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ПРИНЦИПИ НА МЕЖДУНАРОДНИТЕ МНОГОСТРАННИ ДОГОВОРИ В ОБЛАСТТА НА ОПАЗВАНЕ НА АТМОСФЕРНИЯ ВЪЗДУХ ОТ ЗАМЪРСЯВАНЕ С УЧАСТИЕТО НА РЕПУБЛИКА БЪЛГАРИЯ

Author(s): Georgi Penchev / Language(s): Bulgarian Issue: 2/2016

This scientific study is dedicated to the principles of some international multilateral treaties in the field of protection of the ambient air from pollution with participation of the Republic of Bulgaria. The attention is paid to explicitly formulated principles of these international treaties. It has been made also suggestions de lege ferenda for their improvement.

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ОСОБЕНОСТИ НА ПРОЦЕДУРАТА ПО ПРЕКРАТЯВАНЕ НА МЕЖДУНАРОДНИ ДОГОВОРИ

Author(s): Victor Serafimov / Language(s): Bulgarian Issue: 2/2016

Terminating of international treaties that have been dully concluded and consequently – ratified or confirmed by Bulgaria is a procedure that has been stipulated in the Constitution of Bulgaria and the International treaties Act. The topic has also been explored by the Constitutional Court of Bulgaria. These acts have generally set up the international treaties terminating procedure. The present study explores the separation of powers between the Parliament and the Government of Bulgaria.

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ВОПРОСЫ СОБЛЮДЕНИЯ МЕЖДУНАРОДНЫХ ИЗБИРАТЕЛЬНЫХ СТАНДАРТОВ В НАЦИОНАЛЬНОМ ЗАКОНОДАТЕЛЬСТВЕ

Author(s): Gulmira S. Bazarova / Language(s): Bulgarian Issue: 1/2019

The article discusses the role of international electoral standards in the formation of national electoral legislation. The essence, meaning and main sources of international election standards are explored. Due attention is paid to the Recommendations of the OSCE Mission for improvement of the electoral legislation of the Republic of Kazakhstan and foreign countries.

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ЗАБРАВЕНАТА ИЛИ ПРЕНЕБРЕГНАТАТА БЪЛГАРСКА ДИПЛОМАЦИЯ

Author(s): Yordan Velichkov / Language(s): Bulgarian Issue: 1/2019

The article examines certain requirements towards the diplomat, namely to objectively inform, to reasonably predict and offer not what will appeal to superiors, but ideas, in which they believe would be useful to their country, even if they are in conflict with the official state policy. Milan Milanov is one of the most striking examples of an impressive successful diplomatic career in the last century. He started his career in the UN as an attache, who often edited and corrected errors in the documents of the international organization; then he became an ambassador to France and a representative of Bulgaria to the United Nations. He is one of the leading Bulgarian journalists, talented Bulgarian diplomat, founder of the Department of “International Law and International Relations” and Vice-Dean of the Faculty of Law and History of the South-West University “Neofit Rilski” – Blagoevgrad. He has left indelible traces in the minds of thousands of students whose lecturer he has been for over 20 years. Prof. Milanov has also been a Director of the Diplomatic Institute to the Minister of Foreign Affairs for four years.

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REVIEW OF SOME TOPICAL ISSUES IN EU DIPLOMATIC SERVICE

Author(s): Nikolay A. Marin / Language(s): English Issue: 1/2019

The present study explores the new dimensions and challenges for the diplomatic services of the EU Member States. The framework of these services has been changed since the foundation of the European External Action Service in 2010 and the strengthening of the EU foreign and security policy by the 2009 Lisbon Treaty. This development puts forward the necessity to outline the new dimensions of cooperation between the ministries of foreign affairs of EU Member States. In addition, the study reviews the secondary law of the EU with respect to the cooperation between diplomatic missions in terms of diplomatic protection of EU citizens in third states.

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SOME ISSUES CONNECTED WITH THE INTERNATIONAL ENVIRONMENTAL LAW

Author(s): Anna Hristova / Language(s): English Issue: 1/2019

This article discusses the challenges for the processes of transforming the economic governance models in line with the standards and norms of a low-carbon and energy-efficient economy established by theInternational Environmental Law. In this sense, the problems concerning the different levels of technological development are mentioned and it is proposed to introduce a more flexible and realistically applied individual approach, corresponding to the real state of a certain region. Attention is drawn to the measures and programs for energy efficiency on the territory of the EU and the Republic of Bulgaria.

