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Papers by Ielyzaveta Badanova

Research paper thumbnail of EU Law in Non-EU Countries: Reflections on Ukrainian Supreme Court’s Jurisprudence on Energy Matters
NaUKMA Research Papers. Law
Following its accession to the Energy Community Treaty and the conclusion of the association agre... moreFollowing its accession to the Energy Community Treaty and the conclusion of the association agreement with the EU, Ukraine implemented key EU acquis in energy by way of adoption of primary laws. They incorporate “instruments of EU legal integration,” i.e. provisions not required in the EU but included to ensure that the EU law is correctly transposed and applied in Ukraine. The Ukrainian Supreme Court in its recent jurisprudence made conclusions on legal aspects of their application, namely: on the place of EU case-law in the Ukrainian legal system, the value of opinions of the Energy Community Secretariat (ECS) as well as the obligation to conduct consultations with the European Commission and the ECS. While the acceptance of guidance from European institutions on application of EU acquis is commendable, there seems to be room for improvement in the way the Supreme Court applies principles of EU law, in particular related to the functioning of energy markets.
Research paper thumbnail of Social Welfare
Social Welfare
Cambridge Journal of International and Comparative Law, 2013
Research paper thumbnail of Social Welfare
Cambridge Journal of International and Comparative Law, 2013
Research paper thumbnail of Making sense of solidarity in international law : input from the integration of the European gas market
Making sense of solidarity in international law : input from the integration of the European gas market
Solidarity is cited in the international law doctrine but often denied a self-standing legal mean... moreSolidarity is cited in the international law doctrine but often denied a self-standing legal meaning and normative force in international relations. Its mainstream understanding in the international law doctrine is often limited to a socio-political notion, which in my view neglects the evidence that one can gather from the practice of international law regimes. This happens to be particularly true for the international law of Ukraine-EU gas market integration, which operates the term quite widely. The present article seeks to repair the said omission by explaining how solidarity is pinpointed in this international law framework. This analysis allows picturing solidarity in three different legally relevant dimensions (constitutional principle, general legal maxim and the duty of cross-border assistance). The latter two dimensions present solidarity in terms of specific rights and obligations, which can be helpful in cementing solidarity as a legal notion in international law.
Research paper thumbnail of MAKING SENSE OF SOLIDARITY IN INTERNATIONAL LAW: INPUT FROM THE INTEGRATION OF THE EUROPEAN GAS MARKET
European Journal of Legal Studies, 2019
Solidarity is cited in the international law doctrine but often denied a self-standing legal mean... moreSolidarity is cited in the international law doctrine but often denied a self-standing legal meaning and normative force in international relations. Its mainstream understanding in the international law doctrine is often limited to a socio-political notion, which in my view neglects the evidence that one can gather from the practice of international law regimes. This happens to be particularly true for the international law of Ukraine-EU gas market integration, which operates the term quite widely. The present article seeks to repair the said omission by explaining how solidarity is pinpointed in this international law framework. This analysis allows picturing solidarity in three different legally relevant dimensions (constitutional principle, general legal maxim and the duty of cross-border assistance). The latter two dimensions present solidarity in terms of specific rights and obligations, which can be helpful in cementing solidarity as a legal notion in international law.
Research paper thumbnail of Ukraine-EU Political Agenda 1991-2016: Premises for Mutual Solidarity Obligations in the Natural Gas Sphere
Against the background of the most recent events that disturbed their smooth cooperation in the n... moreAgainst the background of the most recent events that disturbed their smooth cooperation in the natural gas sphere, the article explores the foundations for mutual solidarity obligations between Ukraine and the EU in five documents forming the political agenda of 1991-2016. The solidarity is understood as consisting of three essential elements: common objective, equality and mutuality. It follows from the analysis that the most recent attempt at a political commitment in the gas sphere – the 2016 Memorandum of Understanding on a Strategic Energy Partnership – has been the most successful in terms of reflecting the full picture of solidarity and the most forward looking for a healthy legal setup of Ukraine-EU relations.

