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Review of: Rita Augestad Knudsen: “The Fight Over Freedom in 20-th and 21-st Century International Discourse: Moments of ‘Self-Determination’”, Palgrave Macmillan, United Kingdom, forthcoming, 320 pages ISBN 978-3-030-46428-8
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The Schengen ‘wall’ that had kept the Western Balkans and the Republic of Macedonia casted out from the EU mainland was removed in 2009. Symbolically it coincided with St. Nicholas Day i.e. the celebration of the patron of children and travellers. The paper examines the effects of the visa liberalisation and the effects that may follow in case the newly adopted suspension mechanism is fully implemented. The basic assumption is that visa liberalization served as a ‘carrot’ to move forwards the EU integration process while the suspension mechanism is more of a disciplinary measure (the ‘stick’) but also an indication of a securitized migration policy. The paper underlines how visa liberalization has affected the governments’ treatment of the ‘bogus’ asylum seekers (mostly citizens of Roma and Albanian origin). The research question concerns the trade-off that national governments have made in order to preserve the visa liberalization and the impact in terms of human rights and discriminatory policies.
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In 2000, the UN Security Council passed Resolution 1325 on Women, Peace, and Security (WPS) which calls for the inclusion of women in all phases of peace processes, protection from Women’s human rights violations, and access to justice. The purpose of this article is to analyze and discuss the background reasons that led to the adoption of the first UN Resolution (1325) on WPS. The article also provides a brief overview of the recommended policy framework (National Action Plan) by the Secretary General of the Security Council for the implementation of Resolution 1325 and the key challenges and gaps in the implementation process. Additionally, the approach of regional organizations: the EU, NATO, and the OSCE will be explored in developing and establishing the tools and means for the implementation of WPS at the strategic, operational, and tactical levels.
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The existence of an armed conflict is an important fact in the international legal system. The derivation of some minimum defining characteristics inherent in any armed conflict, which distinguish it from situations of unarmed conflict or peacetime situations, has significant consequences for the operation of international law related to the application of the norms of international humanitarian law. Therefore, the existence of an armed conflict is a legal fact related to the application of IHL, which may have an impact on the operation of international legal norms regulating relations between states
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Over the past 25 years, few alternative sanctions have received as much attention as electronically monitored house arrest. In the view of relatively dynamic development of electronic surveillance technologies and related ethical and legal issues at stake, this interest continues to this day. In the Czech Republic, electronically monitored house arrest was introduced in 2010. Somewhat oddly, the electronic surveillance system had not been implemented at the time. Yet, legislators and sanctions policy makers placed high hopes in this form of punishment. In particular, it was expected to significantly help combat the relentless hypertrophy of the prison population. But the expectations of sanction policy makers were not met due to the reluctance of the courts to impose house arrest. This had remained unchanged over the years, and opinions had begun to emerge that the state's failure to introduce electronic monitoring was primarily to blame. In 2019, electronic monitoring was eventually implemented, but the number of sentences imposed still did not increase. If the legislature's sanctions policy is not translated into practice, its aims cannot be achieved. For this to happen, it is essential that house arrest becomes more prevalent in the structure of sentences imposed. Increased application rates will not happen spontaneously; certain steps need to be taken to address the reasons for the current state of affairs and to mitigate factors that negatively affect application practice. For this purpose, such causes and negative factors must first be identified. This paper therefore examines the importance of electronic monitoring in terms of the application practice of house arrest in the Czech Republic, and the main reasons for not imposing house arrest. Building on these findings, it offers suggestions that would contribute to more frequent imposition of house arrest in appropriate cases.
