Cooperation In Matters Research Articles

Individual Approaches to the Philosophical Interpretation of Successful Settlements, Their Evaluation

Settlements are complex systems that operate on the basis of many dimensions and aspects and the active participation of local communities, settlement leaders and residents is essential for successful development and ensuring a sustainable futureinfluencing the identity, power relations and community relations of the people living there. The task of local organizations is to help building the community and the support of local initiatives. Public services and infrastructure support the operation ofsettlements and the quality of life of the population, while economic segments such as retail trade, industry and tourism have their highlighted importance in terms of economic development. Settlements are multifaceted entities that are defined not onlyby residences, but also by community life, the economy, the environment and local institutions. Cities are centers of economic activity, where jobs are created, businesses operate and develop. The settlement philosophy can help to create economic structures that are diversified, resistant to crises and support local economic growth. So the importance of the ideas of settlement philosophy and their necessary exmination related to the fact that settlements are the scene of human life, such areas that are environmentally sustainable, socially just and economically prosperous. The leaders of the settlement, residents and local organizations must conduct an open dialogue and strive for cooperation in matters affecting the settlement, thereby ensuring the pursuit of sustainable economic, social and environmental development. The principles of transparency, responsibility, equality and integrity must be respected by all involved participants, but ethical thinking and value-oriented decisions can help the development of settlements and promoting the well-being of the community.

Jurysdykcja krajowa i prawo właściwe na tle konwencji haskiej o ochronie dorosłych z 2000 r. oraz projektu uzupełniającego rozporządzenia unijnego z 2023 r.

The subject of the considerations are drafts of: the EU regulation on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults, as well as the decision to authorize EU Member States to accede to the 2000 Hague Convention on the protection of adults concerning cross-border personal and care matters. The documents dated May 31, 2023 refer not only to the legal status of a person (e.g. partial incapacitation, guardianship, assistance in performing legal actions or functionally similar institutions under foreign law), but also the effects on civil law contracts with third parties (including rights and obligations within legal transactions). Detailed comments are presented about “measures of protection” for adults in legal transactions with foreign countries. The 2000 Hague Convention raises reflections on current trends in the sources of international civil procedure and private international law. They include, among others, the planned co-existence of the Hague convention and the EU “Brussels” and “Rome” regulations. The attempt to increase the number of parties to the convention and the participation of EU Member States generally deserve a positive assessment, which also means the ratification of the 2000 Hague Convention by Poland. However, some doubts are cast by the intention for simultaneous modification through an EU regulation. The idea of a draft EU regulation of 2023, intended to supplement and modify an international agreement for the needs of a regional economic integration organization, could prima facie be assessed positively. However, a detailed look at the draft regulation of 2023 leads to the conclusion that it should be corrected, as it partly contains provisions that are both desirable for judicial cooperation between Member States and solutions that are unnecessary or questionable. In particular, the proposed solution allowing for an unlimited choice of jurisdiction may raise doubts. It is not intended — as is typically the case in personal civil matters — that a jurisdiction can be chosen from among states that are in some way related to the adult’s current or future situation (e.g. by citizenship, location of assets, past or future residence, circumstances relating to the guardian or curator). Thus, a country (and law) may be chosen that are completely unrelated to the actual situation. Additionally, the proposed Articles 6—7 are not compatible with the conventional catalog of circumstances that determine the transfer of jurisdiction, nor with the conflict of law rules (Article 15), which provide for the choice of the applicable law in a narrower range of situations (citizenship, previous habitual residence, location of property). Under the proposed EU regulation the indirect possibility of choice of foreign law is possible through the choice of foreign jurisdiction. This makes it possible to achieve a substantive legal effect by the adult “selecting” the substantive law that he or she deems desirable at the time of choice, thus completely departing from the remaining provisions of the Convention and the Regulation in terms of jurisdiction and applicable law. There is no limitation to such an indirect choice from the perspective of the interests of third parties with whom the adult has personal or property relations. Moreover, such a solution may mean, in practice, a departure from the basic substantive legal principles of the country in which a given adult lives (habitually resides) or is a citizen, in favor of accepting the consequences resulting from a distant fact (i.e. unrelated to the actual situation) and legally (i.e. providing for axiologically different solutions concerning the broad category of ‘measures of protection’) of given law and state. Taking into account the variants of legislative action described in the impact assessment report (document 10108/23ADD), it would be worth postulating a change to the proposed method of legislative action. It seems more rational to temporally distinguish the two planned activities (projects) under option 4. First, take steps to join the 2000 Hague Convention and gather several years of experience in its operation, also between Member States. And then, in the longer term, taking into account the experience of applying the convention on the territory of the EU, consider supplementing or modifying intra-EU judicial cooperation in these matters. The longer experience of applying the 2000 Hague Convention can — firstly — verify the thesis about the need to improve its functioning, and secondly — determine precisely in which areas it would be desirable for the welfare of adults and their guardians in cross-border cases.

