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ДВЕНАДЦАТЬ ТЕЗИСОВ О ТОМ, СУЩЕСТВУЮТ ЛИ ОСНОВАНИЯ ДЛЯ ОБОСОБЛЕНИЯ ТАКОЙ НАУЧНОЙ ЮРИДИЧЕСКОЙ СПЕЦИАЛЬНОСТИ, КАК «КОММЕРЧЕСКОЕ (ТОРГОВОЕ) ПРАВО»?

Author(s): Vadim Antolyevich Belov / Language(s): Russian Issue: 2/2016

The author tries to prove the existence of reasonable grounds for separating commercial (trade) law as a particular legal specialty. The author concludes that viewing commercial (trade) law as an independent specialty will improve the level of scientific research in the area of legal regulation of commercial (trade) relations, development of legal science, and contract practices in the sphere of commerce (trade).

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МЕЖДУНАРОДНО-ПРАВОВОЕ РЕГУЛИРОВАНИЕ И КОНТРОЛЬ В СФЕРЕ ВНЕДРЕНИЯ ЧУЖЕРОДНЫХ ВОДНЫХ ОРГАНИЗМОВ И ПАТОГЕНОВ В РЕЗУЛЬТАТЕ СБРОСА СУДОВОЙ БАЛЛАСТНОЙ ВОДЫ

Author(s): Ksenia Borisovna Valiullina / Language(s): Russian Issue: 2/2016

The value of the World Ocean is so important that it is extremely difficult to appreciate it. Scientists have proved that the life can exist only on planets where a large part of the surface is occupied by water. For many years, protection and preservation of the World Ocean during the operation of transport vehicles has been limited only to purification of the waters polluted by oil. However, the scientific research carried out in many countries of the world has managed to prove that biological pollution can cause much more destructive consequences because of its irreversible character. Discharge of ballast water by ships is considered as a type of such pollution. More than 7000 invasive alien species of microorganisms, which successfully survive and adapt to new living conditions, are transferred every day with ballast water from one region to another. Every vessel transporting and discharging ballast water can be considered as a source of potential danger. Therefore, governments around the world actively discuss this problem. Despite internationally coordinated actions do not cover all areas, there are examples indicating that constructive solutions to the problem can be achieved. Reasons for the protracted signing of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWМ Convention, 2004), as well as a number of measures to be taken in the shortest possible time, are considered.

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МЕЖДУНАРОДНО-ПРАВОВОЙ МЕХАНИЗМ РЕАДМИССИИ И ПРИМЕНЕНИЕ УНИВЕРСАЛЬНЫХ СТАНДАРТОВ ПРАВ ЧЕЛОВЕКА ПО ОТНОШЕНИЮ К ИНОСТРАННЫМ ГРАЖДАНАМ (С УЧЁТОМ ОПЫТА РФ)

Author(s): Alla Yuryevna Yastrebova / Language(s): Russian Issue: 2/2016

The purpose of the paper is to study the existing international legal backgrounds of readmission, as well as to analyze bilateral and multilateral treaties in the sphere of migration for compliance with the essential human rights and freedoms. Special attention is paid to implementation of the readmission mechanism towards foreign citizens and stateless persons, who have valid fears of returning to their state of origin. Under these conditions, they fall under the principle of non-refoulement as potential refugees or asylum seekers. Special procedures are established to recognize their status. It is revealed that model treaties on readmission do not specify anything about guaranties for illegally staying foreign citizens and stateless persons, who are sent back by the host state to their states of origin. These treaties also do not comply with the essential human rights and freedoms associated with migration, such as the right to personal security, family reunion/unity, administrative disputes, social and medical services, recourse, applications for assistance of international organizations. Readmission procedures imply simplified solution to the problem of stopping illegal staying of migrants, but they do not accomplish the main purpose of controlling illegal interstate migration. The conclusion is made that the international legal instruments for preventing illegal migration should be combined with the full respect for the universal standards of human rights, which must be reflected in readmission treaties.

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DEVELOPMENTS IN COMMUNICATION TECHNOLOGIES AND EMPLOYEE PRIVACY IN THE WORKPLACE

Author(s): Tüba Karahisar / Language(s): English Issue: Special/2014

Following the developments in technology, "monitoring" has steadily increased in educational institutions, roads, subway, or in short everywhere in cities where people live. And, the employees have also started to be monitored in workplaces by their employees during the working hours. The case of constantly being monitored and tracked has led to the established opinion in the employees that almost there is no privacy at work. Employers, however, consider the monitoring as a necessity since it increases efficiency, improves quality and ensures security. In the workplaces, e-mails and computers are monitored, offices are under surveillance by cameras, phones are tapped, certain sites and social media sites are blocked on the Internet, personal data are recorded, and electronic cards are used for employee entries and exits. Does these practices and controls have pressure on employees and harm privacy? Advances in communication technologies and the issue of employee privacy in businesses were investigated in this study by examining the regulations in international and municipal law (Constitution, the Turkish Penal Code, the Code of Criminal Procedure, Labor Law).