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The armed aggression of the Russian Federation against Ukraine has brought the issue of protecting cultural property to the forefront. Numerous documented cases of illegal exports of cultural property from Ukrainian museums located in territories occupied by the aggressor country have emerged. In addition, little is known about the number of stolen objects from private collections, which are considered cultural artifacts. There are no statistics available on this matter. This paper aims to explore the problem of applicable law during the consideration of disputes regarding the protection of cultural property. The author examines the concept of cultural property restitution in private international law and different approaches and concepts for defining "restitution" and "return" of cultural values. It has been argued that the term “return of cultural property” should encompass a wider scope, including both the restitution of illegally exported cultural property and the return of cultural property that was legally in the possession of another state but was later repatriated to the original state as a gesture of goodwill. The author offers his definitions of these terms based on theoretical research, as well as an analysis of the domestic legislation of Ukraine and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Property of June 24, 1995. The paper also delves into the issues of conflict regulation of disputes involving cultural values. Both the issues of determining the right of ownership to and the problems associated with the protection of the right of ownership of cultural property in private international law are considered. The point of view that the conflict of laws rule lex originis (the law of the country from whose territory the cultural property was exported) should be applied in disputes regarding the return of cultural property from someone else's illegal possession is supported. The author concludes, based on a comparative analysis of laws on private international law, about the most appropriate mechanism for protecting the property rights of a bona fide purchaser in disputes over cultural property.
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In the article, based on the analysis of the approaches of legal science to revealing the content of the concept of legal regime, its essence is substantiated as a set of legal norms that determine the order of regulation of a certain range of social relations. The types, main characteristics and differences of legal regimes of martial law, state of emergency, zone of an ecological emergency zone and zone of temporarily occupied territory are disclosed. Key words: legal regime, types of legal regimes, the legal regime of martial law, the legal regime of a state of emergency, the legal regime of an ecological emergency zone, the legal regime of a temporarily occupied territory
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The national supervisory authority for data protection is the Commission for Personal Data Protection, which, as of 2023, is also the central authority for external whistleblowing and for the protection of persons reporting violations of Bulgarian legislation or acts of the European Union that threaten or harm the public interest. Based on its competencies, it issues administrative acts that hold an important place in Bulgaria’s legal system. This study will examine and analyze the legal acts of the commission, which it issues as a specialized body carrying out supervisory activities to prevent the violation of individuals’ rights and ensure their adequate protection.
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The aim of the study is to analyze the role of community resilience in Polish border communities in response to crises and uncertainty caused by Russian invasion of Ukraine on 24th February in 2022. Therefore, the main tasks of the research are to firstly gather knowledge of the core dimensions of community resilience, namely agency and resources, to see if they have developed and enhanced community resilience to this crisis and uncertainty and secondly to study how individuals internalize risk and how this perception affects their response to crises and uncertainty. For this purpose, two cases of responses made by two Polish border communities, in Suwałki, known as Suwałki Gap, and in Biecz were analyzed. Interviews in three interview groups of volunteers, community members and the municipality were conducted with respondents who were privately or professionally involved in helping Ukrainian refugees arriving in Poland. Results of the qualitative analysis reveal that despite the atmosphere of growing uncertainty about how the developments of the Russia-Ukraine conflict may impact Poland, in response to refugee crisis caused by the Russian invasion of Ukraine, both Polish border communities did manage to activate their agency which was exercised mainly as a natural reaction to help leading to an instant decision to act in order to help. Critical resource in this response was information which was shared, updated and distributed among the groups of helpers. Also, a range of emotions experienced during this unprecedented crisis, did not prevent those communities from finding ways to secure other necessary resources which were not available or accessible until the crisis, in order to help people in need. The case of the responses to the refugee and humanitarian crisis caused by the Russian invasion of Ukraine on 24th February 2022 made by communities in Poland and other receiving EU countries, may serve as a vast territory for academic research on the role of community resilience and its core dimensions.
