bluuebunny/crossref_metadata_2025 huggingface dataset:
The High-level ICAO COVID-19 Conference: A Critical Commentary
Authors: Abeyratne Ruwantissa
Published: May 2022

The International Civil Aviation Organization (ICAO) held its High-level Conference on COVID-19 (HLCC 2021) from 12 to 22 October 2021. The somewhat wordy theme of the conference was ‘One Vision for Aviation Recovery, Resilience and Sustainability beyond the Global Pandemic’. Even more ambitious, albeit laudable in motive was its objective of seeking to reach a global consensus on a multilateral approach, supported by political will and commitments of States, to enable the safe and efficient recovery of air transport. In ICAO language the words ‘global consensus’, ‘political will’ and ‘commitment of States’ have not always produced desired results. Added to this conundrum The High-level, Ministerial Declaration that emerged at the end of the Conference recognized in ICAO an already existing ‘global leadership role’ and ascribed to it the task of facilitating aviation’s recovery from the Coronavirus disease 2019 (COVID-19) pandemic and ensuring its future resilience – a task which has to be accommodated within the parameters assigned to ICAO in the Chicago Convention of ‘fostering the planning and development of air transport’ – which is a far cry from leadership of any kind.

However, the Declaration sparks a note of sanguine optimism if only for the reason that the global pandemic has presented to the world of aviation a message of catastrophic gloom that could well surpass previous issues and problems that have besieged aviation which, on a comparative basis, have proved transitory.

This article comments on the outcome of the ICAO Conference and offers some points to consider.

ICAO Covid Conference, Declaration, risk assessment, risk management, crisis management, connectivity
Cut-Through Clauses in Aviation Insurance and Reinsurance Policies
Authors: Beale Ned , Graham-Evans Ben
Published: May 2022

This article analyses the operation of cut-through clauses in aviation insurance and reinsurance policies, with particular reference to the Lloyd’s Market Association (LMA) standard form cutthrough endorsement, AVN 109. It does so from the perspectives of the usual parties to aviation insurance policies, including on the insured’s side owners, operators, lessors and financiers, and on the underwriters’ side insurers and reinsurers. It considers cut-through clauses’ operation in the context of fronting arrangements, insurer insolvency (which brings into play the anti-deprivation principle), other bars on payment and coverage disputes. An insured’s ability to compel payment directly from the relevant insurer and the legal proceedings that may be required are discussed. The analysis is provided primarily under English law, including reference to the Contracts (Rights of Third Parties) Act 1990 and Randgold Resources Ltd & Anor v. Santam Ltd & Anor [2018] EWHC 2493 (Comm), though the laws of New York and other jurisdictions are also briefly considered. The article concludes with practical recommendations for aviation insurance policy holders to consider when negotiating cut-through clauses, so as to maximize the protection that they provide.

Insurance, reinsurance, cut-through, aviation, AVN 109
Drones Operations in Kenya: Perspectives on Privacy Challenges and Prospects
Authors: Manana Rodgers Wanyonyi , Otieno Nelson
Published: May 2022

Kenya has enacted the Civil Aviation (Unmanned Aircraft Systems (UAS)) Regulations 2020 to regulate various aspects of operating, owning or otherwise dealing in UAS, commonly referred to as drones. As expected, the Regulations address security, safety, and privacy concerns arising from the operation of UAS. This article analyses the unique privacy concerns arising from use of civilian UAS; determine adequacy of the drone-specific protection mechanism adopted under the Kenyan law; and determine the role played by the Regulation in balancing the privacy concerns of the citizenry in light of the intrusive nature of drone use. It is observed that other than creation of institutions, the Kenyan legal framework adopts rules on distance between objects and drones, and on fixing of photographic apparatus on drones as crucial means of addressing privacy concerns. Comparatively, however, privacy issues remain peripheral in comparison with the prominence given to security and safety issues in drones’ operations. This article posits that the prospects of addressing the privacy concerns are donned with challenges arising from the peripheral role of privacy. Consequently, it moots that this is possibly influenced by similar inadequacies existing under international law as principally set down under the Chicago Convention of 1944.

Civil Aviation, unmanned aircraft systems, regulations, drones, privacy, Kenya, ICT
Spain’s Challenges in the Aerospace Field: Towards the Creation of a Spanish Space Agency and the Adoption of a Global Space Law*
Authors: De Faramiñán Gilbert Juan Manuel
Published: May 2022

This article analyses Spain’s progress in aerospace matters and the aspects that still need to be developed, such as creating a Spanish Space Agency and drafting a Law on Outer Space Activities, as other neighbouring countries have done.

