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Contractualism vs. Contractarianism

Kontraktualizam versus kontraktarijanizam

Author(s): Aleksandar Dobrijević / Language(s): Serbian / Issue: 3/2011

Keywords: social contract tradition; contractualism; contractarianism; con-structivism; actual and hypothetical agreement; David Gauthier; Thomas Scanlon.

The author insists that, within contemporary theory, common division of social contract tradition on "Hobbesian" and "Kantian" line of thought is entirely justified. Analyzing the theories of David Gauthier and Thomas Scanlon, he also indicates the important difference between "moral" and "political" dimension of the idea of social contract. Finally, he rejects recent attempts of identifying contractual-ism with constructivism.

Waiting for Pedja

Čekajući Peđu

Author(s): D. M. / Language(s): Serbian / Issue: 352-353/2005

Keywords: Serbia; privatization.

Problems of privatization in Serbia.

The Common Foreign And Security Policy Of The European Union After The Lisbon Treaty

Zajednička spoljna i bezbednosna politika Evropske Unije posle Lisabona

Author(s): Jelena Babić / Language(s): Serbian / Issue: 17/2010

Keywords: European Union; Lisbon Treaty; common foreign and security policy; institutional changes; The High Representative of the Union; The President of the European Council

This article analyses the key changes, resulting from the Lisbon Treaty, in the institutional structure of the EU in the area of its common foreign and security policy, their impact on the effectiveness of the EU foreign relations, as well as the position of the EU as a global actor in international relations. The article specifically looks at the redefined role of the High Representative of the Union for Foreign Affairs and Security Policy and the newly-established role of the President of the European Council. The new Treaty, on which the EU is based, encourages further and deeper process of political integration in Europe as well as the role of the EU in the new, changed circumstances. For this reason, the article offers an overview of alterations in the field of security that the Lisboa Treaty entails.

CONSUMER PROTECTION FROM UNFAIR BUSINESS PRACTICES

ZAŠTITA POTROŠAČA OD NEPOŠTENE POSLOVNE PRAKSE

Author(s): Dženana Radončić / Language(s): Bosnian / Issue: 14/2014

Keywords: unfair commercial practice; information; general clause; misleading and agressive practice; black list; advertising.

One of the basic problems of modern consumerism is the lack of a truly informed and conscious consent of the will in consumer contracts, which commonly occurs because of unfair business practices that traders apply not only while advertising and marketing their products, but also during and after the purchase of products or services. Although the Directive on unfair business practices is not implemented in the Consumer Protection Act in B&H, the need for changing this legislative piece becomes evident after analyzing the existing defective mechanisms for examining the unfairness of business practices. Legislators are opting for different mechanisms for consumers, but no matter which path they chose, ultimately the goal is to reduce influence and effects of unfair business practices and to achieve rational consumer behavior. This paper presents an analysis of the legal framework for consumer protection against unfair practices under EU law and the law of Bosnia and Herzegovina, with the aim of emphasizing the basic mechanisms of testing unfairness and sanctioning unfair business practices. Based on the presented analysis, the conclusion is that the amendments to the Consumer Protection Act in B&H and ensuring adequate implementation in practice is uncompromising obligation that B&H must meet in process of EU integration.

Law on Public Procurement in BH through the prism of archival science

Zakon o javnim nabavkama BiH kroz prizmu arhivistike

Author(s): Elma Dervišbegović / Language(s): Bosnian / Issue: 41/2011

Since the Public Procurement Law has begun it’s implementation relatively recently, we must be cautious in regards to preservation deadlines of the documents that are created through it’s implementation.The Law and the implementation regulations have failed to regulate something that coluld apply to this situation, therefore we must think thoroughly on how to find a safe solution. Due to the importance of the concluded contracts, but also the undeniable importance of other documents, when valuating it we can put it in the first category and define permanent perservation for it. Withaout the intention to needlessly overwhelm the Archive, in the begining it will be enough to restrict ourselves to contracs, decisions and recomendations, as categories of permanent significance. This can serve as the temporary solution untill a better one is figured out and the legislator sets this legal area in order.

