Supranational System Research Articles

Governance for the implementation of the sustainable development goals in tourism: a 2050 horizon paper

Purpose This paper aims to discuss the capability of current governance models to achieve the sustainable development goals (SDGs) in the tourism sphere and propose a broad model of governance to support the SDGs agenda. Design/methodology/approach The paper reviews the existing literature and uses it as a basis for developing a model of governance. The proposed model is inspired by recent studies that discuss the implementation of the SDGs agenda in tourism and on Fennell’s (2019) framework for tourism ethics. Findings The study proposes a multi-level model of governance that espouses the need for a stronger supranational system that curtails the power of both governments and the private sector. It also emphasizes the need to identify hypernorms that delimit the capacity for action at the various levels and which are determined by accessing varied stakeholders’ views within this system at the international level. Originality/value This paper proposes a model of governance for the implementation of the SDGs as a foothold for future discussions. It highlights the main challenges that may be faced in the implementation of such a system and suggests several avenues for future research.

The artificial intelligence: Prospects for development and problems of humanization

The research explores the main problems associated with the development and implementation of artificial intelligence technologies in human activities, as well as with the humanization of these technologies. In a broad sense, artificial intelligence is a set of algorithms and software systems that can solve some problems the way a person would do and differ in that they are amenable to learning. An analysis of the problems of introducing artificial intelligence technologies makes it possible to substantiate the main levers of state policy aimed at the development and integrated use of digital intelligent systems. The success of the introduction and dissemination of artificial intelligence technologies largely depends on the effectiveness of state regulation of this sphere, both at the state and supranational levels. The development of machine learning systems must necessarily include an ethical aspect and some restrictions, otherwise the rapid development of intelligent machines can lead to the collapse of human civilization. To avoid such a development of events, it is necessary to create a supranational system for regulating artificial intelligence. Thus, the object of study of this article is the use of artificial intelligence systems in various fields of human activity. The authors use content analysis, systemic, adaptive and synergistic methods. In addition, the authors apply modern statistics, empirical generalization and grouping.

Features of protection of transboundary objects of the world natural heritage: Russian and foreign experience (part 1)

This work is the first part of the article, the subject of which is the practice of fulfillment by Benin, Niger and Burkina Faso of international obligations to protect the transboundary object of the world natural heritage of the "W-Arly-Panjari" Complex, as well as the practice of managing activities for the protection of such an object as Wadden Sea, located in the territories of Germany, Denmark and the Netherlands. The authors highlight the general problems of protecting world heritage sites in the framework of the implementation of the provisions of the Convention, as well as review and analyze the main activities for coordinating the actions of national authorities to preserve and maintain unique natural complexes, in particular, in terms of the implementation of management plans. The analysis of the experience of cooperation between the authorities of Benin, Niger and Burkina Faso with the authorities of the world heritage protection system in relation to the W-Arly-Panjari Complex, as well as Germany, Denmark and the Netherlands in relation to the Wadden Sea, leads to the conclusion that the interaction of national and international funds is effective protection of nature and the need to develop measures aimed at strengthening cooperation between states, including within the framework of the functioning of supranational systems and legal institutions in order to preserve transboundary natural heritage sites.

The role of the Cybersecurity Strategy of the Republic of Poland in ensuring cybersecurity

Cybersecurity belongs to the area of activity of state and supra-state actors, giving direction to national and international systems of law as components of national and supranational systems of political, economic, military cooperation, etc. Still, the state has a monopoly on the causality of lawmaking, which forms the basis of cyberspace use security activities. The state responds to national security needs by actively participating in the formation of the collective security order of the supranational level. The aim of this paper is to demonstrate the significance of the national Cybersecurity Strategy of the Republic of Poland for ensuring the safe use of cyberspace. The Strategy, while referring to the national order, is at the same time an implementation of supranational arrangements within the scopes adopted by the state authorities, which means that the Strategy is subjected to logical evaluation depending on the impact of cyber conditions or binding arrangements of the international environment. The text is based on two research methods: the doctrinal legal research method to analyse the applicable legal regulations governing the issues related to the strategic aspects of cybersecurity and the law theory method aimed at evaluating the strategic solutions in respect of security in cyberspace.

