Conclusion Of Bilateral Agreements Research Articles

Legal regulation of the international transport sphere in the conditions of European integration

The article conducts a scientific and practical study of the organizational and legal issues of the integration of the transport system of Ukraine into both European and world transport systems with the aim of forming and further developing a single trans-European transport network.
 The international documents of the European Union and the national legislation of Ukraine in the international transport sphere were analyzed in order to identify problematic issues, search for effective organizational and legal mechanisms for their solution and priority forms of cooperation in this sphere.
 It was revealed that the main concepts, ways to achieve the goal and even specific actions regarding the creation of a modern transport network are outlined in the strategy of the European Commission "Transport - 2050: road map for the formation of the Single European transport space - on the way to a competitive and resource-efficient transport system” - " White book - 2011”.
 One of the main goals of cooperation in accordance with the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, was specified, and its content was formed.
 It was emphasized that the situation with European integration in the international transport sphere remains difficult and this is a negative phenomenon and a joint responsibility of the Government and the Parliament regarding the obligations of Ukraine's implementation of mandatory and directly related regulations and directives of the European Union.
 The necessary steps for the implementation of the organizational and legal mechanism of European integration processes regarding the liberalization of international transportation and the development of the international transport sphere with the European Union and its member states are proposed, which can be the conclusion of bilateral agreements between Ukraine and the European Union on the simplification of the permit system between Ukraine and the member states of the European Union. of the Union for transit transportation by transport, making appropriate changes to already existing bilateral agreements regarding the conditions of transit transportation of goods between Ukraine and the member states of the European Union, in general, resolving issues regarding the obligations of implementing the Association Agreement between Ukraine, on the one hand, and the European Union , the European Atomic Energy Community and their member states, on the other hand, in the field of infrastructure, acceleration of the stages of reform in Ukraine within the framework of the implementation of the Association Agreement, in particular, the approval by the parliament of European integration bills in the field of transport infrastructure.

Treaty between the Republic of Kazakhstan and the United States of America on mutual legal assistance in criminal matters: problems and perspectives

The formation of an international legal framework in the field of combating crime through the conclusion of bilateral agreements with the authorities of foreign states is a priority activity of law enforcement agencies of the Republic of Kazakhstan in the fight against crime. Signing of the Treaty between the Republic of Kazakhstan and the United States of America on mutual legal assistance is a logical continuation of the work of the Prosecutor General’s Office of the Republic of Kazakhstan to expand international cooperation in combating international crime. In this article, the authors tried to consider in detail the procedural and legal norms of the signed Treaty, because since almost six years have passed since its ratification, and the parties have not demonstrated any serious achievements of interaction based on this document. This article also highlights some historical and factual aspects of the formation and development of international legal cooperation of Kazakhstan and its strategy of interaction with the competent authorities of foreign states in the XXI century.

The Implementation of the EU Strategy for Free Trade Through the Conclusion of Bilateral Agreements with its Major Partners the Latest Developments

Abstract The need to achieve greater opening of international markets in more areas of economic activity has prompted the EU since the mid-2000s, specifically from 2006 onwards, to launch a process of negotiating new bilateral economic agreements. The purpose was not to conclude agreements that would be limited to regulating the traditional aspects of trade with its economic partners, but agreements whose scope would include all economic relations between the contracting parties. The key element of these new generation agreements is their global content given that, regardless of their title, their object is to regulate both trade in goods and services and trade-related areas such as investment status, public procurement, competition issues, protection of intellectual property rights. Their basic aim is to liberalize and facilitate trade in goods and services between the parties. The present study seeks to examine the objectives as well as the fundamental rules set out in these EU agreements. JEL classification numbers: K33, F02, F21. Keywords: European Union, International Agreements, Free Trade.