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Nowa sytuacja związana z agresją Rosji na Ukrainę spowodowała, że Rosja została wyklu-czona z Rady Europy (RE, Rada) i europejskiego regionalnego systemu ochrony praw czło-wieka w marcu 2022 r. Celem artykułu jest określenie skutków prawnych i politycznych wykluczenia Federacji Rosyjskiej z RE i europejskiego systemu ochrony praw człowieka. Cel naukowy został realizowany poprzez analizę aktów normatywnych (hard law, soft law) Rady, przeglądu literatury krajowej i zagranicznej oraz analizy danych statystycznych udostępnio-nych przez RE i Europejski Trybunał Praw Człowieka (Trybunał, ETPC). Zastosowano metodędesk research.W artykule podjęto kolejno próbę odpowiedzi na pytania badawcze: 1. Jakie są realne i potencjalne skutki wykluczenia Rosji z Rady dla tego państwa, a jakie dla innych państw członkowskich?, 2. Co przyniesie wykluczenie Rosji z RE i europejskiego systemu ochrony praw człowieka dla obywateli tego państwa i osób pozostających pod jego jurysdykcją?Członkostwo w RE wiąże się z obligatoryjnym uczestnictwem w europejskim systemie ochrony praw człowieka, zbudowanym na Europejskiej Konwencji Praw Człowieka (Konwen-cja, EKPC) i Trybunale. Główne skutki wykluczenia Rosji z Rady to: 1. wykluczenie z rodziny państw europejskich, 2. wypowiedzenie Konwencji i innych umów przyjętych w ramach organizacji, 3. brak możliwości występowania ze skargą indywidualną i międzypaństwowąprzeciwko Rosji.
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The article discusses the ongoing pursuit of justice for victims of communist crimes in former Czechoslovakia, focusing on the efforts of the Platform of European Memory and Conscience through its JUSTICE 2.0 project. This initiative aims to hold accountable those responsible for human rights violations during the communist era, particularly the killings along the Iron Curtain. The project has led to legal actions against former officials and raised public awareness about these historical injustices. Despite challenges, including the advanced age of many perpetrators and the reluctance of some authorities to pursue these cases, the project has achieved significant milestones. These include the identification of perpetrators, the collection of evidence, and the initiation of legal proceedings in multiple countries. The article highlights the symbolic case of Hartmut Tautz, a young East German killed while attempting to cross the border, whose story exemplifies the broader struggle for justice. The efforts have also involved public presentations, educational initiatives, and international cooperation to ensure that these crimes are not forgotten and that justice is served. The article underscores the importance of remembering and addressing past atrocities to prevent their recurrence and to promote a culture of accountability and human rights.
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The article features an interview with Dalimil Sypták, the newly appointed director of the Office for the Documentation and Investigation of Crimes of Communism (ÚDV), who assumed the role on August 1, 2024. Sypták, a lawyer with extensive experience in criminal investigations, emphasizes the need to reevaluate ÚDV's focus to address the challenges of documenting and investigating crimes committed during the communist regime. His priorities include targeting severe historical cases, such as politically motivated murders and deaths at the Czechoslovak state borders, improving transparency in ÚDV’s communication, and enhancing public trust. Despite the unique difficulties associated with decades-old cases, including the lack of digital records and witnesses, Sypták advocates for methodical and systematic approaches to bring justice to the victims of the totalitarian regime. A strong proponent of interdisciplinary investigation, he highlights the importance of collaboration between legal, historical, and forensic experts. Sypták's vision includes publishing findings in comprehensive formats to promote public understanding while ensuring that unresolved cases are thoroughly addressed. His leadership style is marked by a commitment to professional excellence and accountability.
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Punishing perpetrators for facilitating illegal border crossings or illegal stays is one of the priorities of the European Union’s migration policy. The author decided to take a look at the practice of such criminal proceedings before Podlasie courts (a region bordering Belarus). In this case, does it truly involve organising an illegal procedure – especially when it comes to family members or co-workers? The purpose of this article, therefore, is to examine the criminal case files of those convicted of organising illegal border crossings – individuals whose behaviour consisted solely of picking up migrants who were already in Poland. Law enforcement authorities charged such people, mainly foreigners, with aiding and abetting the organisation of illegal border crossing. The author addresses the question of whether such behaviour fulfils the elements of the crime specified in Article 264 (3) of the Criminal Code, and what scope of freedom the actors have when deciding on the charges and convictions.
