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Genocid nad Bošnjacima i njemačko pravosuđe: univerzalna jurisdikcija za genocid

Author(s): Hikmet Karčić / Language(s): Bosnian Issue: 1/2015

The German judiciary has passed four important judgments regarding the war crimes committed in Bosnia and Herzegovina. The importance of these judgments is the determination of genocide committing in the municipalities of Foča, Kalesija, Doboj and Kotor Varoš in 1992. In this paper we provide a brief overview and analysis of those judgments and the facts that have been established in the trial. Mentioned judgments were confirmed by the higher courts in Germany and in one case even before the European Court of Human Rights.

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Проблемы унификации в международном частном праве

Author(s): Marina Spiridonova / Language(s): Russian Issue: 3+4/2019

Article considers problems of unification and harmonization of private international law taking into account recent changes in legislation in the European Union and beyond. Definition of the concept of law unification is considered, various methods of unification and their drawbacks are analyzed. As unification of law takes place simultaneously at two different levels - on international and national levels, the application of conflict-of-law method of regulation in private international law t is determined by differences in the national regulation of private law relations in different countries. The article also focuses on forms and types of international unification of law and their negative aspects. The author draws the conclusion that the specifics of private international law create certain problems of harmonization and unification of law.

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Werchowna Rada Ukrainy wobec wybuchu konfliktu na Morzu Azowskim (listopad 2018 r.)

Author(s): Arkadiusz Adamczyk / Language(s): Polish Issue: 6/2019

The conflict between the Russian Federation and Ukraine on the Azov Sea (also called the Kerch Strait conflict) is the second field of rivalry — after Russia had seized Crimea by force — which has not been finalized either de facto or de iuris. It is an example of a political action generated by Russia, where the Federation — depending on current demands — exercises full control over the course of warfare and diplomatic actions by either escalating the tension or freezing the conflict. The Azov Sea incident of 25 November 2018 shall be regarded in those categories. Proposing this thesis, the date of the incident must be taken into account. It took place a few months before elections in Ukraine and, as it seems, it was to be one of the elements of Russia’s attempts at influencing the election and ensuring the victory of Russia-oriented political parties. In the crisis situation, the Verkhovna Rada of Ukraine had to take a position. The aim of the article is to demonstrate that the deputies not only used all constitutional entitlements to support actions of the executive (President and government), but also significantly exceeded their prerogatives. Moreover, the article is a contribution to the research of the legislative systems’ conduct in crisis situations.

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Prawo międzynarodowe wobec możliwości pozbawienia obywatelstwa za działalność terrorystyczną

Author(s): Marcin Pączek / Language(s): Polish Issue: 6/2019

Until recently, the question of citizenship deprivation for national security reasons had not attracted much attention among policymakers and international scholars. Things changed after some states had enacted or amended their laws so as to permit denationalization of their citizens engaged in terrorist activities at home or — which is more often the case — abroad. In most countries this shift was a response to the problem of “foreign terrorist fighters”, namely terrorist fighters who first leave their home country to join terrorist organizations abroad and then return. This article examines in detail the question of whether or not it is possible under international law to deprive a person of his/her citizenship because of involvement in terrorist activities. While answering this question affirmatively, the author wonders how far states can go in the exercise of citizenship deprivation powers and to what extent relevant norms and principles of international law limit state powers in this regard.

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The international repeat offense through the framework Decision no. 2008/675 JAI of the Council and the Judgment of the Court of Justice of the European Union in Case C-171/16 Trayan Beshkov

Author(s): Dorel-Cristian Albu / Language(s): English Issue: VI/2018

In order to make a consistent interpretation of European Union law, in the light of the outcome of the adoption of Framework Decision 2008/675/JHA and of the interpretation given by the judgment of the Court of Justice of the European Union in Case C-171/16 Trayan Beshkov, Romanian law should interpret national law in order to give direct effect to a conviction order pronounced in a Member State of the European Union in respect of which information has been obtained on the basis of the applicable instruments available with regard to mutual legal assistance or trade information extracted from the criminal records, without going through the main or incidental recognition procedure provided by Law no. 302/2004.

