Keywords: foreign direct investment; multinational companies; investment climate; risk; Bosnia and Herzegovina
This paper intends to show key characteristics of foreign direct investment and their importance to the economy of a country. In the case of foreign direct investment both foreign investors and host country seek to maximize their own benefit. However, both sides are facing a number of risks and problems which present a big obstacle to the realization of their ideas. Final result of the entire process of foreign direct investment depends primarily on the degree of development of the domestic economy and the ability of local governments to make the best possible way to exploit the benefits of foreign direct investment. Transition countries, which include Bosnia and Herzegovina, need foreign investment for a successful and sustainable development, considering that these transition countries lack capital. To attract foreign investors, it is necessary to establish a favorable investment climate and use efficiently a rich range of incentive measures available to governments. This paper shows that BiH has not yet created a stimulating environment for foreign investors and as a consequence BiH has noticeable lagging behind neighboring countries, the negative effects on economic development in BiH, insufficient usage of its own economic potential and a decline in life standard.
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Keywords: defense sector; accountability; corruption
Transition in the former socialist countries in Southeastern Europe, initiated during the the last decade of the the last century, introduced many major changes, including fundamental transformation of defence sector. Governments, supported by international organizations, had made effort to eliminate ideology involvment in defense sector in order to establish accountability as a base for work of public servants.
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Keywords: Telekom Srbija; Public Interest
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Keywords: politics; Serbia; constitutional state; constitution;
Article about political situation in Serbia and the question of new constitution.
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Manifest Muriel Barbery, Tahar Ben Jelloun, Alain Borer, Roland Brivar, Maryse Condé, Didier Daeninckx, Ananda Devi, Alain Dugrand, Edouard Glissant, Jacques Godbout, Nancy Huston, Koffi Kwahulé, Dany Laferrière, Gilles Lapouge, Jean-Marie Laclavetine, Michel Layaz, Michel Le Bris, JMG Le Clézio, Yvon Le Men, Amin Maalouf, Alain Mabanckou, Anna Moï, Wajdi Mouawad, Nimrod, Wilfried N’Sondé, Esther Orner, Erik Orsenna, Benoît Peeters, Patrick Rambaud, Gisèle Pineau, Jean-Claude Pirotte, Grégoire Polet, Patrick Raynal, Jean-Luc V. Raharimanana, Jean Rouaud, Boualem Sansal, Dai Sitje, Brina Svit, Lyonel Trouillot, Anne Vallaeys, Jean Vautrin, André Velter, Gary Victor, Abdourahman A. Waberi
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Keywords: philosophy;
Review of the book "Soi-meme comme un autre / Sopstvo kao drugi" by Paul Ricour.
More...Keywords: insurance; insurer; insurance contractor; insured; premium; insurance cover; secured case; risk; secured sum; civil responsibility;
Insurance is an economic activity in which entities are protected against various dangers that endanger their property or physical integrity. The subject of insurance can be persons, things (real estate, property) or interests from legal relations (contractual or non-contractual), as well as various other interests of a legal or economic nature. Insurance can be viewed from a legal, economical, technical, sociological and other. viewpoints. The human community is faced with the existence of various dangers that endanger the individual and the collective, and because of that, there has been an awareness of the need for organized protection against these dangers. If one risk is distributed to several holders (atomizers), it is more certain that a person who has suffered a risk of a joint threat will succeed in reparation, or compensate for the damage suffered.
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Keywords: bareboat charter; BARECON 2001; charter contract;
This paper analyzes provisions of the BIMCO standard bareboat charter form, code name BARECON 2001, contained in its second, central part. The analysis consists of several themed sections. Firstly, contractual parties in the bareboat charter are determined, introductory terms definitions are cited and the specifics of the duration of the bareboat charter are established. Fundamental rights and obligations of the parties (delivery, cancelling, hire, redelivery) are determined afterwards, followed by all other rights and obligations related to the use and performance of the contract (e.g. regulation of the vessel’s inspection costs,oil and stores on delivery and redelivery, inspection, trading restrictions, maintenance and operation, insurance, mortgage and lien, indemnity, realization of the right to remuneration for salvage and a general average contribution, wreck removal, conditions for transfer of rights from the contract to a third party, bank guarantee, commission, termination, repossession,dispute resolution, notices). A comparative analysis of the BARECON 2001 central part provisions and the previous BARECON 89 relevant provisions is presented, as well as a critical review of the BARECON 2001 provisions, considered to be ambiguous, and possibly giving rise to various legal interpretations. In conclusion, solutions of the provisions of the form are summarized and several proposals for improvement of its content are given.
