In the article examines the international experience in organization and legal support market surveillance, the current status and approaches to reform this sector in Ukraine in accordance with WTO requirements and EU, measures to improve it are founded.

This article aims to shed some light on the concepts embedded in the expressions ‘services of general interest’ (‘SGI’), ‘services of general economic interest’ (‘SGEI’), ‘non-economic services of general interest’ (‘NSGI’) and ‘social services of general interest’ (‘SSGI’). It is submitted that the expression ‘SGI’ conveys a general concept which comprises both SGEI and NSGI. SGEI may be distinguished from NSGI in that only the former involve an economic activity. In contrast to SGI, SGEI and NSGI, the expression ‘SSGI’ is (...) nowhere to be found in primary EU law. This means that it is for the EU legislator and, as the case may be, for the Member States to define such expression. Furthermore, this article supports the contention that a definition of the principles and conditions underpinning the operation of SGI must be capable of adapting to changing times and social perceptions, whilst being respectful of the vertical and horizontal allocation of powers set out in the Treaties. Vertically, a definition of SGI must not impinge upon the powers retained by the Member States. In the absence of harmonisation, it is for the Member States to define the services they consider to be of general interest, unless they commit a manifest error of assessment. In the presence of EU harmonising measures, the margin of discretion enjoyed by the Member States is, if still existent, narrowed down, given that national authorities are required to comply with the objectives pursued by the EU legislator. Horizontally, a definition of SGI must not encroach upon the prerogatives of the Commission in the realm of competition law. Moreover, in light of Article 9 TFEU and secondary EU legislation, the specific features of SSGI must be taken into consideration when determining the compatibility with EU State aid rules of public service compensation awarded to the providers of those services. An EU conceptual framework for the SGI must thus be the result of a constructive dialogue between the different levels of governance, as well as of a balanced solution among different policy areas in relation to which the EU enjoys competences. (shrink)

World Trade Organization (WTO) Agreement includes the Annex 2 Dispute Settlement Understanding (DSU) that reveals with WTO dispute settlement rules and procedures. The Dispute Settlement Body (DSB) is hereby established to administer these rules and procedures. The article analyses the problematic issues of the direct effect of the DSB decisions in the European Union (EU) legal order. ECJ concluded that an individual does not have the right to challenge, the incompatibility of Community measures with WTO rules, even if the DSB (...) had previously declared the EU legislation to be incompatible with those rules. The position of the ECJ is based on the WTO dispute settlement system specifics—the importance of the negotiation between the parties, even after the DSB decision-making and lack of reciprocity, which means that major commercial partners of the EU does not recognize the direct effect of DSB decisions. (shrink)

According to the International Relations theory known as Realism, interstate interactions, whether ancient or modern, are motivated by the pursuit of hegemony of individual states, which act as monolithic groups in articulating their foreign policy decisions. The application of Realism to the study of Spartan foreign policy in the third century BC shows the validity of this theory in explaining certain aspects of ancient interstate interactions, as illustrated by the two alliances discussed in this article. The first, earlier alliance, between (...) King of Macedonia Antigonos Gonatas and Sparta and some Peloponnesian cities, was made in response to the threat posed by King Pyrrhus of Epirus who was set on conquering them. The later alliance, between Sparta and other states, was made to stop the ambitions of King Antigonos Gonatas who controlled many cities of the Peloponnese and sought to conquer the whole of Greece. In forging such alliances, according to the Realist view, the states acted as large monolithic groups, yet a broader assessment of the available evidence shows the presence of smaller, subtler networks of individuals, which were paramount in articulating important foreign policy decisions. The comparison of Spartan decision making with the activation in 2009 of the EU’s Solidarity Clause, included in Article 222 of The Treaty on the Functioning of the European Union (TFEU), indicates that the activation of this clause too required the consensus of several European governing bodies. By bringing to light the critical role played by smaller networks of power in foreign policy decision making in the ancient and the current-day EU alliances, this article exposes both the merits and the limits of the Realist international relations theory. (shrink)

The main research question that this paper aims to answer is: ‘In what does today’s attack on humanities consist and how can humanities be defended?’ In order to answer this research question, one needs first to describe how the humanities have argued for their usefulness before the Bologna Process; second, provide reasons for the claim that the Bologna Process would be a new type of attack; and third, analyse the new defences for the humanities, so as to discuss whether these (...) are suitable. The main finding of this study was to show that, before deciding what type of education society needs, we need to understand who we are educating through our universities. Taking a stance on “who should we educate?” is prior to being able to judge educational policies. This decision requires a previous justification that requires arguments taken from the field of social justice: Who needs to be educated and who has the right to be educated? Furthermore, we have seen that all answers we have examined to the question underlying educational policies, i.e. ‘who is being educated?’, were linked at some level with the citizenship issue. By defining who is a full citizen, an answer to the question who had the right to a humanistic education was implicitly answered. Nussbaum’s project to universalise the definition of democratic citizenship would ensure a basis for providing humanistic education for all. Such a line of arguing would provide humanities to the well-regarded status they had starting from the Renaissance times, but this time not as a device for exclusion, but inclusion for all. We have tried to show that, by defending the humanities, one defends the idea of a plurality of educational purposes, the right to build one’s life based on an education that is not submitted to the political goals of the day, ultimately the right to have a dissenting voice and a different perspective on life. By defending humanities, one defends the true ‘usefulness’ of education, namely its potential for constructing democratic citizenship for all. (shrink)

