Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme

Anastasiia Kraskovska

doi:doi:10.11648/j.ijls.20180102.12

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Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme

Anastasiia Kraskovska

Published in International Journal of Law and Society (Volume 1, Issue 2)

Received: 29 October 2017 Accepted: 12 December 2017 Published: 16 January 2018

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Abstract

Ukraine's aspiration for European Union integration has been defined in national policies, laws and international treaties since 1994: within the Partnership and Cooperation Agreement framework between Ukraine and the European Union (1994), the Eastern Partnership (2009), the Law of Ukraine "On the Principles of Internal and Foreign Policy" and many others. However, all these documents were of a predominantly advisory nature, without establishing a strategic need for approximation of Ukrainian legislation to EU norms, especially in the field of environmental protection and climate change mitigation. The Association Agreement between Ukraine and the European Union, signed in 2014, aims to gradually bring Ukrainian legislation in line with objectives enshrined in the EU law, which envisages "transposition" of EU law norms into the Ukrainian legal system. This paper provides detailed assessment of main stages and achievements of Ukraine’s approximation process to the European environmental law (both in terms of Eastern European specifics of environmental regulation and national challenges), and puts emphasis on institutional challenges, environmental and climate governance, proficient translation of European legislation and key requirements for public administration, related to environmental laws’ approximation.

Published in	International Journal of Law and Society (Volume 1, Issue 2)
DOI	10.11648/j.ijls.20180102.12
Page(s)	64-71
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2018. Published by Science Publishing Group

Keywords

Acquis Communautaire, Approximation, Association Agreement, Climate Change, Environmental Legislation, European Union, Ukraine

References

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[2]	Koch, M., Gullberg, A. T., Schoyen, M., Hvinden, B. (2016) Sustainable welfare in the EU: Promoting synergies between climate and social policies. Critical Social Policy, 2016, Vol.36 (4), pp.704-715.
[3]	DIW Econ (2013) Towards a low carbon growth strategy for Ukraine: Key policy steps. Low Carbon Ukraine - Policy Paper No. 2 (April 2013) Project “Capacity Building for Low Carbon Growth in Ukraine”.
[4]	Botcheva, L. (2001) Expertise and International Governance: Eastern Europe and the Adoption of European Union Environmental Legislation. Global Governance, 1 April 2001, Vol.7 (2), pp.197-224.
[5]	Petrov R., Kiseleva T. (2000) Approximation and Harmonization of Legislation in the Law of the European Union and International Law. The Legal Journal of Donetsk University, 2000. No. 2 (5) pp. 29-34.
[6]	Petrov, R. (2013) The concept of "transposition" of law as part of the process of bringing Ukrainian legislation in line with the "acquis" of the European Union. Law of Ukraine, 2013, № 6, pp. 70–76.
[7]	Nachmany, M., Fankhauser, S., Townshend, T., Collins, M., Landesman, T., Matthews, A., Pavese, C., Rietig, K., Schleifer, P., and Setze, J. (2014) The GLOBE climate legislation study: a review of climate change legislation in 66 countries. Fourth edition. London: Grantham Research Institute on Climate Change and the Environment, London School of Economics and Political Science, and GLOBE International.
[8]	Braun, M. (2014). Europeanization of environmental policy in the new Europe: Beyond conditionality. Farnham, Surrey, England; Burlington. Ashgate Publishing Limited.
[9]	Langlet, D. (2016) EU environmental law and policy. Oxford: Oxford University Press, 2016.
[10]	Korppoo, A., Moe, A. (2008) Joint Implementation in Ukraine: national benefits and implications for further climate pacts. Climate Policy, 2008, Vol.8(3), pp.305-316.
[11]	Kapios, P. J. (2002) Environmental Enlargement in the European Union: Approximation of the Acquis Communautaire and the Challenges that it Presents for the Applicant Countries. Sustainable Development Law and Policy, Spring/Summer 2002, 4-9, 20-21.
[12]	Golub, J. (2005) Transnational Politics of the Environment: The European Union and Environmental Policy in Central and Eastern Europe. Perspectives on Politics, 3/2005, Vol. 3(01).
[13]	Focken, H. (2015) Between national interests and the greater good: struggling towards a common European Union energy policy in the context of climate change (Global Public Policy Network Essay) Journal of International Affairs, 2015, Vol. 69 (1), p.179 (13).
[14]	Duttle, T., Holzinger, K., Malang, T., Schäubli, T., Schimmelfennig, F., Winzen, T. (2016) Opting out from European Union legislation: the differentiation of secondary law. Journal of European Public Policy, 01 April 2016, p.1-23.

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Anastasiia Kraskovska. (2018). Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme. International Journal of Law and Society, 1(2), 64-71. https://doi.org/10.11648/j.ijls.20180102.12

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Anastasiia Kraskovska. Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme. Int. J. Law Soc. 2018, 1(2), 64-71. doi: 10.11648/j.ijls.20180102.12

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AMA Style

Anastasiia Kraskovska. Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme. Int J Law Soc. 2018;1(2):64-71. doi: 10.11648/j.ijls.20180102.12