Between defeating “the warlord” and defending “the blue homeland”: a discourse of legitimacy and security in Turkey’s Libya policy

This article seeks to explain Turkey’s critical engagement in the partially internationalised conflict in Libya by relying on a discourse analysis of Turkish political elites. Drawing on thematic discourse analysis, the authors argue that these elites utilise, in the way in which they communicate to the external audience (the international community), a discourse of legitimacy by which they lend political support for the UN-recognised government, and declare the General Khalifa Haftar-led forces, its opponents, as illegitimate. Secondly, Turkish foreign policy elites express their commitment to preserving national security interests in the Mediterranean, thereby justifying Turkish involvement in the conflict via a security-laden discourse addressed to the internal audience (the local constituents). Legal disputes, regarding the delimitation of maritime boundaries has served as the basis for Turkey’s rapprochement with the Government of the National Accord (GNA), led by Fayez al-Sarraj, and its staunch opposition to the Libyan National Army (LNA), commanded by Haftar since the web of intricate relations in the region relevant to such disputes requires the conclusion of bilateral agreements between the governments.

Features of Argentina's diplomatic activity in the XIX – XXI centuries (based on the materials of the Digital Library of Treaties of the Ministry of Foreign Affairs of Argentina)

The object of the study is the foreign policy of Argentina. The subject of the study is the diplomatic activity of Buenos Aires, expressed in the conclusion of bilateral agreements. The purpose of the article is to build a picture of the development of Argentina's foreign policy based on a quantitative analysis of more than eight thousand documents contained in the Digital Library of Treaties (Biblioteca Digital de Tratados) on the web portal of the Ministry of Foreign Affairs of Argentina. The author examines in detail such aspects of the topic as the general dynamics of Argentine diplomatic activity and the change of priorities in contacts with individual states and regions. Special attention is paid to the comparative dynamics of Argentina's relations with the United States, Russia, China and leading European countries in the period from 1983 to the present. The scientific novelty lies in the fact that the study of this array of documents in their entirety has not yet been conducted by domestic scientists. The article uses general scientific methods of cognition, as well as statistical analysis. The aforementioned library of treaties was used as sources, as well as the works of Argentine and domestic researchers devoted to various aspects of the subject under consideration. As a result of statistical analysis of the collection of treaties, the peculiarities of Argentina's diplomatic activity at different stages of the evolution of its foreign policy were revealed, presented in the form of diagrams and graphs. The main conclusions can be noted, firstly, a sharp increase in diplomatic activity in general and especially outside the region in the period after 1946; a tendency to increase the importance of Russia, China and Asian countries in the period after 1983; while maintaining the priority of relations with European countries under all presidents except K. Fernandez.

OECD National Contact Points as the effective means for human rights protection from the activities of transnational corporations

This article is dedicated to the analysis of extrajudicial mechanisms of consideration of complaints – OECD National Contact Points. The object of this research is the activity of OECD National Contact Points, while the subject of is the dispute resolution procedure therein. The goal of this research consist in carrying out efficiency assessment of OECD National Contact Points as legal remedy for the persons suffered from the activity of transnational corporations. The work consists of the three parts. The first part provides brief description of the activity of transnational corporations and the concept of corporate liability for violation of human rights. The second part is dedicated to the analysis of dispute resolution procedure within the National Contact Points. The third part analyzes the effectiveness of National Contact Points as legal remedy. The author comes to the following conclusions and recommendations: due to the differences in the structure, financing, and human resources, National Contact Points of certain countries appear to be more effective than of the others. The effectiveness largely depends on the level of economic development of the OECD member-state, financing, and competences of mediators. Therefore, the National Contact Points of the developed countries represent the effective legal remedy, while in the developing countries, the parties suffered from entrepreneurial activity face barriers that impede exercising their right to effective legal remedy. The set of organizational and legal measures cans serve as the solution to the existing problems. Namely, the conclusion of bilateral agreements between the developed and developing countries on rendering legal aid and exchange of mediators is essential. The author also recommends establishing corporate liability on the domestic levee in form of fines and other sanctions for refusal of transnational corporation to comply with the decision of the National Contact Points. The provision with recommendation on consolidation of such liability should be introduced into OECD Guidelines for Multinational Enterprises.

