AXIOLOGY OF HUMAN RIGHTS. ON THE PREMISES AND DETERMINANTS OF CONTEMPORARY DISCOURSE IN THE PHILOSOPHY OF INTERNATIONAL LAW

Author(s): Jerzy Menkes,Anna Kociolek-Pęksa / Language(s): English / Issue: 2/2017

Considering the pluralism of the axiological sources of human rights, we claim that it is necessary to realize that we are facing at the moment an analytic extension of both the “number” of human rights (appearance of new generations of human rights), as well as the “quantitative quality” of human rights due to newly uncovered axiological sources such as the appearance of new values or a rede"nition of existing ones. In the presented context of the axiology of human rights and the axiology of their protection, it is easy to observe the axiological pluralism of the two spheres as well as numerous attempts to make the exegesis and interpretation both relative and instrumental in a domestic, European, and international sphere. Attempts to limit human rights in a camouflaged manner in the jurisdiction practice of particular states are quite abundant and an axiological justification of legal solutions that would make the implementation and protection of those rights (in particular those of the third, fourth and fifth generations) inetelectual—de facto (not de iure, since from a formal and legal point of view they correspond to declared rights and, without exception, the protected ones) is the guarantee of community security and, paradoxically, the protection of other people (i.e., the protection of religious sentiments, family, public morality based usually on the rules of the dominant religion). When transposing these problematics from the state perspective to the intra- and trans-state level, we need to demonstrate that in the international law of protection of human rights, limitation of these rights may also take place as a result of extra-normative factors due to so-called “instrumental relativism”', applied in the function of current political interests for which intrinsic human dignity happens to be infringed.

BM BARIŞ GÜÇLERİNİN CINSEL İSTİSMARI

Author(s): Zeyyat Bandeoğlu / Language(s): Turkish / Issue: 45/2020

Over the past almost 30 years UN peacekeeping operations have been consistently tainted by widespread reports of sexual assault, abuse and exploitation committed by peacekeepers. The fact that these peacekeepers, who are seen as a symbol of hope for so many in need around the world, could be further victimizing those they are intended to protect and help is a horrible situation to imagine not to mention live the reality of. This epidemic is exacerbated by the lack of ability on the part of the UN to put an end to these types of abuses. We will examine for the purposes of this paper the history of abuse and violations on UN peacekeeping missions, the measures taken by the UN to address the problem, outside suggestions for solutions, and finally address my personal views on how these issues can be solved in the long term.

BRAIN DRAIN AND TAX COMPETITION: DO WE NEED ANOTHER BEPS?

Author(s): Nikolai Milogolov,Azamat Berberov / Language(s): English / Issue: 4/2019

In the article we argue that the origins of the international tax base erosion in the corporate sector, which are the harmful tax competition for capital and old-fashioned international tax rules, are also relevant for the taxation of income of the high-skilled and mobile workforce. Therefore, a multilateral rethinking of the global tax architecture is proposed in order to conceptually address the problem properly and in a harmonized manner. We point out, based on the examples of Russia and Serbia, several problems of tax base erosion for mobile “talents”, with a case study analysis of scenarios of “talent” migration involving sportspersons, researchers and IT specialists. Finally, we propose some ideas for global tax cooperation in order to mitigate the negative tax effects of brain drain based on adapting the existing recommendations of the BEPS Project for the cases of migrating individuals.

BRAIN DRAIN TAX VS. BRAIN GAIN BENEFITS: GENERAL THOUGHTS FROM A SPANISH PERSPECTIVE

Author(s): Andrés Báez Moreno,Hugo López López / Language(s): English / Issue: 4/2019

One might expect that tax benefits introduced by certain developed countries to attract foreign high-skilled workers would run contrary to taxes aimed at the alleviation or deterrence of so-called brain drain. This article shows, however, that this is not necessarily the case: brain gain benefits might be justified by the existence of home-state brain drain taxes and, at the same time, serve to alleviate international double taxation generated by this type of taxes.

BRIEF CONSIDERATIONS ON PROCESSING A CHILD'S PERSONAL DATA

Author(s): Şchiopu Silviu-Dorin / Language(s): English / Issue: 2/2019

Since children require a specific protection with regard to their personal data, they receive special attention from the European legislator in the framework of Regulation (EU) 2016/679 as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data. That is why this paper aims to analyze the provisions of the General Data Protection Regulation referring expressis verbis to the processing of a child's personal data, without overlooking some aspects regarding the processing of personal data revealing the religious beliefs of a child as well as the processing carried out within the future online school catalog. We will consider not only the provisions of Regulation (EU) 2016/679 and the national legal framework, but also the guidelines issued by the former Article 29 Data Protection Working Party and subsequently endorsed by the European Data Protection Board. However, it remains difficult to assess to what extent the children of today who will become the adults of tomorrow will be satisfied with the way their personal data have been used prior to the time when they can express their consent to the processing operations.

