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Activists have long demanded a more dignified memorial for victims of mass terror campaign waged by Soviet secret police.
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War crime tribunals are a 20th century phenomenon correlated with the process of the ascendency of the U.S. into a superpower. Oftentimes, these are partial to the victors, who select the judges and define the truth, as well as legal and moral norms. It has been attested throughout American history, that tribunals not only try cases but become instruments of warfare. The ICTY is no exception in terms of this practice. In spite of incontrovertible accomplishments in the sphere of war crime prosecution, this court is also a politically-engaged institution.
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This article examines the legal regulation of the factoring contract in the UNIDROIT Convention on International Factoring. The article deals with the parties to the factoring contract – the supplier and the factor. The rights and the obligations of the parties are surveyed. The questions concerning the object of the factoring contract are later discussed. The aim is to emphasize the most important characteristics of this contract.
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The verdicts handed down before the International Criminal Tribunal for the former Yugoslavia (ICTY) confirmed the facts that proved the existence of several joint criminal enterprises committed in Bosnia and Herzegovina in the period 1992-1995, with a special emphasis on the genocide in Srebrenica,behind which is a chain of well-connected criminals organized in the system of political, military and police structures and organs of Republic of Srpska.The theoretical and practical interpretation of the joint criminal enterprise as a form of criminal responsibility which, as such, for the first time in the history of international law defined in the cases before the Hague tribunal, imposes the need to perceive the attribution of this form of responsibility, and determine how this doctrine is understood and interpreted in the context of the case law before the ICTY, but also before the Court of Bosnia and Herzegovina
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Labor conflicts have always been a fundamental subject and the methods of solving them have undergone modifications across time. Solving labor conflicts leads, in most cases, to the improvement of the relations between employees and employers at the same time offering solutions to prevent the trigger of these conflicts. This article approaches general aspects regarding the evolution of the regulation of the labor conflicts in Romania as well as the presentation of the present solving procedure
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The massive spread of digital technologies has raised new challenges in respect of certain values and rights. In 2016, it was estimated that there were approximately 350 million video surveillance cameras installed worldwide. In this context, it is important to debate and propose concrete measures to address the issues of surveillance, including the challenges for the protection of personal data and human rights generally, while ensuring security.
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Since the proclamation of the fundamental rights of every human being through the Universal Declaration of Human Rights, by the pacts, protocols, charts, conventions, declarations that have followed it at international or regional level, often even through their preamble, a "Given" to any of us, regardless of nationality, citizenship, age, gender, color, social or ethnic origin, race, language, religion, opinion, political affiliation, wealth, namely human dignity. Recognizing this quality of any human being, implicitly, in our opinion, it was necessary, at least recognized, if not even protected and even guaranteed, the existence of a private life and, implicitly, a right to it. The content and dimensions of this right have not been established in international documents, and it is preferable that their identification be made through the institutions or courts, where appropriate, responsible for guaranteeing recognition and enforcement of this right. Thus, it was possible to continually and continuously update this content by reference to the social reality in a continuous evolution. So we can now see what is meant by the concept of private life today, but that we can no longer ignore one of its dimensions, which should be acknowledged not only by a legal consecration, but also by an effective application of legal provisions, namely the protection of personal data precisely in order not to affect the private life of a human being, nor, implicitly, its dignity.
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This paper highlights the novelty of the appeal in annulment through the new Civil Procedure Code. Structured on three chapters, the paper begins with some general considerations regarding the analyzed institution and continues in chapter two with the examination of the grounds of the appeal in the joint annulment and then of the special one with highlighting the modifications brought in the previous regulation, including those determined by the qualification as final the appeal decision. The third chapter is devoted to a brief analysis of the court procedure, highlighting the novelties raised in this matter.
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This paper addresses a very topical theme and presents important concepts for the existence of the nation state. It is intended as a personal approach to the concept of multiculturalism. People have become sensitive to certain topics of discussion and, for the sake of politically correctness, the essence is often overlooked: it's okay to hold different opinions. This helps develop the individual in the spirit of debating ideas. One should not belong to one faction or another. It is important to just accept that there are different approaches, concerns, cultures etc. For as long as things are not presented patronizingly, with resentment or hatred, differences of opinion are not wrong to exist, especially on this topic.
