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REFOULING ROHINGYAS: THE SUPREME COURT OF INDIA'S UNEASY ENGAGEMENT WITH INTERNATIONAL LAW

Author(s): Malcolm Katrak,Shardool Kulkarni / Language(s): English Issue: 2/2021

The complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case of Mohammad Salimullah v. Union of India, which involves the issue of deportation of Rohingya refugees from India, represents a challenge in this regard owing to the lack of clarity as to India’s obligations under the principle of non-refoulement. The paper uses the Supreme Court’s recent interim order in the said case as a case study to examine India’s engagement with international law. It argues that the order inadequately examines the role of international law in constitutional interpretation and has the unfortunate effect of ‘refouling’ Rohingyas by sending them back to a state where they face imminent persecution.

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CHINESE SOCIAL CREDIT SYSTEM: NEW CHALLENGES FOR THE RIGHT TO PRIVACY?

Author(s): Siniša Domazet,Majida Lubura,Ivona Šušak-Lozanovska,Nina Ilik / Language(s): English Issue: Supp. 1/2021

The Social Credit system (SCS) in China is being applied in an increasing number of areas of everyday life. This system is built around rewarding and punishing specific forms of social behavior. The question arises whether this system is a new challenge to the right to privacy. The study, which is supported by literature, sheds light on how novel this thought is. This paper uses the comparative method, normative method, and legal-logical methods of induction and deduction. According to the research, the SCS in basic is a state project. The key distinctions between the SCS and similar systems in Western countries include the impact on individuals, state dependency, punitive policy, the breadth of consequences, and cultural differences. In addition, one of the tools of the SCS in China is ‘shame’, which is focused on maintaining harmonious relations within a society. In the West, the focus is more on the citizens’ rights.

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РАЗМИСЛИ ОТНОСНО РИМСКОТО И СЪВРЕМЕННОТО СХВАЩАНЕ ЗА ДОГОВОРА

Author(s): Juan Manuel Blanch Nougués / Language(s): Bulgarian Issue: 1/2021

The aim of this article is to highlight the importance of the Roman legal terminology on contracts, origin of modern basic concepts such as contract, pactum, agreement, transaction (with mutual sacrifices by the parties), or unilateral promise etc., very abundant, from the legal theory’s point of view, in the Roman law. This ancient law is, nowadays, an indispensable tool referring the dialogue between the most widespread traditions in the world, i. e., the Roman-Germanic and the Common Law. In order to do that, even between national laws belonging to a common legal tradition, the analysis of the genesis and nature of the legal concepts in Roman law constitutes a fundamental task of legal interpretation. A review of the traditional theory of the sources of obligations in Roman law is also necessary. This paper, besides, affords the discussion of the recent reform of the French Civil Code concerning the sources of obligations (2016), as well as some of the different initiatives about the international unification of private law.

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КОНСЕНСУАЛНОСТТА НА РЕАЛНИЯ РИМСКИ MUTUUM. КОНТИНУИТЕТ И ДИСКОНТИНИУИТЕТ В УРЕДБАТА НА ДОГОВОРА ЗА ЗАЕМ ЗА ПОТРЕБЛЕНИЕ МЕЖДУ РИМСКОТО ПРАВО, ИТАЛИЯ И КИТАЙ

Author(s): Antonio Saccoccio / Language(s): Bulgarian Issue: 1/2021

Roman jurists had always included the loan contract among the real contracts. This is the result of a progressive refinement process started with the ‘birth’of the loan within the category of the 're obligari'. Through a riper consideration developed among the jurists, the old 're obligari' has been included in a more recent notion of 'contrahere re', where the role of the consent is definitely more relevant. A tension between the elements of the consent and delivery has been kept within the view of Roman jurists on this contract: Roman jurists had, on the one hand, vigorously defended the view of the loan as a real contract, on the other hand, had elaborated dogmatic models of loan contracts for which the delivery (traditio) was not anymore necessary for the production of the (obligatory) effects of the loan contract.

