Svodboda party - the new phenomenon on the Ukrainian right-wing scene. OSW Commentary No. 56, 2011-07-04

Even though the national-level political scene in Ukraine is dominated by the Party of Regions, the west of the country has seen a progressing increase in the activity of the Svoboda (Freedom) party, a group that combines participation in the democratically elected local government of Eastern Galicia with street actions, characteristic of anti-system groups. This party has brought a new quality to the Ukrainian nationalist movement, as it refers to the rhetoric of European anti-liberal and neo-nationalist movements, and its emergence is a clear response to public demand for a group of this sort. The increase in its popularity plays into the hands of the Party of Regions, which is seeking to weaken the more moderate opposition parties (mainly the Yulia Tymoshenko Bloc). However, Svoboda retains its independence from the ruling camp. This party, in all likelihood, will become a permanent and important player in Ukrainian political life, although its influence may be restricted to Eastern Galicia. Svoboda is determined to fight the tendencies in Ukrainian politics and the social sphere which it considers pro-Russian. Its attitude towards Russia and Russians, furthermore, is unambiguously hostile. In the case of Poland, it reduces mutual relations almost exclusively to the historical aspects, strongly criticising the commemoration of the victims of the Ukrainian Insurgent Army’s (UPA) crimes. This may cause tension in Polish-Ukrainian relations, where they are affected by decisions made by local governments controlled by the Svoboda Party.

Testing limited environmental liability against human rights requirements. IES WORKING PAPER 3/2009

Questions regarding oil spills remain high on the political agenda. Legal scholars, legislators as well as the international, European and national Courts struggle to determine key issues, such as who is to be held liable for oil spills, under which conditions and for which damage. The international regime on oil spills was meant to establish an “equilibrium” between the needs of the victims (being compensated for their harm) and the needs of the economic actors (being able to continue their activities). There is, however, a constantly increasing array of legal scholars’ work that criticizes the regime. Indeed, the victims of a recent oil spill, the Erika, have tried to escape the international regime on oil spills and to rely instead on the provisions of national criminal law or EC waste legislation. In parallel, the EC legislator has questioned the sufficiency of the international regime, as it has started preparing legislative acts of its own. One can in fact wonder whether challenging the international liability regime with the European Convention on Human Rights could prove to be a way forward, both for the EC regulators as well as the victims of oil spills. This paper claims that the right to property, as enshrined in Article P1-1 of the Human Rights Convention, could be used to challenge the limited environmental liability provisions of the international frameworks.

Member State BITS after the Treaty of Lisbon: solid foundation or first victims of EU investment policy? Research Paper in Law, 02/2012

[Introduction.] This paper discusses the uncertain future of Member State BITs with third countries in the light of the developing EU investment policy. The question will be examined on the basis of the proposed Regulation establishing transitional arrangements for bilateral investment agreements between Member States and third countries presented by the Commission on 7 July 20101 and the European Parliament’s Position adopted at first reading on 10 May 2011.2 The proposed Regulation and the Commission Communication of the same day are meant to be the “first steps in the development of an EU international investment policy”.3 The first chapters present the legal framework relevant for this question and its evolution to better understand the particular challenges of this transition process. The second chapter examines the relationship of EU law and investment law, with a brief introduction of the notion of investment law and the scope of the EU’s new investment competence. The third chapter outlines the legal framework for the continuation and termination of treaties under international and EU law. The fourth chapter concerns BITs, first covering the particular nature of BITs and then the CJEU’s judgments in the BIT Cases of 2009. The fifth chapter consists of a step by step analysis of the different provisions of the proposed Regulation.