Certification for biofuels has been developed to ensure that biofuel production methods adhere to social and environmental sustainability standards. As such, requiring biofuel production to be certified has become part of EU policy through the 2009 renewable energy directive, that aims to promote energy security, reduce emissions and promote rural development. According to the EU RED, in 2020 10 % of our transport energy should come from renewable sources, most of which are expected to be biofuels. In this paper I (...) examine what biofuel certificates are, what they can achieve and what their limitations are. Methodologically, I will evaluate them using the standards of instrumental, practical and communicative rationality. With regard to instrumental rationality, I conclude that the EU RED makes an important but unjustified assumption in demanding certified biofuels for its target: that if biofuel production is sustainable, then biofuel use is too. I also argue that, where the EU assumes that biofuel certification is a sufficient means to achieve the EU RED’s goals, it is at best an insufficient means and at worst not a means at all towards achieving these goals. With regard to practical rationality, I argue that more attention needs to be paid to trade-offs between different goals in the EU RED, particularly with regard to providing investor security and not capping transport energy consumption. With regard to communicative rationality, I argue that the policy-making process of the EU RED has been seriously flawed, and that certification development processes also can improve significantly. (shrink)

Four decades have passed since the EU and China established diplomatic relations in 1975, and now became mutually indispensable economic partners, presenting both an opportunity and challenge. During that time, after the first market reforms were introduced in 1978, China has transitioned from a predominantly agricultural to industrial and service-oriented economy. On 11 December 2001, China also became the 143rd member of the WTO. The aim of this research is to quantitatively compare the US, EU and Chinese GDP from 1995 (...) to 2014, the US and Chinese outward FDI from 1995 to 2013, and the EU 28 Total Imports from and Exports to the US and China between 2002 to 2014, and analyse the impact of the exponentially rising Chinese investments in the European Union (EU). We have found that while the US economy experienced a regression in general, and exhibited outward FDI exponential decrease in particular, the Chinese outward FDI sustained an exponential growth. Our analysis has shown that the now weakened US dollar and diminished US economic and industrial power, along with the US designed and archaic post World War II European institutions, vitiated by the recent US Economic Recession, which has swept along the EU and all other US dependent foreign economies globally, are and will continue to experience the primary impact of the exponentially rising economic investment of China in the EU. Furthermore, we have found that the Chinese economic growth has been affecting both the EU identity and policies. Yet, its full effect is waiting to be realized. The Chinese investment in the EU is estimated to peak during the next decade, when China will become by far the foremost economic partner of the EU. This crossroad may be reached as soon as in few years’ time and contribute towards the EU – Asian regional stabilization. In the changing context of the Sino – EU - US relations, due to the exponentially growing economic prosperity and rising global influence of China, the EU international institutions and socio-political structures will re-emerge with the once forgotten access to the 21st Century Silk Road Economic Belt, “The Silk Road II”, between China and the EU in the foreseeable future. (shrink)

The papers collected in this volume exemplify some of the trends in current approaches to logic, language and computation. Written by authors with varied academic backgrounds, the contributions are intended for an interdisciplinary audience. The first part of this volume addresses issues relevant for multi-agent systems: reasoning with incomplete information, reasoning about knowledge and beliefs, and reasoning about games. Proofs as formal objects form the subject of Part II. Topics covered include: contributions on logical frameworks, linear logic, and different approaches (...) to formalized reasoning. Part III focuses on representations and formal methods in linguistic theory, addressing the areas of comparative and temporal expressions, modal subordination, and compositionality. (shrink)

There is a fundamental divergence of opinion between the EU and the US over how food products derived from genetically modified organisms should be labeled. This has less to do with safety, as moves towards the international harmonization of safety standards continue apace, and rather more to do with the consumers' right to know about the origins of the food they are consuming. This paper uses a framework drawn from the global public goods (GPG) literature of economics and the work (...) by international relations theorists on formal international organizations (FIO) to explain why there is presently no global consensus on the manner (voluntary or mandatory) in which GM food products should be labeled. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

What should the EU do about the fact that some Member States are backsliding on their commitments to democracy, supposedly a fundamental value of the EU? The Treaty provisions under Article 7 TEU are widely criticized for being ineffective in preventing such developments. Are they legitimate? I argue that the ultimate sanction of Article 7 TEU falls into a performative contradiction, which undermines its ability to coherently defend fundamental values. Instead, expulsion from the EU is the appropriate, coherent and legitimate (...) final political sanction for democratic and rule of law backsliding by a Member State. The argument has the following steps: In Part 1, I argue that the current Article 7 framework for responding to democratic and rule of law backsliding in the EU is normatively problematic, in that the mechanism currently in the Treaty undermines the values it purports to defend; in other words, it falls into a performative contradiction. It is undemocratic to deprive Member States of their right to vote in the Council while holding them subject to Council decisions. However, Part 2 studies relevant philosophical arguments from an adjacent literature on criminal disenfranchisement, concluding that allowing backsliding Member States to keep their voting rights in the Council _also_ taints the democratic character of Council decision-making. In Part 3, I consider the resulting paradox in light of the literature on militant democracy. Could militant democracy justify Article 7? I argue not; even if we accept the hypothetical justifiability of militant measures, they are not legitimate here since a democratically acceptable alternative exists that would safeguard the democratic character and legitimacy of Council decision-making: expulsion from the Union. I also address a central objection to an expulsion mechanism—that it would require treaty change and is therefore practically impossible. (shrink)

This paper critically engages the legal and political framework for responding to democracy and rule of law backsliding in the EU. I develop a new and original critique of Article 7 TEU based on it being democratically illegitimate and normatively incoherent qua itself in conflict with EU fundamental values. Other more incremental and scaleable responses are desirable, and the paper moves on to assess the legitimacy of economic sanctions such as tying access to EU funds to performance on democratic and (...) rule of law indicators or imposing fines on backsliding states. I hold such sanctions to be a priori legitimate, and argue that in some cases economic sanctions are even normatively required, given that EU material support of backsliding member states can amount to material complicity in their backsliding. However, an economic conditionality mechanism would need to be designed to minimize unjust and counterproductive effects. One way to pursue this could be to complement sanctions against the backsliding government with investment for prodemocratic actors in that state. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do (...) with "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