Перспективы углубления торговой интеграции между участниками ЕАЭС и странами АТР

Against the background of negotiations crisis within the World Trade Organization framework, as well as increasing competition in the world markets, an important element of the state's economic policy is the integration component. The Russian Federation has chosen the deepening of integration interactions within the Eurasian Economic Union (EAEU) as a priority direction in this area. To improve the efficiency of trade integration, it is necessary to increase the total market size. Since the EAEU market has not yet reached the indicators of the other large integration associations (the European Union, etc.), the Union’s members need to conclude agreements with the third countries. The most interesting option in this regard is the rapidly developing Asia-Pacific region (APR). On the basis of results of the free trade agreement between the EAEU and Vietnam the article discusses the integration prospects of the Eurasian block and the Asia-Pacific countries. There are two scenarios: the conclusion of bilateral agreements with the individual regional states and negotiations with the regional integration associations. It was concluded that it is advisable to deepen the integration processes with the main trading partners in the Asia-Pacific region separately, or to conclude a general agreement with the Regional Comprehensive Economic Partnership (RCEP), whose members are almost all the most important states for EAEU (in trade terms) in the region. However, in order to become a full-fledged participant in the negotiations, it is first necessary to sign such an agreement with the ASEAN countries. The results can be used in the economic model development of Russia's integration into the world system and in assessing the prospects for implementation of the national integration strategy.

The Conclusion of Bilateral Agreements and Technical Arrangements for the Management of Migration Flows: An Overview of the Italian Practice

The Conclusion of Bilateral Agreements and Technical Arrangements for the Management of Migration Flows: An Overview of the Italian Practice

The Role of European Personalities in Building Cooperation in the Field of Education

The present research aims to analyze the importance of the efforts made by different personalities, starting with the second half of the twentieth century, in order to broaden the exchange of ideas and best practices in the field of vocational education and training. The great personalities played an essential role in building and relaunching a Europe of nations, but also a Community Europe. These visionaries, with significant functions at the level of their country, but also at European level, have contributed to the configuration of common directions of action regarding education. The Parents of Europe, Jean Monnet and Robert Schuman laid the foundations for economic cooperation at European level between states in the 1950s. Continuing the political construction of the community edifice was the mission of European leaders Franis Mitterand and Helmuth Kohl. The two protagonists are also due to the beginnings of the collaboration on education through the conclusion of bilateral agreements. The leaders understood that a political union between states would not be possible without achieving a cultural, linguistic, or educational union. Jacques Delors was President of the Commission of the European Communities between 1985 and 1995 and President of the International Commission for Education for the 21st century. In this capacity, he demonstrated that educational policies should aim to build a world based on mutual support. Any project of international cooperation must be based on common values and a common destiny. The European Commission through the Directorate General for Education, Culture was able to initiate educational programs that were approved by the Member States and subsequently ensured the mobility of pupils, students and qualified teachers from across the Union. Actions and steps taken over time by different personalities have demonstrated that in a global world, education is the key factor, and lifelong learning, supplemented by new programs and actions in the field of education, training and youth play an overwhelming role in building a Europe of citizens.

Nieprawidłowość w życiu małżeńskim mieszkańców ekonomii samborskiej w pierwszej połowie XVII wieku (na podstawie wpisów do księgi zamkowej z lat 1614-1632)

Incorrectness of married life of residents of Sambir economy in the first half of the XVII century (on the strength of registrations in the castle book 1614-1632)
 Registrations in the castle book of Sambir economy 1614-1632 contain items of information about some aspects of home and private life of its citizens. The analysis of these notes gives us the opportunity to speak about the place of family status in the minds of representatives of country folk in that time. Marriage was treated both as one of the key conditions of honesty of a person, ensuring his/her proper social status and as confirmation of readiness to live his/her own adult life. Troubles in family life were reflected in the notations in the castle book on the whole. Showing the breaches of standards of married life, such cases represent the samples of matrimonial relations. Conclusion of bilateral agreements before marriage preceded the formation of married couples. Failure to comply with these agreements led to conflicts. There were several ways of creating the new married couple: due to young people’s free will, under parents’ compulsion, by stealing the chosen person without permission or under the influence of public blame. The personal life of the members of the rural community was put under control this way. Life together without marriage was taken as breaking the rules of the system of moral ethical values in that period. The absence of family harmony and mutual understanding caused arguments between the married couples. Determination of such arguments fell within the jurisdiction of both the church and secular judicial institutions. Dissatisfaction with the relationships between matrimonial partners became the reasons of adultery, unwarranted leaving the families and even murders. Women’s faults often became the motives to be marriages on the verge of break-up or caused the official divorces. Adulterate relations proved due to practising inquisition and rumours about existence of these relations influenced the reputation of the residents of economy. That’s why saving one’s good name actively gave the beginning for judicial proceedings.

