"COFOLA INTERNATIONAL 2016. Resolution of International Disputes Public Law in the Context of Immigration Crisis

Author(s): / Language(s): English

The conference “COFOLA = Conference for Young Lawyers” is annualy organized by the Masaryk University, Faculty of Law from 2007. The main aim of this conference is to give floor to the doctoral students and young scientists at their early stage of career and enable them to present the results of their scientific activities. Since 2013 COFOLA has been enriched by special part called “COFOLA INTERNATIONAL”. COFOLA INTERNATIONAL focuses primarily on issues of international law and the regulation of cross-border relations and is also oriented to doctoral students and young scientists from foreign countries.

"Lex mercatoria"

Author(s): Michael Bourdeaux / Language(s): Czech Issue: 4/1998

Lex mercatoria is a part of an international judge's every-day routine concerning international treaties. This positive situation makes realization of the theory that was stili being denied some 20 years ago possible. French university scholar Bert­hold Goldman is considered the inventor of this theory. However the text contains opinions expressed earlier by some ether experts in comparative legal studies. The article deals with "lex mercatoria", i.e. with problems concermng law of international trade. The author touches upon a deep analysis of this theory and also mentions critical views of its opponents. Pragmatic remarks and comments are mentioned as well.

"Výhrada svedomia" z komparatívnej perspektívy

Author(s): Jana Martínková / Language(s): Slovak Issue: 3/2004

In 2003, the Ministry of Justice of the Slovak Republic submitted a draft Agreement between the Slovak Republic and the Holy See on the exercise of the reservation of conscience. The National Council of the Slovak Republic has not yet decided on this proposal. The term "conscientious objection" in the proposal means "an objection based on the principle of freedom of conscience, according to which anyone may refuse to do what he considers to be illegal in his conscience under the doctrine of faith and morals", the term "doctrine of faith and morals" being defined here as "a summary of the teachings of the Catholic Church" (Article 3, paragraphs 1 and 2). According to Art. 6 par. 1 of the proposal: "conscientious objection under this Treaty excludes the legal liability of the person who has exercised this right." The proposal therefore allows a certain group of persons to be exempted from legal obligations binding on all others - on the grounds that these obligations run counter to their religious beliefs.

"Отварящата" функция на Конституцията на Република България

Author(s): Galina Pisarska / Language(s): Bulgarian Publication Year: 0

This article aims to examine the theoretical legal aspects of one of the main functions of the Constitution of the Republic of Bulgaria, which opens the national legal order to the direct impact of international law. The so-called ‘opening’ function marks the implementation of the norms of international law into the Bulgarian legislation and their interaction. Outlining the characteristics of the other functions of constitution, its significant place and role in the life of society and state is analyzed.

#METOO AND US POLITICS: ANALYSING THE TWITTER CONVERSATION

Author(s): Vittoria Bernardini / Language(s): English Issue: 3/2021

The #MeToo movement has had a profound cultural impact on US society, and notably on US party politics. While many studies have addressed the #MeToo-related controversy arising from the Brett Kavanaugh nomination to Supreme Court Justice in 2018, the relationship between #MeToo and US politics before this event has remained understudied. This article, therefore, addresses this gap by looking at the role of politics at the beginning of the #MeToo movement. Focusing on the first six months of online activity on Twitter (October 2017 – April 2018), over 2 million tweets with the #MeToo hashtag are analyzed to identify the main activity patterns across the dataset and to gain insight on user behavior and participation in the conversation. Results point to the weaponization of #MeToo in the political context from its inception. It is suggested that #MeToo reflects the polarized political climate in the US and that it can be conceptualized as part of the wider “culture wars” (Hunter 1991) that characterize the public debate.

(R)EVOLUTION OF THE AXIOLOGY OF HUMAN RIGHTS, POLITICAL FREEDOM AND SECURITY AS A DETERMINANT OF UN PRAGMATISM. METAPHORIZATION IN LAW

Author(s): Jerzy Menkes,Anna Kociolek-Pęksa / Language(s): English Issue: 71/2021

The state, under the Westphalian order, was both the creator and product of international law which determined its position as the central actor of this system. The norms of international law defined the normative content of the internal security regime, where state security was identical with security as such in international relations. The reality that laid the foundation for this logical syllogism has been subject to gradual transformation that had its climax in the early decades of the 21st century. The states, previously holding monopoly of using force in international relations, which allowed for prevention of wars by means of intergovernmental agreements or maintenance of peace through institutionalized intergovernmental cooperation, lost their exclusive authority to use force. Stipulating ‘non-war’ by means of an (intergovernmental) international treaty became impossible since the non-state actors who apply force pursue counter-systemic goals and reject the international (and internal) order based on the rule of law. The state sovereignty, whose significant albeit not exclusive referent was autocracy and total power, has been transformed from the title of claim to cease the violation by the state into the personal right to protection (vested in an individual or minority/people/mankind in general).

