Volume 1, Issue 2, June 2018, Page: 64-71
Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme
Anastasiia Kraskovska, Department of Political Sciences “Jean Monnet”, University of Campania Luigi Vanvitelli, Caserta, Italy
Received: Oct. 29, 2017;       Accepted: Dec. 12, 2017;       Published: Jan. 16, 2018
DOI: 10.11648/j.ijls.20180102.12      View  1052      Downloads  66
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.
Keywords
Acquis Communautaire, Approximation, Association Agreement, Climate Change, Environmental Legislation, European Union, Ukraine
To cite this article
Anastasiia Kraskovska, Developing Pro-European Environmental and Climate Policy for Ukraine: Institutional Challenges, Appropriate Translation and Legal Compliance Scheme, International Journal of Law and Society. Vol. 1, No. 2, 2018, pp. 64-71. doi: 10.11648/j.ijls.20180102.12
Copyright
Copyright © 2018 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Reference
[1]
Muravyov, V. (2012) Legal nature of the Association Agenda between Ukraine and the European Union. Veche, No. 8, pp. 16-21.
[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.
Browse journals by subject