International Art Market Studies Association (TIAMSA): Events by TIAMSA Legal
International Art Market Studies Association (TIAMSA): Events by TIAMSA Legal; Berlin, London, and New York, June-September 2019
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International Art Market Studies Association (TIAMSA): Events by TIAMSA Legal; Berlin, London, and New York, June-September 2019
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From the Past to Present: Overview of the International Focus on the Frontier Issues of Cultural Heritage Law. International Symposium; Renmin University of China, Beijing, 24-25 October 2019
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The review of: Lucas Lixinski, International Heritage Law for Communities: Exclusion and Re-Imagination; Oxford University Press, Oxford 2019, pp. xxii, 320, ISBN 9780198843306
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Hugo Grotius, one of the founders of the modern international law, exercised considerable influence on the peace process in the last years of the 30-years’ war. He also played important role in the European history of enlightenment and secularisation. Recently, a wide variety of new publications have appeared presenting life and work of Hugo Grotius. In recent years his intellectual legacy may provide inspiration for a new understanding of religion and spirit of tolerance. The article is a part of a wide debate regarding this illustrious person of the 17th century. A short comment is given on the reception of Grotius work in the Russian tradition.
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The international community strives for ever more comprehensive protection of human rights and freedoms by adopting treaties, which are subject to ever more detailed provisions and the possibility of lodging a complaint against the state by the individual. At the same time, the Polish Constitution of 1997 in art. 9 establishes the systemic principle of Poland's compliance with international law and, for the first time, defines the place of international law in the system of sources of law. The aim of the article is to analyze the indicated issues in terms of their impact on the protection of individual rights and freedoms.
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The international child abduction is regulated in the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (Brussels II bis), and in the domestic law — in the Code of Civil Procedure. In the recent years the Regulation Brussels II bis was subject to review. As a result drawbacks were indicated and amendments have been proposed, in particular with a view of simplifying the procedures. The changes were triggered by the increasing number of cases in which one of the parents removes the child without a consent from the other. The Ministry of Justice does not provide any data on the amount of cases taking place in Poland. It is nevertheless certain that this amount has increased in comparison to previous years. Moreover, it is acknowledged that contrary to the Hague Convention and the EU Regulation, many children abducted by their parents are retained in Poland. The amendments to the Code of Civil Procedure seem to address this situation and streamline the process of the return of the children. The question remains: do the proposed amendments to the EU Regulation and those already enacted in the Code of Civil Procedure warrant to a sufficient degree that the welfare of a child — being one of the determinants of these regulations — is safeguarded?
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This commentary examines the judgement of the CJEU of 18 October 2016 in case C-135/15 Republik Griechenland v. Grigorios Nikiforidis. The judgement in question concerns the issue of treatment of foreign overriding mandatory provisions under the Article 9(3) of Regulation No 593/2008. This topic is the subject to a great deal of controversy and academic discussion. The ECJ concluded that the mentioned provision must be interpreted as precluding overriding mandatory provisions other than those of the State of the forum or of the State where the obligations arising out of the contract have to be or have been performed from being applied, as legal rules, by the court of the forum, but as not precluding it from taking such other overriding mandatory provisions into account as matters of fact in so far as this is provided for by the national law that is applicable to the contract pursuant to the Regulation. This interpretation is not affected by the principle of sincere cooperation laid down in Article 4(3) TEU. In this respect the judgement of CJEU brings significant clarification on the question, whether a court of the forum can have regard to foreign overriding mandatory provisions, which do not belong to the legal system of the country of performance of the contract on the level of the applicable substantive law. However, there are still questions arising under Article 9(3) of Rome I Regulation, which need to be clarified.
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Scrutiny of the legal elements of international criminal tribunals such as the ICTY are frequent and important, but this article suggests that new avenues need to be taken in order to truly understand what is taking place within the courtroom sociologically. Embedded within courtroom interactions are symbolic exchanges that can stand as both reflections of and implications for the success or failure of transitional justice as a tool to promote community understanding post-conflict. Using a mixture of social psychology and cognitive linguistics, this article examines the significance of in-court references to memory, theorising that the concepts of remembering and forgetting as discussed in transcripts reveal greater struggles between the witnesses and the court over narrative control. This ultimately raises questions about the nature of the relationship between international legal bodies and the individual victim-witness, and demonstrates that there are failings occurring here that could make processes of reconciliation and community healing more difficult.