(Re) thinking the International Labour Law: International Labour Standards, Regulatory Strategy and Universality

Author(s): Olivia de Quintana Figueiredo Pasqualeto,Catharina Lopes Scodro / Language(s): English Issue: 1/2022

In 2020, for the first time in the history of the International Labour Organization (ILO), we sighted the universal ratification of a Convention, that is, the ratification by all 187 Member States of the Organization. The C182—Convention of Worst Forms of Child Labour (1999) is identified as a fundamental Convention because it refers to one of the fundamental labour rights identified at ILO Declaration on Fundamental Principles and Rights at Work (1998). This Declaration, despite having been immersed in intense debates on the regulatory option adopted by the ILO (soft law), spelled out a list of fundamental rights and principles at work, approaching to the grammar of human rights. In this sense, it is possible to understand that Convention No. 182, since it is fundamental, already had a prominent role. However, universal ratification presents itself as opportune and strategic, especially when it formalizes the commitment of States to the observance of the parameters presented in the respective international labour standard. Thus, using the deductive method (Lakatos, Marconi 2003) and the bibliographic and the documentary research techniques, the study is going to analyse the importance of universalizing international labour standards for International Labour Law.

(Не) Прилагане на правото на ЕС от държавите членки

Author(s): Jasmine Popova / Language(s): Bulgarian Issue: XV/2017

The effective application of EU law is essential in order to guarantee European citizens and businesses the enjoyment of the benefits granted by it. The fact that Member States do not apply EU law correctly and effectively obstruct the achievement of key EU policy objectives. The purpose of the article bellow is, by analysing the current situation on Member states compliance with EU law, to outline the more frequent infringements, the main areas concerned, the effectiveness and the means to overcome the wrong application of EU law. Special attention is paid to Bulgaria’s performance in this area during the past 10 years of membership.

(НЕ)ИЗВЕСНА БУДУЋНОСТ КРЕДИТА ЗА УШТЕЂЕН ПОРЕЗ У МЕЂУНАРОДНОМ ПОРЕСКОМ УГОВОРНОМ ПРАВУ

Author(s): Dejan Popović,Gordana Ilić-Popov / Language(s): English Issue: 3/2022

Tax sparing clause emerged in the double tax treaties 63 years ago. Despite criticisms, it can nowadays be found in about 15% of all treaties, with Serbia having this clause in 44% of its double tax agreements. The authors are of the opinion that this provision represents a confirmation of the right to introduce tax incentives as a part of any country’s right to tax, while pointing out the necessity of preventing abuses of that provision. After an analysis of the effects of tax sparing on foreign direct investments in Serbia and on outgoing investments of Serbia’s residents has been conducted, the remaining part of the paper is dedicated to the future of the tax sparing clause in the light of the OECD/G20 initiative for global introduction of a minimum effective rate of the profit tax. Tax sparing could then be endangered, while the proposed relief in the form of the substance carve-out that will exclude an amount of income representing a percentage of the carrying value of tangible assets and payroll would create arbitrariness and administrative difficulties. It is unlikely that developed countries will accept a carve-out specifically linked to the spared tax.

100 г. от институционализирането на европейския модел за конституционен контрол

100 г. от приемането на австрийската Конституция и създаването на Конституционния съд на Австрия

Author(s): Sibila Ignatova / Language(s): Bulgarian Issue: 2/2021

2020 marks 100 years of the institutionalization of the European model of constitutional control. The article draws attention to the predecessors of constitutional justice in Austria. The current Austrian Constitution and the Federal Constitutional Court of Austria are presented - its composition, its administration and some of its main powers.

70 Years After the Declaration of Independence – Is There a Coherent Immigration Policy in Israel?

Author(s): Rami Goldstein / Language(s): English Issue: 17/2019

This article examines the immigration policy in Israel 70 years after the nation’s declaration of independence. Israel was established in an attempt to create a shelter for Jews in the Diaspora. Therefore, the policy of Israel towards immigrants has been sometimes criticized as being racist, discriminatory, or undemocratic. But is there a coherent immigration policy in Israel? In fact, aside from the Law of Return of 1950, which refers exclusively to Jewish immigrants, Israel still lacks a proper legal framework that can regulate foreign immigration. In many cases, immigration policy in Israel seems to be unclear and incoherent. With today’s reality of the global migration crisis, this legal vacuum represents a dangerous gap that prevents the State of Israel from effectively coping with the problem with respect to international law and humane standards. This paper will critically review the major features of current immigration policies, such as the policy of “direct absorption,” the expulsion of African immigrants, and the new procedures of the asylum seekers’ process in Israel.