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Международное управление рыболовством в Черном море: вчера, сегодня, завтра

Author(s): Gabriela Belova,Damir Bekyashev,Kamil Bekyashev / Language(s): Russian Issue: 2/2020

The paper provides geographic and biological information on fisheries in the Black Sea, describes the international legal regime of the Black sea. The norms of international regional agreements on fisheries in the Black sea are analyzed in detail. Special attention is paid to the European Union fishery regulations in the Black Sea. The role and activities of the General Fisheries Commission for the Mediterranean in terms of the fisheries management in the Black Sea are analyzed in detail. The results of the High-Level Conference on the Joint Maritime Agenda for the Black Sea (May 2019, Bucharest) were reviewed. The recommendations for improving international legal fisheries management in this sea are made.

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ДОМИЦИЛИЯТ КАТО ПРИВЪРЗВАЩ ФАКТОР В АНГЛОСАКСОНСКОТО ПРАВО И ПРИЛОЖИМОСТТА МУ В МЕЖДУНАРОДНОТО ЧАСТНО ПРАВО

Author(s): Ventsislav Trendafilov, / Language(s): Bulgarian Issue: 3/4/2020

This article examines the connecting factor domicile as a specific institution of Anglo-Saxon law and the problems in determining the domicile of individuals in private international law. Defining the concept itself is not an easy task, as the concept of domicile is different even in the countries of the Anglo-Saxon legal system. The article examines the types of domicile and draws short parallels with the links between nationality and habitual residence. Here are some more general conclusions about the connecting factor domicile.

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МАКЕДОНСКИТЕ ЕЗИК И ИСТОРИЯ: МЕЖДУНАРОДНОПРАВЕН АНАЛИЗ НА ПРАВОТО НА САМООПРЕДЕЛЕНИЕ И БЪЛГАРСКОТО ВЕТО

Author(s): Todor Rogoshev / Language(s): Bulgarian Issue: 1-2/2022

The right of self-determination of peoples is among the key principles, recognized by the Charter of the United Nations, but it is also one of the most contested ones. The Balkans, where there have bee are certainly one of the places with the most conflicts on this topic in the entire world for the past 30 years. One of the most recent claims of breach of this right comes from a number of authors and the authorities of North Macedonia in response to the enforced ‘veto’ power by Bulgaria for the commencement of the negotiations for accession to the European Union in November 2020. This paper aims to examine the Macedonian question through the prism of the right of self determination and to answer the question if Bulgaria has breached its international obligations in this regard.

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Weapons of Mass Destruction and International Law

Author(s): Mohammed Mahmood Abdullah,Raad Fejer Futaih,Laith Rafea Khalaf,Bushra Salman Husain Al-Obaidi / Language(s): English Issue: 5/2024

Weapons of Mass Destruction (WMDs), biological and chemical weapons – have long presented serious dangers to global security. Recognizing the catastrophic potential of these weapons, the international community has worked to build legal frameworks to prevent their spread and deployment.With an emphasis on compliance methods and enforcement techniques, this article tries to assess international law's effectiveness on WMDs critically.The Nuclear Non-Proliferation Treaty (NPT), the Biological Weapons Convention (BWC), and the Chemical Weapons Convention (CWC) were all thoroughly reviewed. In addition, case studies were examined to identify instances of noncompliance and the international reaction that followed.International accords have successfully fostered transparency and disarmament, but problems remain. Noncompliance, often caused by differing interpretations of treaty duties or plain avoidance, continues to be a concern. Enforcement actions ranging from diplomatic discussions to sanctions and even military incursions have been used inconsistently, highlighting weaknesses in the international legal system.While the international legal system is essential for establishing norms and standards, it requires more consistent enforcement mechanisms and collaborative international efforts to be strengthened. Addressing the shortcomings of the existing framework is critical to ensuring a more secure future free of WMD threats.

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Polskie sprawy przed Sądem Unii Europejskiej

Author(s): Krystyna Kowalik-Bańczyk / Language(s): Polish Issue: 1/2024

This text examines the participation of Polish applicants in casesbefore the General Court of the European Union. Both qualitative and quanti-tative analyses were performed: firstly, by presenting the cases in which Polishwas used as a language of the proceedings, and secondly, by briefly analysingthe domains in which Polish cases were most numerous. Last but not least,the paper explores the impact of Poland on the development of European law,be it by refining the procedural rules applied before the General Court (suchas the requirement for lawyers representing the parties to be independent)or certain issues of material EU law (e.g. the first definition of the principleof energy solidarity within the EU).