Spain, ESA, CDTI, INTA, Spanish Aerospace Security Strategy, Spanish Space Agency, Spanish Space Law
Consumers, Air Carriers and Workers in the European Union: Two Sides of the Triangle
Authors: Drew Sandhya , Truxal Steven
Published: May 2022

While consumers in the European Union (EU) are generally afforded a high level of protection, the law on air passenger rights, by example, draws debate over the cost of such protection. In the absence of a clear definition of ‘extraordinary circumstances’ in Regulation (EC) 261/2004, the Court of Justice of the European Union (CJEU) has not always balanced consumer interests with business realities in its many preliminary rulings on interpretation of these words. Workers joined this picture in the case of Airhelp/SAS [2021], in which the CJEU held that a lawful strike by an air carrier’s own pilot unions does not amount to ‘extraordinary circumstances’. This article explores this ruling in the light of EU air passenger rights and social dialogue objectives.

air passenger rights, compensation, collective bargaining, social dialogue
COVID-19 Related State Aid for the Airline Sector: EU Courts Not Hesitant to Remove the Commission’s Stamp of Approval
Authors: Stirling Grant
Published: May 2022

This article considers the significant amounts of State aid provided to European airlines in relation to the Covid-19 pandemic, three recent challenges in the EU General Court to the Commission’s decision to approve specific State aid measures and the consequences of those cases for the industry going forward. It is argued that the two successful challenges to Commission decisions approving aid are significant, because they confirm that the EU courts will not hesitate – despite the unprecedented financial damage to the airline industry caused by the Covid-19 pandemic – to annul Commission decisions approving aid where the reasoning is unsatisfactory. Equally, it is emphasized that the General Court did not find the State aid authorized by the Commission decisions in question to be unlawful as such, and the Court’s preferred remedy would suggest that the court was keen to avoid such an outcome, if possible. Furthermore, the principle of legitimate expectations would seem to render it unlikely that recipients of Commission-approved State aid will be required to repay that aid. Finally, it is argued that Covid-19 related State aid is liable to have caused some competitive distortions in the sector and that regulation of the industry needs to be attentive to this going forward.

State Aid, EU Law, Covid-19, Airline Industry, Legitimate Expectations
European Union Competition Law Developments in the Aviation Sector: July to December 2021
Authors: Strom Martin
Published: May 2022

The second half of 2021 has seen the aviation industry continue to grapple with the impact of the on-going Coronavirus (COVID-19) pandemic, as travel restrictions and similar adjustments have been required in a number of jurisdictions.

Key developments included in this article include:

– A number of addressees of the European Commission’s (the ‘Commission’) air cargo cartel case, which imposed significant fines on participating airlines, have lodged claims against the Commission seeking compensation as a result of the latter’s refusal to pay interest on fines imposed which the Commission repaid to airlines following the EU court’s annulment of the original cartel decision.

– The Commission has closed its investigation into Amadeus and Sabre over their contractual terms governing the distribution of airline tickets in agreements between airlines and travel agents, citing insufficient evidence that the arrangement had restricted competition; and

– The seismic impact of the on-going pandemic continues to give rise to a great number of State Aid notifications to various beneficiaries in the aviation sector, with a commensurate uptick in the number of legal challenges before EU courts. As with 2020, Ryanair has continued to be particularly active in challenging these measures.

This article summarizes the main developments over the past 6 months and aims to provide the reader with an overview of each of these developments.

aviation, airline, regulation, competition and anti-trust
Weapons Reviews for ASATs: Assessing Distinction, Proportionality, and Effects on the Natural Environment of Space
Authors: Žilinskas Justinas , Marozas Tomas
Published: May 2022

Kinetic anti-satellite (ASAT) weapons are increasingly being developed and tested in the twentyfirst century. A Chinese ground-to-space missile test in 2007 hastened a new form of ‘space race’ involving other superpowers kinetically destroying their own satellites: in 2008, the USA; in 2019, India; and in 2021, Russia. These tests created large amounts of space debris. Some of this is still orbiting the Earth, some has already collided with other satellites, and some will probably do so in the future. International humanitarian law (IHL) imposes obligations on states to consider whether using newly developed, acquired, or adopted weapons is (or would be) consistent with IHL. This article evaluates whether ASAT tests conducted in peacetime are legitimate in terms of IHL peacetime obligations, and whether kinetic attacks on satellites during armed conflict would also conform with IHL obligations, especially the preservation of the natural environment.
Rethinking the China-U.S. Bilateral Air Services Agreement from China’s Perspective: Approaches to Fair Competition
Authors: Feng Yicheng
Published: May 2022

Bilateral relations between the People’s Republic of China (PRC) and the United States (U.S.) have never attracted the world’s attention more than today. This article analyses how two countries that are totally different in societies, economic systems, cultures, and values compete in the China-U.S. bilateral air services. With the trend of the liberalization as well as privatization of international air transport, the U.S. and China show two development models that influence their aviation sectors: complete liberalization vs. Socialist Market Economy (SME). The article focuses on the competition issues embodied in the China-U.S. bilateral air services and provides approaches to fair competition between the U.S. airlines and three major Chinese airlines impacted by China’s SME and the ‘Reform and Opening-up’ policy. The article further discusses the opportunity for deeper cooperation through a China-U.S. Open Skies agreement with convergent legal, economic, and institutional regimes.

