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.

EGYPT-TURKEY RELATIONS TOWARDS LIBYA: POLITICAL AND ECONOMIC DIMENSIONS

Author(s): Abdulrahman Al-Fawwaz / Language(s): English Issue: 3/2021

Egypt and Turkey makeup about half of the whole population of the Middle East and are the two leading nations in the eastern Mediterranean, including Iran as a whole. Both countries are now recognized as the two most tremendous modern military forces in the Middle East. Besides, Cairo and Ankara are major Muslim centers: the Al-Azhar Mosque in Egypt is the largest Islamic University in the world and a significant feature of Egyptian soft power; the historical association between Turkey and the last Islamic Caliphate is viewed in the region with great nostalgia. Given these similarities, a deep rivalry between the two countries exists around the world, while Ankara and Cairo have increasingly prevented overt aggression or conflicts. After the Arab Spring, tensions have intensified and, in effect, impacts Libya, Sudan, and the Eastern Mediterranean region. Along with the increased risk of an overt war between the two nations, the rivalry between Turkey and Egypt also challenges the delicate security of the Middle East. It indicates that it needs an international mediator to answer this thorny problem.

CHINESE SOCIAL CREDIT SYSTEM: NEW CHALLENGES FOR THE RIGHT TO PRIVACY?

Author(s): Siniša Domazet,Majida Lubura,Ivona Šušak-Lozanovska,Nina Ilik / Language(s): English Issue: Supp. 1/2021

The Social Credit system (SCS) in China is being applied in an increasing number of areas of everyday life. This system is built around rewarding and punishing specific forms of social behavior. The question arises whether this system is a new challenge to the right to privacy. The study, which is supported by literature, sheds light on how novel this thought is. This paper uses the comparative method, normative method, and legal-logical methods of induction and deduction. According to the research, the SCS in basic is a state project. The key distinctions between the SCS and similar systems in Western countries include the impact on individuals, state dependency, punitive policy, the breadth of consequences, and cultural differences. In addition, one of the tools of the SCS in China is ‘shame’, which is focused on maintaining harmonious relations within a society. In the West, the focus is more on the citizens’ rights.

РАЗМИСЛИ ОТНОСНО РИМСКОТО И СЪВРЕМЕННОТО СХВАЩАНЕ ЗА ДОГОВОРА

Author(s): Juan Manuel Blanch Nougués / Language(s): Bulgarian Issue: 1/2021

The aim of this article is to highlight the importance of the Roman legal terminology on contracts, origin of modern basic concepts such as contract, pactum, agreement, transaction (with mutual sacrifices by the parties), or unilateral promise etc., very abundant, from the legal theory’s point of view, in the Roman law. This ancient law is, nowadays, an indispensable tool referring the dialogue between the most widespread traditions in the world, i. e., the Roman-Germanic and the Common Law. In order to do that, even between national laws belonging to a common legal tradition, the analysis of the genesis and nature of the legal concepts in Roman law constitutes a fundamental task of legal interpretation. A review of the traditional theory of the sources of obligations in Roman law is also necessary. This paper, besides, affords the discussion of the recent reform of the French Civil Code concerning the sources of obligations (2016), as well as some of the different initiatives about the international unification of private law.

КОНСЕНСУАЛНОСТТА НА РЕАЛНИЯ РИМСКИ MUTUUM. КОНТИНУИТЕТ И ДИСКОНТИНИУИТЕТ В УРЕДБАТА НА ДОГОВОРА ЗА ЗАЕМ ЗА ПОТРЕБЛЕНИЕ МЕЖДУ РИМСКОТО ПРАВО, ИТАЛИЯ И КИТАЙ

Author(s): Antonio Saccoccio / Language(s): Bulgarian Issue: 1/2021

Roman jurists had always included the loan contract among the real contracts. This is the result of a progressive refinement process started with the ‘birth’of the loan within the category of the 're obligari'. Through a riper consideration developed among the jurists, the old 're obligari' has been included in a more recent notion of 'contrahere re', where the role of the consent is definitely more relevant. A tension between the elements of the consent and delivery has been kept within the view of Roman jurists on this contract: Roman jurists had, on the one hand, vigorously defended the view of the loan as a real contract, on the other hand, had elaborated dogmatic models of loan contracts for which the delivery (traditio) was not anymore necessary for the production of the (obligatory) effects of the loan contract.