Public Appeal

Apel javnosti

Author(s): Anonymous Anonymous / Language(s): Serbian / Issue: 396-397/2007

Keywords: privatization; Jugoremedija;

Citizenship and Sovereignty in the Post-Westphalian European State

Građanskost i suverenitet u postvestfalskoj evropskoj državi

Author(s): Andrew Linklater / Language(s): Serbian / Issue: 1-4/2003

Keywords: Citizenship; Sovereignty; European State

About the rise of the modern state.

Contents

Sadržaj

Author(s): Author Not Specified / Language(s): / Issue: 13/2014

TOC of the Issue 13/2014

Contents

Sadržaj

Author(s): Author Not Specified / Language(s): / Issue: 11/2013

TOC of the Issue 11/2013

Origin And Development Of EU Law In The Field Of Energy

Nastanak i razvoj prava Evropske Unije u oblasti energetike

Author(s): Branimir Nešić / Language(s): Serbian / Issue: 2/2016

Keywords: EU law; energy; EU founding treaties; “First energy package of the EU”;

In this work is in concise form shown the development of European Union law in the sphere of energy.The major accent was placed on the genesis of the development of primary EU law in this area and basics which it is set, in purpose ofa better understanding of contemporary processes in the energy sector on the European continent. Particularly attention is given to the issues of the regulation of energy sector under the EU’s founding treaties, as well as issues of common European energy policy. In addition, an important place is taken by considerations related to the development of the EU aquis communautaire in this field, with particular accent to the analysis of “First energy package”, as a kind of basis for the modern instruments of legal regulation of the energy sector in the EU. All issues which was discussed in this work, was seen through prism of, in this moment, the most important issue of energy sector, the international cooperation in the field of construction of facilities for the transportation of energy.

Subject matter jurisdiction in settling disputes of insurer of the charterer against freight forwarder and ship operator arising from the damage on containers owned by the insured : [case review]

Stvarna nadležnost za postupanje u sporu između osiguravatelja naručitelja prijevoza protiv špeditera i brodara iz osnova počinjene štete na kontejnerima u vlasništvu osiguranika : [prikaz presude]

Author(s): Vesna Skorupan Wolff / Language(s): Croatian / Issue: 170/2016

Keywords: case review; jurisdiction; insurer; charterer; ship operator; transport; carriage of goods by sea; containers;

The charterer (the insured) transferred to the insurer all the rights referring to damages settled on the grounds of damage on containers occurred during transport by ship, in order to ensure payment by third parties. Thereby, the insurer (the plaintiff ) entered into legal relationship with the defendants regarding the damages arising from the contract on the carriage of goods (containers), concluded with freight forwarder and ship operators. This dispute carries the marks of an indemnity dispute arising from the concluded commercial contract. The contract was concluded between persons performing commercial activity. Considering the attributes not only of the defendants themselves, but also of the charterer who transferred to the insurer all the rights arising from the said harmful event, the competence in this case lies with the commercial court.

Ugovorno pravo osiguranja - komentar zakonskih odredaba [= Contractual Insurance Law - Commentary on Legal Provisions] (author D. Pavić) (Zagreb, 2009) : [book review]

Ugovorno pravo osiguranja - komentar zakonskih odredaba (autor: D.Pavić) (Zagreb, Tectus, 2009) : [prikaz knjige]

Author(s): Jasenko Marin / Language(s): Croatian / Issue: 163/2009

Keywords: book review;contractual insurance law;

Review of: Drago Pavić, UGOVORNO PRAVO OSIGURANJA KOMENTAR ZAKONSKIH ODREDABA, Zagreb, 2009., VIII+690 str. Izdavač: Tectus d.o.o.