CAMPS AND PLACES OF UNLAWFUL IMPRISONMENT OF BOSNIAKS IN THE AREA OF VIŠEGRAD DURING THE AGGRESSION FROM 1992 TO 1995

Author(s): Ermin Kuka / Language(s): English / Issue: 8/2019

With a clear, planned and deliberate intention and purpose of committing different forms of crime against humanity and international law, including the crime of genocide against Bosniaks, the aggressor established and organized many concentration camps and places of illegal imprisonment of Bosniak civilians in the area of Višegrad during the period of 1992-1995. There, physical and mental torture, abuse and ill-treatment, as well as the killings of prisoners were committed continuously and daily. In addition to men, women, children and the elderly were taken to the camps, which is a clear proof that the aggressor did not choose whom to capture and place in numerous camps and places of unlawful imprisonment in the area of Višegrad. Dozens and hundreds of Bosniak civilians from Višegrad were captured and imprisoned in the camps, where many were killed or were succumbed to injuries as a result of severe torture and abuse. It was just one of the ways for complete extermination of Bosniaks from the area of Višegrad and to create ethnically clean territories on the Drina River. The scope, scale and characteristics of crimes against Bosniaks from Višegrad, including the imprisonment of civilians in concentration camps, require a detalied elaboration of the treatment of the aggressor against detained civilians, which included constant torture, abuse, as well as the killings. The testimony of survivor inmates is also of great help in confirming these claims.

Cauzele Genov c. Bulgariei și Hasan & Chaush c. Bulgariei. Fragmente

Author(s): / Language(s): Romanian / Issue: 2/2019

Cauzele Tokes (nr. 1 și nr. 2) c. României. Răspuns la Întâmpinare

Author(s): Előd Kincses / Language(s): Romanian / Issue: 1/2020

Cazul Beiyaras și Levickas c. Lituaniei

Author(s): / Language(s): Romanian / Issue: 1/2020

Cele osobowe i rzeczowe w konfliktach zbrojnych w świetle prawa międzynarodowego

Author(s): Patrycja Grzebyk / Language(s): Polish / Publication Year: 2018

Książka Cele osobowe i rzeczowe w konfliktach zbrojnych w świetle prawa międzynarodowego to pierwsza na polskim rynku monografia wskazująca dopuszczalne prawnie cele w konfliktach zbrojnych zarówno o charakterze międzynarodowym, jak i niemiędzynarodowym. Omówiono w niej cele osobowe i rzeczowe przede wszystkim z perspektywy międzynarodowego prawa humanitarnego, a także praw człowieka oraz międzynarodowego prawa karnego. Lektura niniejszej książki odpowiada na pytania o legalność ataków na określone kategorie osób lub obiektów. Autorka wskazuje przy tym na podstawowe trudności w prawidłowej eliminacji celów wojskowych oraz możliwości pociągnięcia do odpowiedzialności z tytułu naruszenie prawa określającego cele w konfliktach zbrojnych. Monografia jest ważnym głosem w sprawie adekwatności regulacji prawa międzynarodowego do realiów współczesnych konfliktów zbrojnych.Patrycja Grzebyk - adiunkt w Instytucie Stosunków Międzynarodowych Wydziału Nauk Politycznych i Studiów Międzynarodowych Uniwersytetu Warszawskiego. Doktor nauk humanistycznych (2010). Absolwentka prawa (2006) oraz stosunków międzynarodowych (2005) UW. Autorka licznych publikacji z zakresu prawa międzynarodowego, m.in. monografii Odpowiedzialność karna za zbrodnię agresji (2010), wyróżnionej nagrodą im. Manfreda Lachsa i wydanej w języku angielskim (Routledge) w wersji poszerzonej pt. Criminal responsibility for the crime of aggression (2013), współredaktorka książki Pomoc humanitarna w świetle prawa i praktyki (2016). Stypendystka Fundacji Nauki Polskiej (Start 2012, 2013), Ministerstwa Nauki i Szkolnictwa Wyższego (2011-2014), Ministerstwa Spraw Zagranicznych RP oraz Centrum Prawa Międzynarodowego im. Lauterpachta Uniwersytetu Cambridge (2014); jest zastępcą redaktora naczelnego Rocznika Strategicznego. Wykładała m.in. na uniwersytetach w Genewie, Kijowie, Pekinie, Monachium, Zagrzebiu. Koordynuje działalność Network on Humanitarian Action w Polsce. Mama Zosi, Łucji, Kazika i Władzia.Fot. Michał RadochońskiProjekt Kreatywny