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LE PROCESSUS DE TRADUCTION À LA COMMISSION EUROPEENNE

Author(s): Liliana Comănescu / Language(s): French Issue: 1/2012

The Directorate-General for Translation of the European Commission is the largest and the most complex translation service in the world. Its workflow is based on a unique set of translation tools ensuring the good functioning of an operation producing over a million pages per year: administration and documentation tools, as well as translation tools (terminology tools and translation memory technology).

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Četnički zločini protiv čovječnosti i međunarodnog prava na području općine Višegrad

Author(s): Ermin Kuka / Language(s): Bosnian Issue: 4/2015

Crimes against Humanity and International Law in Višegrad Municipality have their historical genesis and constant. Višegrad is, due to its geographical, and strategic location, the capital of Serbian great state ideology, policy and practice, especially because of the proximity of neighboring Serbia and Montenegro. In Višegrad, Chetniks carried out numerous individual and mass crimes, including the crime of genocide as the gravest forms of crimes against humanity and international law. The main hypothesis of the paper is that in the Višegrad area, throughout history, been carried out numerous crimes against humanity and international law against the Bosniak population, including the crime of genocide, all with the goal of creating an ethnically pure Serbian area. Mentioned hypothesis corroborated by numerous and relevant facts chronologically elaborated in the work, as well as the relevant scientific documents and sources, as well as the final court judgment of the ICTY and the Court of Bosnia and Herzegovina perpetrators of the crimes. The main goal of this paper is to introduce a wider and narrower social public on the scope, characteristics and scale, as well as the consequences of the crimes committed against Bosniaks in the Višegrad area.

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Dopuszczalność stosowania prawa szariatu w zakresie spraw rozwodowych i spadkowych w prawodawstwie Unii Europejskiej

Author(s): Katarzyna Krzysztofek-Strzała / Language(s): Polish Issue: 19/2016

Nowadays much more Muslims are coming to the European Union countries. Because of this the courts of members’ countries more often need to take into consideration the Sharia law. That’s why is important finding the answer to the question if the European Union legislation allowed the courts judging on the basis of Sharia law? In this context the most important fields of law are family law and inheritance law. The purpose of this study is finding the answer to the question if in the light of European Union legislation the courts are allowed to judging about divorces and inheritance on the basis of religious law, means Sharia law. In the case of divorces the main importance has the decree of Council (UE) No 1259/2010, and in the case of inheritance the decree of European Parliament and Council (UE) No 650/2012. The analyze of those acts leading to the conclusion that mentioning legal acts allowed in general applying Sharia law as foreign law. But simultaneously both acts clearly excluded using external law in the case that using it may lead to the violation of public order. And exactly this clause may strongly limited judging on the basis of Sharia law by the courts of European Union countries in the cases of divorces and inheritance. The reason is that in both fields Muslim law significantly difference to the European standards, largely limited women’s rights both in the occurrence of divorce and in the cases of inheritance.

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Opieka duszpasterska w szpitalach publicznych państw Unii Europejskiej – zarys problematyki

Author(s): Piotr Stanisz / Language(s): Polish Issue: 19/2016

The aim of the paper is to provide a general characterization of the solutions used in the states of the European Union to guarantee free access to religious assistance in public hospitals. The first part presents the justification for such assistance. The organization of hospital chaplaincy and the status of hospital chaplains are discussed respectively in part 2 and 3. The paper concludes with a discussion of the problems connected with the need to protect the negative religious freedom of patients.The analysis leads to a conclusion that ensuring the right of every patient to religious assistance constitutes a recognized European standard, independently of the adopted model of state-church relations. However, the detailed guarantees of this right differ from state to state. The diversification characterizes both the organization of hospital chaplaincy and the status of chaplains. The relevant solutions are dependent on such circumstances as the religious structure of the society, established traditions, applied model of state-church relations and diversification of forms of regulating the legal situation of religious organizations. Among the problems which still need to be solved in a satisfactory way in a considerable number of European states one can mention the question of full protection of rights of religious minorities and persons without religious affiliation. However, the prospective guarantees of such protection should be fairly balanced with protecting the rights of believers belonging to sociologically dominant religions.