States Cooperation in Arresting Senior State Officials and Sitting Heads of State under International Criminal Law: Quo Vadis ICC

Albeit the Rome Statute does not recognise the immunity of incumbent presidents before the International Criminal Court (ICC), prosecuting sitting presidents of non-parties states has become a debacle. Accordingly, despite the decisions of the Supreme Court of Appeal of South Africa and the Pre-Trial Chamber II of the ICC against non-compliance of South Africa and Jordan respectively in the arrest of Al Bashir as the serving President of Sudan, Al Bashir has never been tried even now as a former president because no state is willing to arrest and surrender him. The main defence for not cooperating with the Court is that the serving president, especially of non-states parties still enjoys immunity recognised by customary international law. Accordingly, while Article 27 of the Rome Statute is not applicable to non-state parties as argued by these states, Article 98 is applicable even though these arguments have been categorically rebutted by the Court. Consequently, since the Al Bashir case remains a prototype for state cooperation and the prosecution of serving heads of state before the ICC, this might become the fate of Vladimir Putin as serving head of state of the Russian Federation. This article used qualitative research methods and argues that without state cooperation in matters of arrest and surrender of sitting heads of state and other senior state officials to the ICC, the court’s effort to realise justice for crimes against humanity will remain largely unsuccessful under international criminal law. Keywords: State cooperation, Putin’s arrest warrant, Al Bashir case, International Criminal Court, non-state parties to the Rome Statute.

The Travails of Prosecuting Serving Heads of State before the ICC: The Case of Omar Al Bashir and Vladimir Putin

Even though the International Criminal Court (ICC) is more than two decades after the Rome Statute was ratified by state parties, prosecuting serving heads of state before its jurisdiction has been a nightmare, albeit the Court does not recognise immunities before its jurisdiction. Accordingly, waiving the personal immunity of serving heads of state has been one of the greatest contentions before the Court as seen in the Al Bashir case. While cooperation in matters of arrest and surrender to the Court remains another major concern, the fact that the treaty creating the Rome Statute is primarily binding only on state parties is another obstacle, since consent is required from non-state parties before any prosecution. This article argues that prosecuting President Putin will result in a debacle just like his counterpart Al Bashir given that the issue of immunities and cooperation is still a major concern. Unfortunately, until all states become parties to the Rome Statute, this issue of state cooperation with the Court is still far from over. Consequently, all states are urged to become party to the Rome Statute to minimise the travails of prosecuting serving heads- of-state. Keywords: Rome Statute, immunities, cooperation in matters of arrest and surrender, serving heads of state, Vladimir Putin, Omar Al Bashir.

The Declining Significance of Interpol: Policing International Terrorism After 9/11

This paper discusses the current policies and strategies developed by Interpol to organize international police cooperation in matters of terrorism. While the role of police in international counterterrorism cannot be denied and can only be assumed to be more important today than ever before, evidence shows that Interpol has in recent years no longer placed a premium on terrorism among its objectives. Relying on the bureaucratization perspective of policing, Interpol’s relative decline in attention to terrorism is argued to have been brought about by factors both external and internal to the organization. Externally, the police of many nations, especially those with well-developed law enforcement organizations, prefer to work unilaterally or on the basis of smaller, temporary forms of international collaboration. Internally, moreover, Interpol has grown considerably in terms of membership but in a manner that might threaten its central objective to fight international crime by efficient means of cooperation. Related problems involve abuse of Interpol’s notice system as well as political and legal problems concerning the organization's leadership. As a result, among the most striking aspects of Interpol's development in recent years has been a relative but distinct decline in its once central focus on terrorism.

