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Interview with Cornelius Holtorf

Interview with Cornelius Holtorf

Author(s): Douglass W. Bailey / Language(s): English / Issue: 10/2013

Keywords: INTERVIEW, CAMBRIDGE UNIVERSITY, CONTEMPORARY ARCHAEOLOGY

Cornelius Holtorf is Professor of Archaeology, Linnaeus University, Kalmar, Sweden. He received an MA in Pre- and Protohistory from the Universität Hamburg, and an MA in Theoretical Archaeology at the University of Wales, Lampeter. In 1998, he received his PhD from Lampeter based on his dissertation Monumental Past. Interpreting the Meanings of Ancient Monuments in Later Prehistoric Mecklenburg-Vorpommern, Germany. Professor Holtorf has taught at the University of Lund, was Marie Curie Fellow of the European Commission, and has been a lecturer in the Department of Archaeology at Cambridge University. Currently he is Associate Editor of the Journal of Contemporary Archaeology and Heritage and Society, cornelius.holtorf@lnu.se

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Aequitas And Bona Fides In The Legal Practice Of Ancient Rome And The Prohibition Of The Abuse Of Rights

Aequitas i Bona fides u pravnoj praksi antičkog Rima i zabrana zloupotrebe prava

Author(s): Mila Jovanović / Language(s): English / Issue: 7/2003

Keywords: Serbian Civil Law Code (project); ancient Rome; the classical age and the age of Justinian; legal practice; aequitas and bona fides; the prohibition of the abuse of rights.

The topic of this paper is a short overview of the principles aequitas and bona fides in the legal practice of ancient Rome and the analysis of a few examples of the prevention of the abuse of rights, based on these principles. The aim of the paper is to suggest the legislator that, in addition to a specific emphasis given to the prohibition of the abuse of rights, the future Serbian Civil Law Code (a project currently in progress) should stress the principles of justness, conscientiousness, and honesty, and that judges should be allowed more freedom in the application of these principles, in order for abuse of rights to be more successfully prevented in particular cases, much more numerous than legally expressible. This proposal implies the competence of judges, who should be up to this task both professionally and ethically in the very complex Serbian circumstances. In the end of the paper, dilemmas and opinions of some authors regarding ways to prevent present-day abuse of rights are given. An answer to the question from the beginning is also offered, i.e. it is concluded that judges should be given more freedom in the application of the principles aequitas and bona fides, in order for abuse of law to be prevented as successfully as possible (this especially applies to those new instances which cannot be foreseen in the legal acts). Along with this, a position is presented that perhaps, like old Romans, we should stress today that judicial application of law implies the respect of justice, and that in justice there is indeed something divine; this would , with a strong responsibility of the judge, imply a necessity to bring justice and law as close to each other as possible.

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Language Rights In Serbian Civil Procedure

Jezička prava u srpskoj civilnoj proceduri

Author(s): Dejan Janićijević / Language(s): English / Issue: 7/2003

Keywords: Language rights; right to legal protection; official language; national minority; citizens; language of proceedings; court writings; filings; translation; interpretation; costs of translation and interpretation

This Paper represents a critical analysis of the legislation pertaining to the use of native tongues of different ethnic groups in Serbian civil procedure. The differences between native tongues of the citizens of multinational countries, such as Serbia, can result in a wide range of problems referring to judicial protection of citizen's rights and interests in civil matters. For that reason, Serbian legislation provides for a variety of measures aimed at preventing inequality with respect to the realization of this public subjective right guaranteed by the Constitution. However, statutory provisions related to this issue have certain drawbacks, and one of the most apparent shortcomings inherent to these measures is that their scope is limited only to communities granted with the formal status of "National Minority". The purpose of this paper is to identify some of the legislative drawbacks, as well as to suggest possible ways to overcome them. Even though the suggested solutions to the identified problems differ, their underlying principle is the principle of equality of all the citizens, disregarding their nationality and irrespective of whether their native tongue is the official language of the court or not

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Globalization Drama

Drama globalizacije

Author(s): Miroslav Pečujlić / Language(s): English / Issue: 7/2003

Keywords: the light and dark side of globalization; new global empire; European Union

The chief argument of this article is to be found in the extremely dramatic complications of globalization. The miraculous technological, economic and cultural hights that man has attained provide an unimagined power for creating a more humane, peace-loving and democratic "World Society". However, at the same time their dark side becomes overpowering, turning the global arena into a World Society of risk. The democratic image of globalization or the Orwellian repressive world regime and an unbridled upsurge of risk are at stake. The new era brings about a new, epochal perspective: integration into a single and united European Union, the process of which will, however, have different rhythms for different European states.