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The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.
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Objectives: The present article focuses on the document analysis of freedom of religion, human rights and development using the Official Document System (ODS) provided by the United Nations (UN) (data retrieved July-August 2 023) for the period 2 July 1985-5 March2019. Methodology: The research methodology approaches the document analysis of the UN’s main legal framework pointing to the interrelated dynamics between human rights and freedom of religion by carrying out multi-level research of five documents released by the UN in the period July 1985-March 2019, namely: (i) United Nations, General Assembly, Note by the Secretary-General, Elimination of All Forms of Religious Intolerance, A/40/361 (2 July 1985); (ii) United Nations, General Assembly resolution 14/11, Freedom of religion or belief: mandate of the Special Rapporteur on freedom of religion or belief, A/HRC/RES/14/11 (23 June 2010); (iii) United Nations, General Assembly, Resolution 70/158, A/RES/70/158 (3 March 2016); (iv). United Nations, General Assembly, Resolution 71/196, A/RES/71/196 (24 January 2017); (v). United Nations, General Assembly, Report of the Special Rapporteur on freedom of religion or belief, A/HRC/40/58 (5 March 2019). Results and discussion: The research engages a social and historical analysis with a global focus on the subjects of religious freedom, human rights and development addressing (i) the relationship between state-society-religion and (ii) the legal and societal conditions and the legal and institutional mechanisms and policies by using the UN jurisprudence released in the last three decades. Conclusions: In conclusion, the research documents religious liberty particularly tracing the guiding principles and the in-depth analysis of other central elements: “freedom of religion”, “belief”, “tolerance”, “societies”, “communities”, “equal opportunity”, “participation”, “development” and “liberty”.
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The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.
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The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.
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While the moral and legal responsibility of an individual for his/her actions has been the subject of numerous scholarly considerations, there is considerable room for further research on the responsibility for the acts of others, especially in the context of the development of artificial intelligence. This article deals with a specific form of responsibility for others - responsibility for the actions of humans and nonhumans in the context of armed conflict. The article explores the concept of individual command responsibility through its application to the actions of subordinates, namely humans and autonomous weapon systems. When does command responsibility exist? What tests are used to determine it? Can and how the institute “knew or had reason to know” from international humanitarian law be applied to the actions of autonomous weapon systems? How far does the autonomy of such systems extend and what are its consequences for determining responsibility? These are the central questions of this research.
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The paper aims to explore the interception between authors rights (copyrights) and cultural processes, focused in Architecture and especially in Modern Architecture. It is presented in the prism of the concept on the balance of interests in relation to Architecture/ Architectural Works: authors (individual) interests – owners (individual) interests – public interests. The collision between the interests of the author’s and owner’s interests over a certain Architectural Works is often related to its cultural (heritage) representation and the public interests embodied in the Architecture and Architectural Works. The paper presents further research the hypothesis that the individual moral rights of the authors are usually overlap with the public interests related to the cultural values and cultural heritage. Thus, the author’s rights (and especially their moral rights on reputation) may represent an important instrument regarding the protection and regulation of Architectural Cultural Heritage (and in particular of Modern Architecture).
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This paper is based on an analysis of the protection of the best interests of children whose parents are serving prison sentences in the Republic of Serbia. The research aims to identify mechanisms and legal frameworks directed towards their protection, particularly through the application of the principle of the best interests of the child. Through an analysis of relevant laws and legal standards concerning the rights of the child and individuals serving prison sentences, the paper identifies challenges that these children face during their upbringing. The research results indicate insufficiently clear definition of the principle of the best interests of the child, especially regarding the preservation of regular direct contacts between children and parents serving prison sentences. The importance of improving collaboration between professionals in the field of social welfare and the criminal justice system is emphasized, along with their continuous education to ensure adequate support and protection for this vulnerable group. In this regard, there is an indicated need for improvement of laws and policies related to children with parents in prison to ensure effective legal protection and support in the implementation of the principle of the best interests.
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