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@article{10.11648/j.ijls.20180102.12,
  author = {Anastasiia Kraskovska},
  title = {Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme},
  journal = {International Journal of Law and Society},
  volume = {1},
  number = {2},
  pages = {64-71},
  doi = {10.11648/j.ijls.20180102.12},
  url = {https://doi.org/10.11648/j.ijls.20180102.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20180102.12},
  abstract = {Ukraine's aspiration for European Union integration has been defined in national policies, laws and international treaties since 1994: within the Partnership and Cooperation Agreement framework between Ukraine and the European Union (1994), the Eastern Partnership (2009), the Law of Ukraine "On the Principles of Internal and Foreign Policy" and many others. However, all these documents were of a predominantly advisory nature, without establishing a strategic need for approximation of Ukrainian legislation to EU norms, especially in the field of environmental protection and climate change mitigation. The Association Agreement between Ukraine and the European Union, signed in 2014, aims to gradually bring Ukrainian legislation in line with objectives enshrined in the EU law, which envisages "transposition" of EU law norms into the Ukrainian legal system. This paper provides detailed assessment of main stages and achievements of Ukraine’s approximation process to the European environmental law (both in terms of Eastern European specifics of environmental regulation and national challenges), and puts emphasis on institutional challenges, environmental and climate governance, proficient translation of European legislation and key requirements for public administration, related to environmental laws’ approximation.},
 year = {2018}
}

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TY  - JOUR
T1  - Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme
AU  - Anastasiia Kraskovska
Y1  - 2018/01/16
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AB  - Ukraine's aspiration for European Union integration has been defined in national policies, laws and international treaties since 1994: within the Partnership and Cooperation Agreement framework between Ukraine and the European Union (1994), the Eastern Partnership (2009), the Law of Ukraine "On the Principles of Internal and Foreign Policy" and many others. However, all these documents were of a predominantly advisory nature, without establishing a strategic need for approximation of Ukrainian legislation to EU norms, especially in the field of environmental protection and climate change mitigation. The Association Agreement between Ukraine and the European Union, signed in 2014, aims to gradually bring Ukrainian legislation in line with objectives enshrined in the EU law, which envisages "transposition" of EU law norms into the Ukrainian legal system. This paper provides detailed assessment of main stages and achievements of Ukraine’s approximation process to the European environmental law (both in terms of Eastern European specifics of environmental regulation and national challenges), and puts emphasis on institutional challenges, environmental and climate governance, proficient translation of European legislation and key requirements for public administration, related to environmental laws’ approximation.
VL  - 1
IS  - 2
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Author Information

Anastasiia Kraskovska

Department of Political Sciences “Jean Monnet”, University of Campania Luigi Vanvitelli, Caserta, Italy

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APA Style

Anastasiia Kraskovska. (2018). Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme. International Journal of Law and Society, 1(2), 64-71. https://doi.org/10.11648/j.ijls.20180102.12

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ACS Style

Anastasiia Kraskovska. Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme. Int. J. Law Soc. 2018, 1(2), 64-71. doi: 10.11648/j.ijls.20180102.12

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AMA Style

Anastasiia Kraskovska. Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme. Int J Law Soc. 2018;1(2):64-71. doi: 10.11648/j.ijls.20180102.12

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@article{10.11648/j.ijls.20180102.12,
  author = {Anastasiia Kraskovska},
  title = {Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme},
  journal = {International Journal of Law and Society},
  volume = {1},
  number = {2},
  pages = {64-71},
  doi = {10.11648/j.ijls.20180102.12},
  url = {https://doi.org/10.11648/j.ijls.20180102.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20180102.12},
  abstract = {Ukraine's aspiration for European Union integration has been defined in national policies, laws and international treaties since 1994: within the Partnership and Cooperation Agreement framework between Ukraine and the European Union (1994), the Eastern Partnership (2009), the Law of Ukraine "On the Principles of Internal and Foreign Policy" and many others. However, all these documents were of a predominantly advisory nature, without establishing a strategic need for approximation of Ukrainian legislation to EU norms, especially in the field of environmental protection and climate change mitigation. The Association Agreement between Ukraine and the European Union, signed in 2014, aims to gradually bring Ukrainian legislation in line with objectives enshrined in the EU law, which envisages "transposition" of EU law norms into the Ukrainian legal system. This paper provides detailed assessment of main stages and achievements of Ukraine’s approximation process to the European environmental law (both in terms of Eastern European specifics of environmental regulation and national challenges), and puts emphasis on institutional challenges, environmental and climate governance, proficient translation of European legislation and key requirements for public administration, related to environmental laws’ approximation.},
 year = {2018}
}

Copy | Download

TY  - JOUR
T1  - Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme
AU  - Anastasiia Kraskovska
Y1  - 2018/01/16
PY  - 2018
N1  - https://doi.org/10.11648/j.ijls.20180102.12
DO  - 10.11648/j.ijls.20180102.12
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 64
EP  - 71
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20180102.12
AB  - Ukraine's aspiration for European Union integration has been defined in national policies, laws and international treaties since 1994: within the Partnership and Cooperation Agreement framework between Ukraine and the European Union (1994), the Eastern Partnership (2009), the Law of Ukraine "On the Principles of Internal and Foreign Policy" and many others. However, all these documents were of a predominantly advisory nature, without establishing a strategic need for approximation of Ukrainian legislation to EU norms, especially in the field of environmental protection and climate change mitigation. The Association Agreement between Ukraine and the European Union, signed in 2014, aims to gradually bring Ukrainian legislation in line with objectives enshrined in the EU law, which envisages "transposition" of EU law norms into the Ukrainian legal system. This paper provides detailed assessment of main stages and achievements of Ukraine’s approximation process to the European environmental law (both in terms of Eastern European specifics of environmental regulation and national challenges), and puts emphasis on institutional challenges, environmental and climate governance, proficient translation of European legislation and key requirements for public administration, related to environmental laws’ approximation.
VL  - 1
IS  - 2
ER  -

Copy | Download