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Towards Deconstruction of Community: From Sublimity to Inoperativeness

Ka dekonstrukciji zajednice: od sublimnosti do razdjelovljenosti

Author(s): Bernard Harbaš / Language(s): Bosnian / Issue: 03+04/2009

Keywords: inoperative community; Jean-Luc Nancy; Jean-Francois Lyotard; deconstruction; Jacques Derrida; Maurice Blanchot; deconstruction of community; sublimity;

In this paper the author deals with the problem of postmodern understanding of the concept of community. The author gives an overview of political thought of postmodern thinkers such as: Lyotard, Blanchot, Derrida, etc. The main idea of the paper is that postmodern thought rejects any theories of belonging or identity or concepts in sense of ethnicity, people or nation. Contrary to the mentioned standpoints, postmodern thinkers explore community as something that is always to come or inoperative. In that sense the purpose of this paper is to question the conception of community beyond traditional sense of categories of nation, belonging or fixed identity.

Along Balkan historiographical transversals

Duž balkanskih historiografskih transverzala

Author(s): Dubravko Lovrenović / Language(s): Croatian / Issue: 03/2006

Tying ethnic background to a geographic territory? Autonomies and federations in former Yugoslavia

Teritorijalizacija etničke pripadnosti? Autonomije i federacije u bivšoj Jugoslaviji

Author(s): Florian Bieber / Language(s): Bosnian / Issue: 25/2004

5. Tying ethnic background to a geographic territory? Autonomies and federations in former Yugoslavia 5a) What is territorial autonomy? 5b) Problem of secession 5c) Ethnic autonomies in the 1990s 5d) Autonomies in former Yugoslavia: Failures and perspectives 5e) Conclusion

Development and Perspectives of Serbo-German Relations

Razvoj i perspektive srpsko-nemačkih odnosa

Author(s): Branko Pavlica / Language(s): Serbian / Issue: 107-108/2007

Keywords: serbo-german relations; Germany;

The Transition Society and Organization of Labour

Tranzicijsko društvo i organizacija rada

Author(s): Suljo Borovina / Language(s): Bosnian / Issue: 1/2013

Keywords: organization; methods of production; capitalism; socialism; ownership; privatization; transition; globalization

The organization of labour is almost as ancient as the human race itself. It is the means by which people seek to adjust their actions to reality in order to meet their needs as easily as possible. Organization allows people to transform their activity into targeted, rational action. On the other hand, people also seek to adjust their specific reality to human action, to their work. This is just as true for the primordial human community as it is for contemporary, post-industrial societies, including those in transition. Societies decline or develop according to the way people operate. A variety of factors impacted on the disintegration of the socialist system. The transition process is taking place in the context of globalization, of which is it one feature. The transformation of societies in the post-socialist world in the context of these global changes may be understood only in the context of the changing ways in which production and labour are organized, while also taking into account every other social determinant – political, psychological, cultural. This paper sets out the fundamental problems, contradictions and controversies of transitional capitalism that stand in the way of the transformation of post-socialist, neo-traditional societies into modern, prosperous societies of the Western European type of capitalism.

Politics faced with the enigma of society

Politika pred zagonetkom društva

Author(s): Tomo Jantol / Language(s): Croatian / Issue: 03/2012

Keywords: Yugoslav socialism; politics; society; civil revolution; socialist revolution

The drama of Yugoslav socialism had begun long before its final collapse, only a few years after its coming to power. It had been announced by social events which the ruling politics neither expected nor could explain; events which at first were manifested in various forms of self-willed conduct of those employed in economy, and later in increasingly pervasive and complex disturbances in the system of material reproduction and other spheres of social life. Those events faced the ruling politics with the enigma of society that posed a serious challenge to the existing model of etatist economy and monopoly power of the Party. In this article, the author focuses precisely on the above- mentioned problem, i.e. on the relation of the ruling politics of socialism towards the social world of life (society): what did it do in order to regain mastery over the social events which gradually eluded its control, and what is the significance of the methods and procedure which it applied to that effect? All that the ruling politics of Yugoslav socialism was faced with and all it resorted to is observed by the author merely as a special case of socialism in general.