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Keywords: carrier; ship operator; shipowner; charterer; contract of carriage of goods by sea; Croatian Maritime Code
In this paper the author analyzes the provisions of the Hague and Hamburg conventions and the new Draft Instrument on Transportation Law that determines the position of the carrier. The central issue in this paper is the identification of the carrier in Croatian Maritime Code de lege lata and de lege ferenda. This paper discusses which persons can appear as a carrier, and whether Croatian law has provided adequate standards for this problem. For understanding the complex relations between the contractual parties that arise in concluding and fulfilling a contract is necessary to know the legal nature and taxonomy of the contract. This is particularly examined in our work with special reference to some theoretical dilemmas, and theoretical opinions. There is discussion of the obligations and rights of the carrier, its legal character, and a description of how it participates in the risks and benefits that arise from the use of the ship for the purpose of transportation of goods by the sea. Particularly analyzed are solutions and new regulations proposed in the Draft of the Croatian Maritime Code and current court practice is discussed. In the Croatian Maritime Code, a positive evaluation is given to the introduction of the concept 'carrier' as the party in the carriage contract. This brings the Maritime Law up to date and closer to the solutions in international unification instruments. It is stressed that priorities for analysis lie in an ongoing monitoring of the quality (the adequacy and adaptation) of the standards and their realistic ability to cover the factual forms that are created in practice.
More...Keywords: Corruption; Bribery; Immoral contracts; Mistake; Fraud; Agency; Ultra vires act;
Corruption in the form of a contract of bribe appears in very different forms (material or non-material rewards, given through some known legal forms or secretly, followed by visible or invisible favours by the bribed person, etc.), and it is frequently bordering with the allowed legal acts (e.g. mandate contract commission).The key elements of the notion of bribery in contracts are: 1. Giving certain valuable consideration in exchange for favouring the briber; 2. Secrecy of the act of giving a reward; 3. Counterprestation (influence) of the bribed in view of concluding a contract in favour of the briber. A contract of bribe is an immoral contract and, as such, it is void with all implied consequences. Nullity can be officially referred to by the court itself. Speaking about consequences of the nullity of a contract due to bribery, the rule of Nemo auditur turpitudinem suam allegans has an important role for the restitution of the reward given. The contract concluded between the briber and a third party, for which the bribed person had been given a reward (bribe), i.e. the so-called basic contract is not void. However, its validity can be questioned in certain circumstances. When the other contracting party finds out that the contract it concluded was achieved due to the bribing of its representative or employee, or a third party, it may refer to the Code of Obligations governing mistake or fraud. If the contract is rendered void due to those reasons, the return of the given reward is discussed in accordance with the law of unjust enrichment. Moreover, the party acting in good faith is entitled to damages.
More...Keywords: Kosova; Serbia; Peace building; EU ambiguity; Constructive Ambiguity; UN SC Resolution 1244;
Two decades since the war ended in Kosova, difficulties, especially those of a political nature, worsened. The combination of local and international efforts have catalyzed and facilitated achieving the rule of law and inter ethnic reliability within the state of Kosovo, but not reconciliation. There are still to truths, an Albanian and a Serbian. Few of war criminals for Kosova’s crimes were sentenced. Hate speeches are again between. It appears that peace building is not as easily conceivable as initially thought, considering the lack of agreement between internal and international actors on the creation of a new state of Kosova. This article attempts to answer to what extent Kosovo’s peace building has been influenced by international ambiguity and wrongful decisions made by the Kosova’s institutions, highlighting the obstructive politics and agents such as political and socio-economic, interrupting inter-ethnic re-conciliatory treatment toward sustainable peace in the Balkan region.
More...Keywords: ugovor o radu; radno vreme; fleksibilizacija rada; prekarizacija rada; nulto radno vreme
Fleksibilizacija rada dovela je do stvaranja većeg broja atipičnih oblika radnog angažovanja. Ovakvi oblici radnog angažovanja nose značajne rizike po radnike i u mnogim situacijama vode njihovoj prekarizaciji. Jedan od tipičnih primera takvog razvoja radnopravnih ugovora jesu i ugovori sa nultim radnim vremenom, kod kojih nije unapred dato trajanje nedeljnog radnog vremena kao ni zarada lica, koja zavisi od toga da li će se i koliko ono uopšte angažovati kod poslodavca sa kojim je zaključilo ovu vrstu ugovora. Zloupotrebe takvog režima rada su značajne i sve vidljivije kako njihova popularnost raste, pa se u tom kontekstu istraživanje bavi načinima njihovog preciznijeg regulisanja, kao i trendovima koji se vezuju za nove propise Evropske unije, a kojima se pokušava urediti ova oblast radnog prava.