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The Essence Of Regions

Suština regiona

Author(s): Milan Petrović / Language(s): English / Issue: 7/2003

Keywords: deconcentration of administration; decentralization; territorial autonomy; state fragment; octroying of privileges.

In the opinion polls and proposals related to the amendment of the Constitution of the Republic of Serbia, which have been conducted and presented from different sides in the public life of this republic, the need for Serbia's regionalization has often been underlined. The questions like "Is this need really existent?", and if this question is answered confirmatively, what this regionalization should be like, can only be answered correctly if one really gets to know what region or regions are in essence. A great confusion is present in regard to this issue, not only in the general public, but also among the experts. The reason is, after all, that regions arise as extremely volatile institutional forms, as "flowers of thousands of colours". Therefore, in an attempt to clear up the said confusion, a clear-cut scientific understanding is necessary, based on an adequate systematization and classification of all the phenomenal forms of region. In an ideal situation, this should be the intention behind this text. However, due to the vastness of the material, this intention cannot be completely realized here. Hence, this text will be confined, aside from the juridical-theoretic, logical considerations, to the analysis of the most current and perhaps the most authoritative forms of region. As long as the older forms are concerned, a depiction of sorts can be found in our study titled "Regions (Forms of Territorial Autonomy) in the Theory of Law and History of Law", which appeared in the issue 112-113/2002 of the journal Letopis Matice srpske, as well as in English, in the journal Facta Universitatis, Series Law and Politics, vol. 1 for the year 2002. First of all, it should be kept in mind that regionalization is founded upon larger or smaller political ramifications and contrasts; region is a political setting of boundaries in relation to the surrounding area.

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Affirmative Action In The United States And The European Union: Comparison And Analysis

"Afirmativna akcija" u Sjedinjenim Američkim Državama I Evropskoj uniji: poređenje i analiza

Author(s): Ivana Krstić / Language(s): English / Issue: 7/2003

Keywords: affirmative action; positive discrimination; beneficiary; implementation; equality; race; woman; liberal state; social state; US Supreme Court; European Court of Justice.

The existence of affirmative action (better known as "positive discrimination") demonstrates that there are areas where law as a neutral tool shows its limits as a means of resolution of social disputes. This paper undertakes a comparative exploration of affirmative action discourse in US and EU law. Affirmative action first appeared in the US in the 1960s and 1970s, and initially it was used only in the context of racial discrimination. More recently, however, affirmative action came to be extensively utilized in the EU, and it is primarily used to ensure women equality in the workforce. Both systems recognize that affirmative action constitutes a departure from the fundamental principle of formal equality, and because of that departure, requires further justification. However, in the EU, Article 2(4) of the Equal treatment Directive explicitly allows deviation from formal equality that makes the justification of positive action easier than in the US. The usual test applied by the European Court of Justice (ECJ) in reviewing a measure justified under derogation is that of proportionality, which has three parts: suitability, necessity, and proportionality. In the US, there is the raging debate in the US Supreme Court over which is the correct standard of review with regard to race-based governmental actions. The ECJ sees positive action as a measure to diminish discrimination in the whole of society showing that women are not still an equal footing with the men in employment, and no evidence of past discrimination is required. On the contrary, the US Supreme Court's held in Croson that evidence of societal discrimination against minorities, by itself, would not suffice to justify a preferential treatment. Finally, the affirmative action plan in the EU is seen as a remedy for discrimination that women suffer due to persistent stereotypes. From another side, the US Supreme Court recognized in Bakke that "preferential programs may only reinforce common stereotypes holding that certain groups are unable to achieve success without special protection based on a factor having no relationship to individual worth. "Today, it is evident that affirmative action in both systems sends both inspiring and disturbing messages. It is very important for us to study it's implementation in these two developed systems, especially after the adoption of the Charter on human and minority rights and civil liberties, which explicitly allows this measure in article 3, to enable every inidividual to equally enjoys its rights.