CHALLENGES IN THE ADMINISTRATIVE PROCEDURE OF TRADEMARK REGISTRATION AT THE WORLD INTELLECTUAL PROPERTY ORGANISATION

Author(s): Mihaela Cărăuşan,Cristiana BUDILEANU / Language(s): English / Issue: 14/2018

Intellectual property protection in an age of information in the cloud is a dynamic challenge for law and market. Business people are more engaged in the knowledge-based economies where intangible goods prevail and the intellectual property rights rules. Nowadays, not just the resulted goods and/or services are legally protected from other similar and/or identical subsequent ones, but also domain names. The study emphasizes the legal steps which must be followed in the international procedure of trademark registration. The trademark was used either as business identifier or virtual advertisement, but currently it become the domain itself. Information flow is global and without spatial boundaries the protection of goods and/or services and domain name has to be internationally recognized. Intellectual property surrounds us in approximately everything we do, and we are surrounded by the results of human creativity and invention and almost all are registered trademarks. The article is a quest for understanding international trademarks and intellectual property protection in the digital age.

CHILD PROTECTION UNDER GDPR

Author(s): dana volosevici / Language(s): English / Issue: 2/2019

The “datafication” of society requires clear, harmonized and strict measures in order to ensure the effective protection of the children, direct consumers of an important number of information society services. The paper aims to present on overview of the applicable provisions of the General Data Protection Regulation in the field of child protection in case of data processing.

China on the Hong Kong Protests: 2 Scenarios

Author(s): Marcin Przychodniak / Language(s): English / Publication Year: 2019

The radicalisation of the protests in Hong Kong has destabilised its economy and public life. This contradicts Chinese Communist Party (CCP) propaganda of a region that since 1997 has successfully reunited with China. The Chinese authorities have not rejected the use of military force on the streets of Hong Kong but first will try to take control of the situation through the local authorities, who have reduced the freedom of assembly and authorised brutal actions by police. These measures break the resolution in the Sino-British declaration of 1984 and are violations of international law. If the situation in Hong Kong deteriorates further, the EU will be forced to take a more determined position.

China’s Approach to the INF Treaty and the Development of Intermediate-Range Missiles

Author(s): Marcin Andrzej Piotrowski / Language(s): English / Publication Year: 2019

China criticised the U.S. decision to withdraw from the Intermediate-Range Nuclear Forces Elimination Treaty (INF), at the same time rejecting the idea of eliminating or reducing its own enormous missile arsenal. China is concerned that, after demise of the treaty, the U.S. will develop new intermediate-range missiles and deploy them in Asia. Expected changes in U.S. military strategy regarding Chinese and Russian missile arsenals indicate the urgent need for a cohesive NATO policy.

CONFLICT-RELATED SEXUAL VIOLENCE

Author(s): Delila Hasanbegović / Language(s): English / Issue: 5/2019

Conflict-related sexual violence refers to sexual violence against women, men, girls and boys which occurs in armed conflicts and includes: rape, forced pregnancy, forced sterilisation, forced abortion, forced prostitution, sexual slavery, forced nakedness and any other form of sexual violence of comparable gravity. This form of violence differs from sexual violence committed outside of the context of war, among other things, in regard to the context in which it occurs, number of persons involved and the degree of organisation of the crime, features of the perpetrator who, in armed conflicts, often acts as a representative of military and police structures which demands specific obligations from the state in the context of providing compensation for the damage caused.

Consideration about application of conflict-of-law rules, uniform law rules and of non-state rules of legal regulation

Author(s): Naděžda Rozehnalová / Language(s): English / Issue: 3/2008

The name opening our paper is not purposeless. It pursues a specific aim – to show existence of various groups of legal rules regulating or being able to regulate contracts including a foreign (international) element and in the same time to point out existence of horizontal and vertical relationships between these rules. In consideration of the required scope of the paper, it is possible only to outline these issues, namely even in a situation when we limited the subject-matter of the paper to the issues of a single contractual type – international purchase agreement.