The European Clinical Trials Directive was issued in 2001 and aimed to simplify and harmonise the regulatory framework of clinical trials throughout Europe, thus stimulating European research. However, significant complexity and inconsistency remains due to disparate interpretation by EU member states. Critical care research has been particularly impacted due to variable and often restrictive consenting procedures for incapacitated subjects, with some countries requiring a court-appointed representative, while others recognise consent from family members and occasionally professional representatives. Furthermore, the absence of (...) a waiver of consent threatened to put an end to emergency research in Europe and was met with varied responses. Approval procedures by ethics committees are equally inconsistent, particularly those relating to provision of a single opinion for multi-centre trials. Although evidence is somewhat mixed, this complexity as well as a general increase in administrative and financial burden following the Directive has been shown to cause a reduction in clinical trial activity in Europe, particularly academic trials. We aim to clarify some of these inconsistent procedures, particularly those relating to informed consent of incapacitated subjects, as well as discussing some general weaknesses and possible improvements of the Directive ahead of its planned revision in 2011. (shrink)

The main subject of the present research is the enforcement of the European Union law in the domestic legal order. This topic was chosen considering the Treaty of Lisbon amending the Treaty on the European Union and the Treaty establishing the European Community and especially its declaration No. 17 on primacy of EU law. This article will explain the meaning of primacy of the European Union law and the resulting problems in some EU Member States, as well as possible solutions (...) to tackle the problems. The primacy of the European Union law over the national law was recognised as one of the constitutive principles of the European Union. The article includes relevant provisions of the Lisbon Treaty that deal with the rules concerning the legal requirements of the primacy of the European Union law in the EU primary law. The European Court of Justice has developed the meaning of the principle of primacy, which means that the European Union law should take precedence over national law (even over constitutional provisions) and should there be any conflicts between EU law and national law, every national court is obliged to apply the law of the European Union. The main issue of this article is analysing the principle of primacy of the European Union law over the Lithuanian law. (shrink)

Tirana, immediately after it was declared the capital of Albania on 11 February 1920, has undergone many changes in its morphology and city context. The capital is located in the heart of the country. During its lifespan, Tirana has adopted four important regulatory plans starting from 1923. The Western ideologies of the time influenced drastically the city development. The influence of such ideologies was stopped immediately though the imposition of communist ideas, after the Second World War. Rational building forms were (...) created which could be standardized in order to reduce construction costs. Meanwhile, in Western Europe, this current was implemented during the 1920s, as a response to social problems. The communist regime established strict anti-urbanization policy that aims to foster the development of rural areas and the suburban industrial districts in order to control urban growth and demographic mobility. All the regulatory master plans of Tirana, climate data of the city, the actual situation of the specific neighborhood, its orientation toward north, are considered in order to gather information and to implement the correct bioclimatic eco-renovation in the area. A special attention will be given to the underground tunnels which were constructed during the communist regime all over the city (1945–1983) as a response to a hypothetic nuclear attack, in order to shelter the inhabitance against bombing. These reinforced concrete tunnels will serve not only as an area for water collection and recycling strategies but also for cooling with zero energy expenditure for the inhabitants as a consequence of differences in temperature and air pressure. This strategy benefits from the underground air temperature in both seasons (winter and summer). It envisages the handover of these tunnels by the community. Nowadays, such structures are abandoned and denigrated. The realization of these structures required large amounts of money from the state budget. Considering that fact they need to be vitalized and reused, using different methodologies and strategies as part of the city. After the communist regime in the city of Tirana, two other regulatory plans were implemented which observe the city from another perspective, determining and evaluating Tirana’s real values as a city of the future, but not defining yet Tirana as an Ecocity. The ecological potential of Tirana including its outskirts is to be considered. Its flora and fauna are very rich, containing a mixt of species and plants. Regardless, the city of Tirana is suffering from different kinds of pollution such as air and noise pollution which are above EU and WHO norms. Tirana benefits from a Temperate Mediterranean climate. Furthermore, the benefits of the solar radiation are enormous. Unfortunately, nowadays, the city of Tirana is not profiting much from it. This chapter is in search of an overall view of the city of Tirana, and its great potential discovering its underground and upper ground historical secrets. (shrink)

International research collaborations engage multiple countries, researchers, and universities. This enhances the magnitude of contextual challenges, including legal and ethical dimensions across various jurisdictions, that must be bridged in qualitative research regardless of discipline, also in the construction of informed consents. From a Scandinavian perspective, this discussion paper explores challenges pertaining to the construction of informed consents related to EU data protection legislation, to which research institutions are subject when processing data related to EU residents. Next, it discusses challenges related (...) to different traditions in terms of handling informed consent and research participants’ integrity, including the possibilities to waive anonymity in research. In international, multidisciplinary studies where researchers also operate in relatively ‘unknown territory’, it is especially important to be aware of and reflect on (inter)national possibilities and limitations related to laws, ethics, and culture/traditions in societies and within the academic fields. The variations in laws, ethical guidelines, and traditions in different countries demand that researchers are up to date with laws and ethical guidelines in the studied countries. Their practical implementation in the countries at stake in international, collaborative research endeavours are important, especially since such regulations and guidelines are far from static and change over time. The implementation of good ethical research practice requires democratic, reflexive, and responsive processes in all phases of research. Especially the preparation phase functions as a period to increase and ensure the knowledge and legal/ethical competences of the entire research team to meet the demands in the countries at stake. (shrink)

Whistleblowing can be defined as the internal or external reporting of violations and abuses of law. The protection and promotion of whistleblowing is extremely important both in the level of the European Union and the Member States. It is also well demonstrated by the fact, that the European Union has adopted a Directive in 2019 on the protection of persons who report breaches of Union law which the Member States also has to implement to their national legal system. Although whistleblowing (...) can be analyses from several points of view, this paper only focuses on its legal aspects. The objective of the article is to present the legal requirements of the European Union and the Hungarian regulation. In this context, the paper aims to analyse how successful was the implementation of the Directive into the Hungarian legal system. (shrink)