Cross-Border Document Service Procedures in the EU from the Perspective of Italian Practitioners—The Lessons Learnt and the Process of Digitalisation of the Procedure through e-CODEX

An effective legal framework for judicial cooperation in the field of the service of documents is a keystone for the effective functioning of the area of freedom, security and justice, as referred to in the Treaty on the EU. In particular, the proper service of a claim to the addressee is a necessary step for starting a proceeding and, simultaneously, an essential requirement for exercising the right of defence. The EU has adopted specific provisions to remodel the traditional channel of documents’ transmission with smoother solutions that assist cross-border judicial proceedings. Despite this, the European service procedure is not that straightforward and can still be very complex for most users, causing additional costs and legal uncertainty. Against this background, this article explores how the cross-border service of documents works in practice. It presents the findings resulting from empirical exploratory research carried out in Italy to assess the concrete use and usability of the European rules adopted to simplify, speed up and reduce the costs of cross-border service of judicial and extrajudicial documents in civil and commercial matters, also in the view to support a possible digitalisation of the procedure. Building on empirical data, the paper brings to light the existing hiatus between the service procedure ‘on the books’ and the reality of how the relevant provisions are applied daily, so as to provide solid ground for reflecting on the current situation and on the impact that the recast Regulation 2020/1784/EU, which took effect in July 2022, will have to the supranational system of cross-border service of documents, in particular concerning the potential of the use of ICT to support it.

Наднаціональне регулювання фінансового ринку: суперечності інституціоналізації

The article considers the current trends of strengthening supranational supervision as a result of global counter-crisis reform in the context of the shrinking unregulated space of operational activity of financial intermediaries and the implementation of the principles of global governance. The author characterizes the basic approaches of financial compliance, its goals, and implementation mechanisms in the global and national financial spaces. The legislative and normative basis for the implementation of financial compliance in the European financial and institutional coordinate system is systematized and the effectiveness of supranational financial control systems is determined. Features of supranational regulatory development are revealed. The ambivalence of financial compliance in terms of its implementation in the field of client-bank interaction is shown: against the background of banking dictates about clients, financial institutions themselves have the opportunity to overcome regulatory restrictions by more active use of shadow banking, offshore operations and more. There is a vision of quasi-institutionalization, or imaginary institutionalization, which manifests itself in the formal increase of supervisory procedures, the growth of regulatory mechanisms and the strengthening of general control, and at the same time in the actual avoidance by global financial structures from undesirable financial compliance. It is concluded that global trends of strengthening supervision close to hyperinstitutionalization at the local level lead to the emergence and expansion of non-institutional spaces that are not subject to classical regulation (shadow banking), or in which rules of operation are not available for adoption and use by ordinary entities (banking compliance).

Romantika Sistem Bernegara dalam Wacana Keislaman

Islam is par excellence in its position as a resource of reference for every field of life. Islam provides regulatory guidelines starting from the smallest social level to the broadest scale, namely the state. The state as the largest social community has a great responsibility because it deals with the affairs of a large society. The Islamic state system had become a public discourse in the late twentieth and early twentieth centuries. The bearers of the ideology of the Islamic state display their ideas by including figures as legitimacy, including Sayyid Qutb and al-Mawdudi. His arguments are accompanied by the interpretation of the Qur'anic version of the characters' interpretations. In state theory, there are two forms of state, republic and monarchy. While the state system there are four kinds, namely nomocracy, democracy, aristocracy and theocracy. For the bearers of the ideology of the Islamic state, it is said that the Islamic state system has its own characteristics and is independent which is not the same as the theory of the state in general. The Islamic state aspires to form a supranational state that binds all state barriers so that there is no longer a state in the form of a national state. This discourse has become an endless debate. Some figures say that the supranational system is a utopian concept. With this debate, the Islamic state system becomes an unfinished romantic discourse.

Возможные подходы к реализации технологических решений в едином электронном здравоохранении стран-участниц ЕАЭС

In the article, the authors analyze the technical possibility of forming a unified supranational system of electronic interaction in the field of healthcare of the EAEU member states. The authors identify individual and common problems, propose to use a decentralized approach (blockchain), as well as Ethereum distributed registry technologies in order to develop a technical solution for the exchange of medical information by the EAEU member countries.