DATIO IN SOLUTUM NECESSARIA В РИМСКОТО ПРАВО. РАЗВИТИЕ И НАСТОЯЩЕ – СРАВНИЕЛЕН АНАЛИЗ

Author(s): Verónica Daniela Díaz Sazo / Language(s): Bulgarian Issue: 1/2021

This research aims to analyze the figure of the datio in solutum necessaria from its origins to the present. All this, from the terminological and practical origin of the datio in solutum, but focusing specifically on the datio in solutum necessaria. The legal figure of datio in solutum necessaria finds its origin, according to the majority doctrine, after Justinian, so it is intended to systematize its evolution until today. In modern times, the datio in solutum necessaria is not estipulated in most legal systems, with voluntary payment being the option regulated by most of the current Civil Codes. However, it is intended to demonstrate that there are legal systems that remain faithful to Justinian Roman law when it comes to providing the datio in solutum necessaria in an express manner in their legal systems.

THE IMPORTANCE OF THE ENGLISH LANGUAGE IN PUBLIC DIPLOMACY AND INTERNATIONAL RELATIONS

Author(s): Mirvan Xhemaili / Language(s): English Issue: 1/2022

The primary language of international relations and diplomacy is English. The representatives of international bodies communicate in the English language. It is vital to establish English as the official language for international organizations in facilitating more efficient collaboration internationally. English dominance in international communication becomes increasingly apparent. This study aimed at gaining a more in-depth understanding of the significance of the English language. It also aimed at identifying, describing, and explaining the importance of the English language in public diplomacy and international relations. The researcher used the descriptive research method in the study, notably; secondary data were used for collecting reliable conclusions for the research. The findings suggested that the adoption of formulaic language, particularly, idioms and idiomatic expressions to further embellish the phrases used in the arena of international relations or policy is a peculiarity of the English language. The study concluded that formulaic language and the adoption and usage of idioms is a distinguishing feature that diplomats and those who have a career in international law and international relations should master.

МОРЕ И ПРАВО. НЯКОИ БЕЛЕЖКИ

Author(s): Mario Fiorentini / Language(s): Bulgarian Issue: 2/2021

The analysis of the legal sources of the second and third centuries AD, aims to highlight the fact thatthe inclusion of the sea among the res communes omnium, and the same this category developed by Marcian are not so much the mature fruit of the discussions developed among the imperial jurists but, on the contrary, an attempt to build a special category within the res publicae, open to anyone regardless of Roman citizenship, which, however, when it was created by Marcian, would need further reflection. However, such an in-depth study was not possible due to the lack of scientific activity of the jurists after Gordian III. A close analysis of the scene of Plautus’ Rudens is also carried out, in order to attempt a correct framing of the discussion on the historical process that involved the definition of the sea as res communis omnium.

LITTORAL MARITIME – FONDEMENTS ROMAINS ET LEGISLATION BULGARE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2021

This article presents some fundamental issues related to the use of the sea coast: its status from the legal and material point of view, the possibilities for its private or public use, the possibilities de construction on the coast and the beach as well as in the seabed, protection of the environment and the natural resources of the sea and the coasts. In the two parts of the article are presented the concepts of Roman jurisprudence and the modern Bulgarian legislation as well as some current problems for the Black Sea coast.

THE LAW OF THE SEA AND THE INTERNATIONAL ARBITRATION

Author(s): Ganeta Minkova / Language(s): English Issue: 2/2021

The aim of this paper is to study some aspects of the International Maritime Law, especially the settlement of disputes by international courts and tribunals. It examines at the way these institutions address contemporary problems. The study explores the role of the courts and tribunals and their potential to contribute to global justice.

„НАШЕТО МОРЕ“ И СУВЕРЕНИТЕТЪТ

Author(s): Nataliya Kiselova / Language(s): Bulgarian Issue: 2/2021

From ancient times until today, the sea has been a border, but also - a link. The use of marine waters is dealt with in international maritime law, but it is a matter of international relations as well. A brief historical overview of the impact on the Black Sea over the centuries has been made. The problem of sovereignty is also derived from history. This issue remains relevant and controversial. In the paper, sovereignty is considered from a legal and geopolitical perspective.