China, Fair Competition, Air Services Agreement, Open Skies
A Round Trip to the Stars?: Considerations for the Regulation of Space Tourism
Authors: Freeland Steven , Martin Anne-Sophie
Published: May 2022

The prospects for space tourism activities were first mooted in the early 1980s with the launch of the Space Shuttle, which opened a new era of space flight. In the new millennium, space tourism continued its rise from possibility to reality with momentum towards a future dynamic commercial market sector propelled in 2021 with the launch of diverse missions by Virgin Galactic, Blue Origin and SpaceX. These three pioneering companies are continually developing and refining technology to potentially give many tourists their moment in space. The private sector is largely contributing to the development of the relevant space science, funded by private and public investments for space exploration missions. These developments raise complex and novel legal and regulatory issues that are not directly addressed in the five United Nations Space Treaties, even as space tourism are to be considered a lawful use of space. In this article we explore several significant legal issues relevant for space tourism activities including the delimitation of outer space, requirements for authorization, questions of liability, the status of ‘space flight participants’, the duty to rescue tourists and the protection of the space environment.

space tourism, space activities, regulation, international space law, national law
Book Review: Outer Space: Future For Humankind: Issues Of Space Law And Policy, Marietta Benkö & Kai-Uwe Schrogl Ed., Essential Air And Space Law, Volume 26. Eleven International Publishing. The Hague. 2021
Authors: Kazlouskaya Miraslava
Published: May 2022

space tourism, space activities, regulation, international space law, national law
Trust, Confidence, and Automation: The ISDA Master Agreement as a Smart Contract
Authors: Armitage Matthew
Published: May 2022

The International Swaps and Derivatives Association (ISDA) Master Agreement (MA) is the prevailing contract in the Over-the-Counter (OTC) derivatives market. Its efficacy derives from, inter alia, the network effect. As the OTC derivatives market expanded so did users of the MA. During and after the MA’s creation, the market underwent extensive deregulation and the standard-form agreement soon filled the lacuna left by retreating regulation. Its ubiquity in the market has created a level of trust and confidence, not only in the terms of the MA itself but between parties which may not have otherwise entered into a business relationship. With the impending introduction by ISDA of a smart contract version, this article investigates whether automation will harmonize or disrupt trust and confidence in the MA.

ISDA, derivatives, standard-form, trust, confidence, smart legal contracts
Assessing the Transfer Pricing Disputes Framework in Nigeria
Authors: Olika Daniel , Olateru-Olagbegi Ilemobade
Published: May 2022

Transfer pricing, from documentation to audit, can be complicated and costly. Despite the release of transfer pricing regulations and increased scrutiny over intercompany dealings, the revenue authorities and taxpayers still disagree over various aspects of transfer pricing documentation. This situation necessitated the creation of various transfer pricing dispute resolution and dispute prevention mechanisms in jurisdictions across the globe. The Organization for Economic Cooperation and Development (OECD) has set the global standards on the mechanisms for transfer pricing dispute resolution/prevention and how they should apply. These transfer pricing dispute prevention mechanisms seek to avoid the costly and complicated process that is associated with transfer pricing audit while the transfer pricing dispute resolution mechanisms seek to resolve transfer pricing disputes in the most efficient manner. Accordingly, this article seeks to assess the transfer pricing dispute resolution/prevention framework in Nigeria against the global standards for resolving and preventing transfer pricing disputes.

Transfer pricing, safe harbour, advanced pricing arrangement, mutual agreement procedure, dispute resolution, dispute prevention
The Disproportionate Rights and Duties of the Insurer and the Insured in Fiji
Authors: Tiwari Pradeep Krishan , Shukla Gaurav
Published: May 2022

Much judicial and academic ink has been spilled over pre – and post-contractual rights and duties of insurer and insured, and it continues to flow, even now. Due to a lack of specialized knowledge and skills, policyholders are always in a weak bargaining position when proposing insurance (Qing Luo, ‘The Legal Protection of the Insured: a comparative study of Chinese, UK, and Australian Insurance Law’, Doctoral Thesis, City University of Hong Kong, CityU Scholars, 14 July 2006, 1, (accessed 25 August 2021, 2:20 pm FST) https://scholars.cityu.edu.hk/en/theses/the-legal-protec tion-of-the-insured(8b392fcd-0a72-4591-81ce-9fced f2a7feb).html). The insured is further disadvantaged because the insurer will only be prepared to enter into a contract of insurance upon its terms; and not tailor-make policies to suit the needs of the insured. Hence, the insured has no choice but to accept what is being offered. The insured is further embraced by the fact that insurance regulations generally protect the insurance industry and the insurer and impose heavy responsibilities on the policyholder. This article is a critical examination of the rights and duties of insurers and insured, vis-à-vis good faith, contracts of insurance, and settlement of insurance claims. The biggest challenge facing the insurance industry is the lack of consumer protection. The regulators of the industry should ensure that insurance regulations perpetrate fairness.

