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Resolving Contradictions in the Process of Interpretation of Treaties

Author(s): Rodoljub Etinski / Language(s): English Publication Year: 0

Various interpretative sources express the same being of a treaty - the intent of the parties. Supposing that the intent homogeneous, contradictions among the interpretative sources should not be expected. Due various reasons the contradictions are, however, occurring sometimes in the process of interpretation. Leading of the principle of harmony, which is based on homogeneity of design of the parties, judges will attempt to harmonize contradictory information arising from competitive interpretative sources, but when it is not possible, they will weigh significance of competitive sources and gave priority to some of them. A concept of proper interpretation, as established by the International Law Commission of the United Nations, informs that the rule, which has to be applied in the case, will determine significance of competitive interpretative sources. This paper was written to show that the mode by which a treaty replies to the disputed question may also determine significance of competitive interpretative sources.

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Међународно право у ери пандемије корона вируса

Author(s): Bojan Milisavljević / Language(s): Serbian Publication Year: 0

The paper discusses the impact of the coronavirus pandemic on the relations between states and international organizations in the international community. It considers and analyzes the means of diplomatic communication in new, changed circumstances and its impact on the quality of international relations. The cooperation of the states in the fight against the corona virus pandemic was especially analyzed. The importance of the World Health Organization in the fight against the corona pandemic virus was pointed out. The paper reviews the work of the United Nations, as well as other bodies in the system of this organization in the changed circumstances caused by the corona virus pandemic. Special attention is paid to ensuring respect for human rights during the corona virus and the actions of the executive and judicial authorities on that occasion. A review is also given of the basic economic issues that have proven important in the era of closing the borders for the flow of people and goods. The author also analyzes the procedures conducted within some countries in order to assess the extent to which measures introduced due to the corona virus pandemic were in accordance with international and constitutional law.

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The Right to Self-determination in International Law - Historical Perspectives

Author(s): Zoran Jovanovski / Language(s): English Publication Year: 0

The name of international law is derived from the Latin term jus gentium and it means the right of the nation or international law. International law also includes the term public international law or private international law. Public international law regulates relations, first of all between states, while private international law regulates the relation between persons with different citizenship in cases of dilemma in which in fact national law should be applied in a specific case, and thus its jurisdiction would be competent, etc. Universal international law actually applies to the entire international community, while regional international law applies only to states belonging to one region or area. International law has two structures, a vertical and horizontal. All states that are sovereign and independent represent the horizontal structure. This structure indicates that a given state is not subordinated to another state or an international organization, i.e. when a state must first agree to any restrictions. The vertical structure is slightly different, for example states can be merged to create certain international organizations that are capable of creating a binding effect on their members.

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Посебна радноправна заштита инвалида и радника привремено спријечених за рад

Author(s): Radislav Lale / Language(s): Serbian Publication Year: 0

Employed women, young workers and the disabled enjoy special protection at work. The says protection is provided for in the legal regulations of international and domestic labor law. This paper will systematically analyze the issue of special protection of the disabled, as persons with reduced ability to work, given that their ability to find appropriate employment and to maintain that employment is greatly reduced, compared to other persons. Namely, the reasons for their special labor protection consist in the need to be equal with others and in the realization of their socio-economic rights and freedoms at work and in connection with work. Also, special attention will be paid to the protection of sick workers i.e. workers who are temporarily incapable of work in terms of health insurance regulations.

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Одговорност држава у међународном праву: Осврт на савремене изазове и недостатке

Author(s): Matej Savić / Language(s): Serbian Publication Year: 0

Responsibility in law is a special legal institute which arises from the violation of someone else's right, i.e., a legal good that is protected by valid (domestic)state norms. The general legal principle implies that every illegal act entails responsibility under the law and duty of the perpetrator to correct (compensate) the damage caused. However, the situation in the International Legal Order is significantly different. Regarding its nature , constitutive elements, manner of application and validity of international legal norms, and subjects of International Law, International Legal Responsibility has a number of limitations, but also a much wider range of conditioning. The responsibility of states and other legal entities, especially in contemporary circumstances and processes, is one of the most important issues in field of International Law. Also, in this paper, special attention is paid to the limitations of international judicial institutions. but also to the shortcomings in the application and execution of sanctions in International Law, i.e. the lack of institutionalized sanctions in general. In this paper, the author primarily deals with aspects of state responsibility in International Law, and consequently issues related to the general definition of international responsibility of individuals and international organizations. Certainly, the paper deals with certain issues related to criminal responsibility, political, political-legal responsibility of states, as well as civil responsibility of states in International Law.

