International Law and International Relations
In: Politologický časopis, Band 16, Heft 1, S. 77-79
ISSN: 1211-3247
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In: Politologický časopis, Band 16, Heft 1, S. 77-79
ISSN: 1211-3247
In the paper, the nature of official development assistance (ODA) viewed as a component of general international aid is considered, and mechanisms for providing aid in the context of international promotion of sustainable development are described. Also, the current world trends of providing official development assistance are highlighted, and constantly increasing amount of aid is determined. The latter demonstrates that the donor countries ensure the compliance with their international obligations related to the provision of concessional financing, and technical assistance to support the efforts that are being made by countries in the field of development.The dynamics in the amount of official development assistance is analyzed, and distribution of aid by sources of financing, regions, recipients and sectors is outlined. It is found that the largest flows of ODA go mainly to countries in Africa and Asia, and the smallest go to Europe, primarily to the education and healthcare sector, social infrastructure and economic development.It is pointed out that in Ukraine, one of the largest recipient countries of ODA in Europe, there is no holistic mechanism for analyzing the receipt, distribution and control of official development assistance viewed as an instrument of general international aid.The main challenges of mobilizing foreign assistance to Ukraine are outlined and key steps in addressing these matters are proposed. In order to promote efficient use of aid offered by foreign donors in the form of international assistance for the implementation of development programs in Ukraine, the following steps should be taken: to develop a public strategy for using international aid and a system of control for monitoring over international projects; to design a sound mechanism for analyzing the receipt, distribution and control of foreign assistance; to enhance staff performance in development, support and management of international projects in accordance with the requirements of providers of international aid; to establish a single coordinating body responsible for mobilizing international assistance.Taking these steps will increase the efficiency of using aid offered by foreign donors in the form of international assistance for the implementation of development programs and provide an opportunity to pursue sustainable development goals in Ukraine.
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In: Politologický časopis, Band 15, Heft 4, S. 361-363
ISSN: 1211-3247
The research paper has been dedicated to the generalization and systematization of scientific achievements of representatives of international environmental direction of economic studies on Ukraine's international issues.The notion of «Ukraine's international studies» has been defined at the research. They are both studies of regularities and peculiarities, factors, subjects, values, directions, priorities, formation and realization of Ukraine's politics on the international arena and international studies in which Ukraine is an object.Reviewed scientific results of author's abstracts of Ukrainian doctoral and candidate theses, economic directions of Ukraine's international studies have been proposed. They are: theoretical, competitive, foreign economic, integration, security and international environmental. Theoretical direction of economic studies on Ukraine's international issues deals with phenomena of social-economic systems, a national economy, a cooperation between society and state in economic processes and an economic component of society functioning. Competitive direction of economic studies on Ukraine's international issues investigates phenomena of a national competitiveness, its components and a transit potential of Ukraine. Integration direction of economic studies on Ukraine's international issues researches phenomena of the international and regional integration of Ukraine. The security direction of economic studies on Ukraine's international issues investigates phenomena of the economic security of Ukraine and its components. Foreign economic direction of economic studies on Ukraine's international issues deals with phenomena of international economic relations of Ukraine, her foreign economic activity and her trans-boarder cooperation. International environmental direction of economic studies on Ukraine's international issues investigates international factors of the development of the national economic of Ukraine.Scientific results of representatives of the international direction of economic studies on Ukraine's international issues have been under analysis at the research paper. They had proposed new scientific results and further elaboration of phenomena of the economic sovereignty of Ukraine, the stability of the national economy, a local clasterization, the foreign debt of Ukraine, an international investment, an international technical assistance, the international trade of tourist services, an international migration, a transnationalization, a state regulation of the national economy and the international image of Ukraine.Key words: Ukraine's international issues; economic studies; international environmental direction. ; Узагальнено науковий доробок представників міжнародносередовищевого напряму економічних досліджень української міжнародної проблематики. Висвітлено наукові результати дисертаційних праць дослідників цього напряму з розробки феноменів економічного суверенітету держави, стійкості національної економіки, локальної кластеризації, зовнішньої торгівлі, іноземних кредитів, зовнішнього боргу, іноземних інвестицій, міжнародної технічної допомоги, міжнародної торгівлі туристичними послугами, міжнародної міграції, транснаціоналізації, державного регулювання національної економіки, міжнародного іміджу країни.Ключові слова: українська міжнародна проблематика; економічні дослідження; міжнародносередовищевий напрям.
