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REFOULING ROHINGYAS: THE SUPREME COURT OF INDIA'S UNEASY ENGAGEMENT WITH INTERNATIONAL LAW

Author(s): Malcolm Katrak,Shardool Kulkarni / Language(s): English Issue: 2/2021

The complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case of Mohammad Salimullah v. Union of India, which involves the issue of deportation of Rohingya refugees from India, represents a challenge in this regard owing to the lack of clarity as to India’s obligations under the principle of non-refoulement. The paper uses the Supreme Court’s recent interim order in the said case as a case study to examine India’s engagement with international law. It argues that the order inadequately examines the role of international law in constitutional interpretation and has the unfortunate effect of ‘refouling’ Rohingyas by sending them back to a state where they face imminent persecution.

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CHINESE SOCIAL CREDIT SYSTEM: NEW CHALLENGES FOR THE RIGHT TO PRIVACY?

Author(s): Siniša Domazet,Majida Lubura,Ivona Šušak-Lozanovska,Nina Ilik / Language(s): English Issue: Supp. 1/2021

The Social Credit system (SCS) in China is being applied in an increasing number of areas of everyday life. This system is built around rewarding and punishing specific forms of social behavior. The question arises whether this system is a new challenge to the right to privacy. The study, which is supported by literature, sheds light on how novel this thought is. This paper uses the comparative method, normative method, and legal-logical methods of induction and deduction. According to the research, the SCS in basic is a state project. The key distinctions between the SCS and similar systems in Western countries include the impact on individuals, state dependency, punitive policy, the breadth of consequences, and cultural differences. In addition, one of the tools of the SCS in China is ‘shame’, which is focused on maintaining harmonious relations within a society. In the West, the focus is more on the citizens’ rights.

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РАЗМИСЛИ ОТНОСНО РИМСКОТО И СЪВРЕМЕННОТО СХВАЩАНЕ ЗА ДОГОВОРА

Author(s): Juan Manuel Blanch Nougués / Language(s): Bulgarian Issue: 1/2021

The aim of this article is to highlight the importance of the Roman legal terminology on contracts, origin of modern basic concepts such as contract, pactum, agreement, transaction (with mutual sacrifices by the parties), or unilateral promise etc., very abundant, from the legal theory’s point of view, in the Roman law. This ancient law is, nowadays, an indispensable tool referring the dialogue between the most widespread traditions in the world, i. e., the Roman-Germanic and the Common Law. In order to do that, even between national laws belonging to a common legal tradition, the analysis of the genesis and nature of the legal concepts in Roman law constitutes a fundamental task of legal interpretation. A review of the traditional theory of the sources of obligations in Roman law is also necessary. This paper, besides, affords the discussion of the recent reform of the French Civil Code concerning the sources of obligations (2016), as well as some of the different initiatives about the international unification of private law.

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КОНСЕНСУАЛНОСТТА НА РЕАЛНИЯ РИМСКИ MUTUUM. КОНТИНУИТЕТ И ДИСКОНТИНИУИТЕТ В УРЕДБАТА НА ДОГОВОРА ЗА ЗАЕМ ЗА ПОТРЕБЛЕНИЕ МЕЖДУ РИМСКОТО ПРАВО, ИТАЛИЯ И КИТАЙ

Author(s): Antonio Saccoccio / Language(s): Bulgarian Issue: 1/2021

Roman jurists had always included the loan contract among the real contracts. This is the result of a progressive refinement process started with the ‘birth’of the loan within the category of the 're obligari'. Through a riper consideration developed among the jurists, the old 're obligari' has been included in a more recent notion of 'contrahere re', where the role of the consent is definitely more relevant. A tension between the elements of the consent and delivery has been kept within the view of Roman jurists on this contract: Roman jurists had, on the one hand, vigorously defended the view of the loan as a real contract, on the other hand, had elaborated dogmatic models of loan contracts for which the delivery (traditio) was not anymore necessary for the production of the (obligatory) effects of the loan contract.

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DATIO IN SOLUTUM NECESSARIA В РИМСКОТО ПРАВО. РАЗВИТИЕ И НАСТОЯЩЕ – СРАВНИЕЛЕН АНАЛИЗ

Author(s): Verónica Daniela Díaz Sazo / Language(s): Bulgarian Issue: 1/2021

This research aims to analyze the figure of the datio in solutum necessaria from its origins to the present. All this, from the terminological and practical origin of the datio in solutum, but focusing specifically on the datio in solutum necessaria. The legal figure of datio in solutum necessaria finds its origin, according to the majority doctrine, after Justinian, so it is intended to systematize its evolution until today. In modern times, the datio in solutum necessaria is not estipulated in most legal systems, with voluntary payment being the option regulated by most of the current Civil Codes. However, it is intended to demonstrate that there are legal systems that remain faithful to Justinian Roman law when it comes to providing the datio in solutum necessaria in an express manner in their legal systems.