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The aim of the paper is to assess the effectiveness of the activities of the Republic of Poland and the Republic of Moldova in terms of the implementation of the European Convention on Human Rights standards in some specific human rights areas. The findings make it possible to identify the positive steps and setbacks that the Committee of Ministers faced in the supervision of judgment implementation executed by the concerned countries. The paper focuses on the measures taken to enforce ECtHR judgments and describes the main problems identified by the ECHR in relation to both countries. The paper undertakes to explore the extent to which the European Court of Human Rights has improved the situation of human rights protection within these countries. The overview of the case law concerning both countries shows some common features but also some differences. Both countries have a history of violations of the European Convention on Human Rights, which is broader in the case of Moldova. The paper argues that the lack of human rights protection stems from the judiciary and state administrative bodies’ failures. This has given rise to mistrust in decisions provided at the domestic level and explains why many Polish and Moldovan people place their hope in Strasbourg.
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During the international campaign to prevent and combat terrorism following the September 11, 2001 terrorist attacks, cases were identified in which terrorists and terrorist organizations had used some NGOs to raise and move funds, to provide logistical support, and to recruit terrorists or otherwise to support terrorist organizations. In response to these facts, the FATF issued its 8th Special Recommendation in 2001, as a leading international standard to prevent the misuse of the non-governmental sector for terrorist financing. In the period 2002 to 2004, four humanitarian organizations from Bosnia and Herzegovina were identified for their support to terrorist organizations, and as such, they were designated and listed to the UN Security Council’s 1267 list. The existence of a risk of abuse of NGOs in support of terrorism in Bosnia and Herzegovina was confirmed by the Council of Ministers of Bosnia and Herzegovina’s Risk Assessment of Money Laundering and Terrorism Financing, which assessed that there is a medium-high level of risk in terms of abuse of the NGO sector in Bosnia and Herzegovina regarding terrorism financing. The analysis of relevant laws and reports has revealed that there is an astonishing indifference of institutions in Bosnia and Herzegovina to adequately respond to the requirements of FATF Recommendation 8. It can be concluded that, over the last 15 years, there has been negligible progress in legal and institutional framework in Bosnia and Herzegovina in terms of regulating the oversight of NGOs, which could be at risk of abuse for terrorist activities.
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In the light of the socio-political occurrences of contemporary reality, it is imposed the need of deliberation on Bosnia and Herzegovina's position in regional strategies and trends. The rejection of the Srebrenica Commission Report by the Republika Srpska National Assembly and then the Government in the summer of 2018 it can be recognized as one of the goals set out in SANU Memorandum 2. Besides the final Report of the Commission, the Government of the Entity of the Republika Srpska put out the force the reports of the Working Group of the Government of the Republika Srpska, adopted on 30 March and 30 September 2005, which relate to the implementation of the conclusions of the final Srebrenica Commission Report with all attachments. The facts presented in Srebrenica Report to the RS Government, as well as the findings of the Commission in its work, were introduced into evidence in the proceedings before the International Court of Justice, the International Tribunal for the Former Yugoslavia and before the courts in Bosnia and Herzegovina. Their validity and credibility have been consistently confirmed in the proceedings conducted. The memorandum of the Serbian Academy of Sciences and Arts 2 (SANU) precisely defines strategic goals by giving directions for their operationalization. The prime goal is to position Serbia after the military and political defeats it suffered in the wars of the late twentieth century, and to strike a balance and achieve equality with all countries aggressively attacked by Serbia. The Memorandum is structured in several chapters elaborated in detail with directions of action for political elite of Republika Srpska and Serbia. Thus, it is emphasized that it is necessary to reduce the responsibility for the crimes and destruction committed, and the indictments, warrants and mounted court proceedings against citizens of Bosnia and in that way to bring Serbia in an equal position with the surrounding countries. At the same time, it is necessary to draw attention of regional and international media from the completed processes to the former members of the Serbian political, intelligence and military and political leadership of Republika Srpska. It is quite clear that Great Serbian politics is still living and that it has merely adapted its methods to new circumstances and new international political relations.
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The Treatise on International and European Social Law reviewed hereunder is an absolute novelty on the national level, and it fills a 10-year analysis gap on the European level. Analysing the social field, the authors engage in an ambitious scientific demarche and a reflective perspective of the national social field, voicing both criticism and solutions. The complexity of the Treatise on international and European social law is confirmed from multiple perspectives: rigorous scientific information, presented in a quasi-exhaustive manner, the use of legislative and jurisprudence filters to comprehensively describe a particular issue, highlighting European and international social standards and comparing them to the national progress and failures.
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This study aims to present the most important international regulation, at European regional and national level on discrimination and on combating it. It also aims to find solutions to eliminate discrimination in various fields and in different ways, considering that the most important factor is education.
