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A PRUDENTIAL PERSONALIST ETHICAL APPRAISAL OF HUMAN CLONING

Author(s): Peter O.O. Ottuh / Language(s): English / Issue: 3/2021

Numerous uncertainties are hanging over the biotechnology of human cloning which has prompted medical ethicists and religious organizations to ask questions that bordered on its ethical and religious considerations. In cloning humans, ethical and religious issues arise both in its clinical and laboratory settings hence, the morality of manipulating human genes is the foremost ethical issue among scientists and religious scholars. Therefore, this paper evaluated the human cloning technology using the personalism and prudential personalism ethical-religious models to arrive at a workable moral paradigm. To achieve this objective, the paper employed the phenomenological and critical-literary literature review methods. The paper argued that previous ethical and religious researches have not adequately employed the ‘ideal’ ethical models to appraise the morality of human cloning hence; using the personalism and prudential personalism ethical-religious models were appropriate to reveal that every human life has worth and its commodification is an aberration. The paper concluded that based on the paradigm of prudential personalist ethics, cloning humans (especially, human reproductive cloning) negates respect for human life, human dignity, and communal goods hence it should not be practiced.

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A quest for consistency in the law of commercial agency. Loss of the right to remuneration in Polish and European law

Author(s): Piotr Sitnik / Language(s): English / Issue: 71/2017

In a recent judgment in ERGO Poist’ovňa, a.s. v Alžbeta Barlíková, the Court of Justice of the European Union attempted to clarify the ambit of Article 11 of Council Directive of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents, that is the circumstances where a commercial agent’s right to remuneration may be extinguished should a negotiated transaction not be executed between the principal and the client. Notably, the Court held that in the event of even partial non-execution of a negotiated contract between the principal and the third party client, provided it happened due to no fault on the part of the principal, the agent’s right to commission is proportionately extinguished. The paper discusses the judgment in the light of previous CJEU case law and the Polish transposition of the said European standards with a view to finding any potential divergences between the two. The paper notes two problems. First, Polish law, as opposed to Slovak law, does not recognize an automatic termination of an insurance contract in the event of default on the part of the customer. Conversely, whether such an effect eventuates is left to contractual discretion of the parties. Second, Polish courts have been recently willing to substitute unjust enrichment for contractual liability even where, it appears, complainants have valid claims under Article 7614 of the Civil Code.

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A rendészet globális, kontinentális, regionális és lokális kihívásai és válaszai napjainkban

Author(s): János Sallai,Katalin Fekete / Language(s): Hungarian / Issue: 2/2018

In the 21th century it became clear that globalisation defines our lives, and it is present in every area of life, and thus, policing. In order to be able to handle the challenges of policing posed by globalization, we have to be familiar with its characteristics, effects and risks. As the magnitude and nature of the threats resulting from globalisation may differ, it is necessary to examine them separately on a global, continental, regional and local level. A solution to challenges must be found on each individual level. In opinion of the authors, the greatest policing challenges of globalization are the following: global warming, water and food deficiency, the worldwide spread of drugs, the fight for resources, terrorism, the widening “social scissor” between the north and south resulting from economic development, the overpopulation of Earth and migration.

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A REVIEW OF DEFENCE PRETRIAL DISCLOSURES WITHIN THE CASE MANAGEMENT THEORY OF CRIMINAL PROCEEDINGS IN GHANA

Author(s): Isidore Kwadwo Tufuor / Language(s): English / Issue: 43/2022

This article examines the concept of defense disclosures within the theory of managerialism in criminal proceedings in Ghana. Through a doctrinal and comparative legal analysis with the English jurisdiction, it finds that in substance, the requirement of defense disclosure seeks to move the criminal process from its core protectionist ideology that insulates the accused from matters of proof toward a managerial process informed by objectives of truth-finding, trial efficiency and case management. Ironically, this new direction in the criminal trial process is in practice denounced as being at odds with the procedural due process values that shield the accused from matters of proof and pretrial disclosures. The problem is that unlike in England where the move towards defense disclosures is informed by a clear policy change, the managerial policy introduced by the Judiciary in Ghana is not grounded in any articulated theory or policy direction. While pursuing a path of ensuring effective criminal adjudication through mutual disclosures by the parties, it is important to find a proper balance between the denounced but yet adopted procedural concept of defense disclosures and the highly valued protectionist rights of the accused.

