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Some Remarks on the Eurocentricism and Imperialism in the Construction of International Law

Author(s): Punsara Amarasinghe / Language(s): English Issue: 9/2020

The modern international law is considered an offshoot of European intellectual contributions as its basic foundation is deeply imbued with the political and social upheavals took place in European history. As an example, the Westphalian order emerged in the culmination of thirty years war in 1648 was regarded as the most pivotal mile stone in modern history of international law. Yet the European domination and its intellectual contribution to the development of international law systematically excluded non-European nations from international law and its protection, which finally paved the path to use international law in the 19th century as a tool of legitimizing the colonial expansion. This paper seeks to trace the historiography of modern international law and its dubious nature of disdaining non-Europeans and their civilizational thinking. Furthermore, this paper argues how European historical encounters carved the map of international law from a vantage point, which gave an utter prominence upon the European intellectual monopoly. The results emerge from this paper will strongly suggest the need of an alternative scholarship to unveil the history of international law.

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РАД БОСАНСКО-ХЕРЦЕГОВАЧКОГ САБОРА 1910-1914. ГОДИНЕ

Author(s): Sanja Savić / Language(s): Serbian Issue: 53/2020

The constitutional period in Bosnia and Herzegovina began in 1910 with the enactment of the Earth Constitution and lasted until the outbreak of World War I in 1914. It is also a period when significant political realignments occur, triggered by different approaches of political groups to particular issues that had a social, economic, social, national and, finally, state-law character. Also, there is a sharpening of national and confessional relations. The developments in Parliament were very often reflected in the political situation in the country. Such political contradictions have been very skillfully used by the Land Government and the Joint Ministry of Finance to secure Austro-Hungarian interests.

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ХРИШЋАНСКЕ ПЕРЦЕПЦИЈЕ ПОЈМА И СВРХЕ БРАКА ПО УЧЕЊУ ПРАВОСЛАВНЕ ЦРКВЕ: ПРИЛОГ ДИСКУСИЈИ О РЕДЕФИНИСАЊУ ТРАДИЦИОНАЛНОГ БРАКА

Author(s): Slobodan Aničić / Language(s): Serbian Issue: 48/2015

This research focuses on the Christian understanding of the notion of matrimony and the Christian understanding of the purpose of marriage. The reason why the Christian perceptions of these categories were chosen for research is that both sides of debate are either missing the totality of the argumentation pertaining to the notion of matrimony – more often than not having misconceptions on the Christian approach to the issue, or they are trying to question the validity of the opposition’s arguments using false or incomplete interpretations of the Christian understanding of the purpose of marriage. Conclusions which were reached through discussion are as follows: The Christian approach to gender differences is not trying to achieve gender equality by way of negating the existence of the differences, the Christian concept is based on parity in worth of both sexes in its calling; corporeal union is seen as one of the three aspects of marital intercourse, next to love and friendship, which cannot be treated as purpose of union – otherwise marriage can no longer be considered to be arranged in a Christian manner; procreation is not and cannot be the purpose of marriage, it is cross-bearing which can be fulfilled through progeny and even not having children; same-sex partners cannot become a single body in the Christian sense since they are not of heavenly origin and cannot be associated with freedom

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Salim Kadri Kerimi, SUDBINATA NA ORGANIZACIJATA JUDŽEL- SUDSKIOT PROCESPROTIV JUDŽELDŽIITE (SUDBINA ORGANIZACIJE JUDŽEL - SUDSKI PROCES PROTIV JUDŽELDŽIJA

Author(s): Zećir Ramčilović / Language(s): Bosnian Issue: 9/2023

Review of: Salim Kadri Kerimi, SUDBINATA NA ORGANIZACIJATA JUDŽEL- SUDSKIOT PROCESPROTIV JUDŽELDŽIITE (SUDBINA ORGANIZACIJE JUDŽEL - SUDSKI PROCES PROTIV JUDŽELDŽIJA), Adeksarn, Gostivar 2022, 370 str.

