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Some problems of protecting the rights of beneficiaries in the execution and termination of a grant agreement awarded by the European Commission
It is obvious now that the objective of strengthening scientific and technological bases is not only the goal of individual states but an objective of integration organisations as well. Europe produces a third of the world’s new knowledge, but creativity and dynamism in the field must be stimulated
inter alia
by financial means. For this purpose in 2021 Framework Programme Horizon Europe was launched. However there are still questions to be resolved by legal science and practice in order to clarify legal rules covering relations between parties to grant agreement concluded under EU law. Some of that matters deal with the rules governing the process of repayment of funds received by a Beneficiary from the European Commission under a grant agreement. In this paper the author analyses legal nature of documents issued by the Commission in order to get the financing back and requirements applicable to the content of such documents. The author studies possible arguments for and against qualification of Commission documents containing demands of the repayment as a legal acts of the EU institution challengeable under Article 263 Treaty on the Functioning of the European Union and analyses possible requirements to the content of such documents from the perspective of future court proceedings.
Journal Article
Elusive justice : women, land rights, and Colombia's transition to peace
Fifty years of violence perpetrated by guerrillas, paramilitaries, and official armed forces in Colombia displaced more than six million people. In 2011, as part of a larger transitional justice process, the Colombian government approved a law that would restore land rights for those who lost their homes during the conflicts. However, this restitution process lacked appropriate provisions for rural women beyond granting them a formal property title. Drawing on decades of research, Elusive Justice demonstrates how these women continue to face numerous adverse circumstances, including geographical isolation, encroaching capitalist enterprises, and a dearth of social and institutional support. Donny Meertens contends that women's advocacy organizations must have a prominent role in overseeing these transitional policies in order to create a more just society. By bringing together the underresearched topic of property repayment and the pursuit of gender justice in peacebuilding, these findings have broad significance elsewhere in the world. -- back cover.
Book
Conceptualizing Surety Credit
[...]it is the principal that owes the principal obligation under the original undertaking and knowingly accepted the benefit of the surety agreeing to the secondary obligation, which induced the obligee to enter into the underlying undertaking.\" [...]the concepts of exoneration and reimbursement were developed, respectively, to give sureties the right to (1) demand that principals perform the original undertaking in the first instance; and (2) demand repayment of their losses for performing the original undertaking if ultimately called on to satisfy their secondary obligation.\" [...]a surety bond is issued to, and secures, an obligee, but the premium on a surety bond is generally paid by the principal.'s· As previously discussed, a surety does not have any direct, principal obligation, only a secondary obligation. [...]the surety (1) holds a right of exoneration against the principal; (2) has recourse against the principal, obligee and other parties; (3) may assert the principal's defenses; and (4) may limit its liability according to the terms of the surety bond. A final important distinction is that a surety may require, pursuant to its rights, that the principal's and/or its liability be legally established prior to any payment. [...]a surety generally is not susceptible to tortious bad faith/breach of duty of good faith claims under a surety bond in the same way that an insurer may be under an insurance policy.\" [...]related to the first, letters of credit operate pursuant to the \"independence principle,\" whereby the issuer holds direct rights and obligations to the beneficiary under the letter of credit entirely independent from the rights and obligations between the applicant and the beneficiary;\" in contrast, the suretyship relation intertwines the rights and obligations among the principal, obligee and surety.
Journal Article
Property Law Old and New: The Beneficial Interest Under a Trust
Understanding the nature of the rights held by the beneficiary of a trust has been far from straightforward. The prevailing orthodox position in English law is that the beneficiary has an equitable proprietary right in rem with title to the trust property conceptually split between the trustee’s legal title and the beneficiary’s equitable title. It is this conceptual duality between legal and equitable title to the trust property that has been most objectionable to lawyers of the civilian tradition. However, the position of the beneficiary in English law is in fact much more nuanced and contested. The debate has been reinvigorated in recent years by scholars arguing that the beneficiary’s right is not proprietary, he simply has a right against the trustee’s right to the trust property. Responses to this theory reveal that we remain at somewhat of an impasse. Building on recent work by David Foster, this article seeks to move the modern debate on by considering the nature of the beneficiary’s interest in its proper historical context. By placing the debate on the nature of the English trust on firmer historical foundations, the English trust can be seen to be a deeply practical device with a dual contractual and proprietary nature, which in turn better informs common lawyers, civilians and comparativists on the nature of trusts and trust-like devices.
Journal Article
The end of liberal international order?
These are not happy times for liberal internationalists. No one can be sure how deep the crisis of liberal internationalism runs. However, in what follows, I argue that despite its troubles, liberal internationalism still has a future. The nature of the crisis is surprising. The threats to liberal internationalism were expected to come from rising non-western states seeking to undermine or overturn the postwar order. In the face of hostile, revisionist states, the United States and Europe were expected to stand shoulder to shoulder to protect the gains from 70 years of cooperation. But, in fact, liberal internationalism is more deeply threatened by developments within the West itself. The centrist and progressive coalitions that lay behind the postwar liberal order have weakened. Liberal democracy itself appears fragile and polarized, vulnerable to far right populism and backlash politics. In recent decades, the working and middle classes in advanced industrial democracies—the original constituencies and beneficiaries of an open and cooperative international order—have faced rising economic inequality and stagnation. Within the West, liberal internationalism is increasingly seen, not as a source of stability and solidarity among like-minded states, but as a global playing field for the wealthy and influential. Liberal internationalism has lost its connection to the pursuit of social and economic advancement within western countries.
Journal Article