Resistance of Material: Theoretical Mastery over the Literary Text

Otpor materijala: teorijska vlast nad književnim tekstom

Author(s): Luka Bekavac / Language(s): Croatian / Issue: 05/2013

Keywords: Derrida; literature; singularity; invention; law; competence; Joyce

After a brief account of Derrida’s notion of singul arity as an irreducible, quasi-material layer of (literary) texts, this article attempts to delineate its effects on theoretical or scientific mastery over literature. Invention and law are exam ined as necessary but mutually cancelling origins of aesthetic and scientific institutions, and the final chapter – following Derrida’s Ulysse gramophone – questions the limits of theoretical competence in collision with the incalculable swerve of literarity.

Red Dawn – the final episode of the Cold war

Crvena zora - finalna epizoda hladnog rata

Author(s): Ivan Kovačević,Vladimir Ribić / Language(s): Serbian / Issue: 4/2014

Keywords: film; Red Dawn; Cold war; Soviet invasion; guerilla; the fall of communism

In the period of renewal of the Cold war, after 1980, movies which abandon the idea of the dentate appear, and they represent the response to Soviet expansion taking place under the auspices of diminished military confrontation. Of course, the Hollywood reaction to the real expansion of communism was not at adequate response, but it is a part of the wider restructuring of American politics regarding the Soviet Union, which was evidenced by strengthening defenses through the Strategic Defense Initiative (SDI), forcible intervention in Grenada, helping anti-communist movements around the world etc. In opposition to part of the US political scene which shut down attempts to stop the spread of communism across the world, action through popular culture, especially film, created a new climate in which multifaceted pressures on the socialist block were prepared. The movie Red Dawn can be considered part of the reaction of US politics on the particularistic view of the dentate as a shield for military and political spread of the USSR in Africa and other parts of the world. This pressure played on the inherent weaknesses of Soviet society in the 1980’s, a society which, after a brief period of failed transformation fell apart at the start of the final decade of the 20th century.

Ortega y Gasset and Unamuno

Ortega y Gasset i Unamuno

Author(s): Lino Veljak / Language(s): Croatian / Issue: 04/140/2015

Keywords: José Ortega y Gasset; Miguel de Unamuno; Spanish philosophy; spirit; traditionalism; emancipation; intrahistory; historical perspectivism;

Two most important and most influential thinkers in the history of Spanish philosophy José Ortega y Gasset and Miguel de Unamuno were compared, in the first line as a protagonists of the process of emancipation of the spirit in Spain from traditionalism and provincialism. Both thinkers gave very important contributions to contemporary philosophy, including the philosophical reflection of history (especially Unamuno’s conception of intrahistory and Ortega’s conception of historical perspectivism).

Direct Effect Of Article 9(3) Of The Aarhus Convention In Legal Order Of The Republic Of Serbia

Neposredna primena člana 9, stava 3 Arhuske konvencije u pravnom poretku Republike Srbije

Author(s): Rodoljub Etinski / Language(s): Serbian / Issue: 3/2013

Keywords: Aarhus Convention; public; judicial proceedings;

The text explores a possibility of direct effect (direct application) of Article 9(3) of the Aarhus Convention in legal order of the Republic of Serbia. The Article guarantees access of the public to administrative or judicial procedures to challenge compatibility of acts of private persons or public authorities with national law relating to environment. In Lesoochranárske zoskupenie the European Court of Justice finds that, according the EU standards on direct effect of international treaties, the Article is not capable to produce direct effect, since contracting parties enjoy a broad discretion to formulate criteria for the public’s access to review procedures. However, the European Court of Justice remained that each member state might have its own standards on direct effect of international treaties and that Slovak courts were obliged to take into account Article 9(3) of the Aarhus Convention when interpreting Slovak procedural law to provide the EU environmental law with best effectiveness. The 2006 Constitution of Serbia foresees direct application of international treaties without limitations and conditions. Still, judicial practice is not fully consistent and it would be premature to derive reliable standards on direct application of international treaties in Serbia. In Serbian legal system there are no particular procedural provisions in environmental law that meet requirements of Article 9(3) of the Aarhus Convention and general procedural provisions depart from these requirements in respect of legal standing. Direct application of Article 9(3) would be possible in such situation as a replacement for missing particular domestic provisions or as supplement of general procedural provisions. The first possibility is less probable. More probable is that a court would search for new interpretation of legal standing in co-effect of domestic general procedural provisions and Article 9(3) of the Aarhus Convention.