A 60-a aniversare a OMI Un demers de calitate inovatoare pentru Organizaţia Maritimă Internaţională

Author(s): Helene Chalain,Jean Pierre Beurier / Language(s): Romanian Issue: 01/2011

Adoptarea, în martie 1948, a Convenţiei care a dus la crearea OMI (Convenţia OMI) trebuia să permită, în acelaşi timp, statelor să-şi exercite competenţa normativă asupra activităţilor maritime şi să centralizeze problemele aferente din sânul aceleiaşi structuri de cooperare. Şaizeci de ani mai târziu OMI dispune de o structură organică densă şi exercită un mandat lărgit. Istoria acesteia, care reiese din progresia constantă a funcţionării, arată că instituţia renaşte începând din anii 1980. Reforma din 1976, care a intrat în vigoare, elimină calificativul greoi al instituţiei pentru că aceasta nu mai este Organizaţia maritimă consultativă internaţională, ci Organizaţia maritimă internaţională. Revizuirea Convenţiei din 1948 permite, deci, toate fantasmele. OMI dispune oare de autoritate în măsura în care dispun OACI sau OIT? Bilanţul OMI este nuanţat pentru că nu poate şterge stigmatele istoriei, nici măcar nu poate scăpa de natura sa inter-guvernamentală. Totuşi, începând cu anii 1990, aceasta a intrat într-o fază de bulversări instituţionale şi politice care-i permit, în acelaşi timp, să-şi finalizeze lucrările şi să fixeze noi obiective ambiţioase.

A 63-a Sesiune a Adunării Generale a ONU – 25.09.-1.10.2012: „Oceanele şi dreptul mării”

Author(s): Author Not Specified / Language(s): Romanian Issue: 01-02/2012

À sa quarante-neuvième session, en 1994, l’Assemblée générale a décidé de procéder à un examen et à une évaluation annuels de la mise en œuvre de la Convention sur le droit de la mer et des autres faits nouveaux y relatifs, et prié le Secrétaire général de lui en rendre compte chaque année, à partir de sa cinquantième session (résolution 49/28).

A 70-a aniversare a Tratatului de la Paris la ceas de criză. Considerații asupra matricei convenționale primare a Uniunii Europene

Author(s): Cristina Alina Ciora / Language(s): Romanian Issue: 2/2022

The 70th legal anniversary of the European Union provides an opportunity to reflect on the Treaty establishing the European Coal and Steel Community with a view to identifying the elements that contributed to the success of the first European Community and the conventional lessons that may be useful for the present. By comparing the crises of 70 years ago with the crises of today, the conceptual incidence of the term „crisis” in the Treaty of Paris and the Treaty on the Functioning of the European Union, as well as the legal nature of the two legal instruments, the paper also tries to identify factors that might explain the current European Union's flaws in times of unprecedented crises.

A Commentary to Commission Implementing Regulation (EU) 2021/1079 of 24 June 2021 Laying Down Detailed Rules for Implementing Certain Provisions of Regulation (EU) 2019/880 of the European Parliament and of the Council on the Introduction and the Imp

Author(s): Giuditta Giardini / Language(s): English Issue: 2/2021

Regulation (EU) 2019/880 of the European Parliament and of the Council assigned implementing powers to the European Commission to adopt uniform provisions for effectively enforcing new rules on the import of cultural goods. The present commentary navigates the text of the Commission Implementing Regulation (EU) 2021/1079 of 24 June 2021 (“Implementing Regulation”), adopted to ensure the uniform implementation of the said import legislation by the Member States. The text of the Committee’s instrument sets up exemptions from the documentation requirements for certain categories of goods; contains detailed provisions on import licenses and statements; and establishes rules for the electronic system for the import of cultural goods. The ambitious provisions of the Implementing Regulation raise some important questions, e.g. whether the electronic system will facilitate the work of custom agents or engulf it; or whether national export offices and legislative bodies will step up to the challenge and quickly adapt to the new system and new rules.