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This article explores the development of the conceptual foundations of the social concept of global constitutionalism. It is proved that the evolution of ontological principles in global constitutionalism is due to a system of processes: 1) the convergence of neoliberalism and neoconservatism, due to the gradual washing out of the philosophical core in them, its replacement by political technologies that justify the practice of satisfying the interest of political classes and population groups; 2) the formation on a planetary scale of a single global governing class headed by a single system of elites; 3) the formation of a single financial and economic basis for further globalization of socio-political and state-legal development in national states; 4) the formation of a single general goal of the global governing class, which has a purely practical (rational) nature, subject to the logic of preserving power and property in the hands of global governing elites — the preservation and development of the world capitalist system. Thus, global constitutionalism acts as a social concept that justifies the globalization of the socio-political, state-legal, financial and economic structure of national states and societies, filling it with content. It substantiates the position that the social concept of global constitutionalism in the ontological, epistemological, methodological and axiological terms has incorporated the most rational concepts and constructs not only from neoliberal and neoconservative, but also from national socialist (Nazi) and fascist social concepts. Examines the impact on the evolution of the ontological principles of social concept of global constitutionalism content of the ontological principles and other social concepts. It substantiates the position that the ontological perception of the world picture in the framework of the social concept of global constitutionalism as a whole is built on the basis of neoliberalism and neoconservatism that prevailed in the Western world, being the most rational systemic updating of their principles. The goal of research: to investigate the genesis of the ontological principles in global constitutionalism. Subject of research: theoretical content and stages of development of ontological principles in global constitutionalism in relation to its social essence.
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Solving of territorial conflicts is impossible not only without removing the objective bases of the confrontation of the conflicting parties, but also without identifying the divergences between the participants in the conflict and the international community participating in its resolution. In this context, the Transnistrian and Georgian conflicts should be regarded as some politico-territorial and international, taking into account the dynamics of the changes of geopolitical interests of the great powers at regional and continental level. In both territorial conflicts there were serious violations of the norms of international law: in the case of the Abkhaz-Georgian conflict, the principle of non-aggression or non-force in international relations was violated. In the case of the Transnistrian conflict, in our view, the violation of the principle of non-intervention, the principle of respecting the sovereignty and territorial integrity of the states and the principles of conducting negotiations can be attested. In no case has an adequate reaction of the international community been registered - to hold them accountable and to sanction them.
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Whatever happens in Transnistria, great attention must be paid to the observance of human rights. In the protection of human rights, the level of activity of civil society is important, due to which the level of awareness and the quality of public dialogue on a number of unresolved issues in the field of human rights can significantly increase. Improving the human rights situation is an important step towards the development and democratization of Transnistria.
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Solving of territorial conflicts is impossible not only without removing the objective bases of the confrontation of the conflicting parties, but also without identifying the divergences between the participants in the conflict and the international community participating in its resolution. In this context, the Transnistrian and Georgian conflicts should be regarded as some politico-territorial and international, taking into account the dynamics of the changes of geopolitical interests of the great powers at regional and continental level. In both territorial conflicts there were serious violations of the norms of international law: in the case of the Abkhaz-Georgian conflict, the principle of non-aggression or non-force in international relations was violated. In the case of the Transnistrian conflict, in our view, the violation of the principle of non-intervention, the principle of respecting the sovereignty and territorial integrity of the states and the principles of conducting negotiations can be attested. In no case has an adequate reaction of the international community been registered - to hold them accountable and to sanction them. Both conflicts raised the question of the practical efficiency of the international legal norms in the field and of the main international structures responsible for peace and security in the world. In both cases the military forces of the great powers continue to be in the territory of the opponent in conflict, which is likely to keep the conflict in a latent form.
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This article is intended to analyze the situation of Roma living in Transnistria.During a six-month study, it was revealed that the most acute problems for Roma were employment and official documentats, which are closely related to each other and directly dependent on education.So, 36% of Roma people need help finding a job, 29% have problems obtaining the official documents, 14% have difficulties with pensions, child benefits, 11% complain about difficulties associated with housing, 10% others.
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This research departs from Indonesia’s policy and practice on the submarine tailings disposal system, in which there is a legal vacuum in Indonesia legal system. However, Indonesia is part of UNCLOS 1982, which obliged to conform their rules with the regulation in the convention, especially on the protection of the marine environment. This research aims are to examine the current Indonesia’s policy and compare it with American and Canadian policies. To visualize the above objective, this research applies normative-empiric legal research, which emphasizes its analysis of primary and secondary legal materials. All collected legal materials are classified, categorized, analyzed and constructed as well as developed through analytical prescriptive elaboration. The utilization of the marine area as a medium of submarine tailing disposal system could be categorized as a land-based source of marine pollution. As one of the biggest archipelago states in the world, Indonesia should have a strict regulation on submarine tailings disposal to prevent the past failure of the system in Buyat Bay, North Sulawesi.