Soviet "New Thinking" and the Safety of Yugoslavia

Sovjetsko "novo razmišljanje" i sigurnost Jugoslavije

Author(s): Anton Bebler / Language(s): Croatian / Issue: 02/1989

Keywords: Soviet "New Thinking"; Safety of Yugoslavia;

Numerous reforms in Soviet society and in the international activities of the Soviet Union, advanced with the arrival of M. S. Gorbatchov and summed up in the terms »perestroyka« and »new thinking« have provoked exceptional interest and attention of the group of countries in the immediate vicinity of the USSR, which includes Yugoslavia. The author believes that the Soviet government under M. S. Gorbatchov pursues in fact a policy of strengthening and furthering the Warsaw Treaty organization which happens to be not only contrary to the general Yugoslav platform of non-alignment, but even more precisely, contrary to the immediate interests of Yugoslavia’s safety. Therefore, he concludes, although in Yugoslavia there is much sympathy for the policy of »re-structuring« in the USSR, there is little likelihood that all its consequences will ha\e a politically, economically, and strategically positive impact upon Yugoslavia, at least not in short term perspective.Numerous reforms in Soviet society and in the international activities of the Soviet Union, advanced with the arrival of M. S. Gorbatchov and summed up in the terms »perestroyka« and »new thinking« have provoked exceptional interest and attention of the group of countries in the immediate vicinity of the USSR, which includes Yugoslavia. The author believes that the Soviet government under M. S. Gorbatchov pursues in fact a policy of strengthening and furthering the Warsaw Treaty organization which happens to be not only contrary to the general Yugoslav platform of non-alignment, but even more precisely, contrary to the immediate interests of Yugoslavia’s safety. Therefore, he concludes, although in Yugoslavia there is much sympathy for the policy of »re-structuring« in the USSR, there is little likelihood that all its consequences will have a politically, economically, and strategically positive impact upon Yugoslavia, at least not in short term perspective.

CATHOLIC THEOLOGY FACULTY IN ĐAKOVO IN UNIVERSITY OF JOSIP JURAJ STROSSMAYER IN OSIJEK

KATOLIČKI BOGOSLOVNI FAKULTET U ÐAKOVU U SVEUČILIŠTU JOSIPA JURJA STROSSMAYERA U OSIJEKU

Author(s): Gordana KRALIK / Language(s): Croatian / Issue: 2/2005

Govor rektorice Sveučilišta Josipa Jurja Strossmayera u Osijeku održan na Svečanoj sjednici Fakultetskog vijeća KBF-a u Ðakovu prigodom svečanosti ustanovljenja i obilježavanja prvog Dana Fakulteta u Ðakovu, 4. studenoga 2005.

International jurisdiction for online consumer contracts in European international private law

Međunarodna nadležnost za online potrošačke ugovore u Evropskom međunarodnom privatnom pravu

Author(s): Bojan Božović / Language(s): Montenegrine / Issue: 2/2019

Keywords: potrošači; internet; zaštita; ugovori; Evropska unija

Consumer protection is one of the most important tasks of the modern European Union. Although consumer protection in Europe has taken its toll half a century ago, it seems that these issues have never been more topical and better regulated. One of the most important consumer protections is established through the establishment of international jurisdiction. The topic of this paper is to investigate the level of this form of consumer protection when concluding online contracts with an international element. These issues are particularly relevant in the context of the increasing and increasing use of the Internet in commerce. One of the most interesting questions is which court can we turn to if a dispute arises and whether the topic is regulated at all in the European Union.

BATTLEFIELD PRAXIS: THE ALLIANCE OF REALISM AND CONSTRUCTIVISM AND THE “FALL” OF LIBERAL INTERNATIONALISM

BOJNO POLJE PRAXIS: REALISTIČKO-KONSTRUKTIVISTIČKI DUUMVIRAT I „POSRTANJE” LIBERALNOG INTERNACIONALIZMA

Author(s): Vladimir V. Ajzenhamer / Language(s): Serbian / Issue: 2-3/2017

Keywords: International Relations; Great Debates; Realism; Liberalism; Liberal Internationalism; Constructivism; Woodrow Wilson; Wilsonianism; Donald Tramp; Trampism