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Противречности "Инцковог закона" - забрана негације или негација слободе

Author(s): Mihajlo A. Vučić / Language(s): Serbian Publication Year: 0

The prohibition of negationism has become ever more present in contemporary legal systems, especially European ones. Bosnia and Herzegovina has recently followed suit with the adoption of the Criminal code amendment that prohibits negation of judicially established crimes that occurred during the civil war in this country, if the negations act is capable of inciting towards hatred or violence. In this article, the author presents a two-pronged critique of this legislative solution. The first one is based on the obligations of BiH towards Council of Europe's Convention on Human Rights and Fundamental Freedoms, which guarantees the freedom of expression for BiH citizens. The jurisprudence of the European Court of Human Rights restrictively interprets the exceptions to this guaranteed freedom. In the case of denial of historical crimes in other societies whose states are parties to the Convention, the Court was unwilling to side with the state in its wish to criminally punish the denial of these crimes. The Perinçek case is especially important for BiH situation, since it dealt with the genocide denialism by a historian and journalist who tried to prove the qualification of atrocities against Americans is untenable under international law and circumstances of the case. It would be interesting to see how the Court would react to a future case where the applicant would claim the breach of his freedom of expression due to criminal prosecution for denial of Srebrenica genocide. The second one is based on the author's previous research which shows that so-called memory laws, i.e. legal acts that tempt to exclusively interpret historical events, lead to further social instability in vulnerable societies - societies which have experienced civil wars in their past and have still not reached a common interpretation of these events that would be acceptable by all major social groups. Through the criminalization of denial of certain events from the traumatic and still unsettled history of BiH, the legislator has excluded a large portion of its society from the official debate over its common history and identity. Thus the law changes into an instrument of social control and pressures individuals to refrain from alternative interpretations of history, whatever their intentions may be.

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Посебан управни поступак избора у научно-наставна, умјетничко-наставна звања на универзитетима у Републици Српској

Author(s): Jelena Starčević / Language(s): Serbian Publication Year: 0

The procedure of awarding scientific-teaching and artistic-teaching titles to university teachers is one of the most complex administrative procedures in legislation of Republika Srpska. The complexity of this procedure results from several facts:in the first place, the multitude of legal acts governing this procedure, given that it is regulated by acts of the universities, of which there are currently nine, while the Law on Higher Education only provides for the minimum conditions for election but not the procedure in detail. Then comes diversity, i.e. heterogeneity of regulations: the fact that the regulations of the universities are not harmonized with each other and there are significant differences between them hinders significantly the mobility of teachers and associates from one university to another. Finally, the complexity of large number of independent and collegial bodies participating in this procedure. Harmonization of regulations concerning conditions for awarding titles was conducted (or at least an effort was made to do so) by the Law adopted in 2020, which stipulated minimum conditions for awarding titles and set the grounds for adoption of one more general acts - Rule book on criteria for awarding titles. However, the work on this act has not been completed yet because there is a disagreement in the academic community regarding some important questions. The paper, through a comparative review , analyzes systematically the procedure for awarding titles, stages in the procedure , legal inconsistencies, legal gaps and gives proposals to promote the situation. The paper also takes note of the relationship between general and specific laws in this area and indicates the importance of respecting general legal principles of administrative procedure when deciding on this issue.