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DATIO IN SOLUTUM NECESSARIA В РИМСКОТО ПРАВО. РАЗВИТИЕ И НАСТОЯЩЕ – СРАВНИЕЛЕН АНАЛИЗ

Author(s): Verónica Daniela Díaz Sazo / Language(s): Bulgarian Issue: 1/2021

This research aims to analyze the figure of the datio in solutum necessaria from its origins to the present. All this, from the terminological and practical origin of the datio in solutum, but focusing specifically on the datio in solutum necessaria. The legal figure of datio in solutum necessaria finds its origin, according to the majority doctrine, after Justinian, so it is intended to systematize its evolution until today. In modern times, the datio in solutum necessaria is not estipulated in most legal systems, with voluntary payment being the option regulated by most of the current Civil Codes. However, it is intended to demonstrate that there are legal systems that remain faithful to Justinian Roman law when it comes to providing the datio in solutum necessaria in an express manner in their legal systems.

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THE IMPORTANCE OF THE ENGLISH LANGUAGE IN PUBLIC DIPLOMACY AND INTERNATIONAL RELATIONS

Author(s): Mirvan Xhemaili / Language(s): English Issue: 1/2022

The primary language of international relations and diplomacy is English. The representatives of international bodies communicate in the English language. It is vital to establish English as the official language for international organizations in facilitating more efficient collaboration internationally. English dominance in international communication becomes increasingly apparent. This study aimed at gaining a more in-depth understanding of the significance of the English language. It also aimed at identifying, describing, and explaining the importance of the English language in public diplomacy and international relations. The researcher used the descriptive research method in the study, notably; secondary data were used for collecting reliable conclusions for the research. The findings suggested that the adoption of formulaic language, particularly, idioms and idiomatic expressions to further embellish the phrases used in the arena of international relations or policy is a peculiarity of the English language. The study concluded that formulaic language and the adoption and usage of idioms is a distinguishing feature that diplomats and those who have a career in international law and international relations should master.

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МОРЕ И ПРАВО. НЯКОИ БЕЛЕЖКИ

Author(s): Mario Fiorentini / Language(s): Bulgarian Issue: 2/2021

The analysis of the legal sources of the second and third centuries AD, aims to highlight the fact thatthe inclusion of the sea among the res communes omnium, and the same this category developed by Marcian are not so much the mature fruit of the discussions developed among the imperial jurists but, on the contrary, an attempt to build a special category within the res publicae, open to anyone regardless of Roman citizenship, which, however, when it was created by Marcian, would need further reflection. However, such an in-depth study was not possible due to the lack of scientific activity of the jurists after Gordian III. A close analysis of the scene of Plautus’ Rudens is also carried out, in order to attempt a correct framing of the discussion on the historical process that involved the definition of the sea as res communis omnium.

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LITTORAL MARITIME – FONDEMENTS ROMAINS ET LEGISLATION BULGARE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2021

This article presents some fundamental issues related to the use of the sea coast: its status from the legal and material point of view, the possibilities for its private or public use, the possibilities de construction on the coast and the beach as well as in the seabed, protection of the environment and the natural resources of the sea and the coasts. In the two parts of the article are presented the concepts of Roman jurisprudence and the modern Bulgarian legislation as well as some current problems for the Black Sea coast.

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THE LAW OF THE SEA AND THE INTERNATIONAL ARBITRATION

Author(s): Ganeta Minkova / Language(s): English Issue: 2/2021

The aim of this paper is to study some aspects of the International Maritime Law, especially the settlement of disputes by international courts and tribunals. It examines at the way these institutions address contemporary problems. The study explores the role of the courts and tribunals and their potential to contribute to global justice.

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„НАШЕТО МОРЕ“ И СУВЕРЕНИТЕТЪТ

Author(s): Nataliya Kiselova / Language(s): Bulgarian Issue: 2/2021

From ancient times until today, the sea has been a border, but also - a link. The use of marine waters is dealt with in international maritime law, but it is a matter of international relations as well. A brief historical overview of the impact on the Black Sea over the centuries has been made. The problem of sovereignty is also derived from history. This issue remains relevant and controversial. In the paper, sovereignty is considered from a legal and geopolitical perspective.

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THE PROTECTION OF THE UNDERWATER CULTURAL HERITAGE IN EUROPEAN MARE NOSTRUM

Author(s): Vlad Vieriu / Language(s): English Issue: 2/2021

Beneath the surface of our seas there is another world and an entire page of European history. Despite natural factors, the sea might be one of the best and safest environments for both natural and cultural heritage. New advanced technologies allow us to discover and salvage these ancient treasures in a relatively new suite of efforts. This year we celebrate the 20th anniversary of the Convention on the Protection of the Underwater Cultural Heritage, adopted during the UNESCO's General Conference in 2001, a moment for millennia of our common memory, but also, a remarkable example of common effort in international law.