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Коридор № 8 и актуалните аспекти на политиката на Скопие

Author(s): Stanislav Stanev / Language(s): Bulgarian Issue: 3/2024

During the election campaign, the current rulers in Skopje declared a number of priorities of their policy. A significant part of them are related to the eastern neighbor of the state. As part of the fulfillment of the priorities, the declared desire of the rulers of the Republic of North Macedonia to leave the connection with the Republic of Bulgaria in the background.

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Обичайните норми на международното право и възможността за тяхното оспорване

Author(s): Aleksander Dragiev / Language(s): Bulgarian Issue: 2/2024

The customary norms of international law, if universal ones, i. e. if they are effective with regard to the states throughout the world regardless of their geographical location, are automatically applicable to all states, whether or not they have participated in the creation of the norms, and regardless of their attitude to these norms – each state is bound by the universal customary norms even if it does not recognize them. And yet, states are independent participants in international relations, and, under certain conditions, this provides them with grounds for being exempt from a customary norm, i. e. for preventing its legal effect on themselves in case they do not agree with it. For this reason, it is necessary for the state to challenge the norm, however, the said challenge is subject to two conditions. The first one is that the practice of the norm should be challenged even before the norm comes into being, i. e. as early as the norm is in the process of its formation, because at that time it is still in the form of practice only. The second condition is that the challenge to the practice must be persistent, consistent and persevering – the state should raise an objection each time the practice it disagrees with is carried out.

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Obstacles for Japanese Investors in International Arbitration (kokusai chūsai) to Resolve Commercial Disputes

Author(s): Hiroshi Kaneko,Shota Inoue / Language(s): English Issue: 3/2024

Japanese investors’ presence in the international arbitration scene is minor compared to its eco-nomic scale. The Japanese arbitration law conforms with the UNCITRAL model law, and Japan isa member of the New York Convention. In contrast, the Japanese legal terminology correspondingto arbitration (chūsai), incorporated into modern Japanese in the 19th century, is confusing. Chineselaw restrains domestic entities, including those with foreign capital, from going to foreign arbitraltribunes, which may undermine Japanese investors in China to settle disputes in arbitration. Direct/cross-examinations, popularly seen in international arbitrations, are not substantial in Japanese courtproceedings. As the TPF (Third Party Funding) is not implemented in arbitrations in Japan, Japaneseinvestors may suffer from idea gaps in arbitration tactics. The importance of CISG/UNIDROIT in in-ternational arbitration is increasing. Since the Japanese court does not actively refer to them, Japanese investors may access them less frequently than their peers abroad, which is a potential risk in formingarbitration strategies. The scarcity of arbitrators possessing Japanese legal education is a matter. TheJapanese legal mentality opts for choosing dialogues rather than confronting the other party in courtor arbitral tribunes. Since the Japanese arbitration law fulfills the latest UNCITRAL requirementsand the government has been keen on ratifying the newest arbitration treaties, including the 2019Singapore Convention on Mediation (ratified by Japan on 1 October 2023), Japanese investors wouldbe more recurring users in international arbitration in the future.

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СУБНАЦИОНАЛЬНЫЕ ПОЛНОМОЧИЯ ПО ЗАКЛЮЧЕНИЮ ДОГОВОРОВ И УЧАСТИЮ В МЕЖДУНАРОДНЫХ ОРГАНИЗАЦИЯХ

Author(s): Anatoly Kostromitsky / Language(s): Russian Issue: 01/2024

This article analyzes the issues of recognition and status of subnational entities in international law, as well as their participation in international organizations. The impact of international integration of states on the competence and autonomy of subnational entities is considered. Examples of direct and indirect participation of regions in international processes are given.

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Comparative Legal Assessment of the Mass Risk Insurance in the Czech and European Private International Law

Author(s): Petr Dobiáš / Language(s): English Issue: 1/2024

The conflict of law rules applicable to the insurance of mass risks have crucial importance for the insurance contracts with international element from the legal and economical point of view, because the legal regime has overwhelming effect on the successful contract implementation. The differentiation between large and mass risks was developed historically in the European private international law by the legal regulation contained in the life- and non-life insurance directives, which contained conflict of laws rules designed for insurance contracts, which had to be implemented to the legal orders in the EU Member States. The relevance of the distinction between large and mass risks for the determination of applicable law is given also after entry into force of the Rome I Regulation, which had to codify in its art. 7 conflicts of laws rules of the insurance contracts for the purpose of elimination of the shortcomings, which were typical for the previous legal regulation, which was implemented from the EU life- and non-life directives also to the Czech legal order.

