L´ATTIVITÀ DELLO SCAPHARI COME PRECEDENTE DEL CONTRATTO DE MOVIMENTAZIONE PORTUALE

Author(s): Tewise Yurena Ortega González / Language(s): Italian Issue: 2/2021

In this study we intend to briefly analyse one of the contracts that the Maritime Navigation Law classifies as „contracts auxiliary to navigation“, the port handling contract, trying to establish the existing connections between the current regulations in relation to the activities carried out by port operators, the contractual modality and the liability regime, as well as the activity carried out in the ports of ancient Rome by the professional staff of the scaphari.

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.

Słowo od Redakcji: Nowe stulecie RPEiS / Editorial: Into the second century of the Poznań Journal of Law, Economics and Sociology

Author(s): Marek Smolak / Language(s): English,Polish Issue: 1/2022

EVALUATING THE ROLE OF TOURISM IN THE ECONOMIC DEVELOPMENT OF THE REPUBLIC OF ARMENIA AND OTHER MEMBER STATES OF THE EURASIAN ECONOMIC UNION

Author(s): Gayane Tovmasyan / Language(s): English Issue: 3/2022

Tourism has a significant role in the economies of many countries. It creates jobs, brings money, promotes investments, decreases poverty, develops infrastructures, etc. Many research works try to evaluate the role of tourism development on the economy. The article evaluates the role of tourism development in the economy of Armenia and checks the Tourism-Led Growth Hypothesis (TLGH). With the help of statistical methods, the article evaluates the connections between tourism total expenses (visitor exports, domestic spending, government spending, and capital investment), the number of tourists and tourism total contribution to GDP, employment and other indicators. Besides, the correlation analysis between these indicators was done for the Member States of the Eurasian Economic Union. The results show that the increase in tourism expenses and the number of tourists will increase GDP and employment. However, the change in tourism contribution to employment is not so high, which was explained by different reasons. The same is the case for other countries of the Eurasian Economic Union. The article results may be helpful for future studies, as well as for government agencies for evaluating tourism contribution to economic development and for elaborating tourism development policies.

ACTUAL CHALLENGE IN INTERNATIONAL CORPORATE TAXATION: SHIFTING THE OBLIGATION OF CONDUCT INTO OBLIGATION OF RESULT

Author(s): Mihaela Tofan / Language(s): English Issue: 3/2022

The research answered whether cooperation in ruling corporate taxation, a traditional obligation of conduct of sovereign states, was undergoing profound transformation into the obligation of result. The analyzed topic was not whether the tax authorities want or should cooperate (which is answered per se), but rather how to appropriately respond to the international taxation requirements for strengthening the multilateral agreements. Tax authorities worldwide have expressed concerns about identifying efficient regulation, and the development of multilateral agreements to combat tax evasion was under long and often unproductive negotiation. The empirical analyses of relevant literature and jurisprudence helped formulate an opinion on the regulation’s efficiency in strengthening multilateral taxation. The need to change the nature of the state’s obligation to negotiate fiscal regulation was not mentioned explicitly in hard law. Still, it was indirectly supported by soft law instruments, such as state representatives’ continuous yet divergent dialogue and the approaches presented in the international courts’ jurisprudence. The consistent influence on the obligation to support developments in international law in corporate taxation was justified, given the limit when considering its conduct nature, compared to potential benefits generated by the obligation of result.

THE CHALLENGES TO WOMEN’S ENTREPRENEURIAL INVOLVEMENT IN THE HOSPITALITY INDUSTRY

Author(s): Rimsha Khalid,Mohsin Raza,Anusara Sawangchai,Hassan Raza / Language(s): English Issue: 3/2022

Entrepreneurship is one of the growing trends, and studies are focusing on it generally. However, this study is mainly focused on women’s entrepreneurship. This study intends to measure the impact of work-family interference, socio-cultural support, access to finance entrepreneurial skills, and legal constraints on women’s entrepreneurial involvement through the mediation of self-leadership in the hospitality and tourism sector. This study has chosen a quantitative approach, collecting data through surveys. The snowball sampling method was used for data collection from women of Pakistan, and data was analyzed through the PLS-SEM method. The result of the present study affirms that work-family interference, social and cultural support, and entrepreneurial skills are significantly associated with women’s entrepreneurial involvement other than access to finance and legal constraints. Moreover, self-leadership significantly mediates between (work-family interference, socio-cultural support, and access to finance) and women’s entrepreneurial involvement except for entrepreneurial skills and legal constraints. The present study’s findings affirm that formal or informal institutions influence women’s entrepreneurial involvement. This study may help women entrepreneurs understand the factors and policymakers to make policies for women entrepreneurs in the hospitality sector.

