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ACCESS TO INTERNATIONAL JUSTICE IN KOSOVO – LESSONS LEARNT

Author(s): Gamurari Loredana / Language(s): English / Issue: 2/2018

Since 1999, the accountability for human rights violations committed in Kosovo during and after the war was addressed by ICTY, UNMIK and EULEX. However, a whole set of crimes committed in the aftermath of the war were not properly addressed. The research aims to understand whether international judicial mechanisms intervening in Kosovo until today, successfully planted the seeds for the blooming of post-conflict justice. The paper adopts a qualitative approach, including analyses of cases, reports and interviews. The findings show that both international and local actors in many cases could not ensure justice for war crimes committed in the country, which brought to the conceiving of the Specialist Chambers, an extraterritorial court with no local personnel, but under Kosovo national legislation. The paper focuses on previous experiences to understand if the lessons have been learnt, showing the challenges that the new Specialist Chambers will have to overcome to bring justice.

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Access to the Court, as a basic principle of due process

Author(s): Sokol Mengjesi,Klodian Skenderaj,Anxhelina Zhidro / Language(s): English / Issue: 2/2018

Access to the court, is one of the basic principle of due process. This principle is provided by the international acts and also by domestic laws. Constitution of Albania provides that every person has the right to address the court in order to protect their own legal rights, freedom and interests. Access to justice is an important aspect of due process, the absence of which makes in-existent the discussion for respecting the principle of due legal process. This principle is one of the European Convention of Human Rights elements of the article 6 and it is specifically interpreted by the European Court of Human Rights. Albania undertook some action to reform the justice system, and some of laws are amendmented and affected even the part of access to the court. Some changes were done to the Procedural Civil Code, with the aim that the civil procedure to be easy, the time of the proceeding to be reasonable, the access to court to be easy for every citizen, the procedures to be simplified etc. In this paper there are analyzed the rights to address to the court, as part of appropriate process, cases when this right can be restricted, which is the practice followed by the domestic courts intertwining with the attitude that keeps the European Court of Human Rights, the changes that were made to the laws by Albania during these years and affects that access to the court.

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Access to Water in the Context of the International Watercourse: A Theory of the Community of Interest

Author(s): Mihajlo Vucic / Language(s): English / Issue: 3/2019

Securing free and equal access to water for individuals is foremost an objective of international water law. This article analyses the community of interest theoretical framework for the creation and implementation of rules that can achieve this objective. This theory is in line with the natural unity of the watercourse that traverses political borders between states. However, legal doctrine is not unanimous concerning its practical value, state practices largely evade it, and case law only provides declarative support without indicating precise contents of community rights and obligations. It seems that practical application of the community of interest theory is only possible through meticulous and systematic application of positive legal rules based on limited territorial sovereignty theory, in the spirit of joint management and use of common water resources.

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Accessibility of Polish and Nordic Cittaslow Towns

Author(s): Alicja Zawadzka / Language(s): English / Issue: 2/2018

The main objective of this article is to indicate transport accessibility (according to two criteria: fly&60 and 6×60×60) and information accessibility (on the Internet) of all Polish (28 ) and all Nordic (9 ) towns — members of the International Network of Cities Where Living is Good. The research was conducted using non-reactive methods: content analysis and desk research. The analysis has shown that the fly&60 criterion is met by eight Cittaslow towns (seven Polish and one Nordic), and the 6×60×60 criterion — by five towns (four Polish and one Nordic), which confirms the thesis on the peripheral nature of Cittaslow cities, which in fact may be perceived as an attracting factor. Their location, away from frequently used routes, may attract (some of them already do so) tourists seeking alternative forms of leisure, following a growing global trend of sustainable tourism. The level of accessibility to online information on the Cittaslow towns is varied, but rather low.