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L'INFLUENZA DI LITUS MARIS SULLA LEGISLAZIONE COSTIERA SPAGNOLA

Author(s): María Etelvina De las Casas León / Language(s): Italian Issue: 2/2021

The issue of litus maris is not a current concern to determining the coasts of individual countries. Roman law endeavours to analyze the question and above all to attend to the needs of a community. Although terminology may have evolved, the purpose has remained the same: concern for the environment and the legal regulation for the benefit of all mankind. When mentioning res communes omnium or res publicae, we ask ourselves whether they really have a different meaning or whether, on the contrary, we can consider them synonyms. In this sense, neither the sources, nor the doctrine is unanimous. From our point of view, however, everything boils down to a terminological and semantic problem, where the purpose is one and the same: to recognize a good of an entire community, which belongs to humanity and which we cannot make unlimited use of outside the legal system itself. Once again we find a topic that, although it seems contemporary, had already been taken into account in Roman jurisprudence and literature as well. And therefore, we see the impact and influence of Roman law on our contemporary legal system.

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Българският език като обект на законодателни инициативи в началото на XXI в.

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Българският език като обект на законодателни инициативи в началото на XXI в.

Author(s): Vladislav Marinov,Krasimira Vasileva / Language(s): Bulgarian Issue: 5/2022

The present study is the first one that aims to present a comparative analysis of the bills for the use of the Bulgarian language introduced in the Parliament since 2004. The conclusion reached as a result of the comparative analysis is that the texts of the bills have quite a lot in common rather than having differences in terms of both the main ideological positions and the weak points that prevented the adoption of such a law over the years. In addition to this, the conclusions impose the idea that a qualitatively new approach is needed in the drafting of the normative act– the law on the Bulgarian language should regulate a unified state language policy to protect the language as the basis of national identity and thus to encourage the development of education, science and culture in the Republic of Bulgaria.

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HISTORICAL AND CURRENT PREVALENCE OF THE ROMAN JURISPRUDENTIAL PRINCIPLE „TABULA PICTURAE CEDERE“

Author(s): Juan M. Alburquerque / Language(s): English Issue: 1/2022

In this study, we make and analyse a set of assessments and observations that seem to us more assumable, from historical and jurisprudential precedents, with the purpose of confirming the prevalent character of the principle of the proculeyan jurisprudence on the tabula picta, and its constant application until today, as can be seen in the current Spanish Civil Code. To this end, we will address: I. Introductory Summary: Accession in the Spanish Civil Code and preceding Roman jurisprudential problematic. II.Accessio as the most assumable framing and the possible differentiating profiles with specificatio. III. Possible indications related to the preceding beliefs, customs and traditions that may have motivated the change in the assignment of ownership to the painter. IV. Summary reference to some doctrinal comments on the alterations of the text of ІG 2.78, without abrupt changes in substance. V. Specific observations and analysis of the text of Gaius 2. 78: „Tabula picturae cedere“.

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НЕИМУЩЕСТВЕНИ АВТОРСКИ ПРАВА. ПРАВО НА ЗАПАЗВАНЕ ЦЕЛОСТТА НА ПРОИЗВЕДЕНИЕТО

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 1/2022

This article examines issues related to the legal nature of intangible assets, the nature and content of exclusive law as a subjective absolute civil right. The content of copyright as a set of property and non-property rights is clarified and a comparison is made between the anglo-american and continental understanding of copyright. The personal inalienable and alienable rights of the author are analyzed. Special attention is paid to the author's right to demand preservation of the integrity of the work and the consequences of its violation. They are considered features of this right and its exercise in the works created in the conditions of labor relations and by order. They have been studied issues related to the protection of the right to integrity and the determination of compensation.

