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To compare and explain cases of transitional justice , we must first define the comparanda and explananda . This is the purpose of the present chapter.
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In March 1992 , some fifty participants from twenty -one countries gathered in Salzburg , Austria for a two -day conference organized by the New York - based Charter Seventy - Seven Foundation .
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If Slobodan Milosevic were being tried in a United States court, the current debate about his right to defend himself would simply not be taking place.
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INTERNATIONAL SEMINAR Transitional Justice in the Former Yugoslavia Belgrade (SIM ) / Zagreb (Croatia ) (26 - 30 December 2004) International Seminar (Second Session) Ethics of Honesty: The Role of Justice in Transition INTERNATIONAL SEMINAR Belgrade (SCG ) / Zagreb (Croatia ) (20 - 25 March 2005) Transitional Justice, History and War INTERNATIONAL SEMINAR Transitional Justice in the Former Yugoslavia Belgrade (SCG ) / Sarajevo (B&H ) MORAL APPROACH TO GENOCIDE: Beyond Ghettoization of Victims Transitional Justice In the former Yugoslavia (Fourth Seminar) Belgrade (SCG ) - Zagreb (Croatia ) or Sarajevo (BIH ) (11-15 December 2005) THE ROLE OF MEDIA IN TRANSITIONAL JUSTICE Transitional Justice in the Former Yugoslavia Fifth International Seminar THE ROLE OF MEDIA IN TRANSITIONAL JUSTICE May, 14-17 2006
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Law on Cooperation of Serbia and Montenegro with the International Criminal Tribunal for the Criminal Prosecution of Individuals Responsible for Severe Violations of the International Humanitarian Law Committed in Former Yugoslavia since 1991.
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DECLARATION ON THE STATE OF SERBIA’S OBLIGATION TO UNDERTAKE ALL MEASURES AIMED AT PROTECTING THE RIGHTS OF THE VICTIMS OF WAR CRIMES, PARTICULARLY THE RIGHTS OF THE VICTIMS OF THE SREBRENICA GENOCIDE
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Is liberal jurisprudence inherently at odds with any effort to orchestrate prosecution as public spectacle, for social didactics? What is the proper place with in an avowedly liberal legal theory for dramaturgical concerns about reaching a desired audience?
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The acceptance of a proposal for the conclusion of a contract in conformity with the United Nations Convention on Contracts for the International Sale of Goods is analyzed in the research. The essence of the definition for the acceptance of a proposal which is adopted in this Convention and when the acceptance of a proposal generates an action was disclosed. The acceptance of a proposal through “behavior” is analyzed at the end of the research. The acceptance is created by an act of volition or other behavior of the recipient of the proposal indicating that he agrees to the proposal. The silence or the omission by themselves do not mean acceptance. This Convention does not determine a particular form for the validity of the acceptance.
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Persons serving a prison sentence, regardless of the crime committed or the term of the punishment imposed, and persons subject to a legal incapacity continue to be deprived of the right to vote. The article contains analysis of the provisions of the Bulgarian legislation and comparison with the rulings of the European Court of Human Rights and the opinions of international organisations in the matter under consideration. Conclusions and recommendations de lege ferenda are drawn for regulatory review of the automatic restriction introduced.
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The article Towards interrogation of a child in criminal procedure is intended to acquaint a reader with the modern concept of obedience of the rights of the child in his or hers interrogation in criminal procedure and is aimed to introduce modern view towards these rights in criminal jurisprudence. In a subtitle National and Supranational Law. Good International Practices the stress is put upon the obligation of a state to guarantee the highest interest of a child – victim of a crime, in his or hers interrogation and to apply the higher standard whenever national law applies lesser standard of protection.