Consumer, Inequality, Insurance, Regulation, Scheme
Just Who Is Responsible for This Snafus?
Authors: Flint David
Published: May 2022

As some of you who know me will be aware, in addition to Competition Law, IP and Privacy, one of my long-term interests has been in computer technology. From my earliest experiences with the products of Sir Clive Sinclair, through programming IBM mainframes with Fortran 4, DEC machines with cp/m, RSTS-E and, latterly, SCO-Unix, to the modern operating systems of Windows and iOS, I have always had an interest in computers and the law surrounding them. Increasingly, I have become frustrated at the many issues which innocent and unsophisticated users seem to be having and the apparent lack of recourse which those users have following what are often business-critical issues.
The Polysemy Of Anti-Discrimination Law: The Interpretation Architecture Of The Framework Employment Directive At The Court Of Justice
Authors: Xenidis Raphaële
Published: May 2022

This article proposes a new explanatory framework to understand the transversal developments that have emerged from the recent case law of the Court of Justice of the EU on the Framework Employment Directive. It argues that the Court operates a functional differentiation in the implementation of anti-discrimination norms, which gives rise to a complex interpretation architecture. Following the constitutionalization of EU equality law, the Court reads three main functions into the Framework Employment Directive: socialization, integrity, and calibration. This differentiation gives rise to competing interpretive paradigms and analytical templates that affect the level and shape of equality protection under the Directive.

Directive 2000/78/EC, Charter of Fundamental Rights, Equality, Discrimination, non-discrimination, Functional differentiation, Socialization, Integrity, Calibration, Competing interpretive paradigms, Framework Employment Directive
Old is new: The transformative effect of references to settled case law in the decisions of the European Court of Justice
Authors: Šadl Urška
Published: May 2022

References to settled case law permeate the decisions of the European Court of Justice. Legal literature commonly deems them elements of stability and constraint. By contrast, this article highlights their transformative effect. That effect occurs in the process of repetition, conceptualized as a process that permits alteration. The article identifies and explores three types of alteration, or three mechanisms of instability: (1) the substitution of cited cases in citation strings; (2) the alternation between expressions found in settled case law and alternative expressions; and (3) the un-anchoring or detachment of legal statements from cases in which they initially appeared. The analysis illustrates how substitution leads to diverging interpretive outcomes, how alternation unsettles the normative force and the relevance of the acquis, and how un-anchoring results in a loss of knowledge. From this perspective, references to settled cases result in complex changes to the law – changes which are multi-directional and lack a clear progression. The article contributes to a better understanding of legal change, and it illuminates the role of past cases in the Court’s decision making.

Court of Justice, ECJ, CJEU, settled case law, judicial reasoning, transformative effect, repetition, citation strings, interpretive outcomes, legal change, decision making
The substantive scope of the Anti-Tax- Avoidance Directive: The remaining leeway for national tax sovereignty
Authors: Lazarov Ivan , Caziero Martha
Published: May 2022

The Anti-Tax Avoidance Directive (ATAD) is often regarded as an extraordinary piece of EU legislation in that it does not grant benefits, but obliges Member States to fight abusive practices. The scope of the Directive is limited to taxpayers “subject to corporate tax in one or more Member States”. This article suggests that the term “subject to corporate tax” should be given autonomous interpretation under EU law, thereby preserving the uniformity of Union law and restricting the room for artificial manoeuvre of the Member States. At the same time, interpreting the scope of theATAD must be done in accordance with the delimitation of competences between the Union and its Member States. Considering this, it is argued that the autonomous definition of “subject to corporate tax” should include all forms of direct taxes on corporate bodies, while not preventing the Member States from deciding whether to apply such taxes in the first place, as nothing in the ATAD obliges a Member State to have corporate tax.

Anti-Tax Avoidance Directive, ATAD, taxation, abusive practices, corporate tax, autonomous interpretation, uniformity, scope of the ATAD, “subject to corporate tax”
Managing the ecological transition of the EU: The European Green Deal as a regulatory process
Authors: Chiti Edoardo
Published: May 2022

The article discusses the rationale and ways of functioning of the European Green Deal (EGD) project, launched by the Commission in December 2019 and developed through a variety of measures ranging from the European Climate Law to the “Fit for 55” package. After situating the EGD in the context of the European multidimensional crisis, the article focuses on the EGD’s objectives and its instruments. It is argued that the EGD may be interpreted as a highly ambitious but still fragile regulatory project that aims at managing a transition from one phase of the European integration process to another. Its ambivalent relationship with existing international initiatives in the field of climate change is explored in the last part of the article.