Stabilization And Association Agreements Before The European Court Of Justice

Sporazum o stabilizaciji i pridruživanju pred Evropskim sudom pravde

Author(s): Mirjana B. Glintić / Language(s): Serbian / Issue: 3/2013

Keywords: Stabilization and Association Agreement; direct effect; bilateral agreement; mixed agreement; European Court of Justice;

The author analyses legal status and interpretation of the Stabilization and Association agreements in the European Union legal order and in the legal order of the non- member countries that have expressed a wish to join EU. The author then sets the question, whether this kind of agreements possesses direct effect. The answer to this question is supposed to be given by the European Court of Justice. But due to the lack of practice in this field, one has to take into consideration the cases before ECJ and its opinions concerning direct effects of Association agreements since the certain resemblances exist between these two types of agreements. The paper has three parts plus introduction and conclusion. The first part describes main characteristics of the Stabilization and Association Agreements; the second part analyses the similarities with the Association Agreements, while the third part presents the cases before ECJ, in which the Court examined the direct effect of the Association Agreements.

The Unification of the Rules of the International Private Law in the EU

Neki aspekti položaja privatnog prava EU u dosadašnjem razvoju komunitarnog prava

Author(s): Božidar Jeličić / Language(s): Serbian / Issue: 2/2011

Keywords: Private Law of the EU; sources of EU Private Law; the legal basis of the Private Law of the EU; formal sources of the Private Law of the EU; communitization of EU Private Law;

The unification of the rules of the International Private Law in the EU/EC (EU hereinafter), represents one of the important prerequisites for the successful realisation of the EU member states’ established goals of integration. That is why this matter was given due attention from the very beginning of the integration process. However, the achieved results in this field open many questions, which range from the dilemma whether more could have been accomplished, to whether it could have been accomplished more quickly and with bigger steps. One of the models for looking for the answer, to this and many other questions, might also be found in the locating of the EU Private Law in the total developmental process of the EU Law. It is a fact that EU’s International Private Law, shared and shares the destiny of the total development of the EU Law, but it is equally plausible that there are also certain developmental distinctions between them. The sensitivity and the complexity of the subject, interference with state sovereignity, had simply imposed „caution“ on member states in approaching this matter. The consequence of which were also the two phases of the process of regulating the matter of EU’s Private Law – until and after the Amsterdam agreement. Of course, the Amsterdam agreement, represented a turning point in its regulation by creating the conditions to transfer it to the terrain of the secondary law of the EU, but did not signify the resolution of all issues at question. It was only one of the important steps toward a more efficient regulation of this matter, while the essential problems remained, concerning, primarily, the readiness of the EU member states to confront the limitation to their sovereignity to the advantage of the EU.

ABOUT THE STATE OF HARMONIZATION OF CONTRACT LAW IN EUROPEAN UNION

О СТАЊУ ХАРМОНИЗАЦИЈЕ УГОВОРНОГ ПРАВА У ЕВРОПСКОЈ УНИЈИ

Author(s): Atilla Fenyves / Language(s): Serbian / Issue: 3-4/2003

Политичке и пивредне уније често постају и грађанско правне заједнице. То не представља обавезан развој ситуације, али је и чест случај, као што се то може видети на примеру Француксе...

Biography and bibliography of prof. dr Katarina Damnjanović

Biografija i bibliografija prof. dr Katarine Damnjanović

Author(s): Slobodan Vukadinović,Oliver P. Nikolić,Dušan Vranjanac,Željko R. Đurić / Language(s): Serbian / Issue: 1/2018

WORKERS’ STRIKES IN BOSNIA AND HERZEGOVINA FROM 1919 TO 1920

ŠTRAJKOVI RADNIKA U BOSNI I HERCEGOVINI 1919—1920

Author(s): Ahmed Hadžirović / Language(s): Bosnian / Issue: 8/1972

Keywords: Workers' strikes; 1919-1920; Labor relations;