L´ATTIVITÀ DELLO SCAPHARI COME PRECEDENTE DEL CONTRATTO DE MOVIMENTAZIONE PORTUALE

Author(s): Tewise Yurena Ortega González / Language(s): Italian Issue: 2/2021

In this study we intend to briefly analyse one of the contracts that the Maritime Navigation Law classifies as „contracts auxiliary to navigation“, the port handling contract, trying to establish the existing connections between the current regulations in relation to the activities carried out by port operators, the contractual modality and the liability regime, as well as the activity carried out in the ports of ancient Rome by the professional staff of the scaphari.

L'INFLUENZA DI LITUS MARIS SULLA LEGISLAZIONE COSTIERA SPAGNOLA

Author(s): María Etelvina De las Casas León / Language(s): Italian Issue: 2/2021

The issue of litus maris is not a current concern to determining the coasts of individual countries. Roman law endeavours to analyze the question and above all to attend to the needs of a community. Although terminology may have evolved, the purpose has remained the same: concern for the environment and the legal regulation for the benefit of all mankind. When mentioning res communes omnium or res publicae, we ask ourselves whether they really have a different meaning or whether, on the contrary, we can consider them synonyms. In this sense, neither the sources, nor the doctrine is unanimous. From our point of view, however, everything boils down to a terminological and semantic problem, where the purpose is one and the same: to recognize a good of an entire community, which belongs to humanity and which we cannot make unlimited use of outside the legal system itself. Once again we find a topic that, although it seems contemporary, had already been taken into account in Roman jurisprudence and literature as well. And therefore, we see the impact and influence of Roman law on our contemporary legal system.

Słowo od Redakcji: Nowe stulecie RPEiS / Editorial: Into the second century of the Poznań Journal of Law, Economics and Sociology

Author(s): Marek Smolak / Language(s): English,Polish Issue: 1/2022

Включване на общностите в процеса на опазване и социализация на наследство – правнонормативни документи на водещи международни организации

Author(s): Plamena Zayachka / Language(s): Bulgarian Issue: 3/2021

This article explores the changing approaches to the preservation and socialization of cultural heritage. The analysis of the normative documents of the leading international organizations in the field of cultural heritage – from the 50s of the twentieth century to the present day – shows a slow transition to the integration of people and communities in the processes of its preservation. This transition has three main phases: from separation of people and communities from the heritage, through awareness and access to it, and finally, to inclusion in the decision-making process concerning cultural heritage protection. The article also examines where Bulgaria is in this process and how these changes in cultural policies affect the mechanisms of protection of our cultural heritage.

ACTUAL CHALLENGE IN INTERNATIONAL CORPORATE TAXATION: SHIFTING THE OBLIGATION OF CONDUCT INTO OBLIGATION OF RESULT

Author(s): Mihaela Tofan / Language(s): English Issue: 3/2022

The research answered whether cooperation in ruling corporate taxation, a traditional obligation of conduct of sovereign states, was undergoing profound transformation into the obligation of result. The analyzed topic was not whether the tax authorities want or should cooperate (which is answered per se), but rather how to appropriately respond to the international taxation requirements for strengthening the multilateral agreements. Tax authorities worldwide have expressed concerns about identifying efficient regulation, and the development of multilateral agreements to combat tax evasion was under long and often unproductive negotiation. The empirical analyses of relevant literature and jurisprudence helped formulate an opinion on the regulation’s efficiency in strengthening multilateral taxation. The need to change the nature of the state’s obligation to negotiate fiscal regulation was not mentioned explicitly in hard law. Still, it was indirectly supported by soft law instruments, such as state representatives’ continuous yet divergent dialogue and the approaches presented in the international courts’ jurisprudence. The consistent influence on the obligation to support developments in international law in corporate taxation was justified, given the limit when considering its conduct nature, compared to potential benefits generated by the obligation of result.

VIOLATIONS OF THE RELIGIOUS FREEDOMS IN THE EUROPEAN UNION MEMBER STATES IN 2015-2019: SELF-DEFENCE UNDER A NEO-MILITANT DEMOCRACY RULE?

