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International security and the new international political and legal system outline new parameters and mechanisms seriously influenced by the energy factor. Energy consumption affects climate change. Interests, challenges and strategic ambitions of the participants in the processes in the Caucasus area are analyzed.
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The article analyzes important aspects of action throughout the years of the UN Security Council. Like successful peacemaking and peacekeeping missions. Options for future reformation of the Security Council are discussed.
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The conflict of 2001 is one of the hardest moments in the history of Republic of Macedonia It ended with the signing of the Ohrid Agreement. This Agreement is a new beginning of the relations in the state though controversially accepted. The Ohrid Agreement is a specific normative document which, although internal for Macedonia has an international element because of the mediation of the international community.
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This article outlines the practice of USA banks to extend credits abroad (incl. in Bulgaria) via promissory notes and the particularities of the laws in the USA facilitating this practice. Further, some specific forms of international trade financing have been analysed, i.e. forfaiting, documentary bills and acceptance letters of credit. Some key differences in the substantive laws of the major legal systems have been summarized, that justify the significance of the conflict of laws analysis with respect to negotiable instruments.
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The newly established competence of the European Union in the field offoreign investment requires substantial reform in the existing Investor-to-State dispute settlement mechanism. The current study aims to clarify the problems that theexisting ISDS mechanisms reveal and to overview the proposal for a new Investment court system as a possible solution.
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In a constantly changing world, the need of reforming is becoming more and more an issue. As one of the leading international organizations, the UN needs to adapt to the international situation. United Nations Security Council as the main body should set the tone in this direction for the further functioning of the organization itself.
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In the course of this article, I will discuss the issue of ethnic and national conflicts, the importance of peacekeeping control of their regulation, and conducting analysis of the strategy of peacekeeping. The purpose of this work is to identify the most appropriate ways of resolving ethnic – international conflicts using a tool such as - peacekeeping control.
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Achieving of stability in the Western Balkans passes through overcoming the Name dispute between Greece and Macedonia. The Interim Accord concluded in 1995 is a necessary but insufficient step in that direction. Proof of this is the lack of a definitive agreement continuing to today, and the fact that the decision of the International Court of Justice did not lead to positive development.
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This study examines the main problems faced by Kosovo in its attempts to join various intergovernmental organizations. I have briefly examined Kosovo’s accession to the IMF and the World Bank, the problems and perspectives before its membership to the UN, the European Union, NATО and the Council of Europe.
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The 1815 Congress of Vienna set the tone for colourful experiments in international administration by subject different to the territorial sovereign. 200 years on, the practice of the internationalisation continues to be not only a source of academic controversy, but is effectively creating the legal and temporal space for the emergence of new international subjects.
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The research paper presents an interesting and curious moment from the new political history of Bulgaria – the recognition of the four ex-Yugoslav republics – Slovenia, Croatia, the Republic of Macedonia and Bosnia and Herzegovina. Some of the main reasons, which led to the collapse of the ex Socialist Federative Republic of Yugoslavia are analyzed in the paper. The author attempts to sketch the key reactions and problems stemming from the act of international recognition both in the external aspect and the internal political context of Bulgaria at that time – 1992. The researcher accentuates on the act of international recognition as an independent and well-thought foreign policy decision of Bulgaria that was taken by consensus among the major institutions of state power and governance – government, parliament and president. The act of recognition gave a clear signal to the international community about the character of the foreign policy and the values, which Bulgaria would follow in its new democratic history after the changes in 1989. The research is a part of a more ambitious scientific work dedicated to the issues arising from the collapse of ex-Yugoslavia and its implications on Bulgaria’s foreign policy.
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This article is analyzing firstly – the express conflict of laws rules in art. 569 of the Commerce Act on the form and time limits for acts necessary for exercising or preservation of rights, which are broader compared to the respective counterparts in the Geneva Conventions. A de lege ferenda proposal has been made to accept in Bulgaria a rule on post-dating of cheques as per the Geneva Cheques Convention of 1931. An attempt has been made to establish which is the law applicable to the necessity for performing of acts for exercise and preservation of rights? Arguments are put forward that on the latter matter should be governed by the law applicable to the obligation of each separate recourse debtor vis-à-vis whom recourse claims are brought. In the context of cheques, a de lege ferenda proposal has been made to accept in Bulgaria the rule on the said necessity as per the Geneva Cheques Convention of 1931. Lastly an analysis has been made on the law applicable to vis major and to the moratorium on presentment, protest, and notice of dishonour.