The time from the unification of the country to the end of 1920 represents a period, a stage of the latest history of the Yugoslav peoples. New power organs were established and stabilized in that period, uniform political and other organizations were formed for the whole country, and the revolutionizing of the progressive forces had its culmination. Uniform political organizations of the working class were also founded: The Communist Party of Yugoslavia and the United revolutionary Trade Unions. At the same time the period from April 1919 to the end of December 1920 is the time of legal activities of those organizations, and that is one of the reasons that this period is taken as a separate unit in the division of the history of Yugoslavia into periods. The majority of the Yugoslav proletariat, animated by the unification of the country and influenced by the revolutionary movements in Europe and in the world, in the very first days of establishing of the United Trade Unions and of political party of the working class, joined the former or the latter, so that those organizations had permanent success both as regards the number of the members and even more as regards the economic state owing to the successful strikes and tariff actions.

Workers' Movement in Germany and West German Social Democracy

Radnički pokret u Njemačkoj i zapadnonjemačka socijaldemokracija

Author(s): Hrvoje Šarinić / Language(s): Croatian / Issue: 02/1965

Keywords: Workers' Movement; Germany; West German Social Democracy;

Socijaldemokratska partija Njemačke (SPD) jedna je od najvećih evropskih stranaka što reprezentiraju suvremeni socijaldemokratizam kao određeni smjer u općem okviru radničkog pokreta unutar kapitalističkih zemalja, a kao opoziciona partija u samoj Saveznoj Republici Njemačkoj SPD je po izbornim rezultatima druga politička snaga iza vladine Kršćansko-demokratske unije i daleko najjača među svim ostalim političkim strankama, što učestvuju u zapadnonjemačkom političkom i parlamentarnom životu. I zbog toga, kao i zbog svoje tradicije, ona u Socijalističkoj internacionali zauzima mjesto važnog i utjecajnog faktora, kako po položaju svojih predstavnika u njenim forumima tako i pri formiranju generalne linije socijaldemokracije danas.

ESTABLISHMENT AND START OF OPERATION OF THE FIRST WOOD PROCESSING INDUSTRY IN ZAVIDOVIĆI

OSNIVANJE I POČETAK RADA PRVE INDUSTRIJE ZA PRERADU DRVETA U ZAVIDOVIĆIMA

Author(s): Branislav Begović / Language(s): Bosnian / Issue: 14-15/1978

Keywords: forest industrial enterprise; Bosnian Forest Industry;

Der Autor stellt auf Grund der in Archiven verfügbaren Unterlagen die bisher unbekannte Tatsache fest, daß noch vor der Gründung des forstindustriellen Betriebes G. Gregersen & Söhne und der Firma Bosnische Forstindustrie Eisler & Ortlieb in Zavidovići und vor dem Abschluß eines langfristigen Vertrages zwischen diesen Firmen zur Exploatation von Nadelwäldern ein Dampf Sägewerk der Triester Firma Morpurgo & Parente in Zavidovići errichtet worden und seit 1897 im Betrieb war. In diesem Sägewerk wurde Eichenholz verarbeitet, das im Waldgebiet von Gostović gewonnen wurde. Dieses Sägewerk kaufte im Jahre die Firma Gregersen & Söhne von der Firma Morpurgo & Parente und setzte in ihm die Arbeit an der industriellen Holzverarbeitung fort. Dadurch läßt sich die im Volke überlieferte und besondere Bezeichnung der Firma Gregersen & Söhne als »altes Sägewerk« und die der Firma Bosnische Forstindustrie Eisler & Ortlieb als »neue Firma« erklären. Damit ist endlich auch die Wahrheit festgestellt und dem Dilemma um den Zeitpunkt der Errichtung und des Arbeitsbeginns der holzverarbeitenden Industrie in Zavidovići ein Ende bereitet.