Author(s): Kamila Rezmer-Płotka / Language(s): English Issue: 2/2022

In 2015, a serious crisis called the “refugee crisis” took place. Migrations had already taken place before, primarily in connection with armed conflicts, but the largest number of asylum applications was received in 2015 and was therefore described as the beginning of the crisis. One of the apprehensions in the European Union Member States about the reception of migrants was cultural differences and religion. The purpose of this study is to determine violations of various types of religious freedoms in all the EU Member States. The period 2015-2019 was considered in connection with the largest influx of refugees and before the next crisis on a huge scale, i.e., the coronavirus pandemic. The study will provide an answer to the question: what religious freedoms were violated in the years 2015-2019 in the EU Member States? In connection with increased migrations, were there more violations of the types of religious freedom related to refugees? The source analysis of the United States Department of State reports was used for the study. An assessment of restrictions on religious freedom will be made at the level of what extent and against whom were supposed to protect political nations. On this basis, it will be possible to compare all countries in terms of solutions characteristic of neo-militant democracies regarding respect for religious freedom.

GLOBAL CLIMATE CHANGE GOVERNANCE: A RETHINKING

Author(s): Baidyanath Mukherjee,Meera Mathew / Language(s): English Issue: 1/2023

The decades of increased Green House Gas (GHG) emissions have increased global average temperature to 1.1 degrees over pre-industrial levels. In order to hold the global average temperature rise below 2 degrees Celsius and, if possible, 1.5 degree Celsius, the governments signed various treaties. However, countries’ collective agreements to reduce their emissions were never kept. This study outlines why the method of mitigating global climate change has failed. The main problem was the inability to enforce goals and timelines. Ideas for even tighter emission limits will be ineffective unless they solve the enforcement gap. Trade restrictions are one method, but they introduce significant complications, particularly when used to enforce economy-wide carbon reduction agreements. The applied methodology is qualitative. This study proposes a novel strategy to unpack the climate challenge, targeting various gasses and industries with various instruments. It also illustrates how failing to address the climate problem fundamentally would generate incentives for various solutions, offering new problems for climate change governance.

REGULATING FAKE NEWS IN TRANSNATIONAL JURISDICTION: A COMPARATIVE STUDY OF BRAZIL AND ARGENTINA

Author(s): Prabhpreet Singh,Driton Kuqi,Vijaylaxmi Sharma / Language(s): English Issue: 1/2023

Many oppressive governments have passed cyber laws, cracking down on free speech, and used less traditional tactics to restrict people’s capacity to speak freely and in public. This is particularly true in nations where the government regulates media and information flow due to closed information systems. Laws regulating fake news clash with citizens’ free speech and expression rights. The paper gives an overview of the hurdles in regulating transnational cases of fake news. In cases of cross-border jurisdiction, it becomes vital to examine International legal standards, such as international agreements and international institutions governing fake news. In this paper, we look at two case studies, one from Argentina and one from Brazil, to see how these countries have dealt with the issue of fake news in cases involving transnational jurisdictions. The paper concludes with the observation that various governments employ a variety of approaches and policies in order to combat fake news.

LES CONTACTS DE L’EMPIRE ROMAIN AVEC LES HABITANTS DE LA SILÉSIE AUX PREMIERS SIÈCLES DE NOTRE ÈRE

Author(s): Piotr Sadowski / Language(s): French Issue: 2/2022

Today, Silesia is a large region located in the south-western part of Poland. A very small part of Silesia is currently in the Czech Republic and an even smaller part in Germany. In this paper, the author, Professor of the University of Opole, Piotr Sadowski, points to the examples evidencing the contacts between the ancient Romans and the inhabitants of Silesia at that time. He also asks about the nature of these contacts. He is convinced that the current cultural identity of Silesia, apart from Polish, German and Moravian factors, was also influenced by the achievements of ancient Roman culture. The author is aware of how many divergent views exist as to the ethnic affiliation of the inhabitants of Silesia in the first centuries of the Roman Empire. Probably at that time the representatives of various ethnic groups lived there, forming a union of tribes controlling the Аmber route. Numerous findings, especially the so-called Roman imports indicate that a number of Roman goods reached them - just recall a beautiful silver cup with plant and animal motifs from the 1st century AD found in Gosławice (today the part of Opole). The nature of Roman-Silesian contacts was influenced by the geo - political situation of peoples living between them. There was a time when Marcus Aurelius wanted to create two new provinces, Marcomanniа and Sarmatia. However, that did not happen. The Marcomannic Wars caused that trade relations in today's Silesia decreased and gave way to the political ones, as evidenced by the furnishings of the magnificent graves from Zakrzów (now the part of Wroclaw). Summing up, from the 1st century BC to the 5th century AD, the lands of today's Silesia were under strong influence of imperium romanum, initially most of all economic, later more political.