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Nadležnost Međunarodnog krivičnog suda za zločin genocida kao faktor generalne prevencije

Author(s): Zarije Seizović,Goran Šimić / Language(s): Bosnian Issue: 01+02/2013

This paper is about the role of International Criminal Court (ICC) in prevention of crime of genocide. After the introductory remarks, the article explores historical background to establishment of this international criminal justice mechanism, its jurisdiction as set forth in its Statute, reflecting upon jurisdiction over genocide, complicity in genocide, incitement and conspiracy to commit genocide. The paper deals with war crime trials being conducted before the International Criminal Tribunal for Former Yugoslavia (ICTY), which had become important factor of general prevention to genocide in the World. The article also briefly touches upon the trials for genocide being conducted before the Court of Bosnia and Herzegovina. Eventually, in the light of its judgement of 26 February 2007, the paper deals with the role of International Court of Justice in the case Bosnia and Herzegovina v. Serbia and Montenegro for genocide.

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Metoda analizy funkcjonalnej — równoprawna metoda kolizyjna?

Author(s): Joanna Boroń,Mateusz Dąbroś,Zuzanna Dziadek / Language(s): Polish Issue: 15/2014

The paper presents main assumptions of functional analysis method, which is popular conflict of laws method in United States of America. In this country, functional analysis method is regarded as equal conflict of laws method. Functional analysis is a method, which deals with particular, not typical, actual state. The courts have to compare different policies, which lies beyond competing provisions of law, and make a decision, which policies deserve to be protected. The task of courts is to find better solution — “the better rule”. Authors present the history of views and opinions, which are the foundations of functional analysis method, including Brainerd Currie and L. I. de Winter works. Afterwards, there are shown some cases of applying of functional analysis method by the United States of America courts. Subsequently, authors present criticism of functional analysis method. According to authors’ view, the concept of functional analysis method, to some extent, can be used while applying overriding mandatory provisions. Continental international private law doctrine, however, does not regard functional analysis method as equal conflict‑of‑laws method.

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Presuda Međunarodnoga suda pravde u Haagu 3. veljače 2015. i povijesne činjenice

Author(s): Ante Nazor / Language(s): Croatian Issue: 3/2015

The paper, based on the content of the verdict by the International Court of Justice in the Hague on mutual claims of the Republic of Croatia and the Republic of Serbia for genocide, as well as the notes from the author as a hearing participant before that Court, discusses the points of the verdict, the course of the trial and the data presented in this procedure, as well as the significance of this verdict for the understanding of the events in Croatia during the first half of the 1990-ies.

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Religija u primarnom pravu u Evropskoj uniji (II)

Author(s): Muhamed Baščelić / Language(s): Bosnian Issue: 61/2015

The primary law of the EU in the process of creation integrates all the positive elements of humanistic and religious aspects of the society forming the procedure based upon Association Agreements and the system of values defined therein. Internally, within moral-legal norms and religious identity in EU the Treaty of Lisbon officially define both, horizontal and vertical values and conflicts arising thereof in issues of religion and religious freedom. These conflicts of values in essence imply a large degree of integration based on common values evolving from toponimos of Jerusalem, Athens and Rome. The Treaty of Lisbon solved many issues of Primary law upon which EU bases its existence as a “supranational organization” , but the issue of its spiritual and religious identity is not yet fully defined in formal legislation of EU. To name a single spiritualsubject as a bearer of spiritual identity of EU would be inconsistent with presently proclaimed primary legal principles, humanistic commitment and diversity of social environments and religious identities. However if this legislative definition of historical and spiritual identity would incorporate all the spiritual aspects of European society individually, then the Primary law of EU would gain entirely new value.