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КЪМ ВЪПРОСА ЗА ПРИДОБИВАНЕ НА ЦЕННИ КНИГИ НА ПРИНОСИТЕЛ ЧРЕЗ ПРИДОБИВНИЯ СПОСОБ ПО ЧЛ. 78 ОТ ЗАКОНА ЗА СОБСТВЕНОСТТА И НЯКОИ НЕОБХОДИМИ ОТГРАНИЧЕНИЯ

Author(s): Dimitar Stoyanov / Language(s): Bulgarian Issue: 1/2022

The present article puts an emphasis upon the acquisition of bearer bonds from a non-owner in the context of art. 78, para. 1 of the Law of Property Act. Significant attention is devoted to establishing the content of the notion of “bonds” in order to assess which of the assets fall within the scope of application of the acquisition from a non-owner pursuant to art. 78, para. 1 of the Law of Property Act. Moreover, the present article aims to compare the means of acquisition applicable to bills of exchange, as established in art. 471, para. 2 of the Commercial Act, with the acquisition from a non-owner pursuant to art. 78, para. 1 of the Law of Property Act.

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ARBITRAL SETTLEMENT OF DISPUTES IN PROVINCES IN SHADOW OF THE ROMAN PROVINCIAL ADMINISTRATION

Author(s): Ivan Milotić,Ivana Jaramaz Reskušić / Language(s): English Issue: 2/2022

There are many records throughout the Empire from the imperial provinces dating to 1st and 2nd century AD that mention dispute settlements between tribal communities in which the Roman provincial administration had significant role. The intention of the Romans to intervene to such disputes was not so much motivated by the need to ordain how the dispute should be settled, but to ensure all the prerequisites that the dispute was ended quickly and efficiently. Romans intervened to all disputes that they perceived as potential dangers to their smooth administration of the province. The more dangerous the dispute was the higher provincial official was concerned with its settlement. Such approach to dispute settlements resulted with a high degree of standardisation of such procedures throughout the Empire which can be qualified as some kind of administrative arbitrations. Moreover, such approach reflected a consistent policy to disputes in those provinces where stabilisation of Roman government was still going on, or where tribal communities did still not fully adapt to the new Roman administrative system and territorial divisions. In their attempts to bring such disputes to an end, the Roman provincial magistrates used certain powers which were typical for their criminal jurisdiction, especially in initiating the dispute settlement and the enforcement of the award.

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SERVUS VILICUS AS INSTITOR

Author(s): Mirjana Miškić / Language(s): English Issue: 2/2022

Servus vilicus was slave placed at the head of a Roman villa rustica. The main sources in which we learn about the content of the duties and the powers of the vilicus are provided by Columella, De re rustica, I.8, XI.1, and XII.1, Varro, De re rustica, I. and the Cato, De agri cultura, CXLII–CXLIII. Having in mind that legal framework of his occupation is pretty unknown, it is justified to ask a question: was he (or maybe she) the institor? In the Digest, we find only the incidental remark that anyone appointed to cultivate the land may be considered as an institor (D.14.3.5.2). In addition, the institor was primarily engaged in trade, while the vilicus performed a wide range of the work. Beside that fact, vilicus was not exclusively engaged in agriculture, but also in some state services, which makes this notion even more complex and contradictory. However, the main question remains to be answered, whether the servus vilicus was a person who also legally obliged his master or his job was reduced to the actual management of the property?

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LA CONFERMA DELLA CONSUETUDINE DELLA PROVINCIA NEI GIUDIZI RESI IN CONTRADDITTORIO

Author(s): Petruţ-George Bran / Language(s): Italian Issue: 2/2022

Starting from a fragment from Ulpian (D. 1.3.34), the present paper aims at presenting other ancient sources and explore if provincial custom was accepted as / considered a self-standing source of law or if it was necessary for it to be confirmed in contentious proceedings. The research also presents the relations between custom and law.

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IL CULTO DI AUGUSTO- QUIRINUS NELLE PROVINCE

Author(s): Sara Lucrezzi / Language(s): Italian Issue: 2/2022

After the military victory and the conquest of the whole Empire, Augustus renforced his power through a large religious programm, to show that not only men, but also the gods were now in peace and all together engaged to ensure the glory of Rome. He presented himself as the new conditor, after Romulus, and had the idea to call himself Romulus or Quirinus (the divine transfiguration of the first king). An official cult of the emperor did not rise, for political caution, and in the several provinces, the consideration of the princeps took different forms. In some of the Eastern provinces people were allowed to look at him as a god, but generally, he had a different role: he was more powerful than a simple god.

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