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PERSPECTIVES ON THE PROTECTION MECHANISM OF THE GENUINE PROFESSIONAL EXIGENCY

Author(s): Oana Elena Gălățeanu / Language(s): English Issue: 29/2022

Discrimination, racism, sports ... an attempt was made in the present study to present the existing legal and institutional framework in Romania on combating and sanctioning any form of discrimination in the field of sports. The executive’s intentions to improve both the current legislation in this area and the institutional framework were also mentioned, as we appreciate that they prove that, in this field of social life, fundamental human rights are also wanted to be recognized and respected.

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Sąd Obywatelski Polski Walczącej w II Rejonie VII Obwodu „Obroża” Armii Krajowej

Author(s): Bartłomiej P. Szyprowski / Language(s): Polish Issue: 1/2022

The article details the creation and functioning of the Civil Court of Fighting Poland, established at the beginning of January 1944 in Region II „Celków” of Warsaw District VII „Obroża” of the Home Army, which was in operation until July 1944. The court was a judicial institution that dealt with criminal offenses of a lesser quality that did not fall under the jurisdiction of the Special Military Court of the Home Army or the Special Civil Court of the Government Delegation for Poland. The existence of the above court was previously unknown to the vast majority of historians, because until recently there were no known documents related to the functioning of this court. The recently discovered source documents made it possible to take a closer look at the organizational rules of the court and its rulings. The author introduced the principles of the court’s functions and their assessments in legal terms and tried to present the profiles of its constituent and issued judgments, and the manner of their enforcement. The article also attempts to indicate that the establishment of the court was aimed at ensuring quick and effective penal punishment against people acting to the detriment of the local population and local military units, and that its location at the low level of the Home Army positively built public trust in the structures of the Polish Underground State.

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CASE STUDY ON THE CONSEQUENCES OF THE INSURER`S REFUSAL TO PAY THE COMPENSATION WITHIN THE TERMS OF CONTRACT

Author(s): Daniela Isabela Scarlat / Language(s): English Issue: 32/2023

In the case of goods insurance, the insurer undertakes to pay an indemnity to the insured, the beneficiary of the insurance or other entitled persons upon the occurrence of the insured risk. This article is intended to present a practical case with the help of which we understand how CASCO type insurance contracts work. The main issue of the case is the insurer`s refusal to compensate within the term, based on a case of exclusion from insurance provided in the contract. If, due to the unjustified refusal of the insurer to pay the compensation within the maximum term imposed by the insurance contract, the insured was obliged, for the company's operation, to rent a car similar to the damaged one, the correct solution of the court is to oblige the insurer to payment of the rental value of this car.

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Łużyce w wybranych polskich koncepcjach polityczno-prawnych po drugiej wojnie światowej

Author(s): Adam Krychowski / Language(s): Polish Issue: 1/2022

Polish interest in the area of Lusatia dates back to the 18th century, but it significantly intensified in the interwar period, along with the development of Polish western thought. An interesting aspect of Polish-Sorbian contacts was intelligence cooperation in the interwar period, which was interrupted by the outbreak of the war. With the end of World War II approaching, the issue of shifting Poland’s western border, as well as the reorganization of Germany, was becoming more and more frequent in various political circles. The Sorbian cause was also debated. It was postulated that Lusatia should become an independent state, be incorporated into Poland or Czechoslovakia or remain within the borders of Germany with the status of autonomy. It should be emphasized that the Sorbian subject in Poland was clearly related to the issue of the western border. Despite their efforts, the Sorbs were unable to internationalize their aspirations and to convince the Soviet authorities to accept them. With the creation of East Germany, the chance of some form of independence for the Sorbian people or merging with another Slavic country became very small.

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„Kwestia kobieca jest kwestią prawną”

Author(s): Helena Flam / Language(s): Polish Issue: 2/2019

In this article, the author considers women’s reformist milieus and women’s legal associations and unions, as well as investigates their development since the Weimar Republic until the 1950s. She discusses the actions of female lawyers educated in Germany as well as the activity of their associations with regard to the fight for equality. Even though German universities started to accept women as law students at the beginning of the 20th century – and women could not sit exams or work in their profession until 1922 (except for several Lands) – it did not stop women from establishing their own associations and being active in forcing changes leading to equal education, employment, voting, or family and civil laws for both men and women. Their efforts were terminated by WWII. Nevertheless, the experience they had gained in the public activities bore fruits during the mobilisation of women at the time of conflict with regard to the wording of the Article 3 in the Constitution of the Federal Republic of Germany.