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ACCESSION NEGOTIATION CHALLENGES FACING CANDIDATE COUNTRIES IN THE FIELD OF TAXATION

Author(s): Savina Mihaylova-Goleminova / Language(s): English / Issue: 79/2018

The Copenhagen Criteriaset out the essential conditions which candidate countries must satisfy in order to become member states.The present paper aims to study the effects of opening of the Taxation Chapter in EU accession negotiations for candidate countries, and to present the Bulgarian experience and achievements in this area. The role of the European Union’s Instrument for Pre-Accession Assistance (IPA) will be discussed as a major contribution and support in the accession process.The knowledge and implications outlined in the present paper could help to strengthen the role of academic circles in the accession processes of Western Balkan countries in line with the priorities of the Bulgarian Presidency of the Council of the EU.In addition to texts in the field of law, the present study and the analyses carried within have made use of information published on the Internet, quoting the exact source. The subject matter is complex and multifaceted, and the study makes no claims to being exhaustive.

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Acordarea protectiei internationale in Uniunea Europeana în contextul sistemului european comun de azil

Author(s): Elena Loredana Pîrvu / Language(s): Romanian / Issue: 1/2017

The 2012-2015 period is the period when the European Union has committed to establish a common European asylum system by establishing a common area of protection and solidarity based on a common asylum procedure and a uniform status for those beneficiaries of international protection. CEAS is based on three pillars: harmonization of standards of protection through further alignment of Member States' legislation on asylum, practical cooperation effective and sustained and increased solidarity and responsibility not only in EU member states, but also between countries inside and outside the EU.

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Action Memo – Final Document of the Young Faces Network Programme 2010 Organized by the Geneva Centre for Democratic Control of the Armed Forces (DCAF)

Author(s): Sonja Zuber / Language(s): English / Publication Year: 2011

With the Lisbon Treaty, new challenges have been raised for the national parliaments when it comes to the oversight of the CSDP. Macedonia as a candidate member state must follow the activities in Brussels closely regarding these issues, as alignment to the regulations from the Lisbon treaty should be of a highest priority. This review has brought to light several issues that the committee and Parliament face in the decision-making process regarding sending troops in missions under the CSDP. This memo provides brief description of the cooperation between Macedonia and EU regarding CSDP, identifies the main shortcomings and puts forward several propositions for ensuring close and successful relations between Republic of Macedonia and the EU regarding CSDP. Those propositions are: forming a joint body with the Government and the Ministry of Defence specifically for peace missions and sending troops abroad; propose amendments to the current Law on Defence and institutionalise the process of cooperation with other defence parliamentary committees from the region.

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Actualitate internaţională – Decembrie 2013

Author(s): Bogdan Aurescu / Language(s): Romanian / Issue: 1/2014

The section contains a presentation of the most important cases brought before the International Court of Justice, the International Criminal Court and the Special Criminal Courts, and also a review of the treaties or agreements concluded, the conferences being organized and the celebration of significant events with both international and national impact.

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Actualitate internaţională – Februarie 2014

Author(s): Bogdan Aurescu / Language(s): Romanian / Issue: 3/2014

The section contains a presentation of the most important cases brought before the International Court of Justice, the International Criminal Court and the Special Criminal Courts, and also a review of the treaties or agreements concluded, the conferences being organized and the celebration of significant events with both international and national impact.

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Actualitate internaţională – Ianuarie 2014

Author(s): Bogdan Aurescu / Language(s): Romanian / Issue: 2/2014

The section contains a presentation of the most important cases brought before the International Court of Justice, the International Criminal Court and the Special Criminal Courts, and also a review of the treaties or agreements concluded, of the conferences that had been organized and of the celebration of significant events with both international and national impact.

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Actualitate internaţională – Octombrie 2018

Author(s): Bogdan Aurescu / Language(s): Romanian / Issue: 11/2018

The section contains a presentation of the most important cases brought before the International Court of Justice, the International Criminal Court and the Special Criminal Courts and also a review of the treaties or agreements concluded, the conferences being organized and the celebration of significant events with both international and national impact.