The question of whether or not to partition data for the purposes of inferring phylogenetic hypotheses remains controversial. Opinions have been especially divided since Kluge's (1989, Systematic Zoology 38, 7–25) claim that data partitioning violates the requirement of total evidence (RTE). Unfortunately, advocacy for or against the RTE has not been based on accurate portrayals of the requirement. The RTE is a basic maxim for non-deductive inference, stipulating that evidence must be considered if it has relevance to an inference. Evidence (...) is relevant if it has a positive or negative effect on a given conclusion. In the case of ℈partitioned’ phylogenetic inferences, the RTE is violated, and the basis for rational belief in any conclusion is compromised, unless it is shown that the partitions are evidentially irrelevant to one another. The goal of phylogenetic systematics is to hypothesize past causal conditions to account for observed shared similarities among two or more species. Such inferences are non-deductive, necessitating consideration of the RTE. Some phylogeneticists claim the parsimony criterion as justification for the RTE. There is no relation between the two – parsimony is a relation between a hypothesis and causal question(s). Parsimony does not dictate the content of premises prior to an inference. ℈Taxonomic congruence,’ ℈supertrees,’ and ℈conditional combination’ methods violate the RTE. Taxonomic congruence and supertree methods also fail to achieve the intended goal of phylogenetic inference, such that ℈consensus trees’ and ℈supertrees’ lack an empirical basis. ℈Conditional combination’ is problematic because hypotheses derived from partitioned data cannot be compared – a causal hypothesis inferred to account for a set of effects only has relevance to those effects, not any comparative relevance to other causal hypotheses. A similar problem arises in the comparisons of hypotheses derived from different causal theories. (shrink)

The process of elaborating EU legislation includes the activity of translation. Drafting and translation cannot be considered separately but are rather two complementary activities whose aim is the quality of legislation. In order to achieve the required quality of legislation, one guiding principle is consistency of terminology. This study examines the particular case of two terms in German that appeared in the EC Treaty: Entscheidung and Beschluss. The inconsistent use of the two terms was the source of interpretative problems, as (...) observed in Case C-370/07 Commission v Council. A comparison of the contested provisions in the EC Treaty and the provisions in the Treaty on the Functioning of the European Union shows that the terminological inconsistency has been corrected. After the examination of this case, we elaborate on the impact of terminological consistency on interpretation as reflected in requests for preliminary rulings. (shrink)

Internal protection alternative (further—IPA) as the element of refugee definition is interpreted very differently in the practice of the State Parties to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (further—Geneva Convention). Thus it is important to regulate this concept clearly in the EC directive 2004/83/EB (further—Qualification directive) and its coming amendments. The definition of the IPA concept does not contain adequate criteria for assessing the level and effectiveness of protection required, in line with the (...) Geneva Convention and the ECHR, thus allowing Member States to reject claims and return applicants to their country of origin despite the lack of effective protection. Moreover, this concept is defined in a broad and vague manner which creates a risk of diverse recognition practices. (shrink)

The purpose of this study is to identify the requirements of computerized Management Information Systems and their role in improving the quality of administrative decisions in the Palestinian Ministry of Education and Higher Education. The authors used the descriptive analytical method and the questionnaire method to collect the data. (247) questionnaires were distributed on the study sample and (175) questionnaires were collected back with a recovery rate of (70.8). The study showed a number of results, the most important of (...) which are: There exist a role for computerized management information system requirements in improving the quality of administrative decisions in the Ministry of Education and Higher Education. This result is due to the existence of the support and attention by the senior management in the Ministry of Education and Higher Education by 65.06%, the physical requirements available for the use of computerized Management Information Systems are available by (72.19%), and the software requirements for the use of computerized Management Information Systems are available at 67.74%. The results found that the human requirements available for the use of computerized Management Information Systems are available at (68.33%). The results showed that the organizational requirements that assist in the use of information systems are available at (64.19%). There are no statistically significant differences between respondents' responses to the role of computerized management information system requirements in improving the quality of administrative decisions in the Ministry of Education and Higher Education attributable to the variables(Gender, academic qualification, age, career level), while there are statistically significant differences in the role of computerized management information system requirements in improving the quality of administrative decisions in the Ministry of Education and Higher Education due to variable years of service. The study concluded that the Ministry of Education and Higher Education is able to cope with the external environmental changes rapidly and the limited time available for the collection and analysis of information. This means that administrative information systems should be used by increasing the approval of senior management on Management Information Systems in making their decisions, and to involve the employees in making any change and keep abreast of technical developments and try to use external bodies to advise in the field of computerized information systems, and work to increase coordination between the different departments of the ministry. (shrink)

The obligation to provide reasons may appear rather a simple and straightforward, but in actual practice—as the mutually antagonistic Weiss rulings of the CJEU and the German Bundesverfassungsgericht amply demonstrate—is fraught with constitutional complication. On the one side, there lies the concern with a deeply intrusive form of judicial review which substitutes judicially determined “good” reasons for those of the reviewee decisionmaker—legislatures, administrative agencies, or, as in Weiss, the European Central Bank. On the other side lies the concern with judicial (...) abdication in the face of technical expertise, uncertainty and complexity, turning the reason-giving requirement into a mere façade thereby placing democratic accountability in the modern administrative state beyond law’s remit. Either way, normatively and conceptually, we seem left with a half-way house only. Drawing on the recent US administrative law discourse—the neo-Fullerian concept of an “internal morality of law” and democratic experimentalism —this paper explores the concept of process review as tertium datur. Process review responds to concerns over the rule of law and administrative discretion through indirect, procedural safeguards, by imposing requirements of reasoned justification, rather than through wholesale invalidation or aggressive substantive review. (shrink)