Books by Ielyzaveta Badanova

Research paper thumbnail of Ukraine and Three World Conferences on Matters of Sustainable Development: Historical Record and Observations on Participation Patterns
Ukrainian Perspectives on International Law, 2013
The purpose of the following article is to produce a historical record of the involvement of Ukra... moreThe purpose of the following article is to produce a historical record of the involvement of Ukraine as an independent state (acting via its official representatives) in the work of three major global conferences addressing issues of sustainable development, namely the 1992 UN Conference on Environment and Development (“1992 Rio Conference”), the 2002 World Summit on Sustainable Development (“2002 Johannesburg Summit” or “Summit”), and the 2012 UN Conference on Sustainable Development (“2012 Rio Conference”). The note focuses on Ukraine’s participation in the general debate in the context of these conferences but does not cover processes related to drafting and adoption of international treaties (including the 1992 UN Convention on Biological Diversity and the 1992 UN Framework Convention on Climate Change) which took place within a similar timeframe. These processes, in our opinion, can form a separate topic for analysis to be studied more appropriately in conjunction with, inter alia, the level of compliance with norms incorporated in these agreements.
Doubtlessly, it is difficult to identify reliable and, nonetheless, practicable (i.e. capable of being applied in practice in view of the absence of a full volume of information on past negotiations of such a significant scale) tools as to how one should address Ukraine’s involvement in the three conferences. The author of this article decided to account for the following parameters: composition of a Ukraine’s official delegation commissioned to take part in a particular conference; participation in general debates (quantitative element) and statements made (qualitative element) within preparatory committees and in the course of the conferences. These parameters are not to be viewed in isolation from the general setting of each conference concerned as the latter enables us to understand the scope of negotiating opportunities available to states in the relevant moment of time. In the end, the note does not seek to arrive at a particular conclusion in terms of historic behavior of Ukraine at the international venues but seeks to use the assembled record and comments thereon to perfect Ukraine’s performance going-forward.
Research paper thumbnail of EU Law in Non-EU Countries: Reflections on Ukrainian Supreme Court’s Jurisprudence on Energy Matters
NaUKMA Research Papers. Law
Following its accession to the Energy Community Treaty and the conclusion of the association agre... moreFollowing its accession to the Energy Community Treaty and the conclusion of the association agreement with the EU, Ukraine implemented key EU acquis in energy by way of adoption of primary laws. They incorporate “instruments of EU legal integration,” i.e. provisions not required in the EU but included to ensure that the EU law is correctly transposed and applied in Ukraine. The Ukrainian Supreme Court in its recent jurisprudence made conclusions on legal aspects of their application, namely: on the place of EU case-law in the Ukrainian legal system, the value of opinions of the Energy Community Secretariat (ECS) as well as the obligation to conduct consultations with the European Commission and the ECS. While the acceptance of guidance from European institutions on application of EU acquis is commendable, there seems to be room for improvement in the way the Supreme Court applies principles of EU law, in particular related to the functioning of energy markets.
Research paper thumbnail of Social Welfare
Social Welfare
Cambridge Journal of International and Comparative Law, 2013
Research paper thumbnail of Social Welfare
Cambridge Journal of International and Comparative Law, 2013
Research paper thumbnail of Making sense of solidarity in international law : input from the integration of the European gas market
Making sense of solidarity in international law : input from the integration of the European gas market
Solidarity is cited in the international law doctrine but often denied a self-standing legal mean... moreSolidarity is cited in the international law doctrine but often denied a self-standing legal meaning and normative force in international relations. Its mainstream understanding in the international law doctrine is often limited to a socio-political notion, which in my view neglects the evidence that one can gather from the practice of international law regimes. This happens to be particularly true for the international law of Ukraine-EU gas market integration, which operates the term quite widely. The present article seeks to repair the said omission by explaining how solidarity is pinpointed in this international law framework. This analysis allows picturing solidarity in three different legally relevant dimensions (constitutional principle, general legal maxim and the duty of cross-border assistance). The latter two dimensions present solidarity in terms of specific rights and obligations, which can be helpful in cementing solidarity as a legal notion in international law.