CONSUMER PROTECTION AND NEW CONTRACT LAW IN THE EUROPEAN UNION AND IN ITALY

Author(s): Tiziana Rumi,Angelo Viglianisi Ferraro / Language(s): English / Issue: 1/2020

This paper deals with the recent normative modifications introduced in the European Union by the Directive 2011/83/EU (aimed to realise a full harmonisation of member states’ rules in some aspects of consumer and contractual law), and consequently in Italy, through the Legislative Decree No. 21/2014 (which transposed the supranational source). As it is known, the principal legal instruments used in the last years by the EU to protect the weak parties are the ‘information duties’ and the ‘right of withdrawal’. The new rules try to strengthen them, but the implementation of the European Directive in Italy gives rise to many arguable points and perplexities.

COORDINATION IN FOREIGN AFFAIRS OF UKRAINE: REGULATORY LEGAL MECHANISM

Author(s): Natalia Mudrenko / Language(s): English,Polish / Issue: 2/2019

Swift global transformations in international relations; the emergence of new communicationsthat provide instant dissemination and transfer of information; increase number of internationalactors - all above mentioned put on the agenda further search for more effective forms and mechanismsfor coordinating activities of public authorities in foreign relations for both Ukraine aswell as any other country.Research of the regulatory legal mechanism of coordination of the activities of public authoritiesof Ukraine in foreign relations shows that Ukraine belongs to a group of countries with a "rigid"form of coordination, that is characterized by stringently regulated sphere of foreign relations,broad powers conferred on the center of coordination as well as the mandatory accountability ofall authorities to this center.It was also found that the vast majority of regulations are a post factum reaction to certain violationsmade by the authorities whose international activity was not agreed with the Ministry ofForeign Affairs and caused negative consequences for Ukraine's image on the internationalarena. The above indicates that the current level of coordination of activity of state authoritiesof Ukraine in the sphere of foreign relations is characterized (by a scale developed by Professorof the University of Lausanne Dietmar Brown) as "negative" administrative coordination.

COURT OF PRACTICE OF THE REPUBLIC OF MACEDONIA AND COURT PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS: A NEED FOR SYMBIOSIS?

Author(s): Jelena Ristik / Language(s): English / Issue: 2/2017

The recent Report on Macedonia: Assessment and recommendations of the Senior Experts’ Group on systemic Rule of Law issues 2017, led by Reinhard Priebe and issued on 14 September 2017, notes that there is a need for achieving greater uniformity of court practice. The latter was also noted by the European Union within its latest progress reports on the Republic of Macedonia. Within the process of achieving greater uniformity of court practice, the court practice of the European Court of Human Rights must not be neglected. This was emphasized in the latest European Union reports on the progress of Republic of Macedonia as well. However, the use of the court practice of the European Court of Human Rights by the courts in the Republic of Macedonia is not satisfactory. This paper aims to show that there is a need for symbiosis to be reached between the court practice of the Republic of Macedonia and the court practice of the European Court of Human Rights. This will be done mainly through analysis of the relevant national legal frame. In addition, it will also be shown that uniform court practice that is in compliance with the court practice of the European Court of Human Rights is important not only for the legal security, but also for the Euro-integrative processes of the Republic of Macedonia.

COURT PROCEEDINGS AND VERIDICT TO RADOVAN KARADŽIĆ - CHRONOLOGY AND CONFIRMATION OF GENOCIDE IN BOSNIA AND HERZEGOVINA

Author(s): Dževad Mahmutović / Language(s): English / Issue: 8/2019

This paper brings the chronology of the trial, during which Radovan Karadžić was convicted, as the highest-ranking person in the territory of the former Yugoslavia. He was convicted of genocide in the Srebrenica area in 1995 and for persecution, extermination, murder, deportation, inhumane acts (forcible transfer), terrorism, unlawful attacks on civilians and taking of hostages by participating in four joint criminal enterprises (JCEs). The chronology was made based on official documents of the International Criminal Tribunal for the former Yugoslavia (ICTY) and completed with the Appeal Judgment Summary by the Appeals Chamber, in the proceedings against Radovan Karadžić. The sentence of life imprisonment imposed on him is a message to everyone that war crimes are not tolerated, and the extensive evidence in this case and the facts contained therein are particularly important for establishing the truth about the events in BiH, and deserve this and many other, different analysis.