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Presuda Radislavu Krstiću za genocid u Srebrenici

Author(s): Dževad Mahmutović / Language(s): Bosnian Issue: 1/2012

Chief of Staff Deputy Commander of the Drina Corps of the Bosnian Serb Army. Appointed Commander of the Drina Corps on 13 July 1995.

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Around the Bloc: Russian Spy Sentenced to Prison in Estonia

Author(s): TOL TOL / Language(s): English Issue: 05/16/2017

The Baltic country has experienced a growing number of people spying on behalf of its eastern neighbor.

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Transitions Online_Around the Bloc-Russian Authorities Apparently Antsy Over Opposition-Minded Youth

Author(s): TOL TOL / Language(s): English Issue: 05/23/2017

Film and pop music are being used to sway teens away from criticizing the state.

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Transitions Online_Around the Bloc-UN Report Warns of Growing Clampdown in Belarus

Author(s): TOL TOL / Language(s): English Issue: 05/30/2017

After a period of going easy on dissent, the Lukashenka regime crushed nationwide protests in March.

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Energy governance and compliance with the EU regulations in Poland prior to the adoption of the 2030 Energy and Climate Framework

Author(s): Dominik Smyrgała / Language(s): English Issue: 23/2016

The article analyses the most important problems related to governance of the Polish energy sector prior to the adoption of the 2030 EU Climate and Energy Policy Framework. The document was to introduce major changes in the Polish energy mix due to restrictions placed upon the emissions of the CO2 and requirements related to the renewable sources of energy. The paper argues that in fact this overshadowed the pre-existing management problems of the Polish energy sector, in many aspects more serious than the provisions of the Framework itself.

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Kyoto protokolü ve kopenhag mutabakatinin karşilaştirmali analizi

Author(s): Özge Uysal Şahin / Language(s): Turkish Issue: 1/2016

Global warming and the natural disasters such as flood, drought and hurricane which appear in reaction to global warming have gradually increased. This situation threatens both natural life and human life. In this regard, taking certain measures on global level have to become compulsory. So, Kyoto Protocol and Copenhagen Accord are results of these initiatives. In this study, Kyoto Protocol and Copenhagen Accord are examined and analyzed comparatively. Global warming and the natural disasters such as flood, drought and hurricane which appear in reaction to global warming have gradually increased. This situation threatens both natural life and human life. In this regard, taking certain measures on global level have to become compulsory. So, Kyoto Protocol and Copenhagen Accord are results of these initiatives. In this study, Kyoto Protocol and Copenhagen Accord are examined and analyzed comparatively.

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DOES TERRORISM MATTER IN SOUTH ASIAN PEACE PROCESS?: A PERSPECTIVE OF INDIA-PAKISTAN

Author(s): Suban Kumar Chowdhury,Shakirul Islam / Language(s): English Issue: 2/2017

The study has started with the sole argument that peace process of this region is now turned into a complex political theatre where terrorism is the major menace. The aim of this study is to scrupulously investigate the nature and substance of South Asian peace process with particular emphasis on India-Pakistan. Thus intends to extend the scope of further research on peace process through linking it with terrorism. The methodology of this research relied largely on qualitative analysis. Methodologically, the study does not directly address the policies of the South Asian countries rather it uses already available literature of policy experts to research the linkage between terrorism and peace process, test their correlations (whether it is positive or negative) in context to South Asia, and to conclusively make a judgment based on the research question-to what extent the incidence of terrorism is hindering the progress of South Asian peace process?

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POLITICAL RELATIONS BETWEEN TURKEY AND GEORGIA IN THE POST-SOVIET ERA

Author(s): Fatih Mehmet Sayin,Murat DOĞAN / Language(s): English Issue: 2/2017

Georgia and Turkey has become important partners in the Caucasus region after independence of Georgia in 1991. Two countries preferred to follow pro-West policies in their foreign policy against Russian factor. They have geopolitical importance and geostrategic location for Russia throughout history. This article analyzes foreign policies of Georgia and Turkey and examines Baku-Tbilisi-Ceyhan Crude Oil Pipeline as a common foreign policy between them. The paper found out that this kind of projects between Georgia and Turkey would make them important actors rising from regional level to global level in the future.