Examining Institutional Arrangements toward Coordinated Regional Ocean Governance and Blue Economy Policy Development in the Caribbean Community (CARICOM)

Members of the Caribbean Community (CARICOM) exhibit strong economic, social and cultural connection with and dependence on the marine and coastal environment. Efforts to encourage the sustainable use and protection of the ocean and its resources should therefore be an area of interest and competence for the regional group which seeks to engender cooperation in matters of economic and social development. This paper examines the regionally relevant institutional arrangements that frame and execute ocean development and governance within CARICOM. It finds that while some important sectors, such as fisheries and tourism, have specific organizations established geared toward regional coordination in management of those activities, others, including offshore oil and gas, marine scientific research, and port and shipping development, lack similar arrangements. Additionally, the CARICOM group lags in adopting a holistic, ecosystem approach to ocean management with siloed approaches dominating and few formal mechanisms for intersectoral coordination existing. This paper advocates for and proposes means toward increased integration at a regional level for the management and continued governance of the marine space, its associated resources and activities. It also seeks to encourage the participatory development of a regional blue economy policy framework and strategy which would outline, among other things, CARICOM’s ocean vision and development priorities.

RUSSIAN AND NORTHERN EUROPEAN COUNTRIES COOPERATION IN DEVELOPING ARCTIC TOURISM

The Arctic as a territory of strategic presence is in the field of close attention of many players in the geopolitical and international economic arena. The Arctic tourism development over the past 15 years is due not only to the influence of business, social and cultural factors, as well as the growing interest of consumers to get a unique experience of travel to northern tourism destinations but is also associated with the development of global economic processes and diplomatic relations, which determine successful bilateral cooperation in interdepartmental and intergovernmental level. Multilateral cooperation and the implementation of jointly adopted tourism development programs within the framework of the activities of international organizations are also of great importance. With the restrictions on international and domestic travel in two recent years, the global tourism market entered a crisis state, which affected the dynamics of tourist arrivals in the Arctic and slowed down this development. The author, drawing attention to the current bilateral and intergovernmental agreements on cooperation in tourism between Russia and the Nordic countries and the Plan of significant events in connection with Russia's chairmanship in the Arctic Council in 2021–2023 proposes to support a peaceful and friendly policy of good-neighbourliness and cooperation in matters of sustainable tourism development in the Arctic, despite the claims of the European Union for interference in Arctic affairs, which were reflected in the European Commission's Joint Communication dated October 13, 2021.

Localwasbest: sourcing tree seed for future climates

As climate change accelerates, foresters are looking to ever warmer climates to secure sources of climatically adapted tree seed with which to establish healthy and productive plantations. However, as seed procurement areas approach jurisdictional boundaries (states, provinces, nations), across which seed and seed transfer systems are not typically shared, innovative approaches are required to identify those plantation areas for which suitable domestic provenances will be lacking, as well as areas in neighbouring jurisdictions with matching warmer, future climates that could fill domestic seed supply gaps. We describe a straightforward, climate envelope approach to locate these areas, using British Columbia (BC), Canada, and the Pacific Northwest (PNW), USA, to illustrate the analysis. We find that 21% of BC’s ecosystems (seed zones) will be at moderate or high risk of lacking adapted domestic provenances for plantation establishment by 2040. Importantly, however, we find large areas in the PNW that should be able to fill most of BC’s domestic seed supply gaps. Spatial analyses of this type will inform seed suppliers, managers, and policymakers where alternative seed procurement arrangements are needed and underscore the operational and policy barriers to acquiring seed from warmer jurisdictions. More broadly, they also highlight the need for interjurisdictional cooperation in matters pertaining to resource management.