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THE IMPORTANCE OF THE ENGLISH LANGUAGE IN PUBLIC DIPLOMACY AND INTERNATIONAL RELATIONS

Author(s): Mirvan Xhemaili / Language(s): English Issue: 1/2022

The primary language of international relations and diplomacy is English. The representatives of international bodies communicate in the English language. It is vital to establish English as the official language for international organizations in facilitating more efficient collaboration internationally. English dominance in international communication becomes increasingly apparent. This study aimed at gaining a more in-depth understanding of the significance of the English language. It also aimed at identifying, describing, and explaining the importance of the English language in public diplomacy and international relations. The researcher used the descriptive research method in the study, notably; secondary data were used for collecting reliable conclusions for the research. The findings suggested that the adoption of formulaic language, particularly, idioms and idiomatic expressions to further embellish the phrases used in the arena of international relations or policy is a peculiarity of the English language. The study concluded that formulaic language and the adoption and usage of idioms is a distinguishing feature that diplomats and those who have a career in international law and international relations should master.

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МОРЕ И ПРАВО. НЯКОИ БЕЛЕЖКИ

Author(s): Mario Fiorentini / Language(s): Bulgarian Issue: 2/2021

The analysis of the legal sources of the second and third centuries AD, aims to highlight the fact thatthe inclusion of the sea among the res communes omnium, and the same this category developed by Marcian are not so much the mature fruit of the discussions developed among the imperial jurists but, on the contrary, an attempt to build a special category within the res publicae, open to anyone regardless of Roman citizenship, which, however, when it was created by Marcian, would need further reflection. However, such an in-depth study was not possible due to the lack of scientific activity of the jurists after Gordian III. A close analysis of the scene of Plautus’ Rudens is also carried out, in order to attempt a correct framing of the discussion on the historical process that involved the definition of the sea as res communis omnium.

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LITTORAL MARITIME – FONDEMENTS ROMAINS ET LEGISLATION BULGARE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2021

This article presents some fundamental issues related to the use of the sea coast: its status from the legal and material point of view, the possibilities for its private or public use, the possibilities de construction on the coast and the beach as well as in the seabed, protection of the environment and the natural resources of the sea and the coasts. In the two parts of the article are presented the concepts of Roman jurisprudence and the modern Bulgarian legislation as well as some current problems for the Black Sea coast.

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THE LAW OF THE SEA AND THE INTERNATIONAL ARBITRATION

Author(s): Ganeta Minkova / Language(s): English Issue: 2/2021

The aim of this paper is to study some aspects of the International Maritime Law, especially the settlement of disputes by international courts and tribunals. It examines at the way these institutions address contemporary problems. The study explores the role of the courts and tribunals and their potential to contribute to global justice.

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„НАШЕТО МОРЕ“ И СУВЕРЕНИТЕТЪТ

Author(s): Nataliya Kiselova / Language(s): Bulgarian Issue: 2/2021

From ancient times until today, the sea has been a border, but also - a link. The use of marine waters is dealt with in international maritime law, but it is a matter of international relations as well. A brief historical overview of the impact on the Black Sea over the centuries has been made. The problem of sovereignty is also derived from history. This issue remains relevant and controversial. In the paper, sovereignty is considered from a legal and geopolitical perspective.

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L´ATTIVITÀ DELLO SCAPHARI COME PRECEDENTE DEL CONTRATTO DE MOVIMENTAZIONE PORTUALE

Author(s): Tewise Yurena Ortega González / Language(s): Italian Issue: 2/2021

In this study we intend to briefly analyse one of the contracts that the Maritime Navigation Law classifies as „contracts auxiliary to navigation“, the port handling contract, trying to establish the existing connections between the current regulations in relation to the activities carried out by port operators, the contractual modality and the liability regime, as well as the activity carried out in the ports of ancient Rome by the professional staff of the scaphari.