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ROMANIA’S CONTRIBUTION TO THE ECONOMIC EVOLUTION OF UKRAINE AND MOLDOVA IN THE CONTEXT OF THE EUROPEAN NEIGHBORHOOD POLICY

Author(s): Alina Ioana Pristaș / Language(s): English Issue: 14/2015

The study aims to present the economic relations between Romania and Ukraine in the period of 2006-2013, in the light of the European Neighbourhood Policy

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DE LA DOCTRINE DE L’ASSOCIATION AU PARTENARIAT ORIENTAL: UNE PERSPECTIVE HISTORIQUE SUR LES POLITIQUES COMMUNAUTAIRES DANS LE VOISINAGE ORIENTAL

Author(s): Ludwig Roger / Language(s): French Issue: 14/2015

La crise actuelle en Ukraine révèle le malaise entre Fédération de Russie et Union européenne. Si les évènements immédiats sont connus, nous démontrons dans notre papier, que Moscou et Bruxelles entretiennent dans cette région des relations très complexes et anciennes qui expliquent la réaction et le jeu des deux protagonistes dans l’espace s’étendant à l’Est des frontières de l’Union européenne.

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Around the Bloc: Ukraine Passes Public Accountability Law

Author(s): TOL TOL / Language(s): English Issue: 03/22/2016

Officials’ asset declarations will soon be open to scrutiny as Kyiv fulfills a promise to Brussels.

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Around the Bloc: Former Putin Aide Suffered ‘Blunt Force’ Head Injuries

Author(s): TOL TOL / Language(s): English Issue: 03/22/2016

Medical examiners conclude injuries led to the aide’s death, but exact circumstances still unclear.

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Classification of the Conflict between Ukraine and Russia in International Law (Ius ad Bellum and Ius in Bello)

Author(s): Patrycja Grzebyk / Language(s): English Issue: 34/2014

The aim of this article is to classify the armed conflict between Ukraine and Russia in light of international law. Firstly, the Russian armed activities are qualified through the lens of use of force and it is shown that Russia committed an aggression. Secondly, the Russian-Ukrainian conflict is qualified according to the law of armed conflict, not only identifying the applicable norms of law of armed conflict but examining whether atrocities have been committed and whether they are war crimes or mere crimes or acts of terror. The article posits that there is an international armed conflict between Russia and Ukraine and in addition a non-international one between Ukrainian insurgents and governmental forces. The methodology used in the article is legal analysis of documents and international law doctrine.

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The Legality and Certain Legal Consequences of the 'Accession' of Crimea to the Russian Federation

Author(s): Natalia Cwicinskaja / Language(s): English Issue: 34/2014

On 11 March 2014 Crimea declared independence. Ukraine and international society has not recognised that act. However Crimea’s independence was recognised by Russia and on 18 March 2014 an agreement on the accession of the Republic of Crimea to the Russian Federation was signed. Many countries and international organisations have condemned that step, viewing it as illegal annexation. Regardless of how this situation is treated however, it is at present a fait accompli. Such a situation evokes legal consequences both in the internal law of Ukraine and Russia as well as on the plane of international law. The residents of Crimea appear to be in the worst situation. Legal certainty is a fiction for them now. There are also problems on the international plane. Despite the fact that in the opinion of international society Crimea remains an integral part of Ukraine, in practice there are many conflicting problems of a legal nature that cannot be solved, at least for the time being.This article analyses the legality and certain legal consequences of the “accession” of Crimea to Russia and the effect of this accession on the legal situation for residents of Crimea. The article concludes that legal situation of Crimeans will not improve anytime soon, and that the legal problems which have arisen on the international plane will not be resolved soon either.

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Memory Laws or Memory Loss? Europe in Search of Its Historical Identity through the National and International Law

Author(s): Aleksandra Gliszczyńska-Grabias / Language(s): English Issue: 34/2014

This article provides an overview of “memory laws” in Europe, reflecting upon what may be called the “asymmetry” of such laws. It then looks at the special case of Poland and its troubled experience with memory laws; it considers the question of whether, in the eyes of the law -- genocide, and in particular the Holocaust -- is so “special” that its public denials warrant legal intervention. It also looks at the case law of the European Court of Human Rights and its (not necessarily coherent) “doctrine” on memory laws and their consistency, or otherwise, with the European Convention for the Protection of Human Rights and Fundamental Freedoms (and in particular with freedom of expression as laid down in Art. 10). The article concludes by asserting that even if we take the law as an indicator of European public memory, there is no consensus on the past, except perhaps for the special case of the Holocaust. The main challenge lies in determining whether memory laws, defined by some as social engineering and the imposition of “imperative” versions of memory, are consistent with the principles inherent in open, democratic and free societies in Europe. This challenge remains unmet.