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Actualitate internaţională – Septembrie 2018

Author(s): Bogdan Aurescu / Language(s): Romanian / Issue: 10/2018

The section contains a presentation of the most important cases brought before the International Court of Justice, the International Criminal Court and the Special Criminal Courts and also a review of the treaties or agreements concluded, the conferences being organized and the celebration of significant events with both international and national impact.

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Advancing Global Environmental Justice through Environmental Networks

Author(s): Zerrin Savasan / Language(s): English / Issue: 2/2017

This article aims at studying on this global environmental justice paradigm arising as a new priority subject in the field of environmental studies. While doing that, it particularly focuses on environmental networks and their impact on advancing environmental justice. Hence, after studying the conceptual of environmental networks and environmental justice in the first two sections, it scrutinizes the relationship between environmental justice and networks in the third section. Finally, it discusses the lessons that should be learnt/ and also the potential ways for promoting environmental justice in response to the current/possible challenges benefiting from environmental networks.

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African Response to Transboundary Movement of Hazardous Wastes

Author(s): Jean Chrysostome Kanamugire / Language(s): English / Issue: 3/2017

Control or management of trans boundary movement of hazardous wastes is a global challenge. The industries in the developed states generate hazardous wastes in their activities. Developed states have stringent laws and regulations for the disposal of hazardous wastes. The industries have to dispose hazardous wastes in an environmentally sound manner. It is cost effective to dispose wastes in developed states. They target developing states mostly in Africa where they can dump their hazardous wastes. African states do not possess strict laws and policies for the protection of the environment and human lives. They also lack information to make an informed consent in the disposal of hazardous wastes. Basel convention regulates the transboundary movement of hazardous wastes on an international level. However, the African states want a total ban on the movement of hazardous wastes from developed states on their territories. Bamako convention precludes the movement of hazardous wastes on the African continent from the other countries. The paper opines that each state should dispose its hazardous wastes in an environmentally sound manner on its territory.

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Aksjonormatywne podstawy systemu globalnego bezpieczeństwa Organizacji Narodów Zjednoczonych

Author(s): Katarzyna Czajkowska / Language(s): Polish / Issue: 1-2/2010

Author want to consider evolutionary process of the basis of the United Nations international security system. In the last decade this basis undergo thorough revaluation in order to increase its effectiveness. Author want to consider three questions taking into the debate and revision on the ground of the organization. At first it is the matter of systemic elements identification. If this system should be create regarding to states, organizations or persons. At second debate is about the methods of control due to this system. If this control is the authoritative nature or it is connected with collective management of its members. At third discussion is about effectiveness of the system. If it should be result of common approval due to its assumptions or it fulfi lls through the overriding commitment under menace of some sanctions. Point of reference for the considerations is the conception of the global governance system. It would eliminate the domination of one member of the international community over the others, reduce the undemocratic tendencies and ensure balance between interests and needs of humanity. If we want this system to operate in global scale, we should accomplish many political, economical and social conditions. Although the main term is the tendency of its members to freely implement of international law and create international institutions. It gives the author an occasion to consider one more issue. The thing concerning character of the system, which from its very nature can provide universal, consensual or relative character of its own consequences.

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Aktivnosti UNESCO-a u uređivanju oblasti medija

Author(s): Amila Grbo / Language(s): Bosnian / Issue: 80/81/2018

The United Nations are in the mission and function of achieving peace and freedom, especially in societies that are moving through the process of democratization and respect for the truth, freedom of expression and affirmation of human rights and freedoms. They continuously create and adopt various documents - declarations, resolutions, recommendations, etc., that oblige member states to respect and apply the regulations that make the content of these documents. This in fact ensures the development of the world community, oblige non-democratic regimes to respect the prescribed standards, and ensures the protection of peace and freedom. In this way, United Nations not only encourage states to maintain peace and cooperation and to reject conflicts within a state, but also between different countries, and also influence the development of consciousness that primarily contributes to achieving or preserving peace and democracy. In this text, in fact, exactly these activities of the United Nations in construction of the binding regulation will be discussed.