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Book Review

Prikazi

Author(s): Rajko Kuzmanović,Dejan Vučetić / Language(s): English / Issue: 7/2003

Keywords: A Book of Manifold Value / Mile Ilić: Grad u lokalnoj samoupravi (City in Local Self-Government); Miroslav Pečujlić: Globalizacija – dva sveta (Globalization – Two Worlds)

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The Effect of Economic and Social Resources in Some Countries in Transition for 2000: A Static Econometric Model

The Effect of Economic and Social Resources in Some Countries in Transition for 2000: A Static Econometric Model

Author(s): Aleksandar Dimitrov / Language(s): English / Issue: 7/2004

This paper presents the utilization of some 31 indicators of the economic and social development of some 45 countries, taken from the World Bank yearly publication World Development Indicators: WDI' 2002, to create the static econometric model EM' 2000, featuring 10 equations, 10 endogenous as well as 21 exogenous variables. An assessment of the endogenous variables of 14 Central and East European countries, including Bulgaria, is made, based on the reduced form of the model (made using the SoritecWin32 software application). Some conclusions are offered as to the effect of using the selected indicators, characterizing the countries' economic and social resources, including a comparative assessment of differences in the state of those countries.

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External Migration from Bulgaria at the Beginning of the XXI Century: Estimates of Potential Emigrants’ Attitudes and Profile

External Migration from Bulgaria at the Beginning of the XXI Century: Estimates of Potential Emigrants’ Attitudes and Profile

Author(s): Yordan Kalchev,Valentin Goev,Vesselin Mintchev,Venelin Boshnakov / Language(s): English / Issue: 7/2004

The emigration potential is estimated, as well as the profile of settlers and the temporary long-term and short-term Bulgarian emigrants. The difference between the actual emigration and the generally declared intention to travel abroad is discussed. The data from two surveys carried out using the same questionnaire in 2001 and 2003 is used. When identifying the profile of emigrants there have been established two types of variables: demographics; employment, education and previous stay abroad. There are used standard cross-tabulations and binary logit-models. Three individual logit-models for each type of emigrant are estimated. It is emphasized that: the immediate emigration potential from Bulgaria (within the current year) does not differ dramatically from that of the countries of Central Europe; age and previous stay abroad are among the most important determinants of emigration attitudes of Bulgarian citizens; employment, education and incomes do not have the expected influence. It is argumented that migratory policies, based on restrictions and bilateral agreements (in their European version), could hardly be effective under the conditions of the newly created migration networks and the business which has found a niche in the provision of emigration services.

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The “Bulgarian Paradox" – Economic Growth Which Gives Rise to No Optimism

The “Bulgarian Paradox" – Economic Growth Which Gives Rise to No Optimism

Author(s): Stoyadin Savov / Language(s): English / Issue: 7/2004

This paper challenges the formulation of the paradox "there is growth, but it gives rise to no optimism". The thesis that economic growth stirs up no optimism, because it does not lead to raising the level and quality of life of low-income groups of the population is defended. Its macroeconomic indicators are interpreted not only from the standpoint of the average Bulgarian, but also in terms of the income distribution in decile groups. In an attempt to answer that question, there have been formulated 6 hypotheses, the fifth of which is "the dynamics of social inequality and the loss of social status during the years of transition". It is the most reliable, but is poorly justified and has been ignored in the discussions. This article gives some of the viewpoints on those issues.