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Krytyczna analiza ustawodawstwa Kosowa w zakresie uczestnictwa kobiet w życiu politycznym na szczeblu gminnym – standardy międzynarodowe i europejskie

Author(s): Sabiha Shala,Avdullah Robaj,EDITA MUSA / Language(s): Polish Issue: 2/2023

Women constitute half of the population in Kosovo, thus representing half of the voters in elections. Given the high importance of women’s representation in local governance, Kosovo has approved relevant legislation to guarantee gender equality at this level. The purpose of this study is to critically analyse Kosovo’s legislation on women’s political participation rights in the country’s municipalities. The analysis of Kosovo legislation on gender equality, international standards, and statistical data on women’s representation in local governance in Kosovo proves that women are underrepresented in municipal-level politics, with an average of 14.5% during the last twenty-three years, much lower than the gender quota in Kosovo and the world average of 36%. This is due to the non-sharmonisation of the electoral quota with the gender quota (50%), the non-implementation of Kosovo Law on Gender Equality, traditions, prejudice against women, and the reluctance of women to assume governing positions.

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Critical Analysis of Kosovo Legislation on Women’s Political Participation at the Municipal Level – International and European Standards

Author(s): Sabiha Shala,Avdullah Robaj,EDITA MUSA / Language(s): English Issue: 2/2023

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Paul D. Moreno, How the Court Became Supreme. The Origins of American Juristocracy

Author(s): Agata Czarnecka / Language(s): Polish Issue: 2/2023

Review of: Paul D. Moreno, „How the Court Became Supreme. The Origins of American Juristocracy“, Louisiana State University Press, Baton Rouge, 2022, 346.

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O jeziku normativnih akata prve hrvatske tiskare u Hercegovini

Author(s): Irina Budimir / Language(s): Croatian Issue: 9/2023

On the occasion of the 150th anniversary of the establishment of printing in Mostar and the establishment of the Printing House of the Catholic Mission in Herzegovina (Typhographia Missionis Catholicae in Hercegovina) in 1872, under the management of Father Franjo Milićević, this paper aims to present the language of the legislative acts of the time, such as the normative acts of the Printing House. By analysing the so-called first labour tariff (Rules for the Printing House of Father Franjo Milićević in Mostar from 1888), a type of statute (Rules for the Croatian Joint-Stock Printing House in Mostar, 1899) and business reports of the time (Report of Income and Expenses for the Establishment of a Catholic Printing House in Herzegovina, 1873, 1876), the paper presents the linguistic, and especially the lexical, layer as an example of administrative lexicon/terminology, and of the legal and professional terminology used in the printing industry at the time.In terms of language, the publishers respected the Illyrian influence and the norms of the Zagreb School of Philology in all the documents, which has also been confirmed by other linguistic studies on periodicals and textbooks published by the Printing House. Business reports were published immediately after the establishment of the Croatian Printing House, whereas the first labour tariff in Bosnia and Herzegovina ensued after the publication of Glas Hercegovca, a publication that would mark an entire decade of work under the linguistic influence of the Zagreb School of Philology. The Statute (Rules from 1899) was published a year after the release of the first issue of a new publication, Osvit, and the same year coincides with the publication of the grammar of the Croatian Vukovians (Grammar and Stylistics of Croatian or Serbian by Tom Maretić), and Broz’s already established and applied Croatian Normative Guide from 1892.The linguistic characteristics of all the normative acts are only partially different from the language of earlier publications, if one takes into consideration that the new language conception of the Croatian Vukovians had already been adopted and was being applied. With respect to the lexicon, there is an expressed usage of Latinisms as traditional professional terminology. Oriental and Italian loanwords are prominent in reports on business operations and the first labour tariff. In the lexical sense, the rules from 1899 basically confirm the usage of Croatian legal terminology from the codification period it was written in.