The approach to analysing population ageing and its impacts on the economy has evolved in recent years. There is increasing interest in the development and use of products and services related to gerontechnology as well as other social innovations that may be considered as central parts of the "silver economy." However, the concept of silver economy is still being formed and requires detailed research. This article proposes a typology of models of the silver economy in the European Union at the (...) national and regional levels. This typology was created by comparing the Active Ageing Index to the typology of varieties and cultures of capitalism and typology of the welfare states. Practical recommendations for institutions of the EU and directions for further research are discussed. (shrink)

This article argues against the idea that European Union (EU) member states (MSs) that have turned autocratic should be ejected from the EU to ensure that the latter does not itself violate the principle of democracy identified with the all subjected principle (ASP). First, the ASP requires that MSs be democratic before a decision to eject them would be acceptable and at that point, there is no reason to eject them. Second, if EU membership is voluntary as the protagonist of (...) the above idea presupposes, any MS can decide to leave at any point in time and other MSs can decide to leave any MS behind and create a new European organization without it. Taken together, this means that the ASP, which pertains to permanent subjection (to EU law), is irrelevant already from the outset and cannot be used as the main premise for the argument for ejection. Finally, the very disagreement about what kind of organization the EU is and should become, implies that the democratic rights of citizens be given priority over the rights of states. This speaks against the legitimacy of ejecting MSs for democracy protection. (shrink)

Since the 1960s, many artists have incorporated ecological concerns into their work, an endeavor that has required new strategies in art-making. To explore recent American manifestations of these interests, the David and Alfred Smart Museum commissioned new projects from artists Mark Dion, Peter Fend, and Dan Peterman, each focusing on interrelationships between particular organisms—human beings-and a specific group of sites—a museum building, a river landscape, and a university campus. The results, exhibited at the Smart Museum during the summer of 2000, (...) evoke the varied scales, from the microscopic to the global, at which human actions affect the environment. This catalog documents each of the artists' projects through an array of images and words: Smart Museum Associate Curator Stephanie Smith provides an introduction and brief overviews of the three projects, each of the artists contribute statements, and photographers Susan Anderson and Tom van Eynde document—in over 100 images—the processes and projects that comprise the exhibition. (shrink)

In a recent article Allan Buchanan and Robert Keohane defend the view that one of the necessary conditions for the legitimacy of global governance institutions such as the WTO and the IMF is that they respect basic human rights. I certainly agree that setting the minimal threshold of moral acceptability any lower would be entirely unreasonable. But, unfortunately, the view that global governance institutions have human rights obligations is far from uncontroversial. These institutions themselves go to great lengths to deny (...) such a claim. Their official stance finds strong normative support in the state-centric conception of human rights that dominates both normative debates about human rights and current human rights practice. In this article I challenge some of the normative assumptions behind the state-centric conception in order to defend a pluralist conception that ascribes human rights obligations not only to states but also to non-state actors such as global governance institutions. After briefly analyzing some of the proposals currently under discussion about how to legally entrench the obligation to respect human rights in those institutions, I will defend the feasibility of those proposals against the objection that their implementation is incompatible with the current state-system and thus it would require the creation of a world state. (shrink)

This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/eu of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/eu of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services sectors; Directive 2014/23/eu of (...) the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect. (shrink)

This paper revisits the strained yet ubiquitous notion of sustainability to see where and how it can make a contribution to improved agricultural and natural resource management and policy making. The case of a three-year EU network on farm animal breeding and reproduction is used as a practical illustration. In this network, commercial breeders and breeding scientists were required, with professional assistance from philosophers and social scientists, to develop a definition of sustainable farm animal breeding. The word ‘sustainability’ does not (...) define a unique ethical perspective. At best it indicates a willingness to open an ethical agenda. However if the agenda is not specified in some detail, there is a real danger that necessary ethical discussion will be swept under the carpet. Even worse, the word may be used as a fig leaf in an attempt to legitimise projects which are ethically dubious. Used conscientiously, the framework of sustainability has two benefits: First, it invites parties involved in the planning of future activities in a company or sector to take a comprehensive look at potentially conflicting concerns and to face any difficult trade-offs. Second, it encourages concerns to be presented within a framework that is endorsed by society as a whole, and this enables the stakeholders to make room for communication to, and dialogue with, a broader audience than the rather narrow group of people directly involved. Adapting the definition of sustainability to specific conditions and circumstances is more than a technical or scientific task. It requires us to address carefully underlying questions about values. The fundamental dilemmas that emerge when the notion of sustainability is considered have no easy solutions, but they can be addressed by taking into account four key characteristics of sustainability discussed in this paper. (shrink)

Economic globalization has resulted in the transfer of national power to supranational actors and their supranational procedures and institutions. Concomitant with this trend is the ascendancy of the discourses of democracy and human rights that have given rise to the idea of cosmopolitan justice. These trends, in turn, have weakened statehood [ Entstaatlichung ], requiring theoretical envisioning and practical institutionalization of a supranational model of political association. Among the competing theories, in this article I will defend the Kantian project of (...) constitutionalization of international law. In doing so, I take the doctrine of constitutional patriotism as an appropriate model of supranational political association in the European Union and defend it against the republican critique that rejects the idea as deficient. I argue that the European project of constitution-making can overcome the charges of democratic deficit and the lack of European demos by establishing the terms and conditions for democratic negotiation and institutionalizing shared practices of law-making. Key Words: constitutional patriotism • democratic deficit • the European Union • nation-state • supranational political community. (shrink)

The European Union and its member-states’ involvement in the economic sphere, manifesting itself in establishing the rules of entrepreneurs’ functioning – their responsibilities and entitlements – requires a precise determination of the addressees of these standards. Proper identification of an entrepreneur is a condition of proper legislation, interpretation, application, control and execution of the law. In this context it is surprising that understanding the term entrepreneur in Polish law and in EU law is not the same, and divergences and differences (...) in identification are fundamental. This fact formed the objective of this article. It is aimed at pointing at key differences in the identification of an entrepreneur between Polish and EU law, explaining the reasons for different concepts, and also the answer to the question: May Poland, as an EU member-state, identify the entrepreneur in a different way than the EU? (shrink)