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Law is a sphere in which people live and in which they have the freedom to move, to transform, to do whatever falls within the parameters of the sphere, any attempt to break this wall is met with a force that repels its action and propel her inwards. We humans live within this sphere and are guided by legal rules that guide our actions so that we do not cross the line of legality, and any deviation is sanctioned as such. People's relationships are not limited only to the perimeter of a country. Thanks to the possibilities offered by the technologies of the 21st century, we can physically be in a state but we can contract from a distance, we can form friendships, we can communicate, more recently in the United Arab Emirates it is even possible to divorce at a distance by sending a message from the husband , to the wife that they are divorcing, however to be effectively divorced a judge's decision will be needed. Technologies make themselves felt more and more in our lives, and we make room for them, because they make our lives easier and offer us possibilities that sometimes we cannot actually fulfill. However, the right cannot be removed, rather, it is extended by the fact that it must also cover actions in the area of technology. Law develops and evolves along with the needs of society. In the times when people with a certain citizenship are not so tied to that state, in the times when they can be anywhere in this world, can work anywhere, in all these places and not only can find happiness and get married. At that moment the physical border between the states has dispersed and that man becomes a simple man living on this earth without being too tied to a certain state jurisdiction. Today, perhaps more than ever, we need states to collaborate, to realize the necessary prerequisites so that people do not encounter legal obstacles in marrying or working in another country. A concerted effort of all legislations is needed to work out the legal aspects involved in a marriage. One of the most beautiful moments in life is getting married. As well as being a personal moment, it involves a number of legal aspects.
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The article focuses on the procedural peculiarities of court investigations in cases of missing persons and death declarations. The jurisdiction of such cases has been determined. The criteria and the arguments for declaring a person missing or deceased were singled out. The procedural status of the applicant and the person concerned was analyzed. The necessity to expand the range of case participants has been proved. Special attention has been paid to the court claim requirements. The article also examines the problem of object of proof and the process of filing the evidence to court in order to justify the applicant's claim. The paper reveals the issue of court judgements and the proceedings for its renewal. It also reveals the consequences in case such court statements are satisfied. The author examines the academic positions of those scholars who researched such institutes in civil procedure perspective as well as the case law.
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Trade custom is a rule that has developed in the field of commerce on the basis of a constant and uniform repetition of actual relationships. Trade custom is of great importance in international trade and merchant shipping. The role of trade custom is increasing in the regulation of those areas of foreign economic cooperation that are not regulated by laws. Trade custom plays a decisive role in the resolution of disputes between parties to arbitration. A trade custom must meet the requirements: it must have the character of a general rule, be known in the relevant field of trade, defined in its content and reasonable. A condition for the application of a trade custom is knowledge of it by the parties making the transaction. Trade customs determine the content of some conditions of contracts (if there are ambiguities and inaccuracies in contracts).
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The recast of the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters arouses interest in the region in terms of both aspects, harmonization of the national legislation with the PIL of EU and its application in the courts of the Member States on matters related to the SEE countries. The obligation to harmonize national legislation with the Brussels I Regulation in the pre-accession period is disputable, as the regulations may not be transposed in the national law and the Brussels I Regime is based on the mutual trust between Member States, with no benefits for (potential) candidate states. The national legislators of the South East Europe used the Brussels I regime as a model for the reforms of their Private International Law Acts, but also to create a regional multilateral convention with identical content as the Brussels I Regulation, which is called the Sarajevo Convention. This leads to an interesting situation where the EU Member States and the Lugano Convention parties will become third States to their own regime taken over in the Sarajevo Convention. Consequently, the reform of the status of third States in the Brussels I recast gets a new dimension for both, the SEE states and the Member States of the EU.
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The Contract for the International Sale of Goods is the most important of all foreign trade contracts. This agreement is closely related to various types of work contracts - transactions aimed at the performance of work and the provision of services related to the supply of machinery and equipment. Execution of this type of contract involves the conclusion of a contract of carriage and insurance, and often also a license agreement, which is concluded in order to ensure the production of goods provided for by the contract for the international sale of goods.
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This paper presents influence of the enactment of several acts to judicial system in England. These acts have shaped the judicial system and each one has contributed to what we now call the modern judicial system of the United Kingdom. The first act dealt with in this paper was the Act of Settlement from 1701, which brought greater independence to the courts. After that, the paper treats the Judicature Act of 1873 and its amendments of 1875. These acts abolished existing Common law courts and new courts that were formed. The third act is the Courts Act from 1971, which established the Crown Court. The Crown Court had jurisdiction over most criminal cases. The last act mentioned in the paper is Constitutional Reform Act from 2005. This act abolished the appellate instance of the House of Lords and established the Supreme Court of the United Kingdom. The process of continuous development of the court has been completed with the adoption of this act. Using the historical method, these acts and their influence on the development of the judicial system in England throughout history are presented in this paper. Certain articles of these acts have been translated and they are part of this paper as well.