EU trade policy in the age of bilateralism

Together with a strong emphasis on deep integration, the main thrust of the EU’s new trade strategy as announced in October 2006 is competitive regionalism, i.e. the competition between different jurisdictions which seek strategic advantages for themselves through the conclusion of bilateral agreements with priority trading partners. This article outlines the new trade strategy in the light of the changes caused by the Lisbon Treaty. It then presents a detailed positioning of the EU in the geography of international trade policy.

Migrations from Yugoslavia to Germany: Migrants, emigrants, refugees and asylum-seekers

Migrations from Yugoslavia to Germany have a long tradition. There have been various economic and social causes, and in some periods even political ones for that phenomenon. Taking into consideration the historical aspect and also the contemporary migration flows, the dynamics of migrations of the Yugoslav population to Germany has the following stages in its development. The first stage had begun in late XIX century and ended with the World War I. Although the overseas migration flows prevailed, yet the German agriculture and its mine industry attracted a part of the Yugoslav population. Between the two world wars mostly "Westfahl Slovenes" and Croats and Serbs from Bosnia-Herzegovina got "temporary employed" in the Rhine-Westfahl industrial area, along with several thousand Serb-Croat-Slovene agricultural seasonal workers per year. The second stage began immediately after the Second World War when most of about 200,000 citizens from the former Yugoslavia, being mostly refugees, moved from the West European to overseas countries, but some of them stayed in Germany. Involuntary migrants and refugees, however, returned in great number from Germany to Yugoslavia. At that stage non-extradition of war criminals on the part of the West occupying powers on German territory, then disregard of West German Governments of the anti-Yugoslav activities of the part of extreme Yugoslav emigration, and different interpretation of the bilateral agreement on extradition, became the essential problem in relations between SFR Yugoslavia and FR Germany. The third stage in development of migrations commenced in early 1960s. At that time, Germany and other Western countries became prominently immigrational, while since mid-1960s till 1973 economic emigrants from Yugoslavia became more and more important in the German economic space. From 1954 to 1967 migration of Yugoslav citizens had not yet been intensive and their intention was mostly to work abroad. Illegal employment was, however, prominent at that time. Due to the normalisation of political relations, re-establishment of diplomatic relations and conclusion of bilateral agreements that legally defined employment of foreign workers, since 1968 till 1973 a great number of Yugoslavs got employed in FR Germany. The contemporary migrations from FR Yugoslavia to Germany resulted from the economic and political crisis in the former SFRY as well as from the civil wars that were waged in the Yugoslav territory. FR Germany became the most important destination country of Yugoslav migrants - workers, refugees, false asylum-seekers and political emigrants. Different categories of migrants from Yugoslavia to Germany enjoy the treatment that is in accordance with the immigration policies of the German governments as well as with the degree of development of the German-Yugoslav political and economic relations, and the degree of the established co-operation in the field of legal assistance and social welfare. Migrant workers, who have legally regulated their employment and residence status, could in the future expect to gain assistance from their mother country in getting efficient protection of their rights and interests in all stages of the migration process. Numerous migrants asylum-seekers, in spite of the proclaimed international protection, share, however, the fate resulting from the politically motivated measures and actions taken by the German authorities within the arbitrary decision-making of the right and/or abuse of the right to asylum. This is the reason why as early as in late 1994 the Government of FRG announced that it would expel foreigners from the country. The remaining refugees, or actually the so-called false asylum-seekers in FR Germany, share the fate of forced repatriation. Within this category special emphasis should be placed on the attitude of the German government to the Albanians and Roma from Kosovo. At first, the Germans treated the Albanians from Kosovo as politically persecuted persons, offering them refuge. Then they declared them (and Roma also) to be false asylum-seekers and insisted on readmission - their gradual repatriation to Kosovo. Considering both positive and negative implications of the migration process, the key issue for the citizens from Serbia and Montenegro who live in Germany remains the following: maintenance of their national identity, cherishing of their mother tongue and culture, keeping up relations with their mother country, social gathering - in various associations, clubs and organisations, education in their mother tongue, what particularly includes comprehensive additional teaching for children in Serbian, as well as better information dissemination.