Price in the system of market characteristics of fruit and berry products

Kolokolchykova I.V. PRICE IN THE SYSTEM OF MARKET CHARACTERISTICS OF FRUIT AND BERRY PRODUCTS Purpose. The aim of the article is the analysis of the economic category “price” in the system of market characteristics of fruit and berry products in its theoretical and practical aspect. Methodology of research. The method of complex approach is used in the process of research of theoretical aspects of economic category “price”. Using the method of systematic analysis made it possible to identify the main groups of factors that influence the pricing of fruit and berry products. The monographic method has made it possible to detect changes in the price level for the products of the industry over the last 6 years in the context of each month. The method of comparisons is used in the process of analysing the impact of price and shaping factors, assessing the level of influence of constituents on the market products of the industry and finding ways to solve them in an effective way. Findings. It is established that, in theory, the price of production has a close relationship with labour theory and marginal utility theory; in practical terms, this category reflects the market levers of influence both on the market and on business entities. The factors influencing the price of fruit and berry products at micro and macro levels are systematized and grouped into blocks. The cyclicality of changes in the price level for fruits and berries during the year is revealed. The range of problems is outlined and a vector of action is identified with the aim of raising the price level and increasing the efficiency of the horticulture industry as a whole. Originality. The grouping of factors influencing price formation in the system of market characteristics of fruit and berry products is proposed. This approach makes it possible to assess the impact of each factor individually and to calculate the degree of risk in the directions, while at the same time looking for directions to reduce that impact. Practical value. The proposed research findings are useful and have practical value for fruit and berry producers. The ability to analyse the factors influencing the pricing and their expert evaluation will allow entrepreneurs to determine the direction of consolidation of actions in the market, will give impetus to the processes of cooperation in matters of storage, sale or processing of products. Analysis of the sale price during the year is a valid substantiation for the introduction of changes in the commodity policy of enterprises, namely the increase in the share of products of early and late varieties, which are always sold at the highest prices. Key words: demand; supply; price; pricing; fruit and berry market; market players; consumers.

Prospects and problems for European legal cooperation concerning prisoners

Formal legal cooperation in matters relating to prisoners has existed at European level for over 50 years. With the development of an European Union (EU) competence in criminal law from the Treaty of Maastricht 1992 onwards, now both the Council of Europe and the EU have adopted legal instruments in this sphere. This paper analsyses the scope and rationale of transnational European cooperation relating to prisoners. It first outlines Council of Europe instruments, including the relevance of the European Convention of Human Rights, conventions specifically on prisoners, and soft law. It then examines the more recent EU instruments, following which the relevance of constitutional principles and the prospects and potential difficulties of European cooperation are analysed. It concludes that cooperation can best succeed through a specification of minimum standards and greater coordination between Council of Europe and EU action, along with greater recognition of its specifically penal context.

The principle of equal rights

The present study aims to underline the need for a concrete and thorough reglementation concerning the present legislation which defends and guarantees the enforcement of the rights and liberties of humans. Nonetheless, we will try to find and present modern and effective solutions in order to meet the challenges of the society as a result of the globalization and constant evolution of the technological progress, which become, most of the times, challenges of the constitutional justice. As a result of the studies and scientific research, we came to the conclusion that this situation generates the necessity of a universalization of judicial standards, the cooperation in matters of good practice for conferring common solutions to the common problems of the modern world. Therefore, we cannot but observe that the Constitutional Doctrine clarifies the notion of equal rights, claiming that all Romanian citizens, no matter the nationality, race, ethnicity, mother tongue, religious beliefs, political views, social origin or financial power, benefit, in equal terms, of all rights and liberties stipulated by the Constitution or other legal acts and can actively participate in the political, economical, social or cultural life.

THE PUBLIC POLICY OF INFORMATION SOCIETY

The main objectives of the state policy in the field of information, which is the reason for the creation of appropriate conditions for achieving this goal were definited. In particular, coordination of the central executive authorities to address the problems of information, execution of functions of the general state of the customer National Informatization Program projects, the organization of international cooperation in matters of information and the like. The state policy of information covers the entire complex of relations that arise: in the creation, collection, storage, processing, storage, retrieval and dissemination of information; in the preparation and use of information and information resources; while ensuring the sovereignty of information, information security and information protection.