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Примена теста интегритета у контроли корупције

Author(s): Bogdan Pušić / Language(s): Serbian Publication Year: 0

Corruption poses a negation of professional integrity. Personal integrity and moral values constitute the basis on which professional integrity is built, along with consistency in respecting laws and occupational standards in performing professional jobs. The subject of the paper is the analysis of the integrity tests and the manner of their implementation., i.e. implementation problems. The integrity test is an important tool for combating corruption and is the most widely used tool in control of police corruption worldwide. The first part of the paper shall be focused on the analysis of the general characteristics of the integrity tests, their types, enforcement agencies, as well as the manner of their use. The Police Law of the Republic of Serbia, within the subtitle "preventive activities", provides for the use of the integrity tests. Within the Ministry of the Interior, the integrity testing is conducted by the Internal Control Sector. Integrity tests determine whether the tested civil servant, being put in a tempting situation, behaves in accordance with laws and professional ethics. The use of integrity tests in the prevention of corruption also raises a number of ethical and legal issues that need to be answered. On the one hand, there is the issue of endangering one's dignity, provocation and incitement to illegal behavior, and on the other hand, the powers of a state authority to use it as a necessary instrument for combating corruption. The second part of the paper presents the data pertaining to the use of integrity testing by the Internal Control Sector of the Ministry of the Interior of the Republic of Serbia. Finally, the paper is concluded with the author's position on the necessity of using integrity tests in the control of police corruption.

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Противрјечност стандарда конституционализма и конституционалне демократије и постојања и надлежности институције Високог представника у Босни и Херцеговини

Author(s): Mile Dmičić / Language(s): Serbian Publication Year: 0

The General Framework Agreement for Peace in Bosnia and Herzegovina (hereinafter Dayton Peace Agreement) with 11 Annexes is one of the most significant international agreements. Constitutionalization gave Bosnia and Herzegovina qualities of complex state sui generis in many respects. In violation of legacy and standards of constitutionalism and constitutional democracy, High representative, by passing decree not pursuant to Annex 4 but to Annex 10 of B&H Constitution, amended entity constitutions, passed new and amended existing laws, exerted influence on parliamentary, executive and judicial authorities, removed form office civil servants and members of political and public life, decided on subject-matter jurisdiction and territorial jurisdiction of courts, established new institutions in B&H etc. In the context of disagreements with the actions of the eight High representative, such situation only strengthened internal division and enhanced dissolution processes, especially in light of efforts to centralize and unify the state and favor one - the largest in number ethnic group, all under the pretext of creating functional state. Thereby, High representative and International community committed an undemocratic act incompatible with the time we live by raising the issue of feasibility of resolutions achieved by Dayton Agreement and the need to end the mandate of High representative in B&H, which jeopardize the process of constitutionalization and EU integrations.

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On the Methods of Selection of Judges of Constitutional Courts

Author(s): Goran Marković / Language(s): English Publication Year: 0

The purpose of this work is to analyze different methods of selection of judges of constitutional courts: election of parliament, nomination by head of state, and mixed method which means that three institutions elect and appoint a third of judges each. Each method of selection is only a part of a wider system of selection of judges, since the latter also includes issues such as: term of office, possibility of re-election, professional qualifications, and procedure for election/appointment. However, due to methodological reasons, the author decided to explore only one of elements of these systems. Using legal and comparative methods as well as general theoretical approach to basic constitutional principles, such as popular sovereignty, democratic legitimacy, accountability and merit, the author analyzes both positive and negative aspects of all three methods of selection. He also advocates one of these - election of judges by parliament on a proposal of an independent body, and offers his arguments in favor of this method.