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L'INFLUENZA DI LITUS MARIS SULLA LEGISLAZIONE COSTIERA SPAGNOLA

Author(s): María Etelvina De las Casas León / Language(s): Italian Issue: 2/2021

The issue of litus maris is not a current concern to determining the coasts of individual countries. Roman law endeavours to analyze the question and above all to attend to the needs of a community. Although terminology may have evolved, the purpose has remained the same: concern for the environment and the legal regulation for the benefit of all mankind. When mentioning res communes omnium or res publicae, we ask ourselves whether they really have a different meaning or whether, on the contrary, we can consider them synonyms. In this sense, neither the sources, nor the doctrine is unanimous. From our point of view, however, everything boils down to a terminological and semantic problem, where the purpose is one and the same: to recognize a good of an entire community, which belongs to humanity and which we cannot make unlimited use of outside the legal system itself. Once again we find a topic that, although it seems contemporary, had already been taken into account in Roman jurisprudence and literature as well. And therefore, we see the impact and influence of Roman law on our contemporary legal system.

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EFFECT OF CORRUPTION ON FOREIGN DIRECT INVESTMENT INFLOWS IN COUNTRIES OF THE WESTERN BALKANS

Author(s): Artan Hajdini,Lum Collaku,Safet Merovci / Language(s): English Issue: 1/2023

The purpose of this study was to investigate the effect of corruption on Foreign Direct Investment (FDI) in the Western Balkans countries, including Bosnia and Herzegovina, Croatia, Kosovo, Montenegro, North Macedonia, Serbia, and Albania. Secondary data from The World Bank, Transparency International, and International Monetary Fund databases were utilized to complete this study for 2012-2020. The built model of multiple linear regression included four independent variables, namely: Corruption Perception Index (CPI), Western Balkan Corruption Ranking (WBCR), Exchange Rate (EXG), and Inflation Rate (INFL), as well as FDI as a dependent variable, and data effects were analyzed through the SPPS scientific research software program. The results found that if CPI and WBCR were to increase by one unit, FDI would decrease by 0.088, namely 0.624, while if EXG and INFL were to increase by one unit, FDI would increase by 0.165, namely 0.236. In order to fight corruption and potentially attract more foreign direct investment, the governments of these countries should work to harmonize their anti-corruption laws with those of the European Union. In order to prevent the negative consequences of FDI inflows, they should also maintain a balanced rate of inflation, which entails stabilizing exchange rate fluctuations.

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ASSESSING THE SCOPE OF LEGAL IMMUNITY IN MODERN LEGAL SCIENCE: THE NEED FOR QUESTIONING UNDER UKRAINIAN LAW

Author(s): Valerii Sokurenko,Oleksandr Morhunov,Serhii Ablamskyi / Language(s): English Issue: 1/2023

Everyone is born equal and expects to be treated similarly before the law in cases involving criminal activity and other obligations. It is problematic to have some people immune to legal consequences because they enjoyed special treatment in the eyes of the legislation meant to protect them. The issue we must bring up is crucial, as there is always the need to conduct a thorough investigation into the commission of crimes to secure justice. However, the tendency is that as far as immunity is on the individual concerned, this would frustrate the prosecution process. In this vein, it was proposed that this study investigate how immunity relates to today’s state of the law. We will look at an analytical approach to determine if immunity’s status has changed due to the rise of modern legal science. The paper overviews the legal framework adopted in Ukraine concerning immunity given to certain public servants.

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REGULATING FAKE NEWS IN TRANSNATIONAL JURISDICTION: A COMPARATIVE STUDY OF BRAZIL AND ARGENTINA

Author(s): Prabhpreet Singh,Driton Kuqi,Vijaylaxmi Sharma / Language(s): English Issue: 1/2023

Many oppressive governments have passed cyber laws, cracking down on free speech, and used less traditional tactics to restrict people’s capacity to speak freely and in public. This is particularly true in nations where the government regulates media and information flow due to closed information systems. Laws regulating fake news clash with citizens’ free speech and expression rights. The paper gives an overview of the hurdles in regulating transnational cases of fake news. In cases of cross-border jurisdiction, it becomes vital to examine International legal standards, such as international agreements and international institutions governing fake news. In this paper, we look at two case studies, one from Argentina and one from Brazil, to see how these countries have dealt with the issue of fake news in cases involving transnational jurisdictions. The paper concludes with the observation that various governments employ a variety of approaches and policies in order to combat fake news.