A Comparative Analysis of the 2011 EU Directive on Human Trafficking, as Compared to the UN Palermo Protocol and the Council of Europe Convention

Author(s): Anca Iuhas / Language(s): English Issue: LXI/2022

This article will analyse the three most important documents tackling the issue of human trafficking at international and regional level: the United Nations Palermo Protocol (2000), the Council of Europe Convention (2005) and the EU Directive (2011), as well as the different paradigms and approaches they adopt in order to cover the most important aspects of anti trafficking – prevention, prosecution, protection and partnerships (the 4P strategy). Similarities and differences between these three documents will be closely analysed, as well as advantages and disadvantages they engender for victims of human trafficking from a human rights perspective.

A Comparative Study on the Conformity of Goods under the UN Convention on Contracts for the International Sale of Goods (CISG) and Ukrainian Sales Law

Author(s): LIUDMYLA SAVANETS,Hanna STAKHYRA / Language(s): English Issue: 2/2022

The conformity of goods is a central concept underpinning the CISG and is based, broadly speaking, on breach of contract. However, questions arise whether the concept of conformity under the CISG has found its place in Ukrainian sales law, especially due to the lack of comparative research on this topic. This article, therefore, seeks to answer key questions and close gaps in legal research. In particular, the article highlights the differences between the CISG and the Ukrainian sales law and indicates where the latter requires improvements.

A conceptual framework for assessing power and governance in contemporary democracy

Author(s): Mukesh Shankar Bharti / Language(s): English Issue: 44/2022

RESEARCH OBJECTIVE: The objective of the article is to define the conceptual framework of the contemporary governmental system and its style of functionality to strengthen democratic values, norms, and the rule of law. The purpose of the article is to elaborate governance that shares state power to facilitate the democratic rights of the people in the contemporary world. THE RESEARCH PROBLEM AND METHODS: This article aims to analyse the power and governance in the current structure of democracy. The article evaluates the dynamics of contemporary democracy and how the government shapes the power for better governance. Future research highlights the conceptual framework of the qualitative approach and relies on discourse analysis to find out the outcomes of this study. The study uses a theoretical approach to examine contemporary governance, different approaches and how to build socio political cooperation. THE PROCESS OF ARGUMENTATION: It discusses various aspects of modern democracy in the context of the governability of those who hold power. Furthermore, the article argues how the states are shaping modern democracy. How a new political order pioneers the norms of the state through its governance. What is the legitimate principle of the work for the new political order? RESEARCH RESULTS: As a result, the article tries to find out that modern democracy is running under a populist government in various countries in the world. The emergence of ultra right wing power groups diminished the norms of liberal democracy. CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: The article highlights the points as a conclusion of democracy facing many challenges in the new populist governance worldwide. The contemporary global communities are trying to make governance for peace, prosperity, and respect for the humanities but and on the other hand, international communities are failed in some places i. e. Afghanistan. This discussion recommends about international communities to create an environment for cooperation among different nation states to make an international partnership for the establishment of peace, cooperation for the well being of the people, and stop conflicts and recurring wars.

A CONCLUSION OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS

Author(s): Marko Jovanović / Language(s): English Issue: 3/2021

The international exchange of goods is done through a contract on the international sale of goods. A conclusion of a contract on the international sale of goods is based primarily on the autonomy of the will of the parties, unless that autonomy of will is limited by the compulsory regulations of the states. All sources of law cited in the paper, such as international conventions, autonomous sources of law and even customs and business ethics, can be changed by the disposition of the will, because they are of a dispositive character. The contracting parties most often agree on the application of the United Nations Convention on Contracts for the International Sale of Goods, the so-called Vienna Conventions, except in cases where there are general conditions and standard contracts. The Vienna Convention, which is a compromise of continental, Roman and Anglo-Saxon law, is most often contracted. The offer and its acceptance are necessary for the conclusion of the contract, except for standard and formal contracts.The offer is a final act, and the acceptance of the offer is a statement of the agreement with the offer. The offer must have essential elements of the contract, but it can also have irrelevant elements. By concluding a contract with the application of INCOTERMS clauses, most irrelevant elements of the contract are regulated.

A Contribution to the Deliberations on the Relationships Between International Law and Roman Law

Author(s): Bohdan Winiarski / Language(s): English Issue: 12/2021

The paper is an English translation of Przyczynek do rozważań nad stosunkiem prawa międzynarodowego do prawa rzymskiego by Bohdan Winiarski, published originally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1934. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Department of Public International Law” devoted to the achievements of the representatives of the Poznań studies on international law.