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CONSIDERATIONS ON STATE POWER AND THE MODE OF ITS IMPLEMENTATION

Author(s): Oleg Tănase / Language(s): English Issue: 1/2019

By its nature, the democracy, as a concept, signifies the power that emanates from the people and belongs to it; but at the same time, the people have entrusted this power to be achieved by the state, which, by virtue of a good and efficient activity, has divided its power.In these circumstances, the state organized on the principle of the separation of powers in the state, ranks with the rule of law, with all the effects of functionality: state-citizen, citizen-state, responsibility and mutual constraint.

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A Perspective on Online Donations in the Election Campaign

Author(s): Mihai Lupu / Language(s): English Issue: 3-4/2019

The online donations, a payment method that has become commonplace in contemporary society, can raise a bunch of problems referring to the electoral campain. The online platform can be managed by an association or a company, both legally constituted as legal entities. The administration involves costs to be covered by commissions. The impediment is the fact that donations to candidates in elections can be made only by natural persons, the donations of legal persons being expressly prohibited by law. The donations being collected by the legal entity, through the platform, the amounts will be transferred to the candidate / financial agent's account by the association. Thus, the competent authority to verify the legality and, possibly, to reimburse the expenses, can draw the conclusion, considering that the law does not expressly regulate this situation, that the donations were made by the legal person and not by the natural persons. But I should point out that there are a number of consequences: non-reimbursement of expenses, contravention liability of the one who received the donations, confiscation of the amounts received as a donation and spent in the election campaign.The aim of this paper is to confirm the lawfulness of online donations for a certain candidate or political party

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Odgovornost individua za zločin država

Author(s): Meldijana Arnaut Haseljić / Language(s): Bosnian Issue: 1/2018

Crimes committed in Bosnia and Herzegovina during the international armed conflict 1992-1995 have been the subject of numerous trials at the ICTY about determining of individual responsibility. The analysis of the ICTY work should provide answers to the following questions: Has the court succeeded enough in condemning of committers for the most serious crimes of international law?Has the determination of the individual responsibility of persons contributed to perceive the scope of overall criminal responsibility in committing of these crimes, as well as to direct towards the responsibility of states that stand indisputably behind the execution of mass and systematic crimes? Has this court made a step up related to the processes that took place in Nürnberg? What is the heritage of the ICTY regarding the individual responsibility and responsibility of the states? The ICTY has significantly developed the theory and set the foundations for development of international law in respect of the responsibility of the committers, but also set that guilt is widely individualized that the most serious violations of international law remained unpunished or insufficiently punished.

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Sistemul „social credit” în raport cu dobândirea şi asumarea de drepturi şi de obligaţii

Author(s): Codruța Guzei-Mangu / Language(s): Romanian Issue: 2-bis/2019

The paper aims to analyze the social credit system in relation to its influence in terms of acquiring by the subject of law of rights and obligations. In this regard, the study will try to discover the the way the system operates and the legal implications that it engages in its application. We will thus refer to the types of conduct pursued and taken into account, to the consequences that it determines, either for the purpose of rewarding the subject of law, if he had a proper conduct, or that of his sanctioning, if his conduct was one contrary to the legal norms he had to abide by. We will also consider how this system influences the subject of law, both individually and collectively, as a general result of its implementation.

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Externalizarea internaţională a activităţii întreprinderilor prin intermediul platformelor online

Author(s): Tudor-Matei Rusu / Language(s): Romanian Issue: 2-bis/2019

From a historical perspective, the enterprises begun by outsourcing parts of their manufacturing activity and, after, due to the evolution of technology and the expansion of the Internet, the enterprises started to outsource parts of their provision of services activities. This article will analyze the online platforms which are used by enterprises to outsource parts of their activity. These platforms are known as crowdsourcing platforms and enter in the online collaborative platforms category. The crowdsourcing platforms have the role of bringing together the demand and the supply regarding certain services which are going to be provided electronically. This article will only analyze the situations in which the enterprises that outsource and the service providers have their headquarters or domiciles, if applicable for the providers, in different countries.

