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Laura Codruta Kovesi is leading candidate for newly created position of EU public prosecutor.
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Laura Codruta Kovesi is leading candidate for newly created position of EU public prosecutor.
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In this article the provisions of the Maritime Code of 2004 that deal with the maritime and submarine areas of the Republic of Croatia are analyzed in relation to the Proposal of Amendments to the Public-Law Provisions of the Maritime Code of the Republic of Croatia (September 2004), which was framed by the Department of Public International Law at the Faculty of Law in Split, with a view to filling the gaps and correcting certain imprecise or unclear solutions in the Maritime Code of the Republic of Croatia of 1994 so as to harmonize them with the new modern solutions and practice of the States.
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The paper deals with the foundation of the state as the most important part in the international law. It also addresses the facts that must be fulfilled for a state to be founded. The author tries to show and explain these facts through the example of the foundation of Bosnia and Herzegovina as an independent state after the fall of the former Socialist Federal Republic of Yugoslavia. The research includes the beginnings of the foundation of the independent Bosnia and Herzegovina, from the Badinter’s Comission, Cuttiler’s, Vance-Owen’s and Owen-Stoltenberg’s Plan, the Washington Agreement and to the Dayton Agreement, whose Annex 4 included the Constitution of Bosnia and Herzegovina. That was the first constitution since the independence of Bosnia and Herzegovina. This constitution defines the existing constitutional order in the state.
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An overview of international legal instruments formulated in the data table relevant for the Republic of Croatia is published. Relevant publications of international organizations or their official websites have been used for data sources. Official sources have been consulted for translations.The overview of the legal instruments is grouped by thematic: international public law; jurisdiction, arbitrage; safety of navigation; privileges, mortgages, ship registers; transport of passengers and goods; labor relations; marine environment protection.
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From the Universal Declaration of Human Rights in 1948, through the adoption of the International Covenants on Human Rights in 1966, research and development of the human rights under the auspices of the United Nations has symbolized the common aspirations of mankind for increasing the protection of all basic human values. Regarding those aspirations the human rights of solidarity can be seen as evidence of triumph of culture over nature.
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The aim of the article is to present the prescription model in Principles of European Contract Law and to demonstrate its advantages and drawbacks in the light of the Polish Civil Code. First, the origin and the significance of the principles are characterized, and then the main purpose of regulation – the unification of the model. This is done by subjecting all types of claims to identical prescription principles as well as by abbreviating and standardizing prescription periods.In the latter part of the article the author discusses individual elements of the prescription system, namely claims subject to prescription, periods of prescription, and the moment at which the prescription period starts running. Next, it is assumed that the European model of prescription is of subjective character. If the subject is ignorant of his entitlement to such a claim, this fact leads to the suspension of the course of the prescription period. A subjective model better suits current needs, making it possible to shorten the periods of prescription, and provides better protection of interests of the entitled person. Finally, circumstances interfering with the course of prescription period are presented. Additionally, a conventional regulation of prescription and the effects of prescription period termination are presented.
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The article presents the issue of the constitutional embodiment of a person's social right to employment against existing international standards. The author's considerations also concern other rights and freedoms pertaining to Labour Law, namely the right to remuneration, protection against unemployment, and association in trade unions as well as the right to conclude collective labour agreements, to negotiate and strike.
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The article discusses some aspects of the adoption of the Swiss Civil Code by Turkey in 1926. The authors deal with the reasons for secularization of the Turkish civil law through the acceptance of a foreign legal code in its totality and choosing the ZGB code, which is also briefly characterized in its formal respect. Recognizing the revolutionary nature of the adoption, the authors substantiate it in the latter part of the article by focusing on the regulation of family relations in the Ottoman Empire, incorporated in Islamic Sharia law. The immutability of its norms found in legal treaties of Muslim theologians contrasts sharply with the characteristics of each legal act within the European legal culture, including ZGB. The authors therefore maintain that the revolutionary character of the Turkish civil law reform consisted not only in the adoption of the foreign code in toto, but also in repealing Sharia in the form of old legal treaties written by orthodox Muslim theologians that were binding there and then, especially in family matters. The change in the system of legal sources and substance of law was really a revolutionary transition.