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Institut imuniteta svjedoka duboko je ukorijenjen kako u anglosaksonskom, tako i u evropsko kontinentalnom pravnom sistemu, kao jedno od značajnijih oružja za otkrivanje organizovanog kriminala. S razvojem teških oblika organizovanog kriminala u modernom vremenu ovaj institut pokazuje sve veću zastupljenost u zakonodavstvima zemalja širom svijeta i u međunarodnom pravu. Po uzoru na komparativno-pravna rješenja, i bosanskohercegovački pravni sistem regulisao je institut imuniteta svjedoka. Ovaj institut je u bosanskohercegovačkom zakonodavstvu, u cilju osiguranja što efektivnije primjene i ostvarenja ključnih ciljeva njegovog postojanja, doživio značajne reforme. Ovaj rad je i nastao s ciljem upoznavanja s novim zakonskim rješenjima sadržanim u Zakonu o izmjenama i dopunama Zakona o krivičnom postupku BiH. Rad prati razvoj instituta imuniteta svjedoka u komparativnom pravu, kao i u krivičnom procesnom pravu BiH, a posebnu pažnju posvećuje analizi izmjena i dopuna odredbi o imunitetu nastalih kao rezultat primjene odluke Ustavnog suda br. U-5/16.
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In this paper, through the content analysis and comparative analysis, we explore selected case-law of the Court of the European Union which refers to the interpretation of Article 20 of the Treaty on the Functioning of the European Union. We are doing so in order to determine the extent to which the Court has contributed to realising the principle of the best interests of the child through the interpretation of the mentioned article when those interests were violated or threatened to be violated. The cases considered mostly refer to the issue of the right of residence of third-country nationals in a Member State of the European Union in situations in which those citizens have minor children who are nationals of a Member State and have the citizenship of the European organisation. The anthological Zambrano case is the backbone of this research, in which the Court mentions for the first time that Article 20 prevents a Member State to deny the right of residence to a third-country national upon whom their minor children, who are citizens of a Member State and have the EU citizenship, are dependent, and to refuse to grant a work permit to that third-country national, as this would deprive those children of the enjoyment of the substance of the rights belonging to them as citizens of the European organisation. Using the parameters set in Article 20 of the Treaty, we analyse the selected cases that followed the Zambrano case and make concluding remarks.
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Since the start of the war in Bosnia and Herzegovina in 1992, there have been enormous efforts to conduct investigations and trials on the war crimes committed in Bosnia, leading to a large number of war crimes trials. While various scholars have discussed and evaluated the trials of the war crimes committed in Bosnia, they have done so mostly in a qualitative manner. In particular, none of the previous studies has presented a comprehensive picture of the domestic war crimes trials held in Bosnia, even though they constitute the largest share of the trials on the war crimes committed in Bosnia. In order to fill the gap in the literature, we collected the verdicts given at various levels of courts in Bosnia as well as from neighboring countries (Serbia and Croatia) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Based on the information available in the verdict, we coded key variables regarding the defendant, crime, and legal process and published the data as an online database named the War Crimes Trials Database (WCTD hereafter). This research note introduces the database and presents an overall picture of the data.
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The judgment of the Court of Justice of the European Union as of 6 March 2018 in Case C-284/16 changed the system and coordination of investment relations of the Member States of the European Union. The judgment set a fundamental precedent that changed the system of international investment law and placed the investment arbitration, conducted due to bilateral investment agreements between the EU and the Member States. The aim of the scientific study is to point to the new generation of the EU investment agreements which, in accordance with their importance, will influence the development of international investment relations between EU Member States and non-member countries of the world. The study was elaborated on the analysis of the rules of legal logic, systematics, accuracy and the generalization of conclusions. The analysis and interpretation of obtained results have proved that the traditional system of international investment agreements is being changed. A new model is emerging in the regime of investment agreement of the European Union.
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