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Book Review: Ryan Goodman, Derek Jinks, Socializing States: Promoting Human Rights through International Law, Oxford University Press, New York: 2013

Author(s): Michał Balcerzak / Language(s): English Issue: 34/2014

Book review of Ryan Goodman, Derek Jinks, Socializing States: Promoting Human Rights through International Law, Oxford University Press, New York: 2013.

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Around the Bloc: French Journalist Jailed Over Srebrenica Massacre Revelations

Author(s): TOL TOL / Language(s): English Issue: 03/29/2016

Former International Criminal Tribunal for the former Yugoslavia (ICTY) spokeswoman arrested over the non-payment of a fine she received for revealing that the tribunal had withheld key information on the Srebrenica massacre.

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Around the Bloc: Serbian Firebrand Seselj Cleared on All Counts at The Hague

Author(s): TOL TOL / Language(s): English Issue: 04/05/2016

In a rare loss for the UN tribunal’s prosecutors, a major figure in Serbia’s wars with Croatia and Bosnia is acquitted of serious war crimes.

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Загальні принципи права на свободу думки, совісті та релігії відповідно до рішення «С.А.С. проти Франції» Європейського суду з прав людини

Author(s): Vitaly Sorokun / Language(s): Ukrainian Issue: 132/2016

International standards of the right for the freedom of thought, conscience and religion as well as the corresponding case law of the European Court of Human Rights have not been sufficiently studied in the Ukrainian science of international public law. Contemporary researchers should have a clear understanding of what exactly comprises the catalog of international standards of this right, and how such standards are interpreted by the European Court. The Court in its 2014 decision S. A. S. v. France drew such a catalogue in a unique way. It is therefore important to analyze it for understanding and implementing this right. The understanding of standards of the right for the freedom of conscience and religion is not static. It is constantly developed by the case law of the European Court of Human Rights. The Court’s decision S. A. S. v. France is one of the most recent and, perhaps, most controversial decisions on Article 9 of the European Convention on Human Rights, in which the Court drew a catalogue of such standards and gave its interpretation. The analysis of the most recent case law of the Court determines the actuality of this study. The purpose of the article is to make an analysis of the main standards of the right for the freedom of thought, conscience and religion in their interpretation by the European Court in its 2014 decision S. A. S. v. France. The article analyzes nine key standards of the right for the freedom of thought, conscience and religion as outlined in S. A. S. v. France decision. These are the principles that the Court examines each time while considering applications for violations of Article 9. From a researcher’s point of view S. A. S. v. France decision is both interesting and helpful, because here the Court dedicated a special section to the key principles which it had drawn in its previous case law. The difficulty and a controversial character of the decision prompted the Court to make a compilation of its former case law in order to justify its position. This make the decision extremely helpful to the researcher because it became a certain general commentary created by the Court, and which will be referred to as to the main list of rules and principles used by the Court in many years to come.

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Поняття та критерії якості закону: проблеми визначення

Author(s): Liudmila Legin / Language(s): Ukrainian Issue: 132/2016

We study the basic scientific approaches to the definition of «quality of law». The attention is paid to the need of establishing quality criteria regulations and in particular the law. Analyzes the proposed quality criteria of law. Disclosed property law, characterizing its internal and external form. The legal technique is aimed at the formation of a perfect legal act and its content. This should ensure a high quality of both statute and bylaw, that is, its compliance with all meaningful criteria and formal legal requirements. Indeed, the concept of «quality of law» is characterized by a set of properties and relationships that should have any qualitatively perfect law and, accordingly, to be provided to it at the design stage. Therefore, the term "quality of law" is central to the legal technique. In deciding the ratio «quality of law - the effectiveness of law», may be denoted that, the quality of the law acts as a measure and performance criterion of the developed legislation.

