Around the bloc: Putin Threatens Repercussions for Turkey’s Downing of Russian Jet
Syrian Turkmen fighters, a Turkey-backed rebel group in Syria, claim they shot Russian pilots as they descended by parachute.
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Syrian Turkmen fighters, a Turkey-backed rebel group in Syria, claim they shot Russian pilots as they descended by parachute.
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This article discusses Ukrainian independence war 1917-1921, Polish-Ukrainian relations in this time and Polish-Russian war as a background of building the Ukrainian state. The article relates to international public law. The author explains how and if the West Ukrainian People’s Republic reached sovereignty and independence.
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The entry into force of The Treaty of Lisbon on 1 December 2009 substantially changed the terminology used in legislative (decision-making) procedures in the EU. The basic change was the introduction of the division of acts of EU secondary law into legislative and non-legislative ones. At the same time legislative procedures were further specified and described in two forms as the ordinary legislative procedure and special legislative procedure. Apart from the two legislative procedures, EU decision-making procedures should also be taken into account, which, while producing specific political and legal consequences, did not aim at the adoption of a legislative act. They are determined by both the provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union. This type of decision-making procedure should be described as a non-legislative procedure. Decision-making mechanisms also take into account the hybrid nature of the EU and a variety of interests of the Member States with the simultaneous need for maintaining the cohesion of the European Union.
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Moscow says actions violated international law, while U.S. defense officials say nearby Russian ship was at fault.
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Contemporary Bosnia and Herzegovina is based on Dayton International Agreement, which steps out at the same time as one of the basic and fundamental postulate of state sovereignty. Based upon this, the author analyses the sovereignty problem from the aspects of philosophical reflexing, political, legal framework and state and legal development of Bosnia and Herzegovina. The problem analysis of the sovereignty has been elaborated through the analysis of independence, supremacy and legal non-determination of the authority in Bosnia and Herzegovina. Furthermore, the sovereignty problem has been explained throughout state (dis)continuity of Bosnia and Herzegovina in former Yugoslavia (federal state), which has been done through explanation of legitimacy, legality and sovereignty of Bosnia and Herzegovina (federal unit) according to Constitutions from 1946, 1963 and 1974. The character of federal constitution of Yugoslavia points out notorious fact that sovereignty undoubtedly and exclusively belongs to federation, since the one is exclusive international subject and the bearer of disposition with Kompetenz-Kompetenz (the ability of determination of its own competency). According to that, it can be concluded that the competency of competency, as the most important sovereignty element in the case of Bosnia and Herzegovina, had been exclusively charged by Federal National Republic of Yugoslavia in accordance with the Constitution from 1946 (people‟s sovereignty). And, after that the Constitutions from 1963 and 1974 had been emphasizing for the sovereign rights to be realized in socialist republics. According to this, the author bases his analysis on the legal and political foundations in order to analyses the sovereignty problem of Bosnia and Herzegovina as an autonomous, independent and sovereign country. The culmination of the research when it comes to sovereignty problem is represented by analysis of authority organization and structure according to Dayton Constitution, which emphasizes the presence of a problem for constituting of sovereign rights in Dayton Constitution of Bosnia and Herzegovina.
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This paper examines the linguistic regime of the European Union in the light of international law. The paper contends that although the EU language system is independent and well regulated, international agreements affect it as they are an intrinsic part of the EU legal order once they are concluded by the EU. First, the paper describes the linguistic regime of the EU, its legal basis and the status of the EU languages. Second, it analyses three key aspects of international law, which affect the EU linguistic regime, i.e. selection of languages for the purposes of concluding international agreements, authenticity of texts and interpretation of multilingual law by the Court of Justice of the European Union. Finally, the paper concludes that the international linguistic affects the EU language system in terms of authentic languages, legal terms and their definitions.
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The article studies the genesis of legal regulation of cybersecurity in international law, the definition of the place of the problem in relations between subjects of international law. Examples of high-profile cyberattacks that took place internationally are shown. In recent years, human dependence on new technologies has grown rapidly. However, the use of such technologies also opens new ways to abuse via the Internet. With the development of new technologies cyberspace becomes as important space as land, air, water or space in which states compete for ensuring their national interests. Such space also attracts the attention of international terrorist groups, transnational organized crime etc. A number of scientists devoted their papers to the subject of cybersecurity, among them A. Pazyuk, D. Dubov, A. Merezhko. Much more attention on the issue of cybersecurity research in international law was paid by foreign experts, including M. N. Schmitt, W. Heintschel von Heinegg, V. Boothby. The article shows examples of international norms in cyberspace. Accordingly the foundations for further cooperation among the States were laid by the number of Resolutions of the General Assembly of the United Nations. One of the main documents in this field within the Council of Europe is ratified by 49 states Convention on Cybercrime in 2001 and Optional Protocol to the Convention of 2003. Within the EU the first document regulating cyberspace is Directive 95/46 of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. In 2016 EU has adopted the EU Network and Information Security (NIS) Directive. As an example of doctrinal codification the Tallinn Manual on the International Law Applicable to Cyber Warfare was issued in 2013. It is also mentioned in the article that states are actively working on preparing national legislation and adopting strategies for cybersecurity. It is noted that the issue of cybersecurity is becoming more acute problem not only at the national level and therefore requires expansion of international legal cooperation between subjects of international law to maintain peace and prevent solving cyber warfare, which may be accompanied by kinetic.