International Maintenance Law in Legal Relations between Switzerland and the EU

Three new instruments, which have only recently entered into force, have changed the field of international maintenance law: the 2007 Maintenance Convention (the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance), the 2007 Maintenance Protocol (Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations) and the EU Maintenance Regulation (Council Regulation [EC] No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ [2009] L 7/1; EU Maintenance Regulation). Whereas the EU is bound by all of these instruments, Switzerland has not ratified nor acceded to the Hague instruments yet, nor have the provisions of the EU Maintenance Regulation been extended by means of a parallel instrument to cover Switzerland. This new legal situation raises questions regarding the applicability of these instruments in cross-border cases involving Switzerland and the EU. The key issue discussed in this essay is the question of jurisdiction in cross-border cases involving Switzerland and the EU Member States, and in particular how to disentangle the scope of the 2007 Lugano Convention from the scope of the EU Maintenance Regulation. As none of these instruments regulates its applicability explicitly, the answer to this question has to be found by interpreting the relevant provisions. The authors conclude that whenever there are proceedings pending before a Swiss court, the 2007 Lugano Convention applies, whereas the courts of an EU Member State have to assume jurisdiction exclusively according to the EU Maintenance Regulation. As a result, different provisions apply, which leads to a conflict of jurisdiction regarding choice of court agreements. If jurisdiction has been assumed by a court of an EU Member State, the applicable law is determined by the 2007 Maintenance Protocol, whereas in Switzerland, the 1973 Hague Maintenance Convention (the Hague Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations) applies. Again, the different provisions enable forum shopping, with undesirable consequences.

Maritime Boundary Delimitation and Sino-Vietnamese Cooperation in the Gulf of Tonkin (1994-2016)

Since the rapprochement between China and Vietnam in 1991, Beijing and Hanoi have always sought to compartmentalise their territorial disputes. As a result, the upsurge of tensions in the South China Sea since 2011 has only affected their bilateral partnership to a limited extent, as the two countries continue to observe the Gulf of Tonkin agreements that were signed in December 2000, establishing their first maritime border in the waters of the Gulf as well as cooperation in matters of fishing, hydrocarbon exploration, and maritime security. This article intends to take stock of the first 16 years of Sino-Vietnamese cooperation in the Gulf of Tonkin, before exploring the potential progress that could represent the current negotiations between the two states regarding the delimitation of the “mouth” of the Gulf, located off the Paracel Islands.

The Concept of Cross-Border Development on the Example of Euroregions in Poland

The paper presents the issue of cross-border cooperation on the example of the functioning of euroregions in Poland. This issue was taken up in connection with the vital importance of international cooperation and euroregional cooperation for local and regional development. Euroregions, which cover almost the entire Polish border area, offer extensive opportunities connected with regional and local development, and foster the development of cooperation in matters of great importance for local and regional communities. Cooperation under the initiative of regional and local communities will decide in future not only about the shape of cross-border cooperation, but also about relations between states, in the united Europe of the 21st century.

EU police and judicial cooperation before the Treaty of Lisbon: strengthening of the weakest link?

Three key questions arise from the encroachment of the European Union (EU) on national prerogatives in the administration of justice: What factors contribute to the weakest link collective action problem attending police and judicial cooperation within the EU? What were the substantive and institutional goals of the EU in this policy domain? What accounts for the rising level of police and judicial cooperation despite the persistence of barriers to cooperation and incentives to defect? This article first establishes the fundamental incentives and obstacles to cooperation in matters of transnational security threats in post-Westphalian Europe. It then proceeds to explore the evolution of police and judicial cooperation in Justice and Home Affairs between 1999 and 2009, to assess national contributions to police and judicial cooperation, and to consider the potential impact that the changes introduced by the Lisbon Treaty, Stockholm Programme and European Investigation Order. A final question is considered in the conclusion: Did the level and extent of police and judicial cooperation that emerged between 1999 and 2009 give rise to a community of practice that in turn fostered a nascent community of identity resilient enough to mitigate the weakest link technology of public goods production endemic to this policy domain?