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Political Economy and Economics: Criticism of Attitudes towards Similarities and Differences between Them

Political Economy and Economics: Criticism of Attitudes towards Similarities and Differences between Them

Author(s): Kamen Mirkovich / Language(s): English / Issue: 7/2004

This paper presents a detailed criticism of U. M. Ossipov’s thesis concerning the science of Economics, which he claims to be drifting away from its subject and who, in that connection, advocates the return of economic science to its classical and philosophical foundations. A constructive criticism of Ossipov's thesis is offered, and the need for synthesizing economics and political economy into theoretical economy is substantiated. In it, besides the theory of marginal utility, there must also be developed the theory of marginal value, and they should be given equal standing in economic science.

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Negotiating EU Membership: The Experience of Bulgaria and Hungary

Negotiating EU Membership: The Experience of Bulgaria and Hungary

Author(s): Rossitsa Rangelova / Language(s): English / Issue: 7/2004

Information about a bilateral Bulgarian and Hungarian meeting 'Negotiating EU Membership: The Experience of Bulgaria and Hungary'. held on 28 May 2004 in Sofia.

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Measuring Poverty in Bulgaria

Measuring Poverty in Bulgaria

Author(s): Bogdan Bogdanov,Vassil Tsanov / Language(s): English / Issue: 7/2004

The analysis of poverty is based on the statistical information from “Multi-topic Household Survey (MHS)” – a survey carried out in 2003 as a collaboration of the National Statistical Institute, the Ministry of Labour and Social Policy, and the World Bank. The paper presents a detailed interpretation of the statistical information and the basic characteristics of the aggregates “Net income” and “Consumption”, used in poverty evaluation. Poverty is studied by applying the three widely used approaches (absolute, relative and subjective) and related methods. The critical evaluation of the advantages and disadvantages of the particular approaches and methods helps select a poverty line, suitable to our conditions. The obtained results are compared to the results from previous and similar studies in European countries.

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The Neo-Liberal Platform of the Transition to Market Economy – Specifics and Consequences

The Neo-Liberal Platform of the Transition to Market Economy – Specifics and Consequences

Author(s): Stefan F. Stefanov / Language(s): English / Issue: 7/2004

The subject of analysis is the nature of the market reforms in the Central and East European (CEE) countries and especially the strong influence of the Washington Consensus as a set of neo-liberal policies that was imposed by the International Monetary Fund on developing and transition countries during the third wave of globalization of the world economy. The consequences of the neo-liberal policies are investigated mainly in the following aspects: i) as a source of misalignment of means and goals in the market reform agenda; ii) as a factor retarding the building of genuine market institutions in the region; iii) as a generator of negative shocks on both external and internal aggregate demand eventually causing a deep and long-lasting recession; iv) as one of the reasons for increasing poverty, inequality and corruption in the economy of transition countries.

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IMPLICATIONS OF GLOBALIZATION ON CROSS CULTURAL MANAGEMENT THE CASE OF BOSNIA AND HERZEGOVINA
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IMPLICATIONS OF GLOBALIZATION ON CROSS CULTURAL MANAGEMENT THE CASE OF BOSNIA AND HERZEGOVINA

IMPLICATIONS OF GLOBALIZATION ON CROSS CULTURAL MANAGEMENT THE CASE OF BOSNIA AND HERZEGOVINA

Author(s): Azra Branković,Velid Draganović / Language(s): English / Issue: 1/2012

Keywords: culture; globalization; managers; Bosnia and Herzegovina

We live in the era of globalization. Economies of the world are connected and without borders. The whole world is a source of business opportunities. Trade barriers are falling, money flows freely across the national borders. In globalized economy, you can buy and sell everything almost everywhere in the world with the click of mouse. Everything is global, products, standards, customers, competitions, workforce, and managers. Global managers are looking for the best source of raw materials and the best markets all around the world. However, the most important task of a global manager is to find the best people worldwide. Companies are located across the world and hire people and managers from all parts of the world. The most important characteristics of a modern global manager are to understand other cultures and the ability to work with people from different cultures. Many business deals around the globe failed simply because managers did not understand other cultures. Primary research has been done on the sample of 50 managers from all parts of Bosnia and Herzegovina. The purpose of this research is to determine the cultural characteristics of managers in Bosnia and Herzegovina and their ability to respond to the challenges of globalized world.