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Limite ale implicării tehnologiei în soluţionarea prin mijloace alternative a litigiilor Online Dispute Resolution prin prisma raporturilor de comerţ internaţional

Author(s): Ramona Daniela Stangaciu / Language(s): Romanian Issue: 2-bis/2019

In the context of technological development, one of the main issues concerns the efficiency of dispute resolution mechanisms, both temporally and financially. The paper aims, first of all, to present the evolution of online dispute resolution and the way in which the platforms offer this type of service. Subsequently, we analyze the limits determined by the involvement of technology in online dispute resolution, taking into account the specificity of the license agreements in international trade. In this regard, the last part. highlights particular aspects of the procedure, taking into account four elements: choosing the platform, choosing the mediator, rules of procedure, as well as the legal nature of the solution resulting from online mediation.

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Evoluția jurisprudenței Curții Europene a Drepturilor Omului cu privire la cererile interstatale

Author(s): Olga Beneș / Language(s): Romanian Issue: 1-2/2019

Article 33 of the European Convention on Human Rights, entitled “Inter-State Causes”, provides as follows: ”Any High contracting Party may refer to the Court any alleged breach of the provisions of the Convention and the Protocols thereto by another High Contracting Party”. In this respect, the complaining state acts rather to denounce one or more infringements, which allegedly have been suffered by private persons to whom they are substituted in a particular way.Article 33 of the European Convention on Human Rights, entitled “Inter-State Causes”, provides as follows: ”Any High contracting Party may refer to the Court any alleged breach of the provisions of the Convention and the Protocols thereto by another High Contracting Party”. In this respect, the complaining state acts rather to denounce one or more infringements, which allegedly have been suffered by private persons to whom they are substituted in a particular way.

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Environmental impact assessment for developing countries in funded projects by international donors

Author(s): / Language(s): English Issue: 1-2/2019

This article has the objective to analyze the basic procedural differences between European and American legislation in regards to Environmental Impact Assessment (EIA) step within small–scale projects in developing countries funded by international donors. It has been observed that the typology of evaluation does not differ across project size, but it has incorporated exclusion criteria within a standardized evaluation form. Interesting is the fact that the environmental checklist is positioned slightly different within the EIA process in the EU and US, however in both cases for each accordingly — the same form is carried for small intervention and medium or large scale projects. Its evaluation criteria are based on the same principles, on the one hand — theoretically satisfying the standards of a rule of law, and on another hand — it impedes the mechanism of efficient implementation and sustainability.

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Statutul persoanei fizice şi metode de soluţionare a conflictelor de legi în domeniul moștenirii

Author(s): Elena Șuncarșciuc / Language(s): Romanian Issue: 1-2/2019

This article examines the issue of the status of individual in private international law, but also the methods of solving conflicts of laws in the field of inheritance, as nowadays, an international succession debate presents a serious difficulty, first of all in terms of conflict of jurisdiction and conflict of law, as the countries of the world are characterized by an extraordinary diversity of local laws and rules of applicable laws. The international succession as a field of civil law presents several varieties of national solutions. With the advent of the European Economic Community, the issue of unifying the legal framework for cross-border inheritance has increased, which has led to the adoption of Regulation (EU) No.650 / 2012 of the European Parliament and of the Council of 04.07.2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. Thus, the law of succession at the level of the European Union has begun to develop and raise the question of unifying the European normative framework in the field of cross-border inheritance.

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Necesitatea fundamentării și studierii dreptului securității naționale în Republica Moldova

Author(s): Alexandr Cauia / Language(s): Romanian Issue: 3-4/2018

The objective of this article resides in the systematic analysis of the factual and legal circumstances that require domestic legal science to identify both mechanisms and tools for building a new and distinct branch of national law, which would meet the needs of regulation and theoretical grounding as well as risks, threats and challenges to the national security of the state of the Republic of Moldova and would legally substantiate the institutional and normative system for preventing, combating and anticipating the challenges, threats and dangers concerning national security. Security remains a phenomenon in continuous development and modeling, depending on the reference system under analysis or depending on the subjects involved or affected directly or indirectly in the continuous and out-of-straight processes that ensure the security.