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Vladavina prava između zakona i prakse: implikacije nepovjerenja građana u crnogorsko pravosuđe

Author(s): Milica Anđelić / Language(s): Serbian Publication Year: 0

In this paper the author deals with the challenges of conflict of interest and corruption for the realization of the ideals of the rule of law, as well as for exploring he implications of the presence of corruption for the efficiency of the entire judicial systems. Although, countries such as Montenegro are relatively successful in strengthening their technical and organizational capacities in the field of justice, they face a number of challenges. Namely, the exerted political pressures as well as the lack of integrity are the reason why judiciary often does not attain its constitutional and legal competences. The state and the judiciary itself face the problem of eroded trusts of citizens in the system. Paradoxically, although laws which are harmonized with the EU acquis are being adopted, such efforts have been undermined by the problem of corruption, which is affecting the growing distrust of citizens. The paper is aim to show that the corruption does not only affect the rule of law, but also democracy and human rights in general, contributes to the threat to justice and the realization of social justice. In such conditions, with the growing distrust of citizens in the judiciary, corruption is indirectly encouraged and citizens take an attitude of apathy towards injustice.

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Legal Sources of the Croatian Law on Liability for Damages Caused by Physical Injury, Death or Health Impairment of a Crew Member (Seaman)

Author(s): Dragan Bolanča / Language(s): English Publication Year: 0

The crew of maritime ship includes the captain and other personnel who are entered in the crew list to perform different duties on ship. In this paper, authors analyse and compare the legal sources of the Croatian law on liability for damages caused by physical injury, death or health impairment of a crew member (seaman or seafarer). The authors describe legal provisions contained in the derogated Maritime Code (1994), the present Maritime Code (2004)and the Civil Obligation Act (2005). In their concluding remarks, they point out that the Croatian legal solutions could be regarded as being very successful.

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Uticaj pandemije COVID-19 na ugovornu odgovornost

Author(s): Katarina Jovičić,Slobodan Vukadinović / Language(s): Serbian Publication Year: 0

The aim of this work is to, starting from global pandemic of COVID-19 virus which also affected the area of law, explore the impact of COVID-19 on contractual liability. Having in mind the principle pacta sunt servanda, exceptional circumstances that may release debtor from contractual liability are being examined. By applying historical-legal and comparative-legal research method, the common and recognizable situations and events are discussed which in different legal systems release debtor form contractual liability. The legislative techniques used in European-Continental and Anglo-Saxon legal system for regulation of this legal issue are indicated. In addition authors analyze the latest trends in comparative law that show the impact of COVID-19 on this issue, with aim to examine weather COVID-19 leads to exemption from contractual liability or not.

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Слобода изражавања и ауторско право

Author(s): Svjetlana Ivanović / Language(s): Serbian Publication Year: 0

The purpose of copyright is to protect creative expression of ideas and to encourage creativity. A work of authorship is individual creation which expresses author's opinion, attitudes and feelings, regardless of the quality or permissibility of the content. On the one hand copyright enables freedom of expression, and on the other hand, it is possible to ask whether freedom of expression can endanger copyright. The use of copyright work in order to make alterations can violate the right to integrity of the work, and the copyright protection could impose constraints on artistic freedom. The latent conflict between copyright and freedom of expression exists particularly in the online environment, in the era of social networks and various online platforms. Copyright enforcement measures on the internet, such as blocking access, filtering and removing content, raise the question of protecting one right and infringing the other. The European Union Directive on Copyright and Related Rights in the Digital Single Market imposes obligations on internet intermediaries, which could potentially restrict freedom of expression on the global network, an issue that should be decided by The Court of Justice of the European Union. It is questionable whether copyright is gaining a new role in the digital environment and is becoming and is becoming a tool for censorship on the internet. The analysis of the interplay between copyright and freedom of expression on the internet will be presented in this paper.

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Strict Product Liability Over Medical Care Providers : What's the Status in Current USA Law

Author(s): Samir Manić / Language(s): English Publication Year: 0

In most legal systems, at the current level of development of legal relations, there is a tendency view for the damage caused by the deficiency of products, and it existed at the time of its selling period, objectively its producer bears the responsibility. Besides an evident fact that medical means have product's character, there is a a question related to damage a patient suffers from a medical means with deficiency, can besides a producer, also be responsible a health employee/health institution that by using such means caused damage to a patient. Although, with the effort of health employees, responsibility for this damage has been mostly on producers of medical means, where they had the support of a court practice, it is evident there is also a higher need for health employees/health institutions to be responsible for this damage.