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A WORD FROM THE EDITOR

Author(s): Adib Đozić / Language(s): English / Issue: 8/2019

In Volume 6 of the edition “Monumenta Srebrenica“ we talked about the phenomenon and meaning of the culture of remembering for the whole socio-historical existence of social groups, first and foremost, nations and states. In the last, Volume 7 of the edition “Monumenta Srebrenica“, we discussed only one, specific form of collective consciousness of Bosniaks, that has developed recently, and that is self-shame, and we can also call it self-hatred, auto-chauvinism and the like, but that form of consciousness is very similar to the inferiority complex, that essentially degrades one’s own and values other cultural, traditional, political, religious and other life values.

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Aarhuská úmluva a její implementace do právního řádu České republiky

Author(s): Jaroslav Chyba / Language(s): Czech / Issue: 1/2001

The Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters dates from June 1998. The present paper deals with the comparison of the Aarhus Convention and the corresponding Czech national law. The Aarhus Convention appears to be very compli­cated and many of its provisions contain ambiguity. It is shown that a restrictive reading of the Aar­hus Convention is almost identical with the national law. On the other hand, a more extensive explanation of the Convention would require conceptual changes in the Czech law, concerning namely the review of administrative decisions by the courts of law.

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ABD’NİN 2001 AFGANİSTAN İŞGALİNDEN SONRA İŞLEMİŞ OLDUĞU İNSAN HAKLARI İHLALLERİ

Author(s): Jamaluddin SADRUDDİN OGHLİ,Zahir Ahmed Khaleqi / Language(s): Turkish / Issue: 48/2020

Human rights Express those Fundamental rights that every human being have this rights inherently. Many institutions and organizations have been established for the development and implementation of human rights, many serious revolutions took place in order to ensure and survived human rights to come until to day as well. Particularly, in the 20 century, from one hand, serious steps were taken related to the human rights, on the other hand, the most serious human violations were done and experienced in the same century also. For example: the genocide of Nazizm in Germany against Jews, Algerian genocide which was done by france, the genocide in East Rowanda and Bosnia, the US genocide in Vietnam. İnternational institutions such as UN failed to prevent scuh human rights violations. The US has done many human rights violations in Afghanistan in many area after the 2001 intervention in this country. From arbitrary arrest to violations of life, from war crims to freedom of expressions, from the use of banned bombs to the US soldiers who involved in the crim not being prosecuted under the Afghan law. In this article, descriptive methood has been used. The aim of this article is to examine the violation of human rights from 2001 until to day which has been done by US soldiers under the framework of İnternational human rights declarations.

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Abordarea normelor sociale – schimbare de paradigmă privind inegalitatea de gen: perspective ale dezvoltării umane 2020 (PNUD, NEW YORK, 2020)

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

The UNDP report published in March this year proposes an original and innovative approach to combating gender inequality. Based on the idea that today`s society still places women in a glass cage, the authors of the report reveal that it is not glass out of which it is built, but prejudices about women perpetuated over time. What is worrying is the fact that both men and women around the world manifest these reluctances and prejudices. The authors of the report take a new perspective on why there are still power gaps between men and women in countries` economies, political systems and corporations, despite real progress in combating gender inequality in areas such as education, health and removing legal barriers through the political and economic participation of women, and suggest how we can reinvent social norms for the benefit of all. The report focuses on a new indicator for measuring social norms and customs that obstructs or affects gender equality in politics, employment and education - an indicator that experts have called The Gender Social Norms Index (GSNI). This index shows that progress on gender equality has slowed in recent years. Data were collected from 75 countries (including Romania). In calculating the index, the political, educational, economic and physical integrity dimensions were taken into account (where there is a risk of violence). Issues such as the decision-making power and representation in politics of women vs. men, educational ability, the economic aspect of employment, as well as abuses against women are also tacked.

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About Non-Positivist Perspective on Legal Values in International Law

Author(s): Mario Krešić / Language(s): English / Issue: 2/2020

The distinction between legal and non-legal values can be made from the aspect of legal system analysis. Since the content of the legal system depends on the identification of norms that establish such content, the problem of the identification is crucial for any kind of consideration of legal values. In discourse of international legal scholars, we can recognize attempts to identify values which are not dependent on the existing social practice. The purpose of this paper is to analyse such an approach to legal values as opposite to the positivistic account of the law and to analyse the main objection to this non-positivist perspective.