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Relațiile dintre drepturile omului și dreptul international umanitar în jurisprudența Curții Europene a Drepturilor Omului

Author(s): Olga Beneș / Language(s): Romanian Issue: 3-4/2018

The ECHR regularly recalls that the Convention must be applied in accordance with the principles of international law. The Convention cannot be interpreted in a vacuum, but it should, as far as possible, be interpreted in such a way as to be compatible with the other rules of international law, of which it is an integral part.

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Статус физического лица в международном частном праве Республики Молдова в рамках обновленного Гражданского Кодекса

Author(s): Natalia Osoianu / Language(s): Russian Issue: 3-4/2018

The article examines the legal status of the most typical subjects of private international law of the Republic of Moldova — individuals; rules of conflict of law and substantial norms, theoretical and practical aspects of relations with the participation of these persons and problems that may arise, as well as ways of their solution, are also analyzed. The changes to the Civil Code that entered into force in the spring of 2019 are taken into account.

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Unele aspecte privind recunoașterea și executarea hotărârilor judecătorești străine în dreptul internațional privat al Republicii Moldova

Author(s): Victoria Mileșco / Language(s): Romanian Issue: 3-4/2018

The article addresses some general issues regarding the recognition and enforcement of foreign decisions in the Republic of Moldova, identifies universal principles and provisions based on which such a procedure is performed. The trends and the advantages are formulated, the provisions of the legislation are analyzed.

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Gondolatok a hadisírokról

Author(s): Zoltán József Fazakas / Language(s): Hungarian Issue: 03/2020

The question of military cemeteries has been a subject of legal thinking ever since the beginning of human history. Cemeteries, including military graveyards, were always sacred places, as it is clearly reflected by the most sophisticated legal system: the Roman law. This essay presents a short legal history of military cemeteries from the Roman ages until the present. It focuses on the relevant regulations of the Geneva Conventions and on various Hungarian-Romanian treaties, with additional interesting examples from the rest of the world. The issue also touches upon the protected rights of national minorities. Almost every military cemetery in Transylvania is also subject of the cultural and historical heritage. These deep and direct connections mean that these cemeteries have to be protected not only by the military conventions, but also by other international treaties.

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МЕЂУНАРОДНИ ОБИЧАЈ У ЈУРИСПРУДЕНЦИЈИ СУДА ПРАВДЕ ЕУ

Author(s): Sanja Đorđević Aleksovski / Language(s): Serbian Issue: 84/2019

By analysing the highly heterogeneous practice of the Court of Justice of the European Union (CJEU), one can identify four roles of international customary law within the EU legal order. Fistly, it has relatively frequently and easily been invoked for its demarcation role in order to differentiate the competences of EC/EU from its Member States. It is notable that the Court of Justice did not refrain from this type of role of international customаry law. The interpretative role of international customary law is also not per se a contested one. However, it appears that the Court of Justice has only been keen to apply those customary provisions codified by the two Vienna conventions on the Law of Treaties, thus freeing itself from the burden of proving their existence or content. International customary law serves as a means of filling in legal gaps within EU law, thus having a praeter legem function. Јurisprudence has clarified that the invoking of international customary law in this function is only allowed when complementary to all other rules and principles of EU law. Finally, it has an important yet not fully clarified derogatory role, when serving as a legal basis for challenging the validity of secondary legislation, which is in fact the most contested function. Throughout the years, by adding new requirements, the Court of Justice has defined a very high threshold. It is extremely cautious when granting the possibility of invoking international customary law in order to examine the validity of secondary legislation, thus (over)protecting the autonomy of EU law. Therefore, although the Court of Justice has repeatedly emphasized that international law is an integral part of the EU, there are different levels of invoking and applying international customary law in accordance with its different functions.

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