Osnovni okviri saradnje država Evropske unije u oblasti civilne zaštite

In order to improve mutual cooperation in the civil protection area, the member states of the European Union (EU) have established several frameworks. These frameworks are the EU Civil Protection Mechanism, the European Civil Protection Pool and rescEU, which unites the means, capacities and funds of the EU intended for the functioning of civil protection. In this context, the EU simultaneously laid a solid foundation for more effective actions in emergency management, but also prevented the overlapping of jurisdictions. The goal of establishment of different frameworks in the field of civil protection and their unification is the formation of a single EU civil protection system that should operate uniformly throughout the EU territory. This does not imply the abolition of the national civil protection systems of the member states, but rather the formation of a supranational system that should provide support to the individual systems of the EU member states in emergency situations. The mentioned frameworks represent the best way to unify the capacities of all member states in the field of civil protection, and for a stronger joint response in case of emergency situations. The EU tries to act through the mentioned frameworks not only on the territory of its members, but also in a wider context.

Поліморфізація політичного простору: структурний аналіз систем

The relevance of the study of the process of polymorphism of the political space is due to the complication of structures and relations of multi-level territorial and political systems (TPS) as a result of the global policy trend of decentralization of national entities, an adaptation of territorial and political systems of the sub-national level to the standards put forward by supranational systems similar to the EU, as well as the practice of asymmetric multi-level management and polycentric governance. Spatial revolution in theoretical and methodological approaches of the late 60s of the 20th century. demonstrated the rejection of methodological nationalism and the relevance of the scientific and theoretical justification of the construction of political space in the conditions of globalization, regionalization, and deterritorialization of political relations. On the one hand, the basic concept of the territorial and political process – "territorial ownership" was transformed into the concept of "spatial development and planning", which confirmed the tendency to distinguish territorial and political processes, including through the formation of a global political and informational space and electronic political technologies. From the second dock, the development of the complex territorial-political system of the EU demonstrated the implementation of the ideas of the reconstruction of large spaces, the model of the implementation of the spatial development strategy in the conditions of the deterritorialization of the political process and the decentralization of territorial-political systems. The process of reconstruction of the political space is accompanied by the formation of new political actors, their institutionalization as territorial and political systems, the restructuring of national systems, and the development of the region as a modular unit of the restructuring of the TPS.

Zagrożenia cyberbezpieczeństwa sektora ropy naftowej, gazu ziemnego i energii elektrycznej w kontekście ewolucji technologicznej

<p>The announcement of the state of global COVID-19 pandemic, in addition to the negative health, economic and social phenomena, has triggered a massive phenomenon of transferring most aspects of human life to cyberspace. The last decade has shown a geometric progression of the growth of cybersecurity incidents worldwide, including the energy sector. This paper is a conceptual work, while the basic research problem refers to the determination of the level and area of cybersecurity regulation of the energy sector in the supranational, EU and national systems. The fundamental thesis is to confirm the initial assumption of insufficient degree of legal protection of the network, both in the systems of international and internal law. The main purpose is to demonstrate critical legal solutions that will result in the future in critical and serious incidents in the energy supply chain, as well as energy logistics. The originality of the study is associated with the attempt to compile separate legal systems, the subject of regulation of which is cybersecurity of the energy sector. The cognitive value for practice is associated with the indication of a unified conceptual grid and the indication of the main regulations of the issue.</p>

Female presence in lobbying careers in Europe: A comparison of women in the lobbying workforce in three national political systems and the EU

This paper investigates women in lobbying careers in Italy, the UK and France in comparison with the EU Parliament to verify the hypothesis that in political systems with a gender mainstreaming approach, it is easier for women to have access to political, institutional and politics-related careers. Given the differences between national and supranational political systems, the collected data display a fairer gender balance in the stock of registered lobbyists at the EU Parliament than in the national registers for lobbyists. The explanatory factors are the EU institutional approach towards gender mainstreaming and a fairer gender balance in EU top-political and administrative jobs. The paper argues that there is a spillover effect from fair-gendered political careers to the lobbying professions. EU lobbyists need to reflect the diversity of EU politicians and administrative staff. In this sense, the EU institutionalization of the gender mainstreaming approach goes beyond issues such as the descriptive and substantive political representation of women in politics while creating a more inclusive environment for equal opportunities in traditionally male-dominated jobs.