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Ukrainian leader warns of possible Russian invasion, while the Pentagon tries to inject a note of realism into increasingly tense debate.
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Sustainable consumption and sustainable development are the two areas of action with the significant influence on each state’s economy, especially the developed one. Sustainable consumption does not have to mean lowering the intensity of consuming – it should be rather connected with efficiency. In the definitions of sustainable consumption and development there are particularly emphasized the element of future and protection of living environment. For this purpose we should introduce and implement the policy of pro-ecologic education and educating citizens about the issues concerning selection of products and services and their impact on the environment. Sustainable consuming is also just, intergenerational and intragenerational using of the Earth’s resources considering abilities of absorbing and neutralizing implemented substances and waste. Otherwise there occurs air pollution, soil contamination, decrease of fresh water quantity, accumulation of waste, increasing economic and social disproportions, thus lowering of ecologic safety and deterioration of living conditions.
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The paper’s objective is to analyze the tasks and the detailed scope of competences of the Romanian Ombudsman called the People’s Advocate, who was created to protect rights and freedoms of the Romanian citizens and persons residing on the territory of Romania. This task is exercised by the Ombudsman with the help of certain legal instruments which he has been equipped with and which enable him to examine if the violation of rights has been committed by widely comprehended public administration authorities. In case such violation has occurred the People’s Advocate is entitled to conduct a proceedings aiming at redressing the wrong and materialize exercising the rights guaranteed to an individual by the Constitution, laws and international legal acts. The analysis of the People’s Advocate’s competences is also made from the perspective of the object and subject of his activity. This complex approach allows to precisely determine not only his rights but also his duties in the field of the protection of human rights exercised by him, as well as to estimate the level of their observance. It also enables to state if the model of Ombudsman introduced in Romania, which is a rather new institution, not known in its political system before, will become an effective one within the exercised by him tasks and if it will take root in the contemporary government and politics of the state.
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In the European legal culture evolved into a model of justice. This model reflects a legal tradition derived from Roman law and Canon law. It was based on the so-called principles, which include: openness of procedures, impartiality, discretion, professionalism and openness of procedures and the same proceedings. There by, it aspire to objectifi cation procedural steps, while judges detach from judgments or decisions. These standards have been saved in a number of acts of international law and in the constitutions of the various states, including the Constitution of Polish Republic. Modern judicial system provides advanced and equal access for all people not only to courts and tribunals but also to a just and public assessment of the case by a proper, independent and impartial court. In other words, it is one of the most fundamental human rights.
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The author reports the peculiarities of alternative (non-judicial) dispute resolution in the article. The influence of worldwide tendencies to widening and improvement of non-judicial forms of the rights protection on national legislations by way of the civil procedure reform of England and Wales example is researched. The development of alternative procedures on the international level is analyzed.
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The reaction against domestic violence, and above all, violence against children at the national level, is reflected in the prevention, detection of individual cases of violence, providing immediate legal protection and an active role of the institutions of the system of education, healthcare, social welfare and judiciary. The first part of the paper is aimed at the legal system’s functioning that is reflected in the implementation of measures in each specific case where protection of children as victims of violence is necessary. The second part of the paper is devoted to international legal cooperation of states within the framework of various international organisations with a view of defining domestic violence as a violation of basic human rights to life and health. Starting from the universal nature of the problem of domestic violence in contemporary society, internationally adopted documents are binding on member states to undertake legal reforms, a series of protective measures, educational programmes and other forms of protection from violent behaviour. The weight and the volume of domestic violence have also made it the topic of private international legal regulations that have not so far observed the frequency and complexity of the issues in this domain.
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The opinion report considers relations between international norms, Azerbaijan’s national legal system and political understandings of the Nagorno–Karabakh conflict. It discusses classification of Armenian actions in a context of the international law’s development and an impact of international regulations on national criminal codes. Therefore, it presents the Azerbaijani perspective on major political aspects of the Nagorno–Karabakh War and international response to Armenian occupation of Azerbaijan’s territories. Moreover, it evaluates Armenian actions in the region with reference to the definition of genocide and international policy of its prevention. In general, the opinion report shows how the Azerbaijani society understands the conflict and how it may be classified on the basis of the Soviet law (as acts of terror has started in the late 1980s), the international law and the contemporary Criminal Code of the Republic of Azerbaijan. As a result, it is not only a report that introduces the Azerbaijan’s perspective on the issue, but it can also be recognised as an interesting source to understand how the Azerbaijani people label actions of their neighbouring nation.
