Actualitate internaţională – Iunie - Iulie 2020

Author(s): Bogdan Aurescu / Language(s): Romanian Issue: 10/2020

The section contains a presentation of the most important cases brought before the International Court of Justice, the International Criminal Court and the Special Criminal Courts and also a review of the treaties or agreements concluded, the conferences being organized and the celebration of significant events with both international and national impact.

Работата на дипломатическите представителства в условията на извънредна ситуация

Author(s): Cristina Tepkian / Language(s): Bulgarian Issue: 5/2002

Actualitate internaţională – August - Septembrie 2020

Author(s): Bogdan Aurescu / Language(s): Romanian Issue: 12/2020

The section contains a presentation of the most important cases brought before the International Court of Justice, the International Criminal Court and the Special Criminal Courts and also a review of the treaties or agreements concluded, the conferences being organized and the celebration of significant events with both international and national impact.

Tratate bilaterale internaționale între Serbia și România

Author(s): Jelena Lopicic Jancic,Bogdan Vukosavljevic / Language(s): Romanian Issue: 10/2020

The international bilateral treaties between the Republic of Serbia and the Republic of Romania date from the middle of the 19th century. The total number of international bilateral treaties from 1850 to the beginning of 2019 is 597, which is undoubtedly an impressive number. To date, there is no book, monograph, systematic paper, article, discussion or at least an overview or overview of international bilateral treaties between Serbia and Romania. Therefore, this paper will be a modest attempt to inform directly, scientifically, professionally and the general public about these international bilateral agreements.

Studiu privind Perspectivele Executarii Contractelor Internationale Comerciale prin prisma progresului Tehnologic

Author(s): Virginia Zaharia,Angela Cibuc / Language(s): Romanian Issue: 01/2021

Technological advances and the computerization of society rapidly contribute to the change of all spheres of human activity, currently international trade relations have a majority impact on the world economy, their development is taking place at a particularly accelerated pace, which generates certain gaps in terms of legislation in this area. Of particular importance in the development of this sphere was the electronic means of communication, becoming quite popular in recent decades, and the conduct of trade reports through them were no exception. // Under the current conditions, as a fundamental legal instrument in private law, the contract could not develop separately from the new technologies imposed by the evolution of society towards the virtual world and in an attempt to adapt to the virtual environment; the contract took the electronic form.

THE DOMAIN AND THE METHOD OF PRIVATE INTERNATIONAL LAW

Author(s): Lacrima Bianca Luntraru / Language(s): English Issue: 1/2021

The legal norms which compose the branch of private international law acquire special balances in the context of contemporary society, finding their applicability in countless hypotheses. Observing their internationalization and unification movement, we aim to make a brief incursion into the science of private international law. The current paper aims to study the field and the specific method of the subject.

Ръководство на Unidroit за международен франчайзинг

Author(s): Ventsislava Zhelyazkova / Language(s): Bulgarian Issue: 1/2002

Международноправни инструменти за насърчаване и закрила на чуждестранните инвестиции

Author(s): Liliya Kisseva / Language(s): Bulgarian Issue: 1/2002

Съвместимост на конституционната забрана за предаване на български граждани с Римския статут за международен наказателен съд

Author(s): Daniela Boteva / Language(s): Bulgarian Issue: 1/2001

The question of the compatibility of the Constitution of Bulgaria with the Rome Statute of the International Criminal Court (ICC) arises in two cases - with respect to Art. 25(4), banning the surrender of Bulgarian citizens to foreign states, and with respect to the immunities and privileges, granted to certain categories of civil servants. The former issue is the subject of the present study. The text of Art. 25(4) allows different interpretations. It bans “surrender” of Bulgarian citizens, but to a “foreign state”. This study outlines the differences between “surrender” to an international court and “extradition” to another state, as well as the different opinions as to whether the ICC is a “foreign” jurisdiction to the States Parties to the Statute. The practice of other countries, preparing for ratification, is also presented. The conclusion of the study is that, in spite of the different possible interpretations, the provision of Art. 25(4) of the Constitution should be construed in conformity with the Rome Statute. It may however be amended as part of a broader constitutional revision in order to highlight Bulgaria’s support to a progressive international organization such as the ICC.

Уреждане на международни търговски спорове в правната уредба на Световната търговска организация

Author(s): Kristian Rusev / Language(s): Bulgarian Issue: 1/2001

FACILIS DESCENSUS AVERNO: WTO DISPUTE SETTLEMENT AND TRADE-WARS - IS THE WTO HEADING WHERE IT SHOULD?

