European studies review最新文献

Jurisdictional Competition: Domestic Courts or Arbitral Tribunals? Lessons from the CJEU Judgments on EU’s Economic Agreements with Non-EU States 管辖权竞争:国内法院还是仲裁法庭?欧盟法院对欧盟与非欧盟国家经济协定判决的启示

European studies review Pub Date : 2022-12-01 DOI: 10.2478/eustu-2022-0013

Rachel Frid de Vries

{"title":"Jurisdictional Competition: Domestic Courts or Arbitral Tribunals? Lessons from the CJEU Judgments on EU’s Economic Agreements with Non-EU States","authors":"Rachel Frid de Vries","doi":"10.2478/eustu-2022-0013","DOIUrl":"https://doi.org/10.2478/eustu-2022-0013","url":null,"abstract":"Abstract Summary A judgement by a domestic court in an international economic dispute, where the parties have agreed on an International Dispute Settlement Mechanism (IDSM), may be legitimate from the perspective of domestic law. However, it might entail concerns from the perspective of third states and Public International Law (PIL). Such concerns might be aggravated by the broadening of delicate foreign relations elements and protections for investors woven into international economic agreements. In the absence of clear PIL rules for conflicts arising from overlapping jurisdictional claims, such jurisdictional issues are subject to the discretion of the domestic court. A tendency to adjudicate such claims is strongly demonstrated in the caselaw of the EU Court of Justice (CJEU). The CJEU’s jurisdictional attitude towards competing IDSMs is examined in the context of the recent CJEU caselaw on disputes under bilateral and multilateral investment treaties involving non-EU states and investors, where the parties have committed to arbitration. The analysis then focuses on CJEU judgments on disputed EU trade agreements with non-EU states controlling Disputed Territories (DTs), in particular, trade with Israeli controlled DTs, where the parties have agreed on an IDSM. These judgements present substantial competing jurisdictional issues, that were scarcely dealt with in the literature. Consequently, the CJEU’s jurisdictional policy provides an excellent basis on which normative conclusions can be drawn regarding the profound effect it may have on third states, foreign investors and on the development of rules for the resolution of international economic conflicts.","PeriodicalId":81228,"journal":{"name":"European studies review","volume":"22 4 1","pages":"15 - 61"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79265029","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}

引用次数: 0

Attention Markets and European Competition Law 市场与欧洲竞争法

European studies review Pub Date : 2022-12-01 DOI: 10.2478/eustu-2022-0022

Katarína Kalesná

引用次数: 0

Critical views on the phenomenon of EU digital sovereignty through the prism of global data governance reality: main obstacles and challenges 通过全球数据治理现实的棱镜对欧盟数字主权现象的批判性看法:主要障碍和挑战

European studies review Pub Date : 2022-12-01 DOI: 10.2478/eustu-2022-0016

Lusine Vardanyan, Hovsep Kocharyan

{"title":"Critical views on the phenomenon of EU digital sovereignty through the prism of global data governance reality: main obstacles and challenges","authors":"Lusine Vardanyan, Hovsep Kocharyan","doi":"10.2478/eustu-2022-0016","DOIUrl":"https://doi.org/10.2478/eustu-2022-0016","url":null,"abstract":"Abstract Summary This article is devoted to determining the role and place of the EU in the international information space, as well as identifying problematic aspects and existing challenges that the EU faces in implementing its digital strategy in the field of data governance and protection. In the context of the growing influence of such key political figures as, for example, the USA and China, which have dominant influence on the digital economy, the issue of proper ensuring the digital sovereignty of the EU in the field of global data governance comes to the fore. This is due to the fact that it is the digital sovereignty that should guarantee the strategic autonomy of the EU in the digital world in the context of the EU’s increasing dependence on foreign technologies and services and a shortage of investments in the digital sector. In this research, the authors focus on the need to develop and use a model of multilateral participation in the field of data governance and protection in the digital world, which, in turn, implies prevention of weakening the role of the state in regulating the digital market, since it is the states (including the EU) that are the primary guarantors of human rights protection in the digital world.","PeriodicalId":81228,"journal":{"name":"European studies review","volume":"2 1","pages":"110 - 132"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79701796","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}