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The European Union (EU) is an active player in the non-proliferation of nuclear weapons. The established political and legal basis in this area however has not been used effectively. There are institutional problems of coordination and rational distribution of EU functions. Republic of Bulgaria has its own place and weight in the process of non-proliferation of nuclear weapons.
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This report presents at the establishment of a legal framework for the integration of refugees in Bulgaria, the stages, deadlines and essence of the Integration Agreement, as well as the responsible state institutions in this process.
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The study analyzes the main international legal instruments in the field of biosafety for the benefit of humans, animals and plants. Different types of biosafety hazards have been identified, which have great potential for movement between sectors. It is also concluded that the convergence of animal and human health biosafety aspects is likely to lead to significant changes in the roles, partnerships and regulatory activities of competent authorities and their control. Some aspects of modern biological research have been studied. The regulatory frameworks of the EU and Bulgaria in the field of biosafety are indicated. It is concluded that guarantees for the peaceful use of biological agents can be sought in strengthening the regulatory framework for biosafety at the national and global levels. In addition to legally binding instruments, more important are the flexible norms that act with their moral and political force. There is an urgent need to use a global approach and find appropriate mechanisms for synergies among global and sectoral legal regimes for biosafety regulation.
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Le présent rapport a été établi à la demande de l'Assemblée générale, qui, au paragraphe 240 de sa résolution 65/37 en date du 7 décembre 2010, prie le Secrétaire général d'élaborer un rapport d'ensemble, qu'elle examinera à sa soixante‐sixième session, sur l'évolution de la situation et les questions intéressant les affaires maritimes et le droit de la mer. Le rapport est destiné à faciliter les débats sur la question qu'examinera la douzième réunion du Processus consultatif informel ouvert à tous sur les océans et le droit de la mer et qui portera sur les moyens de contribuer à l'évaluation, dans le cadre de la Conférence des Nations Unies sur le développement durable, des progrès réalisés et des lacunes à combler au niveau de la mise en oeuvre des textes issus des grands sommets relatifs au développement durable. Il constitue la deuxième partie du rapport d'ensemble du Secrétaire général et est également présenté aux États parties à la Convention des Nations Unies sur le droit de la mer conformément à son article 319.
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L’évolution et l’état actuel du droit international de la mer Mélanges de droit de la mer offerts à Daniel Vignes.
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Trafficking in human beings is a substantial component of the international criminal business. However, the economic instability of different regions and the inefficient prophylaxis of crimes stimulate human trafficking. The targeted criminal activity is based on illegal migration and on the occasion of illegal use of labour. These factors make it easier for criminals to manipulate people and earn fabulous income. Revenues from transnational organized crime as a result of trafficking in human beings are highly profitable, compared to the arms and drug trade, and sometimes even exceeding it. The international community has imposed strict bans on all forms of slavery, recognizing human trafficking and forced labour as crimes against humanity. Article 7 of the Rome Statute of the International Criminal Court assigns to the category of crimes against humanity enslavement, rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity, if committed as part of a widespread or systematic attack directed against any civilian population. If we show that trafficking in human beings is a variety of the slave trade, and forced labour is a form of slavery, then it is natural to repress these phenomena, which are of greater danger to all humanity, which also affects human trafficking. However, precisely because of the brutal nature of the violation of human rights and freedoms, trafficking in human beings is put on the same scale as crimes against humanity. The study presented focuses on the treatment of evidence and circumstances to be proven in the process of criminal prosecution in cases of trafficking in human beings.
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Review of: Malcolm Nathan Shaw, International Law, 9. izdanje, Cambridge: Cambridge University Press, 2021., str. xcv + 1213.
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If one conceives media freedom as a specific legal concept, how to define media? This article looks for answer to this question in case-law of the ECtHR. It argues that even though there have been attempts to define media in theory, the Court tends to use intuitive approach in order to recognize media or journalists. While some authors identified in the case-law several characteristics typical of media – public interest and special duties and responsibilities – these could not sufficiently distinguish media from other speakers. The article concludes that Article 10 of the ECHR case-law does not view the media as privileged per se. That opens the floor for discussions if some rights, traditionally linked to the media freedom, should indeed be reserved only for the media.
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