Migration and Legal Regulation of the Admission of Foreign Scientists to the EU to Conduct Scientific Research at European Mega-Science Facilities

In the context of the reform of migration legislation in Russia, proceeding from the Concept of State Migration Policy of the Russian Federation for 2019-2025 and the Strategy of Scientific and Technological Development of the Russian Federation in 2016, the paper examines the experience of the supranational legal system of the European Union to create a special procedure for the admission of scientists from countries outside the EU, for the purpose of conducting scientific research in EU megascience facilities (experimental reactors, particle colliders, the synchrotrons, etc.).The subject of the study is the provisions of Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016. "On the Conditions of Entry and Residence of Third-Country Nationals for the Purposes of Research, Studies, Training, Voluntary Service, Pupil Exchange Schemes or Educational Projects and Au Paring" in the part relating to scientists ("Researchers" in the terminology of the Directive).Following the general characteristics (history of adoption, action in time, space and in the circle of persons, conceptual apparatus), the general and special conditions for admission of foreign scientists to the EU, the legal features of "admission agreements" with research organizations of the EU member States and migration documents (residence permits or visas for long-term stay), on the basis of which foreign scientists enter and engage in research activities in the EU, are considered.The final section specifies alternative legal mechanisms for the admission of foreign scientists to the EU — civil law and employment contracts (contracts), including within the framework of the application of EU legislation on the labor migration of highly skilled workers from third countries and the European blue card established by this legislation.

The Supranational System of Finanancial Market Regulation: Does It Exist?

The Supranational System of Finanancial Market Regulation: Does It Exist?

Greater Eurasia: In Search of a Legal Order

The correlation of national, supranational, trans-regional, and internationallegal systems is a concern of comparative legal (including their political science andinternational relations aspects) studies because it has decisive influence on how Statesposition themselves within the family of nations, perceive themselves in the surroundingworld community, and build relations with other nations, international organizations,and the international community as a whole. At the same time, the correlation hasimmense pragmatic significance, for it is the essential basis for determining which of themulti-level management legal systems operates and/or prevails when the rules bindingon individuals, societies, businesses, civil services, international organizations, andinterstate communities are formed within or outside of national jurisdictions. Study ofthis correlation is of particular importance in the context of the growing complexity ofthe international legal field and multilevel management systems, as well as in the lightof current trends in the development of international economic and political processes.On the one hand, the growing international confrontation and misuse of internationallegal instruments are forcing States to take measures to protect their internal law systems.On the other hand, the need to build harmonious international cooperation requiresthem to open their legal systems to some extent. The article discusses the experience ofvarious integration structures in this context. The authors claim that the project of theGreater Eurasia has the advantage of sharing a common Soviet legal heritage, whichalready establishes a common legal language and cohesive terminology – factors thathave, for example, restrained EU integration efforts. Whatever the CIS may or may nothave achieved, meeting expectations or otherwise, it represents nearly three decades of integration experience.

New Regulation of Direct Foreign Investment Screening in the European Union and Interests of Russia

The article deals with adoption of a new framework regulation of direct foreign investment (DFI) of the European Union in condition of shaping a polycentric system of international relations and re-balancing of global players’ forces, which is accompanied by weakening the positions of the EU on global market and strengthening China as a new superpower. In this situation the EU tries to reinforce economic security and raise competitiveness of economy by protecting the sphere of critical infrastructure and high technologies against external control. The authors provide a brief analysis of geopolitical, economic and political factors, which determined specific features of new EU investment legislation. The scale and structure of Chinese DFI in EU economy were estimated and specificity of the process of mutual outsourcing of EU and China political values was identified. According to the analysis, China that increases its presence in the EU, apart from big finance possibilities uses differentiation of priorities in foreign and home policy of member-states and internal European contradictions and fragmentation of EU legislation. By using the text of the framework Regulation 2019/452 key elements and procedures were described and contradictions in the mechanism of investment selection being designed were found. It is proved that these contradictions, including numerous different agreements and institutional units involved in the process, keeping national priorities in making final decisions in the absence of necessary for DFI screening function system elements and others hinder the creation of the efficiently functioning supranational system of European DFI control. A conclusion was drawn that introduction of the Regulation can have a negative effect on the inflow of Russian investment to Europe. At the same time Russia cannot affect designing of this screening mechanism, as its role is limited by the frameworks of European policy of partial communication isolation. In the long-term the toughness of using investment regulation in the EU will depend on the outline of the US – EU – Russia confrontation.