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U ovom broju Zbornika radova objavljujemo nastavak prijevoda posljednjeg poglavlja iz knjige: Paul Wilkinson, International Relations: A Very Short Introduction (2007.), Oxford-New York: Oxford University Press. Prvi dio je objavljen u Zborniku radova Pravnog fakulteta u Tuzli, god. III, broj 2, 2017.
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Without a doubt, Slobodan Jovanović was one of the greatest Serbian jurists, and in the period between the two World Wars, he was probably the most influential Serbian jurist. In this context, his views on the Serbian–Russian relations have exerted an influence on the formation of the dominant discourse, but also on many generations that came after his time (his bust in front of the Faculty of Law in Belgrade symbolically shows how highly he is valued in today’s legal circles, more than 60 years after his death). In his voluminous opus Jovanović suggests that the Peace of Bucharest, the Akkerman Convention and the Peace of Edirne were bilateral agreements between Russia and Turkey, with provisions that went in favour of the third party (pactum in favorem tretii), i.e. Serbia. He also gave a positive assessment of the Russian diplomacy during the 19th century. In that sense, Jovanović criticizes the Serbian historians who claimed the opposite, and even Miloš Obrenović himself. Finally, as a jurist, he also rejects the ideological division according to which only reactionary influences came from Russia, and only freedom and enlightenment from the West. In his analysis of the Serbian–Russian relations Jovanović points out that it was Russia which insisted on the formation of a National Council in Serbia which was to ”limit” the absolute power of Miloš Obrenović. Such an attitude has retained its validity even in the 21st century because the dogma about the so-called Russian reactionary policy is still very much alive. As a jurist, Jovanović also shows understanding of the conflict of Russian and Serbian interests, or the interests of a small country and those of an empire. He remains midway between the uncritical idealization of Russia and even more intolerant Russophobia. He cites and compares numerous examples. He pointed out that, for instance, a Polish insurrection broke out in 1830, at the very same time when Russia was in negotiations with the Ottoman Porte over the Serbian issue. However, despite these (undeniable) facts, Jovanović does not draw Russophobic conclusions, which were so prevalent in the Kingdom of Yugoslavia. He remains midway between the non-critical idealization of Russia and even more intolerant Russophobia. Such opinions of a jurist, who was ideologically an anglophile, are still very important in 2018, when Russophobia present in the West, but also in a part of the Serbian elite, reaches the Cold War level.
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The subject of the present research is based on how the arrangement of the legal form of the commercial agent in the Bulgarian Commercial Act corresponds to the arrangement within the meaning of Directive 86/653/EEC/1986. The emphasis is placed on the differences between the two legislative acts – where the European legislator grants wider rights or introduces stricter restrictions for parties under the contract of commercial agent. For the purpose of the present research the differences in the definitions of the legal form of commercial agent, the form of the contract, the remuneration – time range, pay ability, chargeability, payout, compensatory remuneration, reimbursement and restriction of competitive activity have been examined. The provisions of the Bulgarian law, which are still not harmonized with the European law, have been taken and have been proposed possible practical solutions to the disputes arising from the unclear regulation.
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This article problematizes the legal concept of so-called hate speech in order to contribute to current debates on this complex and omnipresent social phenomenon. Firstly, it refers to the provisions of various international human rights instruments relevant in the context of combating hate speech, providing general legal framework for the proper assessment of this issue. Then it discusses the legal concept of hate speech and certain controversies and difficulties involved. In particular, it points to the specific distinction that must be established and preserved between hate speech and other forms of hateful speech. Finally, the jurisprudence of the European Court of Human Rights concerning hate speech is analyzed by providing relevant examples from its case-law. In this connection, certain serious deficiencies in the ECtHR hate speech jurisprudence are indicated and briefly explained.