European Green Deal, EGD, European Climate Law, Fit for 55 package, multidimensional crisis, transition, European integration, climate change, environmental protection, NGEU
Climate change and the mandate of the ECB: Potential and limits of monetary contribution to European green policies
Authors: Ioannidis Michael , Zilioli Chiara
Published: May 2022

The ECB’s mandate regarding climate change is being actively debated. According to some, the ECB’s mandate excludes any climate-related role, while others argue for a broad responsibility of the ECB in this context. This article argues for a middle way: under certain conditions, the ECB should take climate change into account and act accordingly while pursuing its objectives. EU law and the overall constitutional structure of the Union also provide limits as to how much the ECB can do in this field. This article focuses on the interpretation of the secondary objective of the ECB, according to which the ECB shall support the general economic policies in the Union with a view to contributing to the achievement of the Union’s objectives. This argues that this objective might lend support to ECB measures with an environmental dimension, but it only establishes a contributory power: the ECB cannot make its own environmental policies.

ECB, central banking, mandate, monetary policy, climate change, institutional balance
Green Monetary Policy Between Market Neutrality And Market Efficiency
Authors: Dietz Sara
Published: May 2022

Confronted with the challenges of climate change, the ECB adopted a Climate Change Action Plan in July 2021 and thereby joined forces with Member States and EU institutions to support Europe’s green transition to a CO2-neutral environment. The measures in the Action Plan aim to internalize climate risks, integrating sustainability-linked bonds into the monetary policy framework and hint at an even more active climate policy by way of preferential green bond purchases. This article analyses to what extent the mandate of the ECB allows for such a green monetary policy, focusing on the admissibility of monetary policy measures containing a “green bias” that discriminate against environmentally unsustainable or carbon-intensive economic activities. The ECB uses the principle of market efficiency to defend preferential green bond purchases. According to the ECB, as long as market participants do not yet adequately price in the costs of climate change and unsustainable economic activities, the ECB should step in and correct these market dysfunctionalities to ensure an efficient allocation of resources.This is a contested novelty in euro area monetary policy, since the ECB has so far adhered to the principle of market neutrality with regard to the allocation of its bond purchases.

ECB, central banking, mandate, monetary policy, climate change, institutional balance, sustainable finance
The European risk-based approaches: Connecting constitutional dots in the digital age
Authors: De Gregorio Giovanni , Dunn Pietro
Published: May 2022

In recent years, risk has become a proxy and a parameter characterizing EU regulation of digital technologies. Nonetheless, EU risk-based regulation in the digital age is multi-faceted in the approaches it takes. This article considers three examples: the General Data Protection Regulation; the proposal for the Digital Services Act; and the proposal for the Artificial Intelligence Act. These three instruments move across a spectrum, from a bottom-up approach (the GDPR) to a top-down architecture (the AI Act), going through an intermediate stage (the DSA). It is argued, however, that despite the different methods, the three instruments share a common objective and project: they all seek to guarantee an optimal balance between innovation and the protection of rights, in line with the developing features of European (digital) constitutionalism. Through this lens, it is thus possible to grasp the “fil rouge” behind the GDPR, the DSA and the AI Act as they express a common constitutional aspiration and direction.

risk-based approach, EU law, constitutional law, digital constitutionalism, digital technologies
A Partnership of Equals? ‘Deeper’ Economic Integration Between the EU and Northern Africa
Authors: Delimatsis Panagiotis
Published: May 2022

Strengthening ties with Africa has become a top priority for the current geopolitical European Commission. The focus on Africa is not new: Since 2004, the European Neighbourhood Policy (ENP) has gradually developed a framework for political dialogue and reforms in Northern African countries, which form part of the Southern Neighbourhood. The conclusion of association agreements and free trade agreements (FTAs) at the end of the previous century brought these countries closer to the European Union (EU) in commercial terms. In February 2021, the EU launched a renewed agenda for the South Mediterranean with a view to integrating these economies further to the EU edifice. Against this backdrop, this Article discusses how economic integration manifests itself in the region. It further pinpoints the economic fundamentals and political realities that will shape further economic integration between the EU and Northern Africa. A central element of EU’s renewed strategy in the region is the conclusion of deep and comprehensive free trade agreements (DCFTAs) with Northern African countries. It is argued that the conclusion of such agreements will constitute a litmus test for EU’s new assertive approach in trade matters in line with the newly adopted concept of open strategic autonomy.