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The article deals with the issue on the correlation, study and usage of the international relations history theoretical foundations as a sufficiently specific scientific direction, combining the features of historical and political sciences, in particular world history, the history of diplomacy, political science, the theory of the international relations, etc. The emergence of the international relations history is connected with the development of national historical sciences, the study of the history of diplomacy, geopolitical concepts, the theory of international relations, etc. The results of the scientific study of the international relations history have laid the basis for the common international processes study. Throughout the XX-th century this direction was actively developing, been influenced upon by the confrontation of political systems. Accordingly, antagonistic ideologies were used, a sample selection of historical facts and sources was carried out. Such issues as the concept and the subject of the international relations history, its periodization, and relations with the world history, history of diplomacy, the theory of international relations and other scientific directions still remain controversial.
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The article considers the role of tourism in the world economy, analyzes the current state of international tourist flows in Ukraine, identifies the main problems of this industry and determines the further prospects of tourism development. At present, a market of tourist services, which are in great demand, is being formed. Analysis and forecast of aggregate demand in the world tourist market has shown that the number of tourists every year increases, and trends in increasing the tourist flow in the near future will maintain. The situation with tourism in Ukraine is unstable: since 2000, tourist flows to our country grew each year until 2014, when the number of tourists dropped sharply due to the global financial crisis, political, economic and social tension in Ukraine, the annexation of Crimea. However, in 2016, compared with 2015, tourist flows to Ukraine grew by 6.77% (from 12.4 million people in 2015 to 13.3 in 2016). Ukraine has continued to import tourist services in recent years. This is because our tourists go on vacation to foreign countries and there finance their tourism activities, paying for the relevant services. The advantage of importing tourism over exports negatively affects the general state of the economy of our country. Nevertheless, the study of inbound and outbound tourist flows of Ukraine allows us to conclude that their unconstrained increase during 2000-2016, which results, among other factors, in increasing the tourist activity of Ukrainian citizens, saturation of consumer demand with a national tourist product, on the one hand, and increase the interest of foreign citizens in the national tourist market.
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In: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Heft 111, S. 25-31
The purpose of this article is to clarify the system and a thorough analysis of the sources of international legal regulation of working time. Dur- ing the study a number of methods have been used, namely: the formal-logical method has been used for the classification of sources of interna- tional legal regulation of working time and relevant international agreements; the system-structural method and the synthesis method – for the analysis of the provisions of the EU Directive 2003/88/EC on certain aspects of the organization of working time, as well as the formal-dogmatic and modeling method – for providing recommendations on the harmonization of national legislation with to the relevant Directive.
This study analyzes the system of international legal regulation of working time, which is a complex orderly set of international treaties, EU leg- islation and ECHR practices that underpin fundamental principles and international labour standards in the field of working time. The scientific work presents the classification of sources of international legal regulation of working time for: 1) international agreements; 2) EU legislation; 3) ECHR practice. Since most of the sources of international legal regulation of working time are international treaties, it is proposed to classify them accord- ing to the entities within which the following treaties are concluded: 1) treaties within the UN; 2) treaties within the Council of Europe; 3) treaties within the ILO; 4) treaties within the EU. ILO treaties are proven to be crucial in the area of international legal regulation of working time, as the ILO is an international organization, a specialized UN agency, established to support international cooperation in peacekeeping around the world and to reduce social injustice at the expense of improving workingconditions.
First of all, for the qualitative perception of the provisions relating to international legal regulation of working time, it is necessary to define the con- cept of "international labour standards", which is applied in the framework of the ILO activities. International labour standards are legal instruments developed by the ILO (taking into account the principle of tripartite representation – governments, workers and employers) that set out the fundamental principles and rights in the field of labour. The main forms of consolidation of such standards are ILO conventions and recommendations.
The provisions of sources of international legal regulation of working time are studied, attention is paid to their peculiarities and specificity. A number of recommendations have been made to further implement the provisions of Directive 2003/88/EC on certain aspects of the organization of working time in national labour law. In particular, it is established that this Directive establishes minimum safety and health requirements for the organization of working time and applies to: minimum periods of daily rest, weekly rest and annual leave, as well as breaks and maximum weekly working hours; some aspects of night work, shift work and workarrangements.
This article is devoted to the main problems in the institute of the death penalty. Nowadays, our society concentrates on the humanization of the rule-making framework, and especially on the loyal application of the punishment to the defendants. The State by establishing the death penalty takes away human life and it denies the honor, dignity and social value of human beings as the main goal of the states and social existence. The main idea of this article to analyze the institute of the death penalty, to explore and make statistics of states where it still exists and to determine reasons for its application. Therefore, the author considered the main aspects of the institution of the death penalty and the right to life, their legislative consolidation and concluded that the problem of the death penalty is one of the biggest problems in international law. In today's society, a lot of issues concerning the rightness and legality of the use of the death penalty exist. In this regard, the article focuses on the main regulations in which the prohibition of the death penalty is enshrined, these include the Second Optional Protocol to the International Covenant on Civil and Political Rights and Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms on the Abolition of the Death Penalty and the like. The concept of the death penalty, history and current state of its development in the world are also revealed. Also, the author analyzed the doctrine of scholars on this issue and consented that the death penalty is contrary to the principle right to life, which is the major one in international law. The author noted that many countries refuse to recognize international standards in this sphere and refuse to ratify the Protocols to international treaties abolishing the death penalty. Analyzing the issue of the death penalty, the author outlined numerous problems raised during conducting the study and noted that the international community has the task of solving the problems mentioned ...
