{"title":"International Regionalism and National Constitutions: A Jurimetric Assessment","authors":"Philippe De Lombaerde, L. Rodríguez","doi":"10.2139/ssrn.2458947","DOIUrl":"https://doi.org/10.2139/ssrn.2458947","url":null,"abstract":"This paper considers a large global sample of constitutional texts (i.e. 171 constitutions from 153 countries) and assesses to what extent and how they refer to the increasingly important phenomenon of international regionalism (or regional integration) and how they deal with potential sources of tensions and contradictions between the national legal systems and the emerging regional regulatory universes. A typology of clauses is therefore proposed. In addition, some evidence is presented on the evolution of constitutional references over time, and on the relationship between constitutional referencing and the depth of the (de facto and de jure) regionalization processes.","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130582319","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Modern Trends in Minimisation of Offshore Jurisdiction: OECD, G20 and Russia","authors":"G. Korolev, A. Levashenko","doi":"10.2139/SSRN.2397669","DOIUrl":"https://doi.org/10.2139/SSRN.2397669","url":null,"abstract":"For many years, off-shore zones were a reliable mechanism of tax optimization. According to experts’ estimates, Russia is the world’s leader as regards the number of newly registered off-shore companies1. For the purpose of effective prevention of erosion of the tax base, Russia should join not only the OECD standards, but also that international organization, as well.","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122228401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Does EU Law Recognize Legal Limits to European Integration? Accommodating Diversity and its Limits","authors":"L. Besselink","doi":"10.2139/SSRN.2343751","DOIUrl":"https://doi.org/10.2139/SSRN.2343751","url":null,"abstract":"One of the starting points of the integration of legal and constitutional orders in the European Union is that it requires unity of action. In the abstract, it is easy to answer the question whether unity of action entails the necessity of uniformity either in approach or in result, negatively. The obvious alternative to uniformity would be the accommodation of diversity. But does EU law recognize diversity as a matter of law? If so, to what extent? Does this diversity also function as a limit to integration?These are the questions which I address in this essay. The four parameters of it are therefore ‘unity of action’, ‘uniformity’, ‘accommodation of diversity’ and ‘limits to integration’. The focus is mainly the relation between these four notions. They ‘frame’ the questions and although it also provides some answers to the concrete questions, its foremost aim is to make the case for the accommodation of legitimate diversity, indicating the limits of such accommodation. In doing so, the paper outlines forms and some of the techniques of such accommodation.","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124708963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Environmental Integrity and Non-Discrimination in the Norwegian Emissions Trading Scheme","authors":"C. Voigt","doi":"10.1111/J.1467-9388.2009.00651.X","DOIUrl":"https://doi.org/10.1111/J.1467-9388.2009.00651.X","url":null,"abstract":"When Norway set up its National Allocation Plan (NAP) for 2008–2012 as required under Directive 2003/87/EC to permit it to engage in the EU Emissions Trading Scheme (EU ETS), it attempted to increase the environmental effectiveness of the EU ETS by introducing the auctioning of allowances to some sectors. In particular, Norway’s NAP directed that the petroleum sector would not receive allowances free of charge and set out special allocation rules for land-based industries. While older installations are to receive allowances free of charge, those established after 31 December 2001 are to purchase their allowances on the market.The scheme was met with criticism by the European Free Trade Agreement (EFTA) Surveillance Authority, in particular for its discriminatory treatment between older and newer installations. Norway addressed the EFTA Surveillance Authority’s objections by correcting its NAP to the detriment of its environmental integrity. This article argues that Norway missed an opportunity to make polluters face the full incremental environmental costs of their activities in accordance with the polluter pays principle. The EU ETS for 2013–2020 is set to introduce an EU-wide emissions cap, auctioning and stronger armonization of allocation rules. Despite the ‘European Economic Area relevance’ of the proposed amendments to Directive 2003/87/EC to improve the EU ETS, it remains to be seen whether and how Norway is going to implement these changes. No other piece of EU legislation has implied so strong a shift in decision-making power from the national to the EU level. For Norway as a non-EU Member State, this raises fundamental questions of democratic legitimacy, which must be addressed.","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"245 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134178471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Beyond the Holistic Constitution?","authors":"Neil Walker","doi":"10.2139/ssrn.1393867","DOIUrl":"https://doi.org/10.2139/ssrn.1393867","url":null,"abstract":"This paper considers whether, why and to what extent we should conceive of transnational regulation in constitutional terms. It distinguishes between two different candidates for transnational constitutional status. On the one hand, there are various actual or potential 'holistic' transnational constitutions, such as the EU and the WTO. These constitutional orders resembe that of the state to the extent that they involve the framing of a distinct 'body politic'. This 'body politic' may be thinner or thicker, depending on the number and richness of the framing layers involved (legal order, politico-institutional complex, popular self-authorization, distinct society or demos), but the idea of the constitution as a constituent dimension and expression of a broadly encompassing, internally coherent and externally bounded polity is present in all cases. On the other hand, there are also today various international societal actors and functional spheres (e.g internet regulation, sport regulation) that on one view possess their own 'societal constitutions'. Unlike holistic forms of regulation, however, these areas tend to combine very narrow forms of self-regulation with diverse forms of external regulation. The idea of a discrete framing is not present even in legal or institutional terms, still less in popular or social terms. Nevertheless, the paper argues, there may be good normative reasons for continuing to use the language and mindset of constitutionalism in these contexts.","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122277778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}