European Neighbourhood Policy (ENP), Southern Neighbourhood, Northern Africa, EU trade policy, EU foreign policy, strategic autonomy, deep and comprehensive free trade agreements (DCFTAs), South Mediterranean, economic integration
Communicative Distraction?: Russia’s and the European Union’s Rival Perception Managements
Authors: Headley James
Published: May 2022

This article examines the nature and implications of the current information/propaganda battle between Russia and the EU by placing it in the context of conceptions of argument and dialogue in international politics. Both sides are engaged in ‘perception management’ by which they try to defend their actions and influence positively the opinions of foreign publics. This seems far removed from ‘communicative action’, the Habermasian notion of engagement in argument and dialogue between equals. The article argues that the current crisis in Russia-EU relations is partly the result of the perception on the Russian side that there never was such communicative action – because Russia was not treated as an equal partner in dialogue, and its views/interests were ignored in a number of cases. On this account, Russia therefore became more assertive, culminating in the Ukraine crisis and Russia’s outright aggression which it tried to defend using perception management, echoed by the EU’s counter-disinformation campaign. We are therefore closer to ‘communicative distraction’ – attempts to control image and opinion – rather than the debate and dialogue inherent in communicative action. Nevertheless, the article argues that even within these rival perception managements, there is engagement in argument over norms and the application of norms in specific cases. In the present crisis of Russia-EU relations, we cannot expect more; but the fact that there is some form of argument might still provide a potential basis for fuller dialogue in the future.

Russia, EU, Perception Management, Information Warfare, Communicative Action
In the ‘Shadow’ of the EU: Perceptions of China and Strategic Considerations in Poland and Ukraine
Authors: Sabatovych Iana , Wang Xiwen
Published: May 2022

The European Union (EU) has continuously extended its presence in the post-communist neighbourhood through the offer of membership and/or closer political and economic association. Meanwhile, the growing competition among various powers in the region brings a potential of new divisions in Europe, as Ukraine’s crisis demonstrates. Furthermore, while the presence of such powers as the United States (US) or Russia is somewhat traditional for the region, China’s growing economic engagement with post-communist states reveals its potential to become an equally important actor. This article examines this potential of China on the examples of Poland and Ukraine, as both countries share geographic and historical similarities but differ in their Europeanization progress. We believe that this convergence with the EU may affect the way Ukraine and Poland perceive and accordingly engage with China and test this hypothesis within the neoclassical realist framework. We find that the perceptions of China in the two countries affect the intensity of their engagement with China, especially when the EU is concerned. Moreover, the effectiveness of the relationship-building with China, in line with neoclassical realism, depends on the extent to which their political decisions are guided by strategic considerations as opposed to perceptions of international affairs. This is true for the dynamics of China’s relations with the two countries not only in the long run but also in light of the most recent developments in the international arena.

perceptions, China, the EU, Poland, Ukraine, Russia
The ‘Palm Oil Wars’ or How the EU’s ‘Inflated’ Common Commercial Policy Might Need to Prioritize Its Non-trade Values
Authors: Gáspár-Szilágyi Szilárd
Published: May 2022

In this article I rely on the recent ‘Palm Oil Wars’ between the EU, Malaysia, and Indonesia to illustrate how the EU’s ‘inflated’ Common Commercial Policy (CCP) is becoming increasingly difficult to manage. The CCP’s expansion in scope, the external effects of internal EU environmental legislation, the increased role of the European Parliament in the conclusion of international agreements, as well as the EU’s constitutional mandate to pursue non-trade values in its external and trade relations has increased the number of issues and players that can affect the negotiation of preferential trade agreements. As a possible solution, I propose that the EU should prioritize its non-trade values and objectives, among which one can mention the protection of human rights, the promotion of democratic values, the rule of law, sustainable development, environmental protection, and investment protection. For higher non-trade values, the EU should follow a principle-based approach, even if the risk is that no agreement will be concluded; for medium-level values, the EU should follow a more concessionary approach and accept certain trade-offs in order to keep concluding trade agreements and remain a credible international partner, whilst lower non-trade values or objectives can be excluded from the negotiations if they risk jeopardizing them.

Palm Oil Wars – Common Commercial Policy – EU environmental legislation – nontrade values
Attitudes Towards the European Union in the MENA Region: The Case of Saudi Arabia
Authors: Isani Mujtaba , Schlipphak Bernd
Published: May 2022

What shapes Saudi attitudes toward the European Union (EU)? Previous research has only shed some light on attitudes towards the EU in the Middle East and North Africa (MENA) region. This article aims to extend this line of research by investigating Saudi perceptions of the EU in the context of Vision 2030s Strategic Partnership Programme that intends to push forward integration between Saudi Arabia and other regional blocs. Combining literature on Arab public opinion and perceptions of the EU, we argue that attitudes towards prominent countries such as Germany and the United States can serve as heuristics in the formation of Saudi EU attitudes. Moreover, traditional cosmopolitan factors may also have an impact. We empirically test our argument using data from the second wave of the Arab Barometer and an original survey carried out at the King Fahd University of Petroleum & Minerals (KFUPM), Saudi Arabia. Our findings confirm that Saudi EU perceptions seem to be informed by their view of the United States but especially of Germany. Having provided evidence on Saudi attitudes toward the EU, we discuss theoretical and methodological implications emanating from our research.