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Интернет коцкање: постављање проблема и могућа решења

Author(s): Bogdana Stjepanović / Language(s): Serbian Publication Year: 0

The development of technology also had an impact on the field of gambling. Internet casinos are becoming more and more common. From the nineties of the last century, when it first appeared, until today, a constant increase in Internet gambling has been noticeable. The increase in the availability of both the Internet and the devices through which it can be accessed has also led to changes in the field of gambling. Today, Internet gambling is the fastest growing gambling model in the world, which greatly changes the established forms of gambling and the participation of the people in this activity. Many countries significantly restrict or ban online gambling, but it is allowed in most European countries. Considering the wide range of different types of gambling and their availability to a large number of people of different ages, internet gambling has become one of the most popular and lucrative jobs on the Internet. Along with its appearance, there was social concern about the effects that this type of gambling would have on society. Social and economic concern about gambling on the Internet is caused by the fact that it is easily accessible, that it is resorted to by younger generations, often minors, that they miss noticing the onset of the diseases that may occur s a result of gambling. The goal of writing this paper is to review the current state of internet gambling in the world and in our country, to analyze the problems it causes in practice, to review the legal regulations on this issue, as well as to consider the protection of most vulnerable group. At the very end of the paper, a proposal is made for reducing, if not overcoming, the mentioned problems.

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Квалификација уобичајеног боравишта: правно или чињенично питање

Author(s): Dragana Damjanović / Language(s): Serbian Publication Year: 0

Habitual residence is a term created by the Hague Conference on Private International Law, with the aim of overcoming the differences between countries that proffered citizenship as a point of attachment in status, family and inheritance relationships and those countries that preferred domicile in this sense, and difficulties in interpretation of domicile itself. The Hague Conference turned to the habitual residence, and over time it became the dominant criterion both for determining the applicable law and for determining jurisdiction, not only in the instruments of the Hague Conference for International Private Law, but also in the law of the European Union, and international legislations. At the same time, as a plus on the side of habitual residence, its factual character is emphasized, which allows it to be determined in each case separately. , However, the question arises whether habitual residence is a factual or legal issue? In the paper, the author tries to provide answers to the above and some other questions, trying not to violate the idea of habitual residence as a flexible point of attachment.

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Разлози искључења одговорности продавца усљед постојања материјалних недостатака

Author(s): Tijana Baćović / Language(s): Serbian Publication Year: 0

Seller is liable for defective goods at the moment of transfer of risk (which in our legislation is equivalent to time of surrender of goods) regardless of his awareness of material deficiency of the goods. Seller is also liable for the deficiency of goods which occurs after transfer of risk if the said deficiency is the result of the cause that existed before the transfer of risk. The ground for seller's liability is not culpability, but protection of one of the fundamental principles of law of obligations - principle of consideration (exchange of values). Although the seller is liable for defective goods irrespective of culpability, there are cases where his liability is excluded. The author will point to reasons for exclusion of such liability provided for by the legislation of Republic of Srpska, comparative law and legal acts of the European Union with the aim of protecting consumers, providing at the same time an overview of legal theory and case law concerning this matter.

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Универсалната юрисдикция в международното право

Author(s): Tsvetana Kamenova / Language(s): Bulgarian Publication Year: 0

One of the problems that have not been developed yet in our doctrine of international law is the issue of “Universal Jurisdiction”. This issue is significant and much debated. Many believe that the application of universal jurisdiction in the bipolar world that we currently live in, cannot have a bright future, because it is frequently manipulated for political ends.

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Модернизация на правото на международна търговия в подкрепа на иновациите и устойчивото развитие. Петдесет години УНСИТРАЛ

Author(s): Tsvetanka Spasova / Language(s): Bulgarian Publication Year: 0

The report is marking the 50th anniversary of the founding of the United Nations Commission on International Trade Law (UNCITRAL). The study's focus is on existing and upcoming initiatives to modernize international trade law in support of sustainable development and innovation, while some challenges posed by the development of technology are examined.

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