliminating the duplication of security systems’ functions. The necessity for a reasonable allocation of funds for ports security is noted, taking into account the analysis of performance functions and based on a risk management system. The ecology element of the regime of the Russian Federation’s seaports is considered taking into account the recent organizational measures to reduce dust and petroleum pollution. The importance of maintaining a balance between verification measures and levels of environmental hazards are indicated.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43677079","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 : 2020-12-31DOI: 10.26886/2524-101X.6.2020.2
A. Kormych, V. Zavalniuk
The paper focuses on powers’ dissolving effects brought by Eastern Partnership Association agreements, signed with Ukraine, Moldova, and Georgia, to associated states’ governance systems and practices and the development of associations’ institutions and procedures. To that end, the research utilizes the concepts of “ungovernance” and “global ungovernance” that, in the authors’ view, possess significant explanation potential in the field. The paper reviews the emergence of said concepts, which may be traced back to the mid of 1990th. It emphasizes the main features of those concepts concerning both national states and transnational institution-building projects. The dispersion of powers due to the implementation of association agreements is caused by the extension of obligations far beyond those needed to implement the DCFTA and binding the market access with progress in other fields. Such agreement’s design brings the notions of “uncertainty” and “inconsistencies” into assessing the institutional and procedural issues of its implementation. The paper also analyses the side-effects of the lack of accession perspective, which, combined with extensive obligations towards approximation to the EU legislation, creates an “impossibility of closure” effect (i.e., impossibility to reach objectives set). Such an effect happens due to unclear goals and discouragement of actors involved in the implementation because of the absence of future membership guarantees. The paper also suggests that the implementation process’s failures may result in significant institutional and procedural rearrangements within the association agreements’ frameworks to adjust the governance mode to cope with such failures.
{"title":"Eastern Partnership Association Agreements in the Mirror of Global Ungovernance: Where Does the DCFTA Lead?","authors":"A. Kormych, V. Zavalniuk","doi":"10.26886/2524-101X.6.2020.2","DOIUrl":"https://doi.org/10.26886/2524-101X.6.2020.2","url":null,"abstract":"The paper focuses on powers’ dissolving effects brought by Eastern Partnership Association agreements, signed with Ukraine, Moldova, and Georgia, to associated states’ governance systems and practices and the development of associations’ institutions and procedures. To that end, the research utilizes the concepts of “ungovernance” and “global ungovernance” that, in the authors’ view, possess significant explanation potential in the field. The paper reviews the emergence of said concepts, which may be traced back to the mid of 1990th. It emphasizes the main features of those concepts concerning both national states and transnational institution-building projects. The dispersion of powers due to the implementation of association agreements is caused by the extension of obligations far beyond those needed to implement the DCFTA and binding the market access with progress in other fields. Such agreement’s design brings the notions of “uncertainty” and “inconsistencies” into assessing the institutional and procedural issues of its implementation. The paper also analyses the side-effects of the lack of accession perspective, which, combined with extensive obligations towards approximation to the EU legislation, creates an “impossibility of closure” effect (i.e., impossibility to reach objectives set). Such an effect happens due to unclear goals and discouragement of actors involved in the implementation because of the absence of future membership guarantees. The paper also suggests that the implementation process’s failures may result in significant institutional and procedural rearrangements within the association agreements’ frameworks to adjust the governance mode to cope with such failures.","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41440948","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 : 2020-05-14DOI: 10.26886/2524-101x.2.2020.2
Gediminas Valantiejus
Valantiejus G. Conflicts of international and national customs law with EU customs law: the example of the Republic of Lithuania / G. Valantiejus // Lex Portus : юрид. наук. журн. / редкол. : С. В. Ківалов (голов. ред. ради), Б. А. Кормич (голов. ред.), Т. В. Аверочкіна (наук. ред., відп. секр.) [та ін.] ; НУ "ОЮА", ГО "МА Святий Миколай". – Одеса : Видавничий дім «Гельветика», 2020. - № 2. – C. 30 - 41.
Valantiejus G.Conflicts of international and national customs law with EU customs law:the example of the Republic of Lithuania/G.Valantiejus//lex portus:jurisdiction.科学。新闻/编辑：C.国际合作B.其他事项基瓦洛夫（俄语：Кааааааааааааааааааааааааааааааааааааааааааааа。A.国际合作奶妈，T。B.其他事项Averochkina（科学编辑，高级秘书处）[编辑]；哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦，哦敖德萨：Vidavnich Dim“Helvetica”，2020-№ 2. – C. 30 - 41.
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Pub Date : 2020-02-28DOI: 10.26886/2524-101x.1.2020.3
O. Kostyria, A. Ivanova
Kostyria O., Ivanova A. International legal protection of the marine environment from pollution from ships on the example of the Black Sea / O. Kostyria, A. Ivanova // Lex Portus : юрид. наук. журн. / редкол. : С. В. Ківалов (голов. ред. ради), Б. А. Кормич (голов. ред.), Т. В. Аверочкіна (наук. ред., відп. секр.) [та ін.] ; НУ "ОЮА", ГО "МА “Святий Миколай". - Одеса : Видавничий дім «Гельветика», 2020. - № 1. – C. 37 - 50.
Kostyria O.，Ivanova A.International legal protection of the marine environment from pollution from ships on the example of the black sea/O.Kostyria，A.Ivanova//lex portus:juridique.科学。新闻/编辑：C.国际合作B.其他事项基瓦洛夫（俄语：Каааааааааааааааааааааааааааа。A.国际合作奶妈，T。B.其他事项Averochkina（科学编辑，高级秘书处）[编辑]；好吧，“Oyua”，go“ma”Sveti Mikolai.-Odesa:Vidavnici Dim“Helvetica”，2020-№ 1. – C. 37 - 50.
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Pub Date : 2020-02-28DOI: 10.26886/2524-101x.1.2020.4
Roman Kril
{"title":"The EU and common transit procedures and regional integration: the case of Ukraine","authors":"Roman Kril","doi":"10.26886/2524-101x.1.2020.4","DOIUrl":"https://doi.org/10.26886/2524-101x.1.2020.4","url":null,"abstract":"","PeriodicalId":36374,"journal":{"name":"Lex Portus","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69156849","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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