More...![Maritime Law : Comparative Legal Study (authors: Ivošević; Pejović) (Beograd, 2019) : [book review]](/api/image/getissuecoverimage?id=picture_2020_58542.jpg)
Keywords: book review; maritime law
Pomorsko pravo (Uporednopravna studija) / Maritime Law (Comparative Legal Study) is a comprehensive textbook of maritime law. In addition, it offers a comparative legal analysis of national maritime legislation in Slovenia, Croatia, Montenegro and Serbia and considers differences between national maritime legislation in Anglo-American and European countries.In the introductory part, the authors define the concept and subject of maritime law by comparing it with other branches of law and other scientific fields that deal with certain aspects of shipping. This section also contains a historical and legal overview of the development of maritime law at the international and EU level as well as at the national levels of selected countries.The first part of the book (“Ship and Shipping“) concerns maritime administrative law (the notion of the ship, ship registers, the safety of shipping) and maritime property law (ownership of the ship, ship mortgage, maritime liens, ship arrest, execution of maritime claims).The second part (“Contracts, Transport Documents and Contractual Liability“) covers the conclusion and performance of various shipping contracts (types of contracts in maritime transport, contracts for the carriage of goods by sea, time charter, voyage charter, liability of the carrier for the goods, bill of lading and other documents, charter by demise, bareboat charter, contracts for the carriage of passengers and their luggage by sea, liability of the carrier for the passengers and their luggage, tug and towing contracts, the maritime agency contract). At the end of this part, the authorsexamine the role of the contract for the carriage of goods by sea in the performance of the international sale of goods.The third part (“Shipping Accidents, Extra-contractual Liability, System of General Limitation of Shipowner“s Liability“) mainly discusses “wet shipping“ (general average, collision, salvage, liability for the marine environment), with a specific chapter devoted to international and domestic laws regulating the limitation of the shipowner's liability.The fourth (final) part (“Marine Insurance“) deals with all aspects of this very important area of maritime law (including the notion and essentials of the marine insurance contract, insurance policy and other documents of insurance, the rights and obligations of contracting parties, cargo insurance, hull insurance, liability insurance, the role of P&I Clubs).The book is written clearly and systematically. It can serve as a high-quality university textbook and will be useful to all lawyers dealing with maritime law. This book will certainly provide the reader with a comprehensive set of information on international maritime legislation and on national legislation in selected countries.
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Keywords: mehr; marriage; marriage contract; gift contract; legally enforceable;
The subject-matter of this article is the real prospect of mehr being paid in lawsuits in Bosnia and Herzegovina. The article presents some aspects of mehr and analyzes positive regulations that are similar in their nature to mehr. Thus the analysis is made of the marriage contract and gift contract. The comparison is also made between these and the mehr. Considering the aspects of the time of payment, there are two kinds of mehr: mehr mu’ajjel and mehr muwejjel. Mehr mu’ajjel is paid straight away at the time of the marriage thus its payment is not considered here. The analyses made in this article are in regards to the second kind, mehr muwejjel which is paid later on. After the comparison between the marriage contract and the mehr we were able to conclude that there are differences in the actual effect of these two. This is so particularly with regards to formal validity; this is to say that mehr does not produce legal consequence whereas the marriage contract does. However, when mehr is compared to gift contract the comparison showed that mehr can itself be considered as a gift contract; such can produce legal consequence according to the law of Bosnia and Herzegovina. This is very important for it can bring about more responsible approach of men towards the mehr and would mean that women can exercise their rights in these cases.
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Keywords: freedom of religion; reasonable accommodation; undue hardship; secular state; religious communities; non-discrimination;
This work includes legal sources of protection of religious freedom in the workplace in the United States and the most important legal instruments such as “reasonable accommodation” and “undue hardship”. Here are listed religious aspects that are protected by law, as well as authorities and agencies that have jurisdiction to enforce the law. This paper presents practical examples of violations of the right to freedom of religion, such as the wearing of religious clothing, free time for prayer, beards and long hair, religious tattoos as well as examples of religious harassment in the workplace. In the end, the author presents conclusions on the degree of protection of religious freedom in the United States as well as a brief comparative analysis of European jurisprudence and it’s applicability in BiH.