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Aktualna reforma penzijskog sistema u Federaciji Bosne i Hercegovine: šta donosi novi Zakon o penzijskom i invalidskom osiguranju?

Author(s): Specified No Author / Language(s): Bosnian / Publication Year: 2018

The application of the earlier Pension and Disability Insurance Act caused constant losses that resulted in a high deficit in the Pension and Disability Insurance Institute. This finally raised serious questions about the pension system solvency in FB&H, pension adequacy and regular pension payments. In addition, bad economic and demographic situation, decline in working-age population, emigration of the young working class population etc. are just some of the reasons that also indicated the need for pension system reform in FB&H. This paper deals with the current reform of the pension system in FB&H through the analysis of the recently adopted Pension and Disability Insurance Act and the novelties introduced by it. Special emphasis is given to the provisions containing the elements of unlawful discrimination as well as unconstitutionality. As such, these provisions are contrary to the European and regional trends, the international conventions and to the Constitution of FB&H. As an obvious example of unlawful discrimination the paper particularly stresses the provision denying unmarried partners’ access to the survivor's pension. Also, the provision suspending the pension payments to one group of pensioners represents a violation of the right to property guaranteed by the FB&H Constitution and as such could be used as the basis for initiating a procedure for assessing its constitutionality. The analysis of the disputed provisions of the Pension and Disability Insurance Act points to their discriminatory and unconstitutional character and to the need for their amendment in order for FB&H to follow the European path and comply with the constitutionally accepted obligations with regard to the international conventions.

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Aktuálne tendencie ochrany náboženskej slobody v judikatúre Európskeho súdu pre ľudské práva

Author(s): Martin Gregor / Language(s): Slovak / Issue: 73-4/2018

The article analyses recent decisions of the European Court of Human Rights on protection of religious freedom and integrates them into the wider context of case law development. It deals with several judgments that have affected the registration of new religious communities. Following these judgments, a state may refuse to register a religious entity only for serious and sufficient reasons, otherwise there may be a breach of Article 9 of the European Convention on Human Rights. The article also highlights current developments concerning the wearing of clothing motivated by individuals’ religious beliefs.

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Aktywność Polski w przestrzeni kosmicznej – nauka, polityka i prawo. Stan obecny

Author(s): Malgorzata Polkowska,Jakub Ryzenko / Language(s): Polish / Issue: XXXVI/2016

The article concerns the activity undertaken by Poland in space - from the Copernican revolution to modern times. The Authors present a number of innovative measures which have been undertaken in the Polish cosmic thought for the last 20-30 years. The real achievement of Poland is the creation of several research centers, several research groups at universities and dozens of small and medium-sized enterprises. They, in turn, realize projects related to the techniques of satellite and space technologies. The Authors also present Polish international cooperation in the field of space activities, with a particular attention to the Polish membership in the European Space Agency, and refer to the creation of Poland’s first space agency in 2014 and the need to formulate law, strategy and Polish space policy following the example of other European countries. The agency faces many challenges and expectations concerning, among others, such issues as the promotion of cooperation between science and industry, the provision of greater access to international space programs for Polish entrepreneurs engaged in space activities which is proved to be profitable or the creation of a national space program.

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Aktywność Unii Europejskiej na rzecz bezpieczeństwa i obrony. Analiza w świetle teorii instytucjonalizmu historycznego

Author(s): Zbigniew Czachór / Language(s): Polish / Issue: 4/2018

In situations of real danger, Europe should be stronger and faster in action. Solidarity and resilience require the EU to be united and to act jointly and systematically in consultation with allies, partners and third countries. Preventing, sharing sensitive data, ending armed conflict, overcoming widespread human rights violations, spreading democracy and the rule of law, and combating terrorism are priorities of the EU and its citizens, and should be carried out both within the EU and abroad. It is extremely important to make rapid further progress in the development of civilian capabilities. This includes the need to increase responsiveness to ensure more efficient, faster and more flexible deployment of civilian missions in the field of the Common Security and Defense Policy, which are key as one of the pillars of the EU’s comprehensive approach.

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