引用次数: 0

The relations between the Singapore Mediation Convention and the European Mediation Directive 《新加坡调解公约》与《欧洲调解指令》的关系

European studies review Pub Date : 2022-12-01 DOI: 10.2478/eustu-2022-0023

M. Malacka

引用次数: 0

The Globalization of Cashless Transactions Using Blockchain Technology to Preventing Money Laundering and The Changing Trends in The Cryptocurrency Market: A Learning Experience of Polish and EU Laws 使用区块链技术防止洗钱的无现金交易全球化和加密货币市场的变化趋势:波兰和欧盟法律的学习经验

European studies review Pub Date : 2022-12-01 DOI: 10.2478/eustu-2022-0021

Abhishek Thommandru, Benarji Chakka

引用次数: 1

Analysis of Appointment to Office of Central Bank Governor in the Member States of the EU 欧盟成员国中央银行行长任命分析

European studies review Pub Date : 2022-12-01 DOI: 10.2478/eustu-2022-0025

Michal Kohajda

引用次数: 0

Digital Sovereignty and Identity in the European Union: A Challenge for Building Europe 欧盟的数字主权和身份:对欧洲建设的挑战

European studies review Pub Date : 2022-12-01 DOI: 10.2478/eustu-2022-0015

S. Ivic, D. Troitino

引用次数: 0

Artificial intelligence in healthcare: Threats to the fundamental values of our society 医疗保健中的人工智能:对我们社会基本价值观的威胁

European studies review Pub Date : 2022-12-01 DOI: 10.2478/eustu-2022-0019

Klára Zikmundová

引用次数: 0

Cyborgs on the horizon. Are we ready? Examining the (a)legality of transhumanist practices within the EU 半机械人在地平线上。我们准备好了吗?检查(a)欧盟内部超人类主义行为的合法性

European studies review Pub Date : 2022-12-01 DOI: 10.2478/eustu-2022-0017

Pablo Martínez-Ramil, Haridian Bolaños-Frasquet, M. C. Solarte-Vásquez

{"title":"Cyborgs on the horizon. Are we ready? Examining the (a)legality of transhumanist practices within the EU","authors":"Pablo Martínez-Ramil, Haridian Bolaños-Frasquet, M. C. Solarte-Vásquez","doi":"10.2478/eustu-2022-0017","DOIUrl":"https://doi.org/10.2478/eustu-2022-0017","url":null,"abstract":"Abstract Summary Most western contemporary legal systems are grounded in natural law principles established by modern humanism even though various alternatives, post-humanism being among the most influential, start influencing their understanding. In addition, the effect of the rapid pace of technological development on humanity has made the inherent limitations of its rules and other social arrangements manifest, as the use of technology is growingly used for human enhancement. The advocacy seeking to expand the catalogue of human rights and to cover transhumanism has started to bear fruit, but more conceptual developments are needed to lay the foundations for a more systemic regulatory development. This reflection paper focuses on the use of microchip implants, from among the augmentation practices that have recently flown under the radar of legal scientific research. These electronic devices re-shape the experience of being human and their various applications suggest that the penetration levels of capacity enhancing technologies will continue to be on the rise. It will discuss and clarify whether and to which extent transhumanism, personal rights and private autonomy are connected, and the former sufficiently covered by the right to bodily integrity (RBI). The reflection will rely on a comparative and interpretative approach based on the extant literature, national and European Union (EU) regulatory initiatives, and recent doctrinal developments found in case law.","PeriodicalId":81228,"journal":{"name":"European studies review","volume":"66 2 1","pages":"133 - 154"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88463080","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}

引用次数: 0

European State Aid During COVID-19 2019冠状病毒病期间欧洲国家援助

European studies review Pub Date : 2022-12-01 DOI: 10.2478/eustu-2022-0024

Turan Jafarli

引用次数: 0