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NDRYSHIMI DHE ZGJIDHJA E DREJTË E KËRKESAVE E TË ANKESAVE TË QYTETARËVE PËRPARA VITEVE 1990 DHE NË DITËT E SOTME NË ARKIVAT E SHQIPËRISË

Author(s): Ergyseda Shpataraku,Estela MEMA / Language(s): Albanian Issue: 1-2/2022

This study aims to present an overview of the aspect of development and comparison of the service and the solution of social-legal requirements in two different periods and institutions. In the law no. 6853, dated 27.12.1983 on the administration of requests, the People's Council directs all political, economic, social and cultural life in its administrative units, being guided by general interests and agreeing with local interests. In support and implementation of Article 11/b, Law 9154, dated 06.11.2003 "On Archives", as well as order no. 273, dated 09.05.2019 for "Amendment of the regulation for meeting social and legal requirements of citizens". The implementation of the law consists in a better and more professional service and the reduction of complaints by the citizen evaluating the service provided by the employees of the institution. Also defining the procedures that each employee must implement to meet the requirements within the time limits.

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Implicitne spoljne nadležnosti Evropske unije

Author(s): Radmila Dragišić / Language(s): Bosnian,Croatian,Serbian Issue: 24/2022

The anthological ERTA case is considered to be a case in which the contours of learning about the implicit external competence of the European Union have been developed. That logically based teaching, which has already been elaborated in detail so far, celebrated its 50th birthday in March 2021. Therefore, it seems justified to remind ourselves of it and explore the extent to which it is relevant today. At the center of our interest is the substantive determination of external implicit competencies, their origin and genesis at the level of the Union, as well as the scope of their application in the post-Lisbon period expressed through selected jurisprudence of the Court of Justice of the European Union. We use analytical and synthetic methods in our research, with content analysis and historical-comparative analysis occupying a central place within them. Ultimately, we conclude that the concise clarification of cases in which the Union has external jurisdiction further strengthens the need to constantly follow the interpretations given by the Court in the ERTA judgment, which can be fertile ground for an overly extensive assessment by that judicial body

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Pojęcie „ius gentium” w „Summa Theologiae” św. Tomasza z Akwinu

Author(s): Bartosz Zalewski / Language(s): Polish Issue: 11/2022

The subject of the considerations in presented paper is the concept of ius gentium in two selected fragments of St. Thomas Aquinas: S.Th. I-II, q. 95, a. 4 and S.Th. II-II, q. 57, a. 3. The introduction to their detailed analysis is the discussion of three issues necessary for the correct interpretation of Aquinas’ argu-ments, i.e. the concept of ius gentium in the first book of the Justinian Digest, the definition of ius gentium in the Etymologies of St. Isidore of Seville and an explanation of the relationship between the concepts of ius and lex in the Summa Theologica. The conducted research allows to conclude that the Angelic Doctor uses the concept of ius gentium in a twofold sense. The first of them is of a juridical nature and can be equated with the understanding of this term on the basis of the sources of Roman law. Ius gentium is therefore a set of legal norms common to all peoples, which enable, first of all, mutual economic turnover, although to some extent also apply to the external activity of the state. The second meaning of the term ius gentium, although also to some extent inspired by the sources of Roman law, has a broader character and a deeper philosophical foundation. On the basis of the treaty on justice, ius gentium constitutes the social order of functioning of all people based on natural reason (naturalis ratio).

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LIČNOST I NASLIJEĐE PROFESORA FIKRETA KARČIĆA

Author(s): Amila Svraka-Imamović / Language(s): Bosnian Issue: 93/2023

Professor Fikret Karčić of the Faculty of Law of Sarajevo University was a world-renowned scholar in the field of comparative legal history. He was a brilliant intellectual of encyclopedic knowledge, an expert distinguished throughout the world, and a professor who made contributions at universities in Bosnia and Herzegovina, Turkey, Malaysia, Norway, and the United States. His principal academic interest were: the studies of the history of the Sharia law and Islamic institutions of Bosnia and Herzegovina, reformist movements in Islam, and Muslims of the Balkans, the works of Professor Karčić have been translated to English, German, Arabic, Albanian and Turkish languages. He actively participated and was a witness to many events in the recent history of Bosnia and Herzegovina. Professor Fikret Karčić passed away on March 16th, 2022.