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Despite its central position in the system of civil institutions, civil liability is a subject of debate in the Russian science of civil law. Russian law is most closely connected with German law due to geopolitical proximity and common traditions of Roman law. German law is a leader in defining liability and may have a significant impact on the improvement of the Russian institute of civil liability. The Russian legal system ought to take into consideration the experience of German law, where liability goes beyond obligation and includes the stage of its implementation.
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The article investigates the features of implementation of the civil rules of international treaties in the sphere of copyright in the legislation of the Russian Federation. It is concluded that the above implementation has a proactive nature. The influence of the provisions of international treaties on the development of national legal systems is considered. The main trends in the development of the legal regulation of relations in the field of intellectual property usage are analyzed.
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The judiciary has excelled in the international and national scene, reaching role of great importance, thus creating opposition to the legislative and executive powers. The center of gravity of the sovereign power of the state moves toward the judiciary, that happens to have a more active role and controlling of the others powers, but also appears as a great defender of social and fundamental rights causes, seeking to make an effective constitution. Its great public notoriety has attracted great distrust of various sectors of society, especially by the two powers that have an increasing interference. Arises, therefore, a speech that the judiciary would be reversing into a big and uncontrollable power, increasing the suspicion that now it would be living in a real dictatorship of the judiciary through judicial activism. There is a growing concern with the expansion of activism and the role of the judiciary. The purpose of this work is to conceptualize and approach the judicial activism and the state of exception to search and reveal if there is any similarity, to then draw up a possible answer to the concern of forming a dictatorship of the judiciary. The state of exception is one of the rule of law paradoxes, while activism is a political manifestation of the judiciary. The similarity between the institutes appears as appalling in a dynamic expansion of political power of a state institution exercising judicial function, putting in check who would be the sovereign in a rule of law and democratic state.
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The landscape of internationally recognized rights is increasingly expanding the web and the Information technology law contributes, through the creation of new situations arising from practices identified by the doctrine, to the recognition of new digital rights. The typical path of the affirmation of a ‘New right’ find sudden recognition through national or international case studies that generate the actual recognition of rights that were previously only expectations and that automatically become necessities. The birth of the right to oblivion, i.e., the right to forget and to be forgotten, should be understood as the right to have memories related to a particular subject and to the processes of indexing and storage, including the ability to manage and establish them in hands of third parties. The recent case from the European Union Court of Justice in 2014 is a mirror for the right to be forgotten and censorship in the different landscape of USA and European Law. The present research is a tool for evaluation and analysis of the proposed European regulations.
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Establishment of the European Public Prosecutor’s Office is a result of the European Union’s initiatives as a consequence of the fraud against its financial interests. Many questions beg consideration at the EU level as well as at national level of all EU Member States, including the Slovak Republic. The aim of the paper is the assessment of Slovak understanding of the European Public Prosecutor’s Office. The article’s focus comprises five crucial issues that need to be resolved in Slovakia. The first section points out at the process of adoption and implementation of the European Public Prosecutor’s Office. Consequently, the following section tackles with the question whether the European Public Prosecutor’s Office could be considered a law enforcement authority at national level. The third section is focused on number of the European delegated prosecutors and related competence and jurisdiction. While the fourth section is focused on the execution of evidence in criminal proceedings, the fifth section is focused on application of mutual recognition. At the outset of the contribution, the historical method of research was used, namely in regard to the genesis of the EPPO. The most frequently used method was the analytical method of research. This method was used in regard to the analyses and assessments of literary sources, legislation and implementation of electronic monitoring. Another frequently used method was the comparative method of research. Further, the synthetic method of research was used. Information gathered in order to elaborate the contribution was collected in particular through the three following gathering techniques. The first data gathering method was the review of scientific literature; the works of renowned authors was analysed. The second data gathering method was access to legislation. It should be highlighted that not only consolidated legislation was used, but also original versions were analysed, in particular in the case of historical issues. Third, research into official documents of European organisations was conducted, in particular documents of the European Union.
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The issue of the law applicable to the protection of reputation and personal rights is a topical issue in both Polish and American conflict of laws. For each of these laws for common, universal reasons as well as individual ones resulting from the historical context. Thus, starting from a delineation of the main theses by defining concepts, attention was paid to the main concepts and theories in both systems based on the current views of doctrine and jurisprudence taking into account the tendency to harmonise international and substantive law. A problem analysis of the Polish conflict of laws regulation is presented, pointing out its significant shortcomings which, in certain situations concerning personal statutes, may determine the applicable law. The solutions were juxtaposed with the non-uniform American conflict-of-law system in order to answer the question of predictability of this law and to indicate the problem of applicable law. In conclusion, some concluding remarks of the study and the views of the doctrine are put forward.
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