It’s a small, small, small world: The Icesave dispute and global orders of difference

Drawing on Roy and Ong’s work on worlding, this article introduces the concept of orders of difference to analyze the selective incorporation of the nation-state into supranational political and economic systems. I argue that attending to orders of difference is necessary to better understand the ways that imagined equality is mobilized to reproduce global injustice. I do so through a combined examination of the liberal globalism of the iconic “It’s a Small World” ride at Disney theme parks and Iceland's role in the Icesave dispute—a key struggle of the 2007–8 financial crisis. The design of the Small World1ride effects a form of worlding by ordering differences into those that are similar enough to be permitted and those that are too different to be incorporated. In the process, the ride invokes a small world2that precisely encapsulates the more complex globalisms that inform the organizational structure of supranational bodies like the European Union and European Economic Area. Global finance is said to be one of the world’s most seamless supranational systems, but one of its many seams was made visible during the Icesave dispute as two orders of difference came into conflict: European Economic Area membership and Icelandic politics. Representatives of the Netherlands and the UK argued that Iceland’s membership in the European Economic Area meant that Iceland was fully the same as other member nations, while those from Iceland successfully argued that its domestic and international economies were irreducibly different. The dispute thus hinged upon a debate over how differences are ordered within and between nations, including the number of permissible orders and the precise extent to which member nations are or should be made commensurable through supranational geopolitics.

Origin of the European Ombudsman

The purpose of this article is to set out the multiannual process for establishing the European Ombudsman's office and the reasons for its establishment. It presents the history of the first European Ombudsmen and the history of the European Communities from a legal perspective. The author goes back to the reasons for setting up the European Ombudsman's body, which were the lack of legitimacy in the European Union. The role of bodies such as the European Ombudsman is to ensure that citizens' rights are actually respected. The European Ombudsman strengthens the rule of law in the European Union and complements the role of the courts by providing a cheap, accessible individual remedy and, on the other hand, complements the representative function of the European Parliament by becoming the centre of independent critical assessment and improvement of the quality of European administration. The rule of law serves to maintain the EU system as a supranational system. It is the construction of the axis of integration. If there is a lack of trust in the community in this respect, it begins to be treated differently. It is therefore important that the European Ombudsman fulfils his Treaty obligations as a body of the European Union effectively.

The Crisis of Collegiality in Scientific Organization, and the Scientific Policy

The article substantiates that science, thanks to the latest media in the dissemination of scientific communication (especially computer word processing, big data accumulation, mega-science installations, the latest international networking platforms and collaborations), has gone beyond all institutional, organizational, regional, national and partly disciplinary borders. Science as a supranational communication system has reached a complexity that is incompatible with the standards for evaluating scientific work and scientific achievements, which are traditionally carried out in the form of scientific committees, individual examinations and other collegial forms of scientific communication. The collegiality of making the most important decisions regarding the examination of the scientific product itself, the thematic agenda, professional competencies and the resulting distribution of remuneration, reputation, ranks, degrees, grants has exhausted its capabilities to a certain extent. As a result, science turns out to be opaque both for the regulator, who is trying to exercise control over scientific institutions, and for science itself, which in the form of scientific self-government and philosophical reflection of science carries out the function of self-observation and self-description. A working hypothesis is proposed, which states that in response to this crisis of collegiality, reflection and control, new media of communicative success and new organizational forms of scientific communication crystallize in science, which can restore the ability of a scientific system to process its internal and external complexity. These media are represented by a new, social-networked form of scientific expertise and partly scientific work, which will be able to compensate for the lack of self-reflection, both at the organizational level of research institutes and at the level of global control over science as a whole.

The fragmented approach toward close-out netting provisions in Australia, Indonesia, Malaysia and Singapore compared

Close-out netting provisions are a relatively new addition to the financial legal framework. Their primary objective is to strengthen the regulation and manage the risk associated with over-the-counter derivatives. They have been adopted by the financial industry and used in financial transactions to assist in controlling and allocating financial risks. They are becoming an effective tool that provides an efficient process in calculating and settling on a net balance. However, they have been criticized for being unable to save some of the larger financial institution throughout the 2008 Global Financial Crisis. This paper examines how close-out netting provisions are applied under the UNIDROIT Principles which serves as the benchmark on how jurisdictions have incorporated them into national law. It examines the current approach taken by Australia, Indonesia, Malaysia and Singapore, stressing their importance in the increasing interconnected financial markets across Southeast Asia and Oceania. While this paper is limited in its scope only referring to the international framework and four national countries, the analysis undertaken can arguably be applied to other national and supranational legal systems. The paper challenges the fragmented approach to regulation of close-out netting provisions in a global setting. It highlights the divergent approaches currently adopted in defining, negotiating, drafting, interpreting and enforcing close-out netting provisions. It argues that nation states should adapt the UNIDROIT Principles in light of their national law and policy. It also presents a way forward in enforcing close-out netting provisions within contracts.