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Поняття майна в контексті статті 1 Протоколу № 1 до Європейської конвенції про захист прав людини і основоположних свобод

Author(s): Bogdan Karnaukh / Language(s): Ukrainian Issue: 132/2016

Article 1 of the First Additional Protocol to the European Convention on Human Rights (hereinafter – Art. P1-1) states that every natural or legal person is entitled to the peaceful enjoyment of his possessions. Thus in order for this article to be applicable, the applicant has to show that the right, which he alleges to be violated by the respondent state, constitutes his possession. The concept of “possessions” within Art. P1-1 was analyzed by foreign scholars, such as S. Drooghenbroeck, U. Kriebaum, C. Schreurer, L. Sermet and others. The problem was also addressed by the Judge of Constitutional Court of Ukraine – S. Shevchuk. The main objective of the paper is to provide general criteria of what should be deemed as possession in the context of Art. P1-1. The case law of European Court of Human Rights allows to conclude that in order to be deemed as a possession, the subjective right in question should meet three following requirements: (1) it must have pecuniary value, which can be measured in money; (2) it must be civil in nature (as distinct from rights based on public law); (3) it must be certain enough to be enforced by the court (in contrast to the mere hope of some advantages). Conclusions of the research. As a conclusion it should be noted that in its pursuit to protect fundamental rights of a person European Court of Human Rights tends to equate legal notion of possessions with economic concept of welfare.

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Reflections on the Abolition of Exequatur in the Cross-border Cases Regarding the Return of the Child

Author(s): Gabriela Lupşan / Language(s): English Issue: 2/2015

Abstract: Free circulation of judgments within the EU of the authentic instruments and agreements in matrimonial matters and in matters of parental responsibility is provided for in Regulation (EC) no.2201/2003 of the Council of 27 November 2003 concerning jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) no. 1347/2000. For two categories of judgments, this Regulation provides for the suppression of exequatur. In this article we intend to continue analyzing the suppression of the exequatur under the situation of judgments in family law matters, relating to the return of the child in the cross-border cases, on judgments passed in another Member State.

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Exploring the Nexus between European Competition Law and Democratic Society: A Case of Political Microtargeting

Author(s): Viktorija Morozovaite,Anna Gerbrandy / Language(s): English Issue: 30/2024

The nexus between European competition law and democracy has been widely researched. Against the background of the ongoing digital transition and the power of big technology companies, this contribution aims to advance the debate by focusing on a specific example of political microtargeting and its effects on the (digital) public sphere. It explores the potential role of European competition law in ameliorating these emergent harms. The argument is developed by showing that the role of big technology companies in political microtargeting processes extends beyond passive facilitators. By following financial incentives and treating citizens as consumers, these companies, in effect, reduce incommensurable democratic values to fit economic metrics. Although European competition law has traditionally played a limited role in addressing political microtargeting challenges, there may be instances where the special responsibility of powerful private entities should extend to mitigating market-induced harms to democracy.

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ELEMENTY TEORII POLITYCZNEJ INSTRUMENTALIZACJI PRAWA MIĘDZYNARODOWEGO – NA PRZYKŁADZIE WIZYTY W. PUTINA W MONGOLII

Author(s): Brygida Kuźniak / Language(s): Polish Issue: 14/2024

The paper presents key elements of authorial theory of political instrumentali-zation of public international law, formulated on the basis of a common political-legalresearch. The nature, features and functions of instrumentalization of international lawhave been exemplified by the case of justifications and excuses made by the authorities ofMongolia for hosting Vladimir Putin visiting that country, and for not arresting him andthereby did not complying with the arrest warrant issued by the International CriminalCourt in Hague. Simultaneously the purpose of the considerations is setting the above men-tioned case in wider perspective by characterizing instrumentalization of internationallaw as a component of political-legal populism.

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