REORGANIZATION AS A BUSINESS PHILOSOPHY

REORGANIZATION AS A BUSINESS PHILOSOPHY

Author(s): Isidora Milošević,Marija Bajčetić / Language(s): English / Issue: 3/2022

Keywords: reorganization; bankruptcy; plan; economy; subject

The most common problems faced by business societies are the inability to pay or carry out the obligations to third parties, i.e. their creditors. When an economic entity is unable to settle its obligations, creditors and third parties cannot regularly collect their receivables and then bankruptcy occurs.Changes in business conditions in the world, especially if business conditions deteriorate, will raise the issue of opening and efficiency of bankruptcy proceedings. The condition for initiating a pre-bankruptcy proceedings is insolvency, where, as a rule, debts are greater than the value of the debtor’s assets. Today, the economic entity, in accordance with the provisions of the applicable Law on business societies, is responsible for all its obligations with its assets. So, when it becomes unable to pay, it has mainly two alternatives, bankruptcy or possibly, the possibility of reorganization if its creditors deem it to be more expedient. The aim of bankruptcy is to remove those economic entities which do not achieve even the minimum of profitability doing their business and which are incapable of normal work and business. The overhaul of the bankruptcy debtor is a newer institute of our bankruptcy law. It includes the transformation of debtors at several levels such as legal-organizational, management and financial. The Institute of Restructuring is based on the debtor’s contract with creditors, giving him/her an opportunity to recover economically and avoid bankruptcy, i.e. deletion from the registry of legal entities, and it enables more favourable settlement of receivables.

DIRECT EFFECT OF INTERNATIONAL AGREEMENTS OF EC

DIREKTNO DEJSTVO MEĐUNARODNIH SPORAZUMA EVROPSKIH ZAJEDNICA

Author(s): Vladimir Medović / Language(s): Serbian / Issue: 1/2005

Keywords: direct effect; international agreements; individuals; Court of Justice; national courts

International agreements concluded between European Communities and third countries or international organizations forms the integral part of the legal system of the European Communities. They are binding on the member states and may have direct effect under the similar conditions which apply to the internal sources of Community law. National courts must protect rights which international agreements provides for the individuals. A provision in an agreement concluded by the Community is regarded to have direct effect when, regard being had to its wording and the purpose and nature of the agreement itself, the provision contains a clear and precise obligation which is not subject, in its implementation of effects, to the adoption of any subsequent measure. Whether particular provision of the agreement fulfills conditions for direct effect is matter of interpretation which is in the exclusive jurisdiction of the Court Justice. That court rules on the interpretation of the agreement in the proceedings for preliminary ruling. Such jurisdiction of the Court of Justice ensures uniform interpretation and application of international agreements in all member states of the Community.

PROPOSAL FOR A REGULATION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS, ROME I

PREDLOG UREDBE EVROPSKOG PARLAMENTA I SAVETA O PRAVU KOJE SE PRIMENJUJE NA UGOVORNE OBAVEZE, RIM I

Author(s): Maja Stanivuković,Petar Đundić / Language(s): Serbian / Issue: 2-3/2004

Keywords: Rome Convention; Rome I; conflict of laws; the law applicable to contracts; party autonomy; mandatory rules

Since the Treaty of Amsterdam entered into force, judicial cooperation in civil matters between Member States of the EC has been transferred from the third to the first pillar of the EU. The Treaty gave the EC institutions the power to regulate private international law issues through adoption of regulations - secondary legislation with direct effect on the whole territory of the EC. With regard to choice of law rules for contracts, European Commission has used these newly established prerogatives in 2003 to initiate substitution of the Rome Convention on the Law Applicable to Contractual Obligations by a Community Regulation. In December 2005, the Commission presented the proposal for a Regulation on the Law Applicable to Contractual Obligations (Rome I). Replacement of the Convention by a Regulation would bring in a number of changes. Adoption of a Regulation would mean that the Member States have no longer power to enter reservations. Furthermore, the two Protocols to the Convention which allow the Court of Justice to interpret the Convention’s rules would become unnecessary. Apart from the changes of formal nature, the Commission proposed some adaptations of the Convention’s rules aiming to modernize and improve those rules. The most significant changes of the substance are inspired by ambition to increase certainty and predictability of the applicable law. This refers in particular to the general conflict of laws rules (Article 3 – Freedom of choice and Article 4 – Applicable law in the absence of choice). In addition, the Commission’s proposal deviates from the rules of the Convention on a number of other issues (scope of the application, the law applicable to consumer contracts, individual employment contracts, formal validity of the contract, etc.). From the perspective of Serbian law, changes that have been proposed bring European choice of law rules for contracts much closer to the rules of the Serbian PIL Code. In the event that the Regulation is indeed adopted, this would make legislator’s task of bringing choice of law rules for contracts in conformity with the European model much easier.