Great debates are an important stage in the development International Relations (IR) as a science. However, the „exactness” of its chronology and content, as well as the precise determination of the actors and results, is questionable on several grounds. Therefore, relying onthis, often contradictory, interpretations of the outcome of the Great Debates, little can be said on current state of the mentioned theoretical dialogue. Today IR scholars mostly talk about abandoning the idea of macro theory and the pluralistic silence in which medium-scale theories resonate in peace. However, this "diagnosis" still does not give us answer to the question of who really won in the figh of so-called big theories, or which theoretical paradigm today has the greatest influence within the disciplinary field? Applying the idea of reflexivity betwen theory of international relations and the practice of foreign policy, the author of this paper rejects the restrictions of the mythos of the discipline (at the center of which is the myth of the Great Debates) and turns to the analysis of international political praxis as an instrument for the identification of the mentioned theoretical impact. At the center of the analysis are the foreign policy principles of the United States, which the author reviews in a hundred-year time interval, in particular emphasizing the doctrine of Wilsonianism and the principles of foreign policy advocated by current US President Donald Tramp. Facing Wilsonianism and Trampism (determining, in turn, the latter as a realistic-constructivist Anti-Wilsonian coalition), the author offers his view of the current state of paradigmatic „clashes” in the theory and practice of international relations

Japan's position in East-Asia: from a regional force to a dependent balancer

Pozicija Japana u Istočnoj Aziji: od regionalne sile do zavisnog balansera

Author(s): Sanja Stanković / Language(s): Serbian / Issue: 1166-1167/2017

Keywords: Japan; balancing; the rise of China; World War II; offensive-defensice realism; hedging

The paper analyzes the position of Japan in the region of East Asia, with a reference to the historical course of time, from its rise to a regional and then to a great power, which used its capacity to achieve imperialistic goals. Also, the paper includes an analysis of the Japanese ability to regain the old position in the regional distribution of power, following the departure of the US controllers in 1952. A special consideration was given to Japan's strategy to maintain a status quo in the Far East in the new circumstances, primarily in the rise of China as a world power

MODERN JUDICIAL SYSTEM OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

MODERNI SUDSKI SISTEM UJEDINJENOG KRALJEVSTVA VELIKE BRITANIJE I SJEVERNE IRSKE

Author(s): Haris Silajdžić / Language(s): Bosnian / Issue: 2/2021

Keywords: judicial system; England; Wales, Scotland; Northern Ireland;

Judicial system of the United Kingdom went through many phases in it’s development. That process meant continuous development that lasted more than thousand years. Process was finished with Constitutional Reform Act from 2005. United Kingdom don’t have unique and generally accepted judicial system. So there is one judicial system for England and Wales, another one for Scotland and the last one for Northern Ireland. Modern judicial system of England, Wales, Scotland and Nothern Ireland will be shown through out of this paper. Every court included in court structure of these above mentioned states will be explained as well. Conclusion is last part of this paper.

Case 294/83, Parti Ecologiste les Verts v European Parliament

PARTI ÉCOLOGISTE "ZELENI" PROTIV EVROPSKOG PARLAMENTA. PRESUDA SUDA OD 23. APRILA 1986.

Author(s): / Language(s): Serbian / Issue: 1/2004

BUILDING OF THE EUROPEAN UNION - FROM FEDERALISM TO FUNCTIONALISM

KORENI STVARANJA EVROPSKE UNIJE - OD FEDERALIZMA DO FUNKCIONALIZMA

Author(s): Gordana Ilić / Language(s): Serbian / Issue: 1/1999

Keywords: EC Treaty; European Community; European Union; integration process; common market; institutional reform; political reform; economic and political union

The article deals with building of the European Union. While describing the history of the European Communities, the author analyzes the influence of the federalism and the functionalism in the evolution of the European integration process. The European Union is new stage in the European integration, with strong elements of both of two concepts of inter-state integration: the federalism as well as the functionalism. The author concludes that building of the European Union is evolutionary, dynamic and permanent process, in the sense of different stages of the institutional reforms. The ratification of the Treaty of Maastricht and signing of the new Treaty on European Union in Amsterdam, 1997, point to the continuous feature of the European integration.