Author(s): Botond-Zoltán Petres / Language(s): English Issue: 1/2021

Trading is arguably the most important element of our modern society, and its importance in the globalized world is second to none. International commerce nowadays involves more complex supply chains, more sophisticated financial operations, and more economic agents. However, states do remain influential factors in that ecosystem, and together they create the framework of international trade. That framework is closely supervised and controlled by none other, than the World Trade Organization. Although, the creation of the WTO did not guarantee, that there would be no tensions between trading nations. Trade wars cause no surprise for an economist or lawyer assessing international trade. But did the most appropriate organization handle these trade wars right? In this article we will succinctly analyse the current framework and will try to answer whether the Dispute Settlement Mechanism (hereinafter ‘DSM’) is compatible with all the cases. There is no room for error: if there are certain cases where the DSM only aggravates the problem, then these cases have to be identified and have to be handled with special attention. We are familiar with the disruptive effects of a trade war; hence we are challenged to do our utmost to prevent them – and to rethink what, according to John H. Jackson, has to be a rule-based system.

Система на ООН за поддържане на международния мир, мироопазващи операции и употреба на сила

Author(s): Blagoy Vidin / Language(s): Bulgarian Issue: 6/2000

During its evolution the United Nations (UN) has developed special procedures for the maintenance of peace by means of use of military elements and units. These have gained popularity as peace-keeping operations and differ considerably from original conceptions concerning the maintenance of international peace and security. The Charter of the United Nations (UN) provided for a system of collective security as a reaction by the international community to breaches of international peace. That concept was realistic up to a point when the Cold war broke up and started to develop. As a substitute to the non-efficient UN mechanisms during the Cold war era the regional systems for collective security as well as the UN peace-keeping forces have come into existence. This article surveys the basic elements of the concept of UN peace-keeping as well as the reasons for its broad practical use and acceptance.

THE IMPACT OF GLOBAL ENERGY POLICY ON CLIMATE CHANGES

Author(s): Daniela Kuzmanović,Mirjana Puharić,Ivana Ilić / Language(s): English Issue: 31/2021

In a present that is limited by carbon concentrations and the near future that will face the serious consequences of climate change due to the overuse of fossil fuels. We cannot say for sure about the quantities of fossil fuels in the earth’s crust, and the world still relies on them. On the other hand, the need for an increasing amount of electricity is increasing every day, especially in developing countries, and lately in underdeveloped countries. The energy systems of all countries of the world are undergoing a series of transformations, and all of them are actively looking for ways to decarbonize and produce energy while maintaining market competitiveness and continuity of economic growth. This energy transformation from fossil to alternative and renewable sources is necessary and indispensable if we want to deal with climate change and the consequences caused by man. The world needs to move quickly from fossil fuels to clean, low-carbon energy systems. This would limit the increase in average global temperatures of two degrees in relation to its level before the first industrial revolution. In different parts of the world we have different climate and energy policies, which must be harmonized, unified and become a single global policy in the fight against climate change. This paper aims to show the current general energy situation in the world, as well as trends in climate change. then, current global policies to reduce CO2 emissions will be presented with the accompanying technological transformations from gray to green energy that are inevitable to develop in the IV Green Industrial Revolution. Tendencies of major economic forces in energy transformations and energy production. If we accept that climate change is a global crisis and that both the climate and energy challenges of the 21st century are the key transformative challenge we need, then worries about the amount of carbon emitted into the environment raise new problems in the fight against climate change. The paper will only raise questions that have been asked many times so far, but will also open up some new questions: What is the future of the planet in terms of global warming and climate change? ; What is the future of fossil fuels? ; Should foil fuels be left in the earth’s crust or should we continue to use them with technological innovations and gradual transitions to existing alternatives to fossil fuels? ; Why is nuclear energy a potential alternative to fossil fuels? ; In some sources, are the negative effects of nuclear energy equated with the negative effects of renewable energy sources? ; Why is climate change a global – collective problem, so is it necessary for governments to insist on investing in the transition from a fossil fuel economy to a renewable energy economy? ; Are renewable energy sources the solution to climate change? ; How can we stay within the limits (emission limit values) and meet all the necessary climate change mitigation goals?

Lawfare as part of hybrid wars: The experience of Ukraine in conflict with Russian Federation

Author(s): Zakhar Tropin / Language(s): English Issue: 1/2021

The main objective of the article is to prove the need for the state to have a centralised legal strategy to ensure the protection of state interests on an international level during a hybrid conflict. Centralisation of control and the planning and implementation of legal actions on an international level are core elements of such a strategy, especially for actions under the jurisdiction of international institutions. This article provides an analysis of treaties and of the practice of adjudication in Ukraine during the conflict with the Russian Federation. The findings of the study show that the legal dimension of hybrid conflict has some sub-levels: legal actions of states in hybrid conflicts taken at interstate level; the level of enterprises controlled by the state; and the private level. The practice of Ukraine shows that the exercising of a multilevel legal encounter during a hybrid war faces a number of problems including the intersection of actions (sometimes even direct conflict), even among authorities involved in the legal protection of state interests; and problems with collecting and analysing the information necessary to protect state interests in the legal dimension; state authorities that are not directly involved in a legal encounter may exercise actions which will complicate the legal position of the state. One of the first steps taken by the state in a hybrid conflict is, therefore, to create special authority or entrust an existing one with the coordination of the functions of lawfare. The next step of such an authority is the strategic "programming" of the opponent's legal actions with the aim of achieving an advantage in the legal dimension of a hybrid conflict.