Central Treaty Organization

The seventh session of the Ministerial Council of the Central Treaty Organization (CENTO), formerly known as the Baghdad Pact, was held in Washington, D. C., October 7–9, 1959. In its communiqué issued following the meeting, the Council welcomed the conclusion of bilateral agreements between the United States and the regional members, Iran, Pakistan, and Turkey, noting with gratification the determination of die United States to assist the signatory nations to maintain their security and independence, while simultaneously contributing to die enhancement of their economic potential. The statement emphasized that CENTO existed solely for defensive purposes, that it threatened no one, and that it sincerely desired to have close and friendly relations with all other states, particularly with the neighboring states in the region.

European Communities

Meeting from September 22 to 25, 1959, the European Parliamentary Assembly discussed the principles and problems involved in the establishment of a multilateral European trading association. Opening the debate, Mr. M. P. A. Blaisse (Dutch Popular Catholic) stated that experience had shown that the common market could be considered the driving force of European economic integration. Although at present involving only a part of Europe, it could expand and develop in several ways—by the accession of new members, by the creation of a multilateral association, or by the conclusion of bilateral agreements. Whatever the form of its evolution, the obligations undertaken by member states within the framework of the General Agreement on Tariffs and Trade (GATT) could not be ignored; similarly, it was imperative to take into account the interests of the United States and Canada. Thus he suggested that special agreements could be concluded with these two countries, to minimize the effects of trade discrimination, along with continued negotiations with members of the European Free Trade Association (EFTA). He warned against compromise on the final aim, namely, the establishment of a multilateral association. The President of the European Economic Commission, Mr. W. Hallstein, thereupon presented the Commission's recommendations for a trade program on which the six nations could agree. He stated that such a program had to be pragmatic and realistic, and fulfill several conditions: improvement of economic conditions of the nations both inside and outside the European Economic Community (EEC), taking into account Europe's relations with the rest of the world, in particular with the United States; strengthening of the feelings of solidarity between the Community and all those affected by its external commercial policy; and general improvement of trade relations. He urged that care be taken to avoid giving the impression that EEC practiced a policy of discrimination and asked therefore that every effort be made to prove that its aim was the liberalization of trade throughout the world. Specifically, after the next GATT conference, EEC should, in his opinion, forthwith give its agreement to further tariff reductions and, in addition, promote the granting of aid to underdeveloped countries. At the European level, he proposed the creation of a “contact committee, comprised of representatives of the Community and other countries or groups to study the question of the development of external commercial relations. Mr. Hallstein concluded by pointing out that the proposals of his Commission were neither complete nor final. The speakers that followed agreed, on the whole, with the above-mentioned suggestions, but no resolution was adopted and it was decided to re-examine the whole matter at future sessions.

Castanié v. Hurtato.

470Application of International Labour Conventions — Geneva Convention of June 10, 1925, on Workmen’s Compensation for Accidents — Reciprocity — Operation of Treaties — Question of — Necessity for Conclusion of Bilateral Agreements.

Cie. Hayco et Syndicat Gènèral de Garantie v. Castillon

Application of International Labour Conventions — Geneva Convention of June 10, 1925, on Workmen’s Compensation for Accidents — Question of Necessity for Conclusion of Bilateral Agreements.

Diaz v. Cies. d’Assurances l’Urbaine et la Seine.

468Application of International Labour Conventions — Geneva Convention of June 10, 1925, on Workmen’s Compensation for Accidents — Operation of Treaties — Reciprocity — Question of Necessity for Conclusion of Bilateral Agreements.