RECENT MINORITIES IN SIBIU. SIMILAR PROBLEMS, SIMILAR SOLUTIONS

Author(s): Nicoleta Annemarie Munteanu / Language(s): English Issue: 2/2022

The recent minorities in Sibiu are at an early stage in the development of organizational structures, trying to make their voice heard regarding certain issues that affect its members.This policy paper aims to facilitate the offer of public policies solutions for the recent minorities in Sibiu: Arab, Bessarabian, Ukrainian, and Chinese, to identify solutions that may have a common denominator, to establish a way of cooperation, and to inspire the development of joined projects. As a result of the workshop, the policy paper will be sent to the institutions and authorities with attributions in this field.

EFFECT OF CORRUPTION ON FOREIGN DIRECT INVESTMENT INFLOWS IN COUNTRIES OF THE WESTERN BALKANS

Author(s): Artan Hajdini,Lum Collaku,Safet Merovci / Language(s): English Issue: 1/2023

The purpose of this study was to investigate the effect of corruption on Foreign Direct Investment (FDI) in the Western Balkans countries, including Bosnia and Herzegovina, Croatia, Kosovo, Montenegro, North Macedonia, Serbia, and Albania. Secondary data from The World Bank, Transparency International, and International Monetary Fund databases were utilized to complete this study for 2012-2020. The built model of multiple linear regression included four independent variables, namely: Corruption Perception Index (CPI), Western Balkan Corruption Ranking (WBCR), Exchange Rate (EXG), and Inflation Rate (INFL), as well as FDI as a dependent variable, and data effects were analyzed through the SPPS scientific research software program. The results found that if CPI and WBCR were to increase by one unit, FDI would decrease by 0.088, namely 0.624, while if EXG and INFL were to increase by one unit, FDI would increase by 0.165, namely 0.236. In order to fight corruption and potentially attract more foreign direct investment, the governments of these countries should work to harmonize their anti-corruption laws with those of the European Union. In order to prevent the negative consequences of FDI inflows, they should also maintain a balanced rate of inflation, which entails stabilizing exchange rate fluctuations.

LES CONTACTS DE L’EMPIRE ROMAIN AVEC LES HABITANTS DE LA SILÉSIE AUX PREMIERS SIÈCLES DE NOTRE ÈRE

Author(s): Piotr Sadowski / Language(s): French Issue: 2/2022

Today, Silesia is a large region located in the south-western part of Poland. A very small part of Silesia is currently in the Czech Republic and an even smaller part in Germany. In this paper, the author, Professor of the University of Opole, Piotr Sadowski, points to the examples evidencing the contacts between the ancient Romans and the inhabitants of Silesia at that time. He also asks about the nature of these contacts. He is convinced that the current cultural identity of Silesia, apart from Polish, German and Moravian factors, was also influenced by the achievements of ancient Roman culture. The author is aware of how many divergent views exist as to the ethnic affiliation of the inhabitants of Silesia in the first centuries of the Roman Empire. Probably at that time the representatives of various ethnic groups lived there, forming a union of tribes controlling the Аmber route. Numerous findings, especially the so-called Roman imports indicate that a number of Roman goods reached them - just recall a beautiful silver cup with plant and animal motifs from the 1st century AD found in Gosławice (today the part of Opole). The nature of Roman-Silesian contacts was influenced by the geo - political situation of peoples living between them. There was a time when Marcus Aurelius wanted to create two new provinces, Marcomanniа and Sarmatia. However, that did not happen. The Marcomannic Wars caused that trade relations in today's Silesia decreased and gave way to the political ones, as evidenced by the furnishings of the magnificent graves from Zakrzów (now the part of Wroclaw). Summing up, from the 1st century BC to the 5th century AD, the lands of today's Silesia were under strong influence of imperium romanum, initially most of all economic, later more political.

THE LAW OF ROMAN EGYPT

Author(s): Sanja M. Gligić / Language(s): English Issue: 2/2022

Unlike Roman Law, Egyptian Law can be learned from individual legal documents. Since no written Egyptian Law and fact that a little has been preserved from a collection of laws (i.e., „Hermopolis Legal Code“), scholars traditionally get knowledge about Egyptian Law from contracts, deeds, family archives, judgments, wills and accounts of criminal trials. The special problem is the fact that the study of Egyptian Law is further complicated by pre-created dogmatic ideas about the superiority of Roman Law and jurisprudence. However, at the moment when Egypt became a Roman province, the Egyptian Law was applied in practice (which already took a lot from Greek Law at that moment) and at the same time the influence of Roman law began to be noticed.