attitudes, European Union, Saudi Arabia, Germany, heuristic, Vision 2030
Preventing What for Whom?: EU Conflict Prevention Efforts in Pursuit of Autonomy
Authors: Mustasilta Katariina
Published: May 2022

Conflict prevention has formed an integral part of the European Union’s (EU’s) Common Foreign and Security Policy (CFSP) since the early 2000s, with investments in civilian peacebuilding and conflict prevention competences suiting well with the Union’s ‘civilian’ or ‘normative’ power role. The transforming international order is, however, changing the strategic environment also for the Union’s and its Member States’ conflict prevention and peacebuilding efforts. This article analyses the implications of the evolving strategic autonomy debate for the EU’s role conception and concrete action in the realm of conflict prevention. While the search for a more capable EU in security and defence does not automatically counter the Union’s selfconception as a conflict preventor and peacebuilder, it does appear to introduce meaningful shifts in the core objectives and values guiding its external action in conflict situations. An analysis of the EU’s rhetoric and concrete uses of its institutional conflict prevention and peacebuilding tools in recent years in Africa suggests a growing centralization of security and geopolitical considerations at the expense of the core ethos of conflict prevention.

EU, Conflict prevention, Strategic autonomy, CFSP- Arica, Instrument contributing to stability and peace (IcSP)
EU Open Strategic Autonomy and the Trappings of Geoeconomics
Authors: Gehrke Tobias
Published: May 2022

The EU’s new trade strategy promises to advance open strategic autonomy that is to balance the benefits of economic interdependence with growing demands to manage Europe’s exposure to the risks it entails. What explains these shifting priorities? This article situates open strategic autonomy in the theoretical debates of International Political Economy (IPE) literature on economic interdependence and geoeconomics to aid our understanding of the debates ensnaring economic strategy in the EU, but also related debates in the United States, China and elsewhere. This framework, the article argues, helps us understand changing strategic priorities in economic policy by reference to wider structural shifts engulfing the global economy. It then identifies four priority targets of EU economic policy in which (new) autonomous policies are forthcoming: (i) tackle economic distortions; (ii) defend against economic coercion; (iii) link with values and sustainability; and (iv) protect critical assets and supply chains. These observations build towards addressing the main research question: Has open strategic autonomy turned a corner on EU principles of openness, liberalization and international cooperation?

trade and investment, European Union, geoeconomics, International Political Economy
Suspicious Neighbour: Russia’s Role in the Quest for the EU’s Strategic Autonomy
Authors: Utkin Sergey
Published: May 2022

The article explains the roots, the essence and the consequences of the Russian approach to the European Union’s idea of strategic autonomy. While the EU’s ambition is treated with a degree of hope for a more balanced world by the Russian academic community, the official attitude is clearly sceptical. Russian understanding of sovereignty leaves little place for such a specific actor as the EU. At the same time, Russia itself is struggling to ensure autonomy and equilibrium on the global level. In spite of the high scepticism with regard to the future of the strategic autonomy, its success would matter for Russia, especially in the field of economy and digitalization. The process of acquiring strategic autonomy would be, on the other hand, influenced by the perception of the Russian challenge. Attention is also paid to the transatlantic bond, which is interpreted very differently – with constant suspicion in Russia and as a helping tool in the West. The new stage of world politics is set in Asia, where the EU and Russia will struggle to ensure their positions in competition with more adapted actors. Overall, the EU’s strategic autonomy discussion is most important for countries that can in some way contribute to achieving it, which Russia is not.

Russia, EU, NATO, Sovereignty, Autonomy, Transatlantic Dependency, Asia, Digitalization
Land Registration Systems & Discourses of Property
Authors: Vern Flora
Published: May 2022

This article discusses the relations between land registration systems and underlying discourses of property from a comparative perspective. It is based on the example of French law which, characteristically, uses a declaratory land recordation system, i.e., registration is informative in nature, it affects the rules of evidence but it does not convey property nor does it affect complete strangers in any way. It is found that such a system implies that people will need to prove their ownership of land, and therefore presupposes rules of evidence which are based on possession or title to possess, since land registration is not used for that purpose. The historical reason for this choice was inherited from the French Revolution. It rests on the idea that property is held from no one, least of all from the State. Most countries in the world have opted for a land registration system which is constitutive of title, meaning that the State guarantees the registered owner’s title to land. This system was originally inherited from the remnants of the feudal system in which land was held through a tenure, i.e., from someone else. This conception of ownership also traditionally implies a greater tolerance – in legal discourse – for legislative or State interference in the ownership of land which is merely granted by public authority. It may therefore be said that the more efficient the title, the less absolute ownership seems to be, at least in the collective imagination of lawyers as to what property entails.
Contractual Performance, Breach of Contract and Contractual Obligations in Times of Crisis: On the Need for Unification and Codification in European Contract Law
Authors: Jentsch Valentin
Published: May 2022