This article explores the tensions between cosmopolitanism and sovereignty as a means to conceptualize the ethics of European foreign policy. It starts by discussing the claim that, in order for the EU to play a meaningful role as an international actor, a definition of the common ethical values orienting its political conduct is required. The question of a European federation of states and its ethical conceptualization emerges clearly in some of the philosophical writings of the 17th and 18th centuries. I (...) seek to provide an outline of the main arguments presented by authors such as Saint Pierre, Rousseau and Kant regarding the implications of the emerging difference between cosmopolitanism and the law of nations in the ethics of international relations. The article focuses on the normative significance of the concept of sovereignty as it emerges in modern political philosophy and highlights its tensions with the ideas of moral and political cosmopolitanism. This exploration serves a double function: theoretical and practical. From the theoretical perspective it leads to a better understanding of the tensions involved in conceptualizing a common ethical orientation for the states of Europe. From the practical standpoint it sheds light on some persistent difficulties the European Union faces in trying to move beyond an intergovernmental political arrangement in the field of foreign policy. (shrink)

The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred (...) embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered. (shrink)

This article relates to the CJEU’s understanding of the concept of the spouse in Case C-673/16 and its effect on the process of law application by Polish administrative courts. The authors considerations are based on the assumption that the CJEU’s interpretation of EU law in Coman and Others is of a dynamic-deliberative nature, based on functional rules, and that at the same it time takes into account a specific legal and socio-cultural context in which one of the fundamental freedoms guaranteed (...) by EU law is implemented. This judgment, as authors underline, confirms that a proper understanding of the current legal context of the concept of a spouse requires that the social and cultural context and the plurality of values arising from different lifestyles be taken into account in the application and interpretation of the law, all with a view to empowering the individual in his or her relationship with the State and raising the level of protection of human rights. Authors observe in the practice od Polish administrative courts that this CJEU’s judgment is important in the argumentative layer, but not decisive for the resolution of the case in specific situations where there is a need to address the effect of same-sex marriage in a case related to the implementation of the EU right to free movement. In this context authors consider whether the justification for rulings of administrative courts may be sought in John Gray’s concept of modus vivendi liberalism. (shrink)

The work of the French Lithuanian Jewish philosopher, Emmanuel Levinas, describes a perceptive rethinking of the possibility of concrete acts of goodness in the world, a rethinking never more necessary than now, in the wake of the cruel realities of the twentieth century—ten million dead in the First World War, forty million dead in the Second World War, Hiroshima, Nagasaki, the Soviet gulags, the grand slaughter of Mao’s “Great Leap Forward,” the pointless and gory Vietnam War, the Cambodian self-genocide and (...) many an attempted extermination from the face of the earth of entire nations of indigenous peoples. The list of horrors goes on and on—daily holocausts that do not distinguish between the civilian and the soldier, the guilty and the innocent, those deserving of life and those less deserving. (shrink)

This book analyzes the implementation of CSR reporting and codes of business conduct and ethics in the legal systems of the USA, Austria and China and their enforcement in international supply chain arbitrations. The book demonstrates that long-term profit maximization is increasingly intertwined with corporate ethics and CSR policies. In order to prevent window-dressing and greenwashing, certain control mechanisms and legal standards are required along the entire supply chain. This book introduces an ethics and CSR system recommending a reward-based whistleblowing (...) mechanism, internal oversight by a CSR and Ethics Committee comprised of independent board members and at least one sustainability expert, and an external, independent and comprehensive assurance of CSR reports provided by auditing firms or newly formed governmental agencies consisting of certified CSR experts. The author emphasizes the significance for supply chain leaders to ensure contractual enforcement of their codes of business ethics and conduct along the supply chain. Against this background, the author created a comprehensive fictitious case scenario covering a supply chain dispute arising from the breach of the supply chain leader’s code of business conduct and ethics by a lower-tier supply chain member. The author acknowledges the fact that in most of the cases the governing law of international supply chain contracts is English law or law based on English law. Thus, the author discusses potential contractual claims for damages arising from a loss of profits caused by a loss of reputation resulting from violations of core provisions of the chain leader’s supplier code of conduct pursuant to English law. As international supply chain disputes usually involve more than two parties, and international arbitration is the ideal means for the resolution of these disputes, the book compares the arbitration rules for consolidations and joinders of some of the most significant international arbitration institutions: SIAC, ICC, AIAC, ICDR, VIAC, CIETAC and HKIAC. The book is directed at legal practitioners, legislators of various jurisdictions, board members of corporations, ethics and compliance officers, academics, researchers and students. It is the author’s main goal that the book serves as an inspirational source for the establishment or the improvement of a corporate ethics and CSR system preventing window-dressing and greenwashing and covering the entire supply chain. Furthermore, it is intended that students develop a deeper understanding for the enforcement of corporate ethics and CSR policies. (shrink)

This article argues that standard causal and functionalist definitions of realization fail to account for the realization of entities that cannot be individuated in causal or functional terms. By modifying such definitions to require that realizers also logically suffice for any historical properties of the entities they realize, one can provide for the realization of entities whose resistance to causal/functional individuation stems from their possession of individuative historical properties. But if qualia cannot be causally or functionally individuated, then qualia can (...) be physically realized only if the thesis that all things are physical or physically realized is insufficient for physicalism. (shrink)