Actualitate internaţională – Octombrie 2020

Author(s): Bogdan Aurescu / Language(s): Romanian Issue: 1/2021

The section contains a presentation of the most important cases brought before the International Court of Justice, the International Criminal Court and the Special Criminal Courts and also a review of the treaties or agreements concluded, the conferences being organized and the celebration of significant events with both international and national impact.

Transnational Law. Approaches and (Commercial) Origins

Author(s): Radu Bogdan Bobei / Language(s): English Issue: 24/2020

Transnational law, hereinafter ‘TL’, be it a real dream or a dreamed reality, is to be outlined in the light of some approaches and its origins. The paper addresses 3 (three) approaches of TL: the ideological approach (Section 1), the operative approach in its academic dimension (Section 2), respectively the operative approach in its non-academic and practical approach (Section 3). Furthermore, the paper addresses the private (and) commercial origins of TL (Section 4). In the first quarter of the 21st century, TL deployed its evolutionary nature. In order to deeply contemplate in future papers the stages of such TL’s evolutionary nature, the paper is suggesting for the time being a ‘Back to the origins of TL itself!’ demarche. It might be a chance to properly contemplate also in future papers the progressive nature of the transnational normativity itself, be it hard or soft. Such latter nature is permanently nurtured by the relationships evolved within the so-called ‘world society’. At least in the last 50-60 years, the world society detached the nations from the States themselves and from the Westphalian logic familiar with the nation-States only. The final remarks allow seeing, even briefly, that the newest TL, if any, amounts, at least in its commercial dimension, to TL in its oldest version of commercial dimension itself (Section 5). The so-called ‘circle, if any, of TL’ in its commercial dimension is fully and perfectly closed; the newest and the oldest lex mercatoria are sharing the same core idea - that is the worldwide merchant’s common sense in doing business.

RECENZII

Author(s): Cristina Vohn / Language(s): Romanian Issue: 3/2021

TRACING THE CIVILIZATIONAL INFLUENCES IN THE CONSTRUCTION OF CHINESE AND RUSSIAN APPROACHES TO INTERNATIONAL LAW

Author(s): Punsara Amarasinghe,Sanjay K Rajhans / Language(s): English Issue: 13/2020

This article seeks to examine the rigor of civilizational values in modern international law as a crucial factor and how historically different civilizational values have inculcated different approaches to international law. While critiquing the civilizational rhetoric built by European nations in creating Eurocentric international law, this article illuminates how international law has been perceived by China and Russia following their historical complexities as unique states. The results emerging from this paper will demonstrate the diversity in international law in across different countries.

ROLUL DOMICILIULUI ÎN RESPONSABILITATEA SOCIALĂ A GRUPURILOR TRANSNAȚIONALE DE SOCIETĂȚI ÎN UNIUNEA EUROPEANĂ

Author(s): Carmen Tamara Ungureanu / Language(s): Romanian Issue: 2/2021

As a result of globalisation and technological development, European Union (EU) companies have expanded their activities beyond the European single market, forming transnational groups of companies (TNG). TNG influences the economy of states; this influence has both positive and negative aspects. Corporate Social Responsibility intervenes in order to eliminate the adverse effects, which result mainly from the violation of human rights and the violation of the rules on environmental protection. The classic form of TNG is a group of companies in which a parent company controls its subsidiaries through shares or other forms of ownership. This paper will consider parent companies or group’s dominant companies domiciled in the EU and subsidiaries or dependent companies domiciled in third countries. Using the mechanisms of private international law, we will show that the EU-based parent company can be held liable for damages caused by a subsidiary based in a third country. We will present some emblematic cases solved by EU courts, which illustrate the paradigm shift in the EU space regarding the social responsibility of TNG. Finally, we will briefly analyse the developments of the EU and its member states legislation.

THE LEGAL BALANCE BETWEEN LIBERTY AND EQUALITY

Author(s): Isabel Trujillo / Language(s): English Issue: 3/2021

The paper explores the specific legal balance between liberty and equality, distinguishing it from political theories and constitutional settings, where they are often considered in opposition. In order to find the specific legal balance between liberty and equality, and after identifying some of their relevant meanings for the purpose, it becomes necessary to focus on the rule of law, and to examine the relationship between liberty and equality in its different versions. Once the core meaning of the rule of law in terms of liberty and equality is enucleated, it is possible to consider extending it to the international field.