More...Keywords: Directive; unfair terms; protection; insurance contract
Today the insurance contract has an increasing importance in our everyday legal transactions. It could be said that according to the frequency of concluding this agreement comes immediately after the contract of sale and contract of carriage. The idea of consumer protection has found its place in the insurance service. In line with current trends in the European Union, in addition to the analysis of certain issues concerning unfair provisions in community law, this paper is dedicated to the issues of protection against unfair contract terms in the insurance contract. Also difference in the economic strength of the contractor, may lead to the position that the stronger contracting party impose unfair clauses. Therefore, in this paper, firstly, author gives a brief overview of the legal regulation of unfair clauses in EU law. Then, in the context of the insurance contract, author analyzes unfair terms in national law. The author aims to present the sources of law in the Republic of Serbia in connection with the protection against unfair terms in consumer contracts and insurance contracts. It starts from the normative complexes with specific qualities and characteristics of this theme.
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Keywords: European Union; institutions; principle of institutional balance;
As a sui generis supranational organisation, the European Union is specific and unique in its origin, development and functioning, and as such is a constant subject of professional and scientific reflection and research, with the aim of fully understanding and contributing to its continuous integration process, which is equally important for existing and future member states. In this respect, Union's dayto- day and long-term operation is directly dependent on its institutional system, which is mirrored to the same extent by its peculiarities. Therefore, the topic of this paper is particularly focused on the part of the institutional framework of the Union, which includes the European Parliament, the European Council, the Council of the European Union, the European Commission and the Court of the European Union and their mutual relations and way of functioning. Specifically, in line with their competences, the aforementioned institutions act individually or together in numerous community areas, allowing for mutual principled cooperation, but also for inevitable disagreements and diverse interpretations of the same issues. The principle of institutional balance, which serves as the foundation for the actions of the Union's institutions, as well as other relevant principles as well as judicial practice aimed at resolving challenges in matters of jurisdiction, is specifically addressed below in order to fully explore the current relationships as well as the possibilities of improved cooperation. The topic is constantly relevant for the academic and professional community in Bosnia and Herzegovina, given that the next phase of its European integration process is anticipated candidate status for European Union membership.
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Keywords: intellectual property; copyright; orphan works; Orphans’ Work Directive;
“Orphan works” represent a specific category of copyrighted works, and therefore their position in the intellectual property system is specific. Namely, the subject of copyright protection is an author’s work, as an original, intellectual achievement from the literary, artistic and scientific field, which has an individual character. The author is usually the copyright holder. However, if the author of the work or his legal successor, or the right holder in general, is not known or is known, but it cannot be located, then such a work is considered as an “orphan work”. A large number of orphan works are still protected by copyright, but modern times impose the need for their digitalisation, in order to make these works more accessible to the general public. This means establishing a legal framework that will facilitate the digitalisation and dissemination of copyrighted works, for which no copyright holder can be identified or found. The European Union, with its legislation, primarily the Orphans’ Work Directive, has tried to guide Member States on how to regulate the protection and the use of these acts, with a goal to harmonizing national regulations, but this process is not yet complete due to different archives, and it will still take a long time. These works, whose authors are unknown or cannot be found, form a significant part of the world cultural heritage, but they cannot be used prior a careful search is carried out in order to determine their authors, in compliance with the prescribed conditions. In this regard, and with the aim of more adequate protection of authors, even those unknown or those who cannot be located, it is necessary to harmonize BiH legislation with European Union regulations.
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Keywords: non-discrimination; European Union; human rights
A general prohibition of discrimination on grounds of nationality can be found in Article 12 (ex Article 6) EC Treaty. According to this provision, discrimination that can be attributed to a nationality requirement is prohibited within the scope of application of this Treaty, and without prejudice to any special provision contained therein. Community law does not just prohibit direct discrimination. As stated in Article 12 EC Treaty, any discrimination is prohibited. Indirect discrimination arises where a provision is likely to affect EU nationals in the exercise of their Treaty rights disproportionately. It may arise where a condition is imposed which is sought to be justified on the basis that it applies both to those exercising Treaty rights and own nationals, but where the ability of those exercising Treaty rights to satisfy any such condition is intrinsically more difficult.
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