La participación autonómica y local en redes de cooperación europea

Este artículo analiza la participación de las comunidades autónomas y entidades locales españolas en redes de cooperación con otros gobiernos sub-estatales europeos. El artículo analiza si estas redes constituyen una nueva forma de intervención de las CC.AA. y entidades locales en los asuntos comunitarios. La primera hipótesis del trabajo es que la participación de los gobiernos sub-estatales españoles en estas redes se explica por la búsqueda de medios de acción complementarios a los mecanismos de intervención más institucionalizada. En segundo lugar se sugiere que la motivación de los gobiernos sub-estatales españoles para participar en dichas redes es la de promover sus intereses mediante la cooperación con actores que comparten sus objetivos. El artículo emplea la metodología del análisis de red para estudiar en qué redes participan los actores españoles y emplea estos resultados para entender su motivación. El artículo concluye que los gobiernos sub-estatales españoles, sobre todo las CC.AA., participan intensamente en redes de cooperación en ámbitos de su competencia, lo cual constituye una estrategia de representación de intereses complementaria de la representación institucionalizada ante las instituciones comunitarias.

Die Formierung transnationaler Strafrechtsregime

The paper observes the emergence of an international order of criminal prosecution in Europe from the late 18th century, which was characterised by two ambiguous developments: nation-based criminal law systems on the one hand and an increasing demand for international, transborder co-operation in matters of criminal law and criminal justice on the other. For with increasing migration, economic transactions and political dissidents, new crimes and threats of order and security, which could not only be handled within the national criminal systems, evolved. Thus the main fields in which a new international order in criminal matters was developed over the course of the 19th century were extradition, asylum and mutual assistance, as shaped by international treaties, domestic national laws and by international legal discourses. Based on different national legal orders and traditions, nearly every country established slightly different legal regulations and instruments, though in the long run it was inevitably the establishment of rules and instruments of transborder co-operation and mutual assistance in criminal matters which would at last lead to an international – and fragile – order of criminal prosecution. In this regard the project that will be presented in the conference makes a wide-ranging topic for comparative legal history in the field of criminal as well as international law.

An Economist's Overview of the World Trade Organisation

The paper provides a brief overview of the new World Trade Organization, successor to the GATT as the arbiter of cooperation in matters of international trade policy.

Hans Urs Von Balthasars Christologie in Der Theodramatik

SummaryAlthough Balthasar strongly opposes the (secularizing) content of many modern theologies, his very method of theologizing moves within the orbit of a typically modern systematization. The methodological reductionism he blamed Karl Barth for in matters of Christology, makes its reappearance in his own treatment of the trinitarian kenosis. This is especially true to the extent that he makes himself dependent on the mystical visions of Adrienne von Speyr which all focus on the Son's godforsakenness in the act of redemption. In his Theodramatics Balthasar scrutinizes the conditions of possibility for the sin of the world to be taken away. The answer lies in a concatenation of divine acts of selfemptying or selfsacrificing, starting with the intradivine begetting of the Son, and procession of the Spirit — continuing with the calling forth of a creation (in which sin might emerge), up to the point of the Son's godforsakenness undergone and carried out on the level of his divine relationship with the Father. Redemption can never be cheap. It has to take place in the way of a humanly unimaginable ‘separation from God’ experienced from the side of the Son's ineradicable, grateful union with the source deity. Only this way, by anchoring godforsakenness in the heart of the trinitarian relations, can God be justified — justify himself — having ventured to create finite liberties that have become prone to evil. The article highlights Balthasar's theological transposition of modern Theodicy topics, such as logic of perfection, condition of possibility, and a theory of compensation (Leibniz). In this logic no room is left for a human cooperation in matters of salvation. The sole response from us, humans, can only consist in relentless thanksgiving mixed with feelings of awe. We are, in the first instance, spectators and not actors in the trinitarian drama.