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For many years, there have been attempts at the international level to find the most efficient methods of overcoming legal obstacles in the area of international sale of goods and various regional values and other particularities. However, in practice it has proved to be rather difficult to reach the consensus among states on the model and method of unification. The UN Vienna Convention on Contracts for the International Sale of Goods is certainly the most significant and imperative source of law of international sale of goods, and it represents the most successful result of unification of international contract law so far. The Convention is the result of a long process of negotiations and harmonisation. It is necessary to point out that the Vienna Convention has been adopted by “each geographic region and all major legal and economic systems”, and that nowadays, two thirds of all international transactions are concluded within the regime of the Vienna Convention. It remains an open question whether an international legal consensus can be reached on the issues that the Convention has not covered. The goal of this paper is to present and explain the importance of the reform of international contract law, advantages, disadvantages andthe possibility of further unification of international contract law at the global level.
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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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The purpose of this issue is - without claiming to be exhaustive, to put in evidence the influence of Roman law and the consequent phenomenon of the reception of its private law structures into the international law system. The post-Justinian era will be used as historical element to analyze the development of ius gentium over the centuries: praetores deputed for settling cross-border disputes often resorted to that law through the iurisdictio peregrina, since they adopted in their interpretation and application activity typical instruments of ius privatorum, i.e. analogia, aequitas, interpretatio, etc. Although it was a category of ius publicum, the “international law” then regarded operational instruments based on civil elements: this is the characteristic that still fascinates today and over time was assessed and rediscovered by several lawyers.
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The COVID-19 pandemic has created unprecedented situation all over the world, compelled the governments to declare lockdown, closing of businesses, industries, commercial activities, ban on certain imports and exports. Under these circumstances, an obligor may not be able to perform his contractual obligations, consequently may result in breach of contract. Incase of claim of damages by the obligee for breach of contract, the obligor may seek exemption from damages under the law of impediment or force majeure. According to Article 79 of the UN Convention on Contracts for the International Sale of Goods 1980 (CISG), a party is not liable for damages due to non-performance, delay or defect in performance, if he can prove that the failure was due to an impediment beyond his control. The COVID-19 situations are beyond the control of the parties to the contract, must be considered as an impediment or force majeure and the non-performing party is entitled for exemption from damages under Article 79 of CISG.
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U ovoj publikaciji analiziraju se prava interspolne djece u zdravstvenom sistemu Bosne i Hercegovine. Na početku se daje kratak osvrt na prethodno istraživanje – publikaciju Sarajevskog otvorenog centra pod nazivom Tijela koja nadilaze binarnost: Preporuke za unapređenje pravnog i medicinskog pristupa interspolnim osobama u Bosni i Hercegovini, a potom se prikazuju relevantni međunarodni standardi koji se bave pitanjem zaštite prava interspolnih osoba, prava djece, ali i međunarodni dokumenti koji tretiraju ljudska prava i temeljne slobode, kao i prava pacijenata. Publikacija obrađuje i način uređenja zdravstvene zaštite u Bosni i Hercegovini i njezinim entitetima, način finansiranja zdravstva, sa posebnim naglaskom na zdravstvenu zaštitu djece, te daje prikaz nivoa zdravstvene zaštite, odnosno ustanova u kojima se ona ostvaruje. Sve navedeno izneseno je kako bi čitatelji i čitateljice stekle sliku o stvarnom stanju u oblasti zdravstva i zdravstvene zaštite u Bosni i Hercegovini. U konačnici, predstavljeni su rezultati istraživanja, stanje na terenu kada je riječ o pravima interspolne djece/osoba u Bosni i Hercegovini i preporuke u cilju poboljšanja načina ostvarivanja njihovih prava i poboljšanja pristupa medicinskih radnika_ca u radu sa interspolnom djecom/osobama.
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Individual and migrations of smaller groups are a historical constant and a human need, and they are responsible for numerous achievements, but also negative phenomena that have occurred throughout history. Migration is an everyday process, which does not pose too great a challenge for the countries of origin and transit, as well as for the countries of destination, if they are countries with a developed integrated system.However, as a result of the events in the Middle East in the last decade, primarily the "Arab Spring", the war events that affected Syria and Iraq, the strained relations between Pakistan and India, and the poverty that is strongly present in many countries, migration has intensified. , i.e. the movement of the population, in a big wave, towards the countries of the European Union, which led to the crisis, because the countries of the European Union, as well as the countries of transit, are beginning to face consequences for which they are not directly to blame. In order to find security for themselves, in the security and economic sense, the population of those countries decides to move towards the countries of the European Union.
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The problems of content left on the Internet after a user's death are very important. The traditional civil law contructions to date are not prepared to face their challenges. Social needs, modern reality, advanced technology - all this affects inheritance law. These issues need to be looked at more closely, and this text is intended to signal the issues of the so-called "first need" for analysis. One of its tasks is to undertake further discussion on possible needs for change. The succession law of the 21st century requires such changes.
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