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Zaštita ljudskih prava kao imperativ bezbednosne funkcije države

Author(s): Gojko Pavlović / Language(s): Serbian Issue: 3/2011

The paper deals with the development of state functions and activities which they are achieved. Particularly noteworthy is the security functions of the state in its classical sense, ie as an activity of the police on providing security to citizens. This function is yet in modern liberal and social democracies evolved into one of the most important tasks of all constitutional orders: the constitutional, judicial and administrative protection of a number of personal, political, labor, property, religious, ethnic, cultural and other rights and freedoms of man and citizen. The paper also referred to international legal and constitutional guarantees of human rights, and mechanisms for their protection, and the security function of the state is determinated.

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Ugovor iz Lisabona - institucionalna reforma Evropske unije

Author(s): Jelena Ćeranić Perišić / Language(s): Serbian Issue: 2/2008

The paper deals with the Treaty signed at the European Council conference in Lisbon on 13th of December 2007. This reform Treaty, representing the consensus of twenty seven member states, introduces modifications both to the Treaty on European Union and the Treaty establishing the European Community. The solutions proposed by the Lisbon Treaty are mostly taken from the Treaty establishing a Constitution for Europe. After introductory notes with regard to the ratification procedures adopted by each member state, the author analyses the reasons for the EU reform. During the last decade, the European Union is facing challenges such as: enlargement of the European Union, democratization of the functioning of EU institutions and strengthening of the EU external position. In the first part of the paper, the author analyses the articles of the Lisbon Treaty devoted to the adjustment of the institutional functioning to the EU enlargement such as: distribution of electoral mandates in EU Parliament, composition of EU Commission and new voting rule at the Council of Ministers to facilitate the decision making. The second part of the paper is dedicated to the democratization of European Union which should be reached by strengthening of the role played by the European Parliament, raising the transparence of the functioning of the institutions, increasing the role of the national parliaments and creating the right of citizens’ initiative. In the third part the author analyses the clauses of the Lisbon Treaty related to the strengthening of EU external position which would be achieved by creating the post of High representative of the Union for Foreign Affairs and Security Policy who becomes also the Commission’s Vice-President, providing EU with a legal status and progressing towards a European Defence Policy. Within the concluding observations, the author sums up presented observations and especially emphasizes the importance of the EU reform in order to adapt the EU functioning to the modified circumstances on the internal and international level as well.

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SINGLE STATE IN PALESTINE: CONSTITUTIONAL PATRIOTISM AS A CONCEPTUAL FRAMEWORK

Author(s): Tuğçe Ersoy / Language(s): English Issue: 1/2017

:Palestine issue has been confined today to the limited understanding of nationalism. All the solution proposals made within the insight of nationalism have proved to be unsuccessful. Additionally, those solution proposals were unlikely to offer a just and fair solution to the Palestine issue. Today the struggle for the Palestinian state has begun to transform into a struggle for equal rights between Jordan and the Mediterranean. Within this context, based on Kant‟s “perpetual peace” concept, and engaging with cosmopolitan vision, this study seeks to pose whether a just and fair solution to the Israeli-Palestinian conflict passes through the creation of a single state in Palestine. The case for one–state solution is a normative one and it is a question of morality. The author acknowledges the dark spots of this option; however intends to lay bare new and open discussions concerning the resolution of the Israeli-Palestinian conflict.

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Fenomenologia zła. Kontekst bośniacko-hercegowiński

Author(s): Marinko Zekić / Language(s): Polish Issue: 12/2017

Muratović, Rasim, Holokaust nad Jevrejima i genocid nad Bošnjacima (Holokaust Żydów i ludobójstwo Boszniaków), Institut za istraživanje zločina protiv čovječnosti i međunarodnog prava, Univerzitet u Sarajevu, drugo izdanje (Instytut Badań Zbrodni przeciwko Ludzkości i Prawu Międzynarodowemu, Uniwersytet w Sarajewie, wydanie drugie), Sarajewo 2012, 277 s. Zbrodnia ludobójstwa oraz inne zbrodnie przeciwko ludzkości zdefiniowane przez prawo międzynarodowe stanowią część historii od najdawniejszych czasów, przy czym w najnowszej historii najgłębiej zapisało się w zbiorowej pamięci okrucieństwo II wojny światowej, podczas której w akcie ludobójstwa życie straciły miliony ludzi, co, po zakończeniu konfliktu, skłoniło państwa zwycięskie do utworzenia Organizacji Narodów Zjednoczonych (ONZ), której celem stało się utrzymanie pokoju i bezpieczeństwa na świecie, szerzenie tolerancji oraz promowanie poszanowania praw człowieka i wolności zagwarantowanych w Powszechnej Deklaracji Praw Człowieka.

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