The purpose. Critical social philosophy of education strives to provide a radical critique of existing models of education in the so-called Western models of democracy, creating progressive alternative models. In this context, the proposed integrative metatheory, which is based on classical and modern sources, concepts, aims for a comprehensive understanding and reconstruction of the phenomenon of education. One of the main tasks in the sphere of education’s democratization today, therefore, is to bring to education the results of restructuring and democratization (...) of the society, to reflect changes in conditions of life and thinking, experience and transformation of subjectivity in the context of the technological revolution and globalization. Methodology. The critical social theory, which developed in the framework of contemporary neo-Marxism, indicates the need for a thorough analysis of society, however, unlike other theoretical concepts and research programs in order to analyze not a fixation and a statement of the existing social givens. On the contrary, critical analysis of society involves the identification of existing antagonistic, alienating factors that distort public communication.The subject of social analysis is the whole sphere of human and non-human nature, which interacts a person depend on it, the whole system of relations between society and nature, society and man, which is covered by the historical practice of conscious – "praxis". The representative of "pure science" isn't the learning, research subject. He is a public a person, which is the totality of all social definitions included in society and its constituent individuals. For such a "total subject" Object of interest is not something external; on the contrary, the latter appears as a product of his own activity. The scientific novelty examines trends in educational institutions and models of globalizing society in the context of our particular relationship of education and society, man and the state, and processes. The research and systematic analysis of neoliberal reforms at the level of society in general and education in particular are conducted. It examines substantive, structural and functional characteristics of the concept of «critical social philosophy of education» in the context of institutional tendencies of social life, as well as forms and possibilities of its methodological application. It consider a model of «critical social philosophy of education», as embodied in the programs of social development and learning, which are primarily designed to teach people how to lead an independent and original research themselves, society and knowledge systems. However, it is proved that the models and programs should not be cut off from any individual and the collective system of moral and social values, theoretical and applied training, nor from further use of the acquired values, norms and skills in everyday life, science, or in production, sphere of all social institutions. Conclusions. Critical philosophical, educational, pedagogical-psychological surprisingly theory, its models and concepts seek to redefine public and private and the public mind. Based on these grounds, in the future, it allows philosophy of education to develop a more inclusive philosophical vision of education, to apply directly to the problems of democratization and changes in social relations in the direction of equality and social justice in the field of education. The point of view of socio-philosophical and philosophical-еducational, pedagogical-psychological, normative understanding and social critics also requires the use of active efforts in the reconstruuction of education and society, the social vision of what education and human life can be and what their specific limitations in existing societies. (shrink)

The purpose. Critical social philosophy of education strives to provide a radical critique of existing models of education in the so-called Western models of democracy, creating progressive alternative models. In this context, the proposed integrative metatheory, which is based on classical and modern sources, concepts, aims for a comprehensive understanding and reconstruction of the phenomenon of education. One of the main tasks in the sphere of education’s democratization today, therefore, is to bring to education the results of restructuring and democratization (...) of the society, to reflect changes in conditions of life and thinking, experience and transformation of subjectivity in the context of the technological revolution and globalization. Methodology. The critical social theory, which developed in the framework of contemporary neo-Marxism, indicates the need for a thorough analysis of society, however, unlike other theoretical concepts and research programs in order to analyze not a fixation and a statement of the existing social givens. On the contrary, critical analysis of society involves the identification of existing antagonistic, alienating factors that distort public communication.The subject of social analysis is the whole sphere of human and non-human nature, which interacts a person depend on it, the whole system of relations between society and nature, society and man, which is covered by the historical practice of conscious – "praxis". The representative of "pure science" isn't the learning, research subject. He is a public a person, which is the totality of all social definitions included in society and its constituent individuals. For such a "total subject" Object of interest is not something external; on the contrary, the latter appears as a product of his own activity. The scientific novelty examines trends in educational institutions and models of globalizing society in the context of our particular relationship of education and society, man and the state, and processes. The research and systematic analysis of neoliberal reforms at the level of society in general and education in particular are conducted. It examines substantive, structural and functional characteristics of the concept of «critical social philosophy of education» in the context of institutional tendencies of social life, as well as forms and possibilities of its methodological application. It consider a model of «critical social philosophy of education», as embodied in the programs of social development and learning, which are primarily designed to teach people how to lead an independent and original research themselves, society and knowledge systems. However, it is proved that the models and programs should not be cut off from any individual and the collective system of moral and social values, theoretical and applied training, nor from further use of the acquired values, norms and skills in everyday life, science, or in production, sphere of all social institutions. Conclusions. Critical philosophical, educational, pedagogical-psychological surprisingly theory, its models and concepts seek to redefine public and private and the public mind. Based on these grounds, in the future, it allows philosophy of education to develop a more inclusive philosophical vision of education, to apply directly to the problems of democratization and changes in social relations in the direction of equality and social justice in the field of education. The point of view of socio-philosophical and philosophical-еducational, pedagogical-psychological, normative understanding and social critics also requires the use of active efforts in the reconstruuction of education and society, the social vision of what education and human life can be and what their specific limitations in existing societies. (shrink)

While the presence or absence of consciousness plays the central role in the moral/ethical decisions when dealing with patients with disorders of consciousness (DOC), recently it is criticized as not adequate due to number of reasons, among which are the lack of the uniform definition of consciousness and consequently uncertainty of diagnostic criteria for it, as well as irrelevance of some forms of consciousness for determining a patient’s interests and wishes. In her article, Dr. Specker Sullivan reexamined the meaning of (...) consciousness in the DOC taxonomy and proposed to go away from the routinely used clinical definition of consciousness as “wakeful awareness”, and adopt the meaning that is common in the Eastern tradition which is a form of “pure experience” (Specker Sullivan 2018). She further argued that understanding consciousness as a “pure experience” is ethically relevant for DOC patients. This suggestion is original, novel and important since it preserves the importance of the notion of consciousness for the clinical practice while simultaneously offering an additional ethical tool for the moral decisions in medicine. At the same time, without placing such Eastern notion in the Western tradition it is difficult to see how pure experience could be usefully operationalized to make sense in the clinical practice with DOC patients. It is so because pure experience is a subjective phenomenon which is completely inaccessible in noncommunicative DOC patients and also it does not express behaviorally (Monti et al 2010), therefore some objective-like operationalization is needed. This is why the fusion of Eastern and Western traditions is required to gain the full potential of Dr. Specker Sullivan’s suggestion. We propose that such fusion could be achieved on the basis of the Operational Architectonics (OA) theory of brain-mind functioning (Fingelkurts et al. 2010; 2013a) which suits ideally the purpose due its compatibility with both Western and Eastern traditions of consciousness. (shrink)