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The Islamic fundamentalism, the conspiracy theory, the terrorist organizations Al-Qaeda, the Islamic State and Al-Shabaab, are leading topics for the 2020 Agenda also! Iran urges to reflections! Northern Africa is shaken by multiple attacks, Nigeria mourns its dead, Somalia lives in terror! The democracy in France has been attacked on several occasions! What is to be done? Without having the decision-making power in preventing and combating terrorism, our concerns are met through “The Islamic Jihad: From the Defeat of Terror and the Holy War to the Hope of Liberty”, which is intended, beyond all controversy, a call to profound introspection! In the hope that we will not determine destructive behaviors, we reiterate information of interest, in the hope that those who have the duty of defending peace shall strive unremittingly for a better future, through consensus and viable actions! Peace does not stick with blood! Peace shall be kept with wisdom!
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The major objective of the article is to demonstrate the necessity of the human paradigm in communication and its contribution to the security of the human species.Communication is one of the most important contemporary issues after the global human problem or the global anthropological crisis. Both of these relate to the security, survival and sustainable development of man, society and the terrestrial nature.Work, communication and consciousness, appearing simultaneously, transformed the “monkey” into a social being - man. Communication in all its forms and types confesses about the degree of development of man and of human society.At the present stage of the evolution of the society, the communication and, in particular, the communication management in the armed forces and between the armies of the states of the world are of particular importance. Communication, military communications management, including the stratcom, under current conditions can contribute to ensuring world peace and security throughout one's life, if they are based on a universal human paradigm. The latter can be characterized the implementation of humanism in all spheres of human activity.
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The aim of this study is to arouse a debate involving specialists in the field of public law - theorists, practitioners, researchers - and is intended to be a forum for analysis of new research directions on the transformations of public law in the national and European space after the year 1989 and their influences on state sovereignty, as well as the administrative codification in our homeland, where this need for proceduralisation from several directions is felt: public administration, administrative litigation judges and administrative law practitioners. Especially now when we are offered, perhaps not by chance, the opportunity to discuss some conceptual and legal issues of social expression, at least for the last two decades in the attention of those interested in the administrative phenomenon. My daughter wants to have the opportunity to build a secure future in Romania; to study, to get involved in his country and to establish a family. And I think that we citizens, we have to take control of what is happening in our Romania. I want a safe Romania where the administrative law - material and procedural - is part of everyday life. The protection of citizens must be the first priority. The administration must be strengthened and the judicial system improved. We are one of the last states of the European Union that does not have a code of administrative procedure under the conditions of an accentuated Europeanization of administrative law. And regarding the Administrative Code, at the date of the appearance of this study, the Constitutional Court of Romania has already ruled, but it is still to decide, once again, on the unconstitutionality of our administrative Code, adopted by emergency ordinance!
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Genocide in Bosnia and Herzegovina mainly refers to the Srebrenica genocide committed by Serbian Army forces in July 1995, with the aim of destroying all Bosniaks in the area, but also genocide in a broader context denoting crimes against humanity and war crimes during the Bosnia and Herzegovina from 1992 to 1995. The term describes the campaign of ethnic cleansing and killing in the war in Bosnia and Herzegovina. Bosnia and Herzegovina, holding that the then FR Yugoslavia was responsible for the violations of international humanitarian law or genocide committed in Bosnia and Herzegovina, filed a lawsuit before the International Court of Justice to determine its liability. The Tribunal has ruled that the criteria for genocide with the specific goals (dolus specialis) of Bosniak annihilation have been met only in Srebrenica and eastern Bosnia. The aim of the paper is to determine the consequences of the judgment itself, that is, what has been achieved with it and what its results are, given that the dispute was conducted for 14 years
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This article aims to survey the post war Jewish property restitution legislation, trying to present the different legal arrangements created over the years. Some 73 years after WWII, the issue of restitution of Jewish property remains un settled. Complication created both by lengthy time difference from the wrong doing and the creation of the legal remedies, and various international agreement, bring us to look into practical legal solution to this problem. One of which could be the newly adopted restitution law in the Republic of Serbia.
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