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About the international administrative law and other demons. A venture in a “delimiting law”

Author(s): Jakub Handrlica / Language(s): English / Issue: 3/2020

In scholarship, it was argued for existence of an "international administrative law" (internationales Verwaltungsrecht, diritto amministrativo internazionale, droit administrative international) as a special branch of municipal administrative law. Under this understanding, international administrative law constitutes a special (sub)discipline, providing for norms governing administrative relations with a foreign element. However, this concept wasn’t overall accepted in the scholarship of administrative law and some authors have argued, international administrative law represents more a field of emerging study, than an established legal discipline. This article aims to discuss thorny issues of the concept and summarise dogmatic considerations, expressed vis-á-vis international administrative law in the scholarship. At the same time, this article aims to settle these dogmatical considerations and to present international administrative law as a “delimiting law”, constituting a part of both substantive and procedural administrative law. Lastly, this article argues, that the parallel emergence of international administrative law in several jurisdictions echoes existence of this field as a part of an (administrative) ius commune.

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ABOUT THE LEGAL RESPONSIBILITY OF THE CENTRAL BANK IN MONETARY LAW

Author(s): Marko Dimitrijević,Srđan Golubović / Language(s): English / Issue: 1/2020

The subject of the analysis in this paper is to identify and evaluate the concept of central bank legal responsibility in the contemporary monetary law. In this regard, the research focuses on issues related to the need of clarifying and defining the nature, type and extent of central bank liability and compensation mechanisms for damage that may be caused to third parties in the implementation of the transferred lex monetae in practice. The first part of the paper focuses on the axiological and dogmatic analyses of the legal framework of the central bank, which is governed by the national monetary legislation sui generis, and the interpretation of different legislative solutions in the practice of comparative monetary law in the area of responsibility and legal protection of the central bank. The subject of special interest of the authors is the monetary-legal analysis of the relevant provisions of the Law on the National Bank of Serbia, since in their opinion, a clear determination of the responsibility of the supreme monetary institution is a precondition for its credibility, not only in national but also in the international monetary order, and a conditio sine qua non of creating a reputable and consistent national monetary jurisdiction.

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ACCESS TO JUSTICE IN THE TIME OF PANDEMIC: FUNCTIONING OF LEGAL AID FORMS IN NORTH MACEDONIA

Author(s): Ivona Shushak,Vesna Shapkoski / Language(s): English / Issue: 1/2021

The international community has significantly increased its focus on the improvement of justice systems around the world, in recent years. With the increase in effort and interventions in the sector, there has been a need to create tools to assess justice systems, to identify the main elements affecting the workings of the justice machinery. In a context of increasing interest and engagement in justice systems reform, the ability of citizens to access justice institutions to address their needs has come to be seen as an essential element of development, human rights, democracy, and the rule of law. The Republic of North Macedonia has been dedicated in a certain amount to improving the access to justice following these global trends. However, the pandemic has brought to the surface many obstacles in the realization of these efforts and imposed serious issues that need to be further solved. In this paper, we will elaborate on the present situation in North Macedonia from the personal experience of law clinics and civil society organizations that work and contribute closely on this issue. Furthermore, we will identify particular points that need to be advanced and relevant stakeholders to be engaged, to improve the situation, and bring justice closer to everyone.

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Access to the Market and the Transparency as Principles of Public Procurement in the Legal Environment of the EU Neighbourhood Policy

Author(s): Ondrej Blažo,Hana Kováčiková / Language(s): English / Issue: 2/2018

The authors confront complexness and rigour of EU directives on public procurement vis-à-vis broad wording of international agreements concluded within EU neighbourhood policy. The firs reason for this comparison is ongoing spread of principles of the EU law to the third countries. The second reason is that both rely on the same goals: access to market ad fair environment via transparency because these principles constitute a subtle legal basis for public procurement legislation at all. Finally, these approaches were compared to the approaches employed in recent FTAs – CETA and EUSFTA.

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Accesul lucrătorilor migranți cu statut iregular la dreptul la muncă

Author(s): Nicolae Sadovei,Mihail Cebotari / Language(s): Romanian / Issue: 1/2021

International labor migration flows include a significant number of migrant workers who for specific reasons infringe residence rules in destination countries. These persons are considered to be the most vulnerable category of migrants, being prone to serious violations of their fundamental rights. States of destination have practically universally adopted policies to restrict and control irregular migration. In this context, the objective of this article is to establish the possibility for irregular migrant workers to benefit from the rights and results of their work, and to establish the limits and prohibitions that arise in the event of irregularity. The article examines both the international instruments and practice as well as regional and national approaches used by states in this field.