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In: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Heft 108, S. 26-31
Currently, in Ukraine there is increase of process of labour migration of Ukrainian citizens abroad. In connection with what there is necessity of proper regulation of labour activity of migrant workers, implementation of measures to comply with international legal standards in the field of labour, implementation of measures regarding increase of the level of social protection of Ukrainian citizens traveling abroad and in case of their return from abroad.
The methodology is based on the general scientific dialectical method of cognition. Also, number of scientific methods were used. Legal regulation of labor migrants from Ukraine abroad was considered due to methods of analysis and synthesis. The directions of improving legal regulation of labor and social protection of migrant workers were identified by using structural and logical methods. Forms and methods of formal logic were widely used in the work: concepts, definitions, proofs, judgments, analogy, comparisons, generalizations, et
The aim of the article is to explore the mechanism of legal regulation of labour of migrants workers and identify ways of increase the level of social protection of Ukrainian citizens who are migrants workers. To achieve the goal the author analyzed the most important international legal acts that regulate legal migration. In the article the concept of migrant worker was analyzed and identified what kind of migrants is included to migrant worker. Particular attention is paid to analyses of bilateral agreements concluded by Ukraine with other countries on the employment and social protection of migrants. Content was determined of the employment contract and its role in regulating the legal relations of migrant workers with foreign employers. The basic guarantees of social protection of migrant.
In the article the author determined the necessity Ukraine joins to the main international conventions that regulate labor migration issues, the provisions of which should be the basis for the legal regulation of labor migrants' activity and ensuring their rights are respected. The necessity to conclude bilateral interstate agreements on regulating the employment processes of Ukrainian citizens abroad, guarantees that arise in the course of labor activity of migrant workers and social security issues, was determined. First of all, such agreements should be concluded with the countries with the highest number of migrant workers.
The article deals with the provisions on international adoption through the prism of the Hague Convention on the Protection of Children and Cooperation in the field of International Adoption in 1993, the problematic issues adopted by foreign nationals. Issues of legal conflicts between the Hague Convention and Ukrainian legislation on the prohibition of same-sex marriage and its impact on inter-state adoption have been identified. In order to ensure more effective control and supervision of the fate of adopted children, it is proposed to create an international legal database (database) and to establish a single register of adopted Ukrainian children by foreign nationals. To resolve the issue of allowing same-sex couples to adopt a Convention, initiate before the United Nations the right of countries with the prohibition of same-sex marriage to admit a convention of non-acceptance of this article (as prohibited by Article 40 of the Convention) for the purpose of further implementation in the legislation of both our state and other states. with a reservation (restriction, exclusion) to strengthen the normative international regulation of the protection of the rights of the child. Regarding the issue of abuse of international adopters, we consider it necessary to offer an alternative - to strengthen by means of legislative enshrining in both national and international law measures to protect the life of the child as an object of international adoption by increasing the degree of control over the adoption and subsequent fate of the child in the form of specially created reports each country's Interstate Adoption Authority. To ensure more effective control and supervision of the fate of adopted children, we propose to create an international legal database (database) and to establish a single register of adopted Ukrainian children by foreign citizens.
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The article analyzes the role of different international organizations and the European Court of Human Rights (ECHR) in the field of international protection of children's rights. The main idea of the article is to determine modern methods and mechanisms of protection and realization of children's rights in international law. Much attention is given to the fact that there are a lot of different international documents that regulate this issue. The author analyzed such documents are Convention on the Rights of the Child, the Declaration of the Rights of the Child and expressed her opinion on their effectiveness. It is described in short the protection of children's rights at the regional level. The article outlines the opinions and views of various scholars who had been working in the field of child rights protection. The article admonishes that everybody has the right to apply to the European Court of Human Rights in case of violation and non-recognition of rights. The article states that numerous ECHR decisions exist on issues related to the protection of the rights of the child based on the provisions of international law. The article defines some problematic aspects of the protection of children's rights. Some attention is drawn to the collisions of the legal regulation of this issue and cases of violation of the rights of the child. Theoretical concepts and practical experience regarding the international protection of the rights of the child in international law are explored in the article. The author mentions that the national legislation of some countries in the sphere of children's rights is not perfect enough. Therefore international standards have to serve as a basis on which it would be possible to construct and develop a domestic law system that will respect children's rights. It is stressed that in the modern world exists a tendency for recognition of almost all rights and interests of the child. It is reported that new mechanisms for the protection of children's rights are developing because ...