The current crisis of neoliberalism is calling into question the relevance of key international institutions. We analyze the origins, nature, and possible impacts of the crisis through comparing two such institutions: the International Monetary Fund (IMF) and the World Trade Organization (WTO). Both originated in the post-World War II U.S.-led hegemonic order and were transformed as part of the transition to global neoliberalism. We show that while the IMF and the WTO have been part of the same hegemonic project, their (...) distinct institutional features have put them on significantly different trajectories. Historical differences in the two institutions’ systems of rules have placed the IMF in a more vulnerable position than the WTO, which provides clues to the future contours of global economic governance. (shrink)

The article explores the problems of the legal status of the regulatory authorities in the energy sector of Ukraine in the context of the administrative reform currently taking place in the Ukraine and the fulfillment of the EU requirements in this sphere. Based on the analysis of the EU legislation, in particular Directive 2009/72/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC and Directive (...) 2009/73/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, and the experience of Ukraine in the field of energy regulation, the author of this article supports granting the special legal status to the national regulatory authorities in the energy sector of Ukraine and their separation from the system of state executive bodies, however, recommends to stipulate in the Constitution of Ukraine the provisions, regarding the organizational legal form and the establishment procedure of such bodies, the appointment and dismissal procedure for their management and members, the peculiarities of the relations of these bodies with the President of Ukraine, the Parliament of Ukraine and the Government of Ukraine. (shrink)

In some cultures, people tend to believe that it is very important to be sexually exclusive in romantic relationships and idealise monogamous romantic relationships; but there is a tension in this ideal. Sex is generally considered to have value, and usually when we love someone we want to increase the amount of value in their lives, not restrict it without good reason. There is thus a call, not yet adequately responded to by philosophers, for greater clarity in the reasons §why (...) it might be reasonable for a couple to adopt a policy of sexual exclusivity. This article argues that we cannot justify the demand for sexual exclusivity by a need to protect the relationship from the risk of one partner ‘trading-up’, or by appealing to jealousy. However, sexual exclusivity can be intelligible if it supports the romantic relationship and helps to distinguish it from other relationships. Nonetheless, sexual exclusivity ought not to be the hegemonic social norm that it currently is in some societies because this diminishes the potential value it might have and gives the idea of faithfulness the wrong focus. (shrink)

The research aims to identify the impact of the management requirements on operating of computerized management information systems to improve performance, and discuss the perceptions of respondents to develop the performance of employees in the Gaza Electricity Distribution Company, the researchers used the stratified sample method, (360) questionnaires were distributed on the study sample, (306) questionnaires were recovered with a percentage of (85%). The most important findings of the study: computerized MI have a positive impact on the development of (...) performance in the Gaza Electricity Distribution Company systems. The is statistical significance impact between “the physical, software supplies, human and organizational” requirements for the management and operation of computerized management information systems and performance development in the Gaza Electricity Distribution Company. The research also concluded a series of recommendations: the need to strengthen the company's management interest in the use of computerized management information systems in all its components and elements of being an important variable which contributes to the effect on performance development. It's essential that we develop the infrastructure for information technology in general, and computerized management information systems, in particular for the development of performance. Increased interest in providing the material of equipment and devices used in the computerized management information system requirements. Interest in providing technical inputs to the computerized management information systems through keeping pace with technological means and modern techniques and work on the training of personnel to use those systems. And increased attention to human inputs of computerized management information systems "specialists technicians and end-users" through a variety of disciplines working in the field of computerized management information systems. (shrink)

Journal of Social Philosophy, EarlyView.

Requirements of rationality, like the following, have recently been the focus of much discussion: (1) Rationality requires of S that, if S intends that e and believes that e will not be so unless S intends that m, then S intends that m. (2) Rationality requires of S that S not both believe p and believe not-p.1 How many requirements there are and how precisely to state them is a matter of controversy, but I will focus on a (...) different kind of controversy, namely, how to conceive of such requirements in general.2 I will start by sketching a picture of their general nature and role that I find compelling and attractive. My picture is not, however, consistent with many of the recent approaches to rational requirements in the literature. 3 As I will try to show, the arguments that are often made about rational requirements assume, mostly implicitly, that my picture is flawed. These arguments do not, however, or so I will claim, actually give us reason to reject my picture of rational requirements. Indeed, many of the puzzles about rational requirements taken up by others turn out not to really be puzzles once we realize that this alternative picture.. (shrink)

In this article we focus on the jus in bello principle of necessity for guiding the use of autonomous weapons systems (AWS). We begin our analysis with an account of the principle of necessity as entailing the requirement of minimal force found in Just War Theory, before highlighting the absence of this principle in existing work on AWS. Overlooking this principle means discounting the obligations that combatants have towards one another in times of war. We argue that the requirement of (...) minimal force is an important requirement for considering ethical uses of force. In particular, we distinguish between lethal and non-lethal purposes of use of force and introduce the prospect of non-lethal AWS before reviewing a number of challenges which AWS pose with respect to their non-lethal use. The challenges arise where AWS generate unpredictable outcomes impinging upon the situational awareness required of combatants to ensure that their actions meet the requirement of minimal force. We conclude with a call for further research on the ethical implications of non-lethal uses of AWS as a necessary contribution for assessing the moral permissibility of AWS. (shrink)