Research paper thumbnail of MAKING SENSE OF SOLIDARITY IN INTERNATIONAL LAW: INPUT FROM THE INTEGRATION OF THE EUROPEAN GAS MARKET
European Journal of Legal Studies, 2019
Solidarity is cited in the international law doctrine but often denied a self-standing legal mean... moreSolidarity is cited in the international law doctrine but often denied a self-standing legal meaning and normative force in international relations. Its mainstream understanding in the international law doctrine is often limited to a socio-political notion, which in my view neglects the evidence that one can gather from the practice of international law regimes. This happens to be particularly true for the international law of Ukraine-EU gas market integration, which operates the term quite widely. The present article seeks to repair the said omission by explaining how solidarity is pinpointed in this international law framework. This analysis allows picturing solidarity in three different legally relevant dimensions (constitutional principle, general legal maxim and the duty of cross-border assistance). The latter two dimensions present solidarity in terms of specific rights and obligations, which can be helpful in cementing solidarity as a legal notion in international law.
Research paper thumbnail of Ukraine-EU Political Agenda 1991-2016: Premises for Mutual Solidarity Obligations in the Natural Gas Sphere
Against the background of the most recent events that disturbed their smooth cooperation in the n... moreAgainst the background of the most recent events that disturbed their smooth cooperation in the natural gas sphere, the article explores the foundations for mutual solidarity obligations between Ukraine and the EU in five documents forming the political agenda of 1991-2016. The solidarity is understood as consisting of three essential elements: common objective, equality and mutuality. It follows from the analysis that the most recent attempt at a political commitment in the gas sphere – the 2016 Memorandum of Understanding on a Strategic Energy Partnership – has been the most successful in terms of reflecting the full picture of solidarity and the most forward looking for a healthy legal setup of Ukraine-EU relations.
Research paper thumbnail of Ukraine and Three World Conferences on Matters of Sustainable Development: Historical Record and Observations on Participation Patterns
Ukrainian Perspectives on International Law, 2013
The purpose of the following article is to produce a historical record of the involvement of Ukra... moreThe purpose of the following article is to produce a historical record of the involvement of Ukraine as an independent state (acting via its official representatives) in the work of three major global conferences addressing issues of sustainable development, namely the 1992 UN Conference on Environment and Development (“1992 Rio Conference”), the 2002 World Summit on Sustainable Development (“2002 Johannesburg Summit” or “Summit”), and the 2012 UN Conference on Sustainable Development (“2012 Rio Conference”). The note focuses on Ukraine’s participation in the general debate in the context of these conferences but does not cover processes related to drafting and adoption of international treaties (including the 1992 UN Convention on Biological Diversity and the 1992 UN Framework Convention on Climate Change) which took place within a similar timeframe. These processes, in our opinion, can form a separate topic for analysis to be studied more appropriately in conjunction with, inter alia, the level of compliance with norms incorporated in these agreements.
Doubtlessly, it is difficult to identify reliable and, nonetheless, practicable (i.e. capable of being applied in practice in view of the absence of a full volume of information on past negotiations of such a significant scale) tools as to how one should address Ukraine’s involvement in the three conferences. The author of this article decided to account for the following parameters: composition of a Ukraine’s official delegation commissioned to take part in a particular conference; participation in general debates (quantitative element) and statements made (qualitative element) within preparatory committees and in the course of the conferences. These parameters are not to be viewed in isolation from the general setting of each conference concerned as the latter enables us to understand the scope of negotiating opportunities available to states in the relevant moment of time. In the end, the note does not seek to arrive at a particular conclusion in terms of historic behavior of Ukraine at the international venues but seeks to use the assembled record and comments thereon to perfect Ukraine’s performance going-forward.

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