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LES CONTACTS DE L’EMPIRE ROMAIN AVEC LES HABITANTS DE LA SILÉSIE AUX PREMIERS SIÈCLES DE NOTRE ÈRE

Author(s): Piotr Sadowski / Language(s): French Issue: 2/2022

Today, Silesia is a large region located in the south-western part of Poland. A very small part of Silesia is currently in the Czech Republic and an even smaller part in Germany. In this paper, the author, Professor of the University of Opole, Piotr Sadowski, points to the examples evidencing the contacts between the ancient Romans and the inhabitants of Silesia at that time. He also asks about the nature of these contacts. He is convinced that the current cultural identity of Silesia, apart from Polish, German and Moravian factors, was also influenced by the achievements of ancient Roman culture. The author is aware of how many divergent views exist as to the ethnic affiliation of the inhabitants of Silesia in the first centuries of the Roman Empire. Probably at that time the representatives of various ethnic groups lived there, forming a union of tribes controlling the Аmber route. Numerous findings, especially the so-called Roman imports indicate that a number of Roman goods reached them - just recall a beautiful silver cup with plant and animal motifs from the 1st century AD found in Gosławice (today the part of Opole). The nature of Roman-Silesian contacts was influenced by the geo - political situation of peoples living between them. There was a time when Marcus Aurelius wanted to create two new provinces, Marcomanniа and Sarmatia. However, that did not happen. The Marcomannic Wars caused that trade relations in today's Silesia decreased and gave way to the political ones, as evidenced by the furnishings of the magnificent graves from Zakrzów (now the part of Wroclaw). Summing up, from the 1st century BC to the 5th century AD, the lands of today's Silesia were under strong influence of imperium romanum, initially most of all economic, later more political.

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ADMINISTRATION OF THE ROMAN PROVINCE DACIA

Author(s): Maria Albu / Language(s): English Issue: 2/2022

At the time of the conquest of Dacia, Rome was in terms of the form of government, in the phase of the Principate, the era inaugurated by Octavian Augustus. In terms of territory, Rome ruled a vast territory stretching from England to the Middle East and from Gaul to Egypt. Immediately after the conquest, Dacia entered the process of administrative, economic and military integration, as provided by the rules of Roman public law. According to these rules, it was organized as a separate province, with its own administrative, military and fiscal authority.

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SERBIA ROMAN PROVINCE. NIŠ IMPERIAL CITY

Author(s): Marija Ignjatović / Language(s): English Issue: 2/2022

Ancient Niš, better known as Naisus, was a developed settlement with a certain population that tended to grow over time. Historical sources say that the city had the status of a Roman municipality, which means that it had a very organized system of life. The size of ancient Naisus has not yet been fully determined, but considering the existence of the suburban part of Mediana, as well as the widespread villas around Mediana, it can be said that it occupied a good part of the Niš basin, crossed by the river Nišava as the main and largest watercourse in that region and that as an impregnable military stronghold, it was an important economic and cultural center of the Roman Empire. Naisus occupied a central position in the Roman province of Upper Moesia, which spread over the territory of today's Serbia. The original military fortification was created in the last decades of the 1st century BC on the right bank of Nišava and was the center of the various tribes: Dardanians, the Thracians and, briefly, on two occasions, the Celts, whose homeland is distant Gaul. A new period in the history and life of Naisus began at the beginning of the 4th century AD with the arrival of Constantine on the throne of the Roman Empire, the Roman emperor, one of the historical rulers who completely redirected the future of not only Christian Europe, but also the civilization known to us today.

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ROMAN LAW AND THE SERBIAN MEDIEVAL STATE

Author(s): Nebojša Ranđelović / Language(s): English Issue: 2/2022

The geographical space of the development of the Serbian medieval state was part of the origin and development of Roman law. The Serbian medieval state and its law would inevitably be created on the basis of the Byzantine tradition. The Byzantine Empire itself was the Eastern Roman Empire both by tradition and by all the features of society, state, law, and even by name. Its law and state organization, adapted to the new social relations and feudal order, were not negations, but a continuation of the Russian state-legal tradition. In such an environment, the Serbian medieval society and the Serbian state developed on the foundations of this tradition, incorporating their customary law into it. Serbian medieval legislation, rounded off by Dušan's Code, is a material witness to the aforementioned postulates.

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Human Rights in the Age of AI: Understanding the Risks, Ethical Dilemmas, and the Role of Education in Mitigating Threats

Author(s): Elena Shalevska / Language(s): English Issue: 2/2024

Artificial Intelligence (AI) is rapidly becoming part of our everyday lives and is, undoubtedly, transforming the world as we know it. While offering significant advancements across various sectors, this rapid development raises many concerns about human rights. Having recognized these concerns, this paper examined how AI technologies can infringe upon privacy, perpetuate bias, and disrupt the principles of intellectual property. Using qualitative research methods, including a systematic review of existing literature and policy analyses, the study discussed the major challenges such as algorithmic discrimination, misuse of personal data, and harmful content creation. Special attention was given to the role of education in mitigating these risks, as education and educators are a powerful force for addressing the ethical dilemmas of using AI now.

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