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Глобалізація світової економіки, вплинула і на розвиток туристичного сектору. Сучасний туризм відкриває особливості масового туристичного продукту разом із його стандартизацією та серійним виробництвом, спеціалізацією та різноманітністю його пропозицій, а також із сучасним продажем та рекламою, часто віртуальною. Розвиток світової економіки туризму є результатом задоволення людських потреб, починаючи з потреби на відпочинок та дозвілля, відновлення фізичних сил, споживацьких потреб і закінчуючи розумовими потребами: новий досвід, сприйняття та пізнання. Було визначено поняття глобалізації, що це є сукупність процесів інтенсифікації економічних, політичних, соціокультурних відносин, що розгортаються поверх державних кордонів. Систематизовано статистичну інформацію, яка є невід'ємним доказом розвитку глобалізації в міжнародному туризмі. Виявлено проблеми, які існують на сучасному етапі розвитку міжнародного туризму та процесів глобалізації. Систематизовано основні риси процесу глобалізації бізнесу. Визначено значення процесу глобалізації для розвитку міжнародного туризму. Розглянуто процес утворення глобальних туристських об'єднань. Подано поняття турпродукту та місце ТНК в міжнародному туризмі. Турпродукт, як відомо, представляє комплекс послуг, що надаються туристу, і часто споживається за кордоном. Глобалізацію в туризмі можна визначити як процес різкого посилення туристичних потоків, а також потоків послуг, капіталу, інформації та технологій, як правило, не потрапляють під регулювання національних урядів. Глобалізація має довготривалий характер, а її рушійною силою є, перш за все, революція у сфері інформаційно-комунікаційних технологій, лібералізація ринків і загострення міжнародної конкуренції. ; The globalization of the global economy also influenced the development of the tourism sector. Modern tourism opens the peculiarities of the mass tourist product along with its standardization and serial production, the specialization and variety of its offers, as well as with modern sales and advertising, often virtual. The development of the world economy of tourism is the result of satisfaction of human needs, from the need for rest and leisure, the restoration of physical strength, consumer needs and ending with mental needs: new experience, perception and knowledge. The concept of globalization was defined, this combination of processes of intensification of economic, political, socio-cultural relations, unfolding floor of state borders. Statistical information is systematized, which is an inalienable proof of the development of globalization in international tourism. The problems that exist at the present stage of the development of international tourism and the processes of globalization are revealed. The main features of the process of globalization of business are systematized. The importance of the globalization process for the development of international tourism has been determined. The process of formation of global tourist associations is considered. The concept of tourist products and the place of TNCs in international tourism is presented. Tourist products are known to represent a complex of services to tourists, and are often consumed abroad. Globalization in tourism can be defined as a process of sharpening the flow of tourism flows, as well as flows of services, capital, information and technology, as a rule, do not fall under the control of national governments. Globalization has a long-term character, and its driving force is, first of all, the revolution in the field of information and communica tion technologies, market liberalization and the exacerbation of international competition.
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The article deals with the correlation between the European Union law and international law. Constant participation of the European Union and its members in international organizations gave a rise to the need for establishment of interrelation between the sources of international law particularly international agreements and customs and sources of European Union law such as regulating agreements and acts of the EU institutions as well as necessity to identify which norms should be applied in a certain case and which hierarchical connections exist in these sources. This issue was research by numerous Ukrainian and foreign scholars such as T.V. Komarova, O.V. Plotnikov, K. Zigler, I.I. Maryniv, R. Jennigs, K. Tomushat and others. But unlike scientific research EU agreements do not have any provisions which would identify the type of relations between EU law and international law. It is also necessary to note that the only subject which position is important in this sphere is EU Court. In order to answer the mentioned questions decisions of the EU Court which had an impact on the formation of a new law and order on international level such as the one of the European Union (for example decision in case Van Gend en Loos) and decision of the Court which established fundamental positions regarding correlation of EU law and international law (for example in case Kadi v Council and Commission) were researched into. Provisions of EU regulating agreements related to international agreements and their place in the system of norms of the European Union were analyzed. To see the procedure of applying customary law in European law case law of the EU Court was researched. The article provides modern position of the EU Court regarding interaction between European and international law.
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In: Verfassungsrecht in Forschung und Praxis Band 131