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Dans son article le professeur Kreca fait l'analyse diu régime juridique de la recherche scientifique de la mer dans la zone épicantkieetale et dans la zone exclusivement économique. D'abord il rend compte de la réglementation de la Convention de Genève sur la zone épicon tinent aie de 1958 pour laquelle l'auteur trouve d'être, dans la cause concrète, indéfinie et controveirsable. Il indique particulièrement le désaccord avec l'article 2 et l'article 5/8 de la Convention car la disposition ultérieure annule les prémices sur lesquelles repose l'article 2 de la Convention. Outre cela, l'auteur indique les formules employées dans les alinéas 1 et 8 de l'article 5 de la Convention qui provoquent des indécisions. Puis H fait l'analyse du droit international coutumier de la recherche scientifique de la zone épicontinentale, pour se concentrer enfin sur l'analyse des conditions pour la recherche scientifique de la mer dans la zone épicontinentale et dans la zone exclusivement économique à la base de la Convention de 1982. Dans la Convention de 1982 n'est pas soulignée une différence évidente entre le régime juridique dans la zone exclusivement économique et celui qui est valable dans la zone épicontinemtale. Ces deux régimes sont entrelacés comme d'ailleurs avait accentué la Cour permanente le justice internationale dans le litige entre la Malte et la Libye. La base de la recherche scientifique de la mer dans la zone exclusivement économiquefait l'article 246 de la Convention à la base duquel les Etats riverains ont la juridiction concernant la recherche scientifique de ces deux zones, ainsi que dans la réalisation de cette jurisdiction ils ont droit d'arranger, d'approuver et d'affeotuer la recherche de la mer. L'auteur constate l'existante de trois catégories d'approbation dans la re- chercle de la mer dans ces zones (la première catégorie est de la nature de discrétion et elle est basée sur l'article 246/5 de la Convention; l'autre est celle qui se raporte aux conditions nomées „normalles" ('article 246/3) de la Convention; et la troisième et l'approbation tacité à la base de l'article 248 de la Convention.Outre l'analyse détaillé de ces trois formes, l'auteur rende c°mpte des règles qui se rapportent à la recherche elle-même.
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Greek parliament could follow suit within days if the government wins tomorrow’s confidence vote.
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The article provides an overview of the enlargement strategy and progress achieved in the Western Balkans. Various challenges are discussed, including lack of functional state apparatus and disputes with neighbours in the region. Transition process turned out to be more complex than anticipated, however, a new strategy adopted by the European Commission sets out a year 2025 as a perspective for Montenegro and Serbia to complete the accession process.
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A member of NATO and the EU, Romania is also focusing efforts on bilateral relations as well, strategic and special partnerships being a solid component of these relations. Military capabilities are more and more influenced by the perspective of the future global challenges and bilateral efforts are a good start for building such modern capabilities. Allocated resources are extremely important, the way they are spent and the invested made being the crucial difference in between now and future military cooperation.
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This Paper addresses the dichotomy between preemption and prevention and the inherent debates on the use of force pursuant to international law norms. Beyond the disputes on these concepts, what really counts is the use of both practices in the international arena, i.e. the practice of legality, legitimacy and effectiveness of intervention. Philosophy of preventive/ preemptive actions, although controversial, suggests the need to redefine the classical sovereignty based on its Westphalian coordinates, projecting this way a new strategic vision folded on the structural constants of the new strategic environment (weapons of mass destruction, terrorism, failed states).
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September 11 terrorist attacks had an impact on many issues in international relations and international law. The matter of humanitarian intervention has also undergone substantial change and continued to evolve as the Global War on Terror continued. The first response of the United States was the intervention in Afghanistan, based on the natural right to defense defined in the UN Charter. The humanitarian intervention in Iraq that followed was guided by the principle of preemption, previously built into the U.S. National Security Strategy. It turned out that preemption wasn’t justified, however substantial reasons of a humanitarian nature remained for the intervention in Iraq. International law on humanitarian interventions continued to develop to a generally accepted principle of Responsibility to Protect (R2P), which, unfortunately, was not applied in Syria and led to an overall deterioration of the country.
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Freedom of peaceful assembly represents one of the forms for involvement of individuals in the community’s political life. After identification of the relevant regulations of the European Convention for the Protection of Human Rights and Fundamental Freedoms, this paper firstly presents the fundamental standpoints of the European Court of Human Rights regarding restrictions to the freedom of assembly; thereafter, examines compliance of the legal solutions in Serbia with European legal standards in this field. The author concludes that the standards of the ECHR affirm the exercise of freedom of peaceful assembly as one of the significant postulates of democracy. The Law on Public Assembly (2016) Serbia has significantly enhanced the legal framework for the exercise of the right to freedom of peaceful assembly and achieves a higher level of compliance with national and European Union law.
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