The sanctity of contracts, a guiding principle of contract law in civil law systems, requires that both or all contracting parties be expected to meet their contractual obligations, thereby ensuring efficacy and efficiency of private ordering. Under extraordinary circumstances, however, legal systems provide for mechanisms, which may excuse contractual performance or lead to adaption or termination of contractual obligations. Since the coronavirus pandemic, these mechanisms have clearly gained traction. Drawing on five important civil law jurisdictions (Germany, Austria, Switzerland, France, Italy), this article elaborates on excuses of contractual performance and remedies for breach of contract and on adaption or termination of contractual obligations. The article aims to address the fundamental questions, whether these excuses and remedies and institutions on adaption or termination still serve their purpose in times of pandemic or whether and to what extent a uniform breach of contract action or a codification of such institutions is needed in European Contract Law. A functional and comparative approach is used to unfold and analyse these timeless questions from a contemporary perspective.
Key Features of Private Foundations in a Comparative Law Approach: With Special Emphasize on Asset Management
Authors: Sándor István
Published: May 2022

The aim of this study is to provide a comprehensive presentation of the peculiarities of private foundations in certain legal systems. The study reviews the formation of private foundations, their current legal background and change trends. The research covers the features of certain characteristics of private foundations, such as the establishment and operation of the various bodies. Particularly important factors include the possibility of economic activity at private foundations, the regulations related to the necessary assets, and state supervision. The legal background of private foundations in many cases provides an opportunity to compete with trusts and business companies, especially in terms of planning, managing and protecting assets as well as enabling generational asset transfers.
The Foundations of the Unworthy Heir Rule in Romania
Authors: Bob-Bocșan Mircea Dan , Murphy Anthony Matthew Dima
Published: May 2022

Within the Civilian legal tradition, the unworthy heir rule has been established on both objective and subjective grounds. In France, the Code Napoleon enshrined said rule as a creation of law, without the deceased having any say in its operation. The Napoleonic model was later borrowed into the civil codes of Italy and Romania, thus expanding the doctrine of an objective unworthiness to their legal systems. Nevertheless, the Romanian Civil Code of 2009 empowered the deceased to remove said penalty through an explicit pardon. Since this new prerogative is a distinctive feature of the subjective foundation, the reform has rather significant implications for Romanian succession law. Essentially, the authors argue that the unworthy heir rule has always been founded upon a mixture of public policy and private interest, with the only variable being the dominating factor. Within the broader field of succession law, the legislator aims to achieve balance between the imperative nature of public policy and freedom of testation on the one hand, and between the private interests of the deceased and his family on the other. Whilst the Civil Code of 2009 does restore the Roman notion of an unworthiness subordinated to the deceased’s intention, it also preserves the public policy foundation. Its real merit consists of acknowledging that the very concept of inheritance is based upon the presumed intention of the deceased: an unworthy heir forfeits his right to inherit the deceased as a result of breaching the bond of affection which is presumed to exist between them, yet only the latter can have the final say in this matter. In contrast, the Civil Code of 1864 failed to achieve such a balance since it transplanted an ideologized public policy, residue of the French Revolution.
The Liability of Internet Service Providers in the Proposed Digital Services Act
Authors: Tommasi Sara
Published: May 2022

The intent of the essay is to verify if the Proposal on a Single Market For Digital Services (Digital Services Act), in the part where it aims to define the provider’s liability for illegal activity or illegal content stored at the request of a recipient of the hosting service, ends up providing greater protection for the passive provider than the Electronic Commerce Directive. It is also the intent to examine to what extent the actual increased protection of the passive provider is compensated for by greater rigor in ruling out the possibility of the providers playing an active role in hosting.
The Unbearable Lightness of Informed Consent in Post Mortem Fertilization
Authors: Grasso Elena
Published: May 2022

The current increase in global infertility rate and the consequent access to medically assisted procreation have contributed to the fragmentation of the reproductive process. This is also due to the development of cryopreservation techniques for gametes and embryos, whose use is therefore progressively delayed over time, sometimes even after the death of one of the partners. However, few European countries permit post mortem fertilization. Following a reconstruction of the legislation of those EU Member States allowing the practice, this contribution focuses on the jurisprudential reaction in countries, such as France, Germany and Italy, where post mortem fertilization is prohibited by the legislature. In doing so, the role of informed consent is highlighted, especially where it was not expressed by the deceased, due to an unexpected and sudden fatal event, and the surviving partner wants a child from the deceased. Based on a comparison with the findings of US scholars, this article elaborates further on the advantages of the default option in gamete retrieval for procreative purposes, which is increasingly requested also by parents looking for genetic continuity. Perceived differently outside the Western legal tradition, the lack of offspring opens the doors to recognize the interest of pursuing by post mortem fertilization a family genetic heritage.