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THE ROLE OF INTERNATIONAL AND NONGOVERNMENTAL ORGANIZATIONS IN MIGRATION GOVERNANCE”

Author(s): Mirza Čaušević / Language(s): Bosnian Issue: 10/2024

09. - 11. jula 2024. godine, Ščećin/Travnik, Poljska/Bosna i Hercegovina U Ščećinu/Travniku je od 09. do 11. jula 2024. godine, online putem, održana međunarodna ljetna škola “The role of international and nongovernmental organizations in migration governance” u koordinaciji Univerziteta u Ščećinu (Fakultet prava i administracije) i Sveučilišta “VITEZ” (Pravni fakultet). Program škole, koja se odvijala na engleskom jeziku, uključivao je akademske radnike (profesore), istraživače, stručnjake iz prakse, zaposlenike nevladinih organizacija i studente iz Republike Poljske, Bosne i Hercegovine, Sjedinjenih Američkih Država, Savezne Republike Njemačke i Sjeverne Makedonije. Kroz sva tri dana trajanja ljetne škole, segment vođenja, kroz usmenu koordinaciju sa predavačima preuzeli su organizatori prof. Anna Kosinska i mgr. Dariusz Zagrodzki sa Univerziteta u Ščečinu.

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Responsabilitatea și răspunderea în cazul daunelor cauzate de obiectele spațiale

Author(s): Botezatu Ulpia-Elena / Language(s): Romanian Issue: 4/2024

Abstract: The rapid expansion of space activities and the increasing number of man-made objects placed in orbit have emphasized the need for a robust international legal framework capable of managing the legal and economic implications of damage caused by space objects. This paper analyzes the fundamental principles established by the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies and the 1972 Convention on Liability for Damage Caused by Space Objects, focusing on their applicability and limitations in managing contemporary challenges such as collisions between space objects, space debris management and commercial space activities. The study also explores Romania's part in implementing these international norms and adapting national legislation to respond to the new realities of the space sector. Recommendations include improving the traceability of space debris, introducing shared responsibility mechanisms for international collaborations and strengthening national oversight of private activities to ensure compliance with international standards.

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SAFE, BUT UNDER THE UMBRELLA OF UNCERTAINTY. TEMPORARY PROTECTION STATUS FOR DISPLACED UKRAINIANS AFTER 4 MARCH 2025

Author(s): Mihaela OPRESCU / Language(s): English Issue: supplement/2024

The outbreak of the military aggression committed by the Russian Federation against Ukraine on 24 February 2022 and the attempt by millions of people to flee the war and seek protection on the territory of the Member States forced the European Union to activate for the first time (4 March 2022) Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof. The temporary protection regime granted to Ukrainians fleeing the invasion has been extended successively (2023 and 2024) for the maximum duration of 3 years allowed by the Directive, which gives people in need a secure current framework but also reveals future uncertainties. 4 May 2025 marks the end of the period of application of the temporary protection regime. This study aims to identify the advantages of the temporary protection system, how it has been transposed into Member States' legislation, in particular in Romania, and potential solutions to the prospect of Ukrainian citizens attempting to regularise their stay in the EU after 4 May 2025, obviously if the conflict in Ukraine does not end by then.

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PROTECTION OF THE ENVIRONMENT – INTERNATIONAL HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW PERSPECTIVES

Author(s): Agnieszka Szpak,Monika Bar,Eric Kemp / Language(s): English Issue: 19/2024

This review essay outlines, examines and compares two approaches to the environment – theinternational human rights law approach and the international humanitarian law approach.International community is in the middle of a climate emergency, facing societal collapse andthe possible extinction of our species in the future. Hence, we might or we should use anylegal weapon we can – including international human rights law and international humani-tarian law – to confer as much protection on the environment as we can. The main researchquestions are: Which of these approaches better protects the environment? Which is closer tothe idea that the environment should not only be protected but should have its rights? Wherethe environment is protected for its value for humans and where for its inherent value? Theresearch methods used in the paper are content analysis of the relevant literature and legalanalysis of human rights law and international humanitarian law treaties. The authors conclude that human rights law approach is more progressive and would of-fer better protection to the environment, even though it is still anthropocentric. Consequent-ly, a human right to a clean, healthy and sustainable environment has to be anthropocentric.As to international humanitarian law, international policy has a long way to go before thewelfare of the whole ecosystem is adequately recognised and protected in armed conflicts.While international humanitarian law is also anthropocentric and generally neglects to safe-guard nature, some principles can be inferred to offer nominal protection in times of conflictat all levels: custom, general principles and treaties.

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