Implementation Of International Norms Research Articles

ОСОБЛИВОСТІ ГАРАНТІЙ РЕАЛІЗАЦІЇ ЕКОЛОГІЧНИХ ПРАВ ТА СВОБОД ЛЮДИНИ Й ГРОМАДЯНИНА В УКРАЇНІ: ПИТАННЯ ТЕОРІЇ

Numerous ideological dogmas and "propaganda struggles" over human rights, which took place for decades, did not make it possible to realistically comprehend and solve the problems of individual rights in Soviet society in full, according to a certain level of progress,say in the European Union. Such dogmas include the assertion that only socialism is able to fully guarantee human rights, that the main socio-economic rights for man and his freedom. Thus, freely or not, political and personal, spiritual and human rights, and even more so, environmental ones were underestimated. Unfortunately, this view reflected the actual practice in the former USSR and other former socialist countries. In the field of political, spiritual and personal rights and freedoms, there were quite a few forbidden topics, and environmental ones were not singled out at all. At the same time, competent jurists, both during the years of stagnation and during the so-called perestroika, consistently developed and defended the idea of human and civil rights. The article considers the problem of realization of human and civil rights and freedoms and guarantees of observance of international standards of ecological human rights in the national legislation. Emphasis is placed on the implementation of international norms in the field of human rights and freedoms in the practice of national legislation. It is proposed to supplement the current legislation with the right of citizens and their associations to control the bodies of state power and local self-government in the environmental sphere. It is concluded that problems with the realization of environmental rights and freedomsin Ukraine, unfortunately, exist. The level of theirimplementation islow, therefore, it can be stated that the level of efficiency is also low. In addition, it should be noted that citizens' awareness of the full range of their environmental rights and freedoms, which are enshrined in the Constitution of Ukraine, and their continued application, will lead to their implementation at the appropriate democratic and legal level.

The Study of Waves Energy Capture of a Conversion Process with Floating Bodies

Wave energy conversion technology has known a worldwide magnitude in the last decades due to the implementation of international norms of reducing of pollutant emissions owed by production of electricity. The paper intends to carry out a comparative analysis between mechanical and electrical analogy, for a more precisely determination of parameters that have a influence on oscillating system with floating bodies for waves energy capture.

Compliance and Conflict Management in the European Union: Nordic Exceptionalism

Why and to what extent do states differ in their implementation of international norms? Furthermore, why and to what extent do states differ in their mode of resolving conflicts regarding non‐implementation of international norms? In this article the empirical focus is on implementation of Community legislation by the member states of the European Union (EU) and the European Free Trade Association (EFTA). The analysis shows that over time there has been an overall reduction in the deficit in transposition, but the number of conflicts regarding non‐implementation has increased in the same period. While states converge on transposition, they diverge regarding their mode of handling conflicts related to non‐implementation. In general, the larger member states more frequently use court rulings to settle such conflicts. By contrast, the smaller states, and in particular the Nordic states, pursue a more consensus‐seeking approach, with limited use of courts. These observations indicate that domestic traditions and styles of decision making are more important for explaining variation than the enforcement capacity of the European institutions, and the extent of participation and power in decision making at the European level.

China’s International Socialization: The Role of International Organizations

The many questions surrounding China's entry into World Trade Organization (WTO) and its potential compliance with WTO rules direct scholarly attention toward record of its compliance with norms, rules, and treaties of other international organizations and role of these bodies over past three decades in facilitating China's international socialization. Managerial theorists like Abram and Antonia Chayes contend that international organizations contribute significantly to socialization of participating states. International organizations and their treaties not only ensure transparency, cut transaction costs, build capacity, and enhance dispute settlement, but also, through a process of jawboning, persuade states parties to explore, redefine and sometimes discover their own, and mutual, interests. (1) They subject states to a process of interaction and mutual pressure for consensus that helps regulate their conduct. Particularly in less political and more publicly discreet and les s political forums, international organizational participation may blunt sharp edges of nationalistic stances. In this sense, international organizations may be understood broadly as institutional representations of interdependence, constituting a collective organizing response to a multiplicity of 'traffic' control problems in a world of contradictory trends. (2) Moreover, they bring to bear a wide range of pressures that may appeal as much to a state's short-term interests as to its ideals. (3) International organizations also represent a challenge to state, at once confirming sovereignty and constraining it. Management of challenge of participation is thus a highly complex matter. For each state it is a question of steering between benefits for sovereignty that membership in international organizations and regimes entails and potential threat to sovereignty that it implies. (4) For these reasons, when scholars seek a benchmark of China's international socialization in post-Cold War era, nothing could be more appropriate than to look to nature of its participation in international organizations and their rules and treaties. The crucial question is whether such participation, while promoting China's interests and status, has also inculcated in it a corresponding sense of accountability, reflecting respect for norms of international community and an awareness of interdependence. International socialization has been defined as the process that is directed toward a state's internalization of constitutive beliefs and practices institutionalized in its international environment. (5) In other words, socialization is not only a process but also an outcome. As a process, it may be assessed by comparing China's instrumental purposes and motivations in participating in international organizations against its practical readiness over time to make concessions and accept costs as a result of organizational participation. As an outcome, it may be evaluated on basis of China's international behavior and extent of its implementation of international norms in domestic legislation and social practice. Also relevant are questions of consistency and uniqueness. To what extent does China's participation reflect a linear development and learning process, and how is China different in its participation from other states? In this article, I briefly outline China's attitude to international organizations and its reasons for joining them. I then discuss evidence of socialization in its participation and practice and assess whether international organizations have influenced China to accept requirements of cooperation, respect for international rules, and accountability in today's globalized world. China's Approach to International Organizations The importance of international organizations in China's foreign relations cannot be overestimated. …

The influence of Globalization on National Administrative Law: International Legal discourse

The present article provides the analyses of the influence of globalization on national administrative law. It is noted that the modern era of civilizational development is an era of globalization, encompassing the dynamic development of international integration processes in all directions of human life, particular, in the public sphere, which is regulated by the rules of administrative law through the prism of the values of the rule of law. In order to resolve the issues of realization and protection of human rights in the public sphere (in the global dimension) the concept of Global Administrative Law emerged. This concept encompasses the combination of legal rules, principles and institutional rules applicable to the process of public administration, which is carried out in ways that apply not only to domestic law but also to the structure of political power; administration takes place within the global administrative space, causing a blurring of national and international, public and private dimensions. The author has emphasized that globalization place new demands on the system of functioning of national public administration systems, which should become an effective tool in solving complex intercultural contradictions, especially those arising in the process of harmonization of the mechanisms of joint functioning of national states in the world, and therefore harmonization of relations between the states and establishment of effective forms of cooperation, which to a certain extent can contribute to ensuring openness and transparency of the sphere of international relations. This process not only contributes to the emergence of global administrative law, but also creates a broad, universal recognition of the principles and concepts that global administrative law requires. It is concluded that the implementation of international norms, standards, procedures that operate on a global scale will help Ukraine to gradually build a European, sovereign, independent, democratic, social, legal state, whose main responsibility is to promote and protect human rights and freedoms, where a individual, his or her life and health, honor and dignity, integrity and security will be recognized as the highest social value as an effective mechanism of human-centered concept.