THE PHENOMENON OF LIBEL TOURISM AND THE IMPACT ON THE LEGAL SYSTEM IN BOSNIA AND HERZEGOVINA Cover Image

FENOMEN KLEVETNIČKOG TURIZMA I UTICAJ NA PRAVNI SISTEM U BOSNI I HERCEGOVINI
THE PHENOMENON OF LIBEL TOURISM AND THE IMPACT ON THE LEGAL SYSTEM IN BOSNIA AND HERZEGOVINA

Author(s): Šejla Šećerović
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Pravni fakultet Univerziteta u Tuzli
Keywords: libel tourism; defamation; public order; Private International Law;

Summary/Abstract: The relationship between defamation and the right to privacy, on the one hand, and freedom of expression and related matters on the other, in international disputes is very controversial and varies across legal systems. At the same time, with rapid technological development, personal rights, including reputation and honor, face increasing threats of defamation violations, often involving foreign elements This paper explores the controversial nature of these relationships and their implications, particularly in the context of „libel tourism“ in Private International Law. The determination of international jurisdiction, along with the recognition and enforcement of foreign court decisions, significantly impacts the outcome of such cases. The absence of a unified system of norms in Private International Law compounded by the lack of full unity even within the European Union raises questions about whether the clause for protecting public order serves as the ultimate barrier to recognizing the effects of foreign law on domestic territory. This paper delves into the multifaceted significance of defamation especially in cases with an international dimension, within the legal framework of Bosnia and Herzegovina.

  • Issue Year: 10/2024
  • Issue No: 1
  • Page Range: 124-143
  • Page Count: 20
  • Language: Bosnian
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