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THE DOMINANCE OF THE ENGLISH LANGUAGE IN THE EUROPEAN MULTILINGUAL MOSAIC THROUGH THE PRISM OF LINGUISTIC IDENTITY
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THE DOMINANCE OF THE ENGLISH LANGUAGE IN THE EUROPEAN MULTILINGUAL MOSAIC THROUGH THE PRISM OF LINGUISTIC IDENTITY

THE DOMINANCE OF THE ENGLISH LANGUAGE IN THE EUROPEAN MULTILINGUAL MOSAIC THROUGH THE PRISM OF LINGUISTIC IDENTITY

Author(s): Saše Gerasimoski,Vesna Trajkovska / Language(s): English / Issue: 1/2012

Keywords: language; identity; multilingualism; lingua franca; linguistic globalization

The last few decades marked the expansion of the English language and its promotion into a world lingua franca, i.e. language of international communication, within the process of linguistic globalization. It has become official language of numerous international institutions and organizations which inevitably imposed its knowledge as a precondition for interaction at international level. This dominant position of English can be viewed from two aspects. On the one hand, it satisfies the need of world-wide speakers for using a mutually intelligible language that would facilitate communication and make it more efficient, while on the other hand the supremacy of a single language may seriously threaten linguistic diversity and the status of “smaller” languages whose inferior position may eventually lead to their loss of functions and domains of use. The paper focuses on the implications for the multilingual balance in Europe arising from the dominant status of English, bearing in mind the significance of language as symbol of identity particularly for members of smaller language communities. It is the authors’ view that the spread of English might affect the linguistic map of Europe and that only through fostering and maintaining a multilingual environment the existence of individual linguistic identities and their mutual recognition and affirmation as well as celebration of linguistic differences and intercultural understanding can be achieved.

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WAS FUKUYAMA RIGHT - HAVE WE REACHED THE END OF HISTORY OR THE STRUGGLE FOR RECOGNITION NEVER ENDS
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WAS FUKUYAMA RIGHT - HAVE WE REACHED THE END OF HISTORY OR THE STRUGGLE FOR RECOGNITION NEVER ENDS

WAS FUKUYAMA RIGHT - HAVE WE REACHED THE END OF HISTORY OR THE STRUGGLE FOR RECOGNITION NEVER ENDS

Author(s): Dijana Stojanovic Djordjevic / Language(s): English / Issue: 1/2012

Keywords: Francis Fukuyama; globalization; liberal democracy; end of history

The end of the Cold War marked the beginning, not only of economic, but also of political liberalization. States began to let up and faced the growing demands of its citizens to participate in the process of making and implementing decisions and policies. Thus the world reached a silent consensus about the legitimacy of liberal democracy as “the best system of government, devoid of deep disadvantages and contradictions which would lead him to collapse”. This system according to Francis Fukuyama is the endpoint of the evolution of ideologies - drivers of human activity. Liberal democracy is the maximum that modern man can achieve, and because of that, for Fukuyama it represents the “end of history”. However although life in democracy is full of benefits, its residents are free, equal before the law, enjoy numerous rights, they are controllers of the government that govern on their behalf and for their own good, still cannot be given precise and only answer to the question is it everything so perfect? Modern societies, despite their “democracy” are not homogenous, but rather even more highlight the cultural, religious and linguistic differences between them. The modernization of societies and the increased interaction between people through electronic communication, mass and social media, trade and tourism leads to a great exchange of knowledge, attitudes, opinions and ideas. Modern man is increasingly seeking to highlight its own identity through the things that distinguish it from the other, fearing not be blended with the majority. On the one hand, with increasing economic and political power of the societies, they seek to influence the creation of a global and universal culture, in which they will have the biggest impact, and on the other hand citizens of these societies begin to define their identity through tradition and religion. Therefore modern societies contain certain contradictions which may be a source of dissatisfaction of the citizens, and thus lead to their mutual destruction. So the question remains, whether the man who lives in a liberal democracy is even more satisfied with his live, that there is no longer need to fight and look for something more?

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