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ACCOUNTING POLICIES AND PROFESSIONAL JUDGMENT APPLICATION OF IFRS 16 "LEASING CONTRACTS"

Author(s): Nicoleta Pavel / Language(s): English / Issue: 2/2021

IFRS 16 “Leases” is the result of the joint effort of the International Accounting Standards Board (IASB) by the US National Standards Standardizer, the Financial Accounting Standards Board (FASB), to improve financial reporting on leasing activities. The two accounting standards normators found that the reported information on operating leases was not transparent and the existence of different accounting models for operational and financial leases reduced comparability for users of financial statements. In addition, the different accounting of financial leasing from operational leasing ‘provides opportunities to structure transactions to obtain a certain accounting result’ (Basis for conclusions in IFRS 16, BC 3). In these circumstances, IAS 17 ‘Leasing’ has been replaced by IFRS 16 ‘Leases’ and applies from financial year 2019. IFRS 16 “Leases” makes significant changes to the accounting for the lessee's leases and the information to be disclosed in the notes to the financial statements. To facilitate its understanding and application, IFRS 16 “Leases” is accompanied by application guidance and illustrative examples. The Ministry of Finance also created the legal framework for the uniform application of the standard by introducing specific accounting accounts in the General Accounts Plan annex to the Accounting Regulations în accordance with International Financial Reporting Standards, approved by Order of the Minister of Public Finance no. 2844/2016, with subsequent amendments and completions. Leasing accounting has been and remains a sensitive area in which professional accountants must exercise their professional judgment in order to assure users of information that the presentation of the items in the Statement of Financial Position / Balance Sheet and the profit and loss account has been made taking into account the fund economic nature of the transaction or commitment in question and not only the legal form of the lease. In the following, we intend to highlight how the application of the provisions of IFRS 16 “Leases” affects the Statement of Financial Position and the profit and loss account for entities that have the quality of lessee in a leasing contract.

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Achiziții publice. Aspecte referitoare la modul de interpretare a unor termeni/clauze contractuale – FIDIC Cartea roșie: penalitățile de întârziere datorate de Antreprenor, rezilierea contractului, revendicările Antreprenorului

Author(s): Mihai Dogaru / Language(s): Romanian / Issue: 07/2019

FIDIC conventions are standard contracts in the fields of constructions and plumbing, renowned and regarded internationally as standard contracts. These contracts were designed and structured by The International Federation of Consulting Engineers (FIDIC) founded in Belgium, France and Switzerland in 1915. FIDIC contracts were first used within domestic law in 2008, among other legal provisions which forced contracting authorities to use these standard conventions in projects involving public procurement. With regard to the way the FIDIC standard contracts work, we must take note of the fact that public procurement law is being corroborated with two other regulations: the Civil Code, as general law in the field, and the Guide of the Beneficiary for the use of Special Contract Terms issued by The Ministry of Economic Affairs and Finance, The Management Authority Ex – ISPA. Though The Guide of The Beneficiary has not been adopted as domestic law, it led to certain judicial and contractual practices within the field of public procurement, making its way into the sphere of the sources of law. This regulation is creating protocols among subjects of the contracts, helping apply the first article of the Civil Code. FIDIC contracts contain two types of conditions (general conditions and special conditions). The article proposes for analysis the aspects of the Special Conditions regarding the interest due for late payment owed by the Entrepreneur (sub-clause 8.7), termination of contract by the Beneficiary (clause 15), termination of the contract by the Entrepreneur (sub-clause 16.2) and claims of the Entrepreneur (sub-clause 20.1).

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Acorduri fiscale avansate (I). Noțiuni introductive referitoare la acordurile fiscale și unele considerații privind poziția lor în sistemul european de impozitare. O analiză comparativă a procedurii de ruling

Author(s): Botond-Zoltán Petres / Language(s): English / Issue: 1/2020

If one thinks about advanced tax rulings, then the infamous “Luxembourg Leaks” might come to mind, together with the fact that tax rulings are most often used by multinational companies to devise strategies through which they can avoid taxes. The conclusion can easily state, that a ruling as an instrument is questionable and is just an unscrupulous way which enables tax fraud. Or is it? Hereinafter, I will try to analyze the problem from a procedural point of view, and compare state practice, and the European Commission’s response to all these. For a deeper understanding of the phenomenon, the author will present the sources of the institution and the current “state of the art”, and will continue with the overview and details of the advanced tax procedure of some Central-East European Countries.

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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

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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Activitatea lui Gheorghe Sofronie ca profesor de drept internațional în cadrul facultății de drept orădene, în perioada interbelică

Author(s): Simina Ioana Goia / Language(s): Romanian / Issue: 1/2020

The functioning of the Faculty of Law in Oradea, between 1920-1934, left its mark on the existing cultural life in Bihor County. Among the personalities of the interwar Years, personalities who maintained the image of the University at a remarkable level -as being a genuine fountain of local and national culture- was also Gheorghe Sofronie.

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