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Naivnost vjere u apstrakciju pravnog poretka

Author(s): Bernard Špoljarić / Language(s): Croatian Issue: 03/167/2022

From the perspective of the political theory such is the one in Tractatus Theologico-Politicus by Benedictus Spinoza, the purpose of the state as a legal order is the establishment of the permanent condition of security and preservation of the people’s liberty. This also presumes instrumental-functional purposefulness of the state apparatus, which reflects in the combination of protection and obedience. Such a legislative establishment has its real and abstract dimension. Ideally, the latter is in service of the former. Problems that occur in practice as a challenge to the legal order are states of emergency, which are directly confronting security and freedom thus making them mutually exclusive. From that angle, legal-political thought is in need of a clear and distinct understanding of the concepts of freedom and servitude in the context of submission to the autonomous legislation of mind.

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„The Treaties and Covenants“ of Pylyp Orlyk of 1710: the influence of social and political circumstances on historical discourse

Author(s): Olena Sokalska,Volodymyr Kyrychenko / Language(s): English Issue: 1/2023

Nowadays history plays a significant role in the social and political life of the nation state. Since it aims to legitimize political institutions and rationalize official policies, it has basically become an integral part of it. Consequently, historiography sometimes formulates pseudoscientific ideological products justified by the political needs of society. Following these considerations, this paper offers a self-critical reflection on the approaches of Ukrainian legal history and non-specialized historiography to the study of a memorable legal document of supreme importance – the Treaties and Covenants between Hetman Pylyp Orlyk and the Zaporozhian Host of 1710, also known as the Constitution of Pylyp Orlyk of 1710. The article offers a critical review of the major existing hypotheses of Ukrainian legal history and non-specialized historiography which are based on research carried out at different periods of Ukrainian political reality (the imperial, Soviet and post-Soviet eras). It applies a critical approach in analyzing attempts to consider this document of feudal law within the paradigm of contemporary constitutionalism, evaluating their adequacy and correctness in terms of historical and legal scholarship. It also highlights alternative approaches in historical and historical and legal historiography to the political and legal assessment of the Treaties and Covenants of 1710.

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Was early modern natural law secularized? The current debates

Author(s): Ivo Cerman / Language(s): English Issue: 1/2023

Even though the idea that there was a one-way secularization of natural law in 17th century has been abandoned, it is still possible to speak about an unintentional long-term secularization of legal thought. This is the position advanced recently by Knud Haakonssen. I argue here that this approach also requires a focus on specific classical works that had „secularizing effects“. The matter may be complicated by changes that a classical work underwent in re-editions during the author’s lifetime, or by reinterpretations of a classical work itself that may reveal previously unknown religious undertones. On the other hand, contextual or clandestine texts by the author should not be regarded as relevant, but merely as other religious interests displayed by the author during his lifetime. This review article surveys current valid secularization theories, and then focuses on the recent volume Sacred Polities, edited by Hans W. Blom (2022). It raises a new question about the parallel „Hebraist natural law“ which existed side by side with the post-Grotian „secular natural law“. Petrus Cunaeus’s De republica Hebraeorum of 1617, which coined the term „theocracy“, is especially important. The chapters on Humanist natural law before Grotius show that the Danish Lutheran Hemmingsen had used a deductive method long before Pufendorf and Wolff. Recent research on Catholic natural law has underlined that the Catholics made a significant contribution in their optimistic conception of rational human nature. This is partly reflected in Blom’s volume, which also explains why the Neapolitan school of natural law was interested in Grotius’s conception. Finally, the chapters on Pufendorf demarcate the limits of human agency vis-à-vis divine voluntarism, and then in terms of political coercion in matters of religion. New research has established that Pufendorf rejected coercion only in fundamental matters of revealed religion, but admitted the use of force in uncertain religious issues. It has also been proved that Pufendorf ’s natural law was not backed by God arbitrarily, but within the framework of a „hypothetical necessity“.

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