LE DROIT FÉTIAL ET BELLUM IUSTUM DANS LE CONTEXTE DES GUERRES DACO-ROMAINES ET DE LA POLITIQUE IMPÉRIALE ROMAINE D’ANNEXION DES PROVINCES

Author(s): Teodor Sambrian / Language(s): French Issue: 2/2022

The existence of the Roman State, from its foundation to its disappearance, was disrupted by short interruptions, under the sign of the god Mars, war being an essential element of Roman society. Under these conditions, among the multitude of priestly colleges that operated in Rome since the most ancient times, the College of Fetiales had a particular importance from a political and institutional point of view. Its attributions were mainly related to the declaration of war and the monitoring of treaties concluded by Rome with other nations. The subject covered in this article is structured in the following sections: the supposedly controversial origin of the College of Fetiales; the content and nature of fetial law; the legal-religious rituals of the declaration of war; the adaptation of fetial law to the imperial status of the Roman State; the concept of „bellum iustum“ in the wars waged for the conquest of Dacia and its transformation into a Roman province; some thoughts on the Roman concept of bellum iustum piumque in the contemporary world.

THE DACIAN WAX TABLETS (TABULAE CERATAE) FROM ALBURNUS MAIOR: A PROVINCIAL TESTIMONY OF THE RELIABILITY OF METROPOLITAN LAW

Author(s): Valerius M. Ciucă,Bob Mircea Dan / Language(s): English Issue: 2/2022

Dacia was, between 106 and 275 AD a Roman province , known under the surname of Dacia Felix. Our contribution takes advantage on a circumstance, at least as happy as the province was considered to be: the existence of the wax tablets of Alburnus Maior (nowadays Roșia Montană, in Alba County, Romania . Also known as Triptychs, some are valuable sources of historical and legal informations, while others simply record scenes of social life. Uncovered between 1786 and 1855 out of the former provincial golden mines, they are a priceless account of the way locals transplanted the Roman Classical Law. In fact, this very direct application of Roman Law in the Dacia province was, among other Transylvanian epigraphic testimonies , also demonstrated by these waxed tablets (tabulae ceratae Alburnense ). Those juridically relevant were studied by Romanian legal historians such as Ion Peretz, Ion Baltariu , Vladimir Hanga . Our purpose here is to give a brief account on how the vulgarisation of Roman Classical Law took place in this part of the Empire.

ADMINISTRATION OF THE ROMAN PROVINCE DACIA

Author(s): Maria Albu / Language(s): English Issue: 2/2022

At the time of the conquest of Dacia, Rome was in terms of the form of government, in the phase of the Principate, the era inaugurated by Octavian Augustus. In terms of territory, Rome ruled a vast territory stretching from England to the Middle East and from Gaul to Egypt. Immediately after the conquest, Dacia entered the process of administrative, economic and military integration, as provided by the rules of Roman public law. According to these rules, it was organized as a separate province, with its own administrative, military and fiscal authority.

ROMAN LAW AND THE SERBIAN MEDIEVAL STATE

Author(s): Nebojša Ranđelović / Language(s): English Issue: 2/2022

The geographical space of the development of the Serbian medieval state was part of the origin and development of Roman law. The Serbian medieval state and its law would inevitably be created on the basis of the Byzantine tradition. The Byzantine Empire itself was the Eastern Roman Empire both by tradition and by all the features of society, state, law, and even by name. Its law and state organization, adapted to the new social relations and feudal order, were not negations, but a continuation of the Russian state-legal tradition. In such an environment, the Serbian medieval society and the Serbian state developed on the foundations of this tradition, incorporating their customary law into it. Serbian medieval legislation, rounded off by Dušan's Code, is a material witness to the aforementioned postulates.

LA CREATION DE LA PROVINCE ROMAINE DE MOESIA INFERIOR SUR LE TERRITOIRE DE LA BULGARIE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2022

In the Roman provinces of Moesia Inferior and Thrace, created at the beginning of the 1st century AD, there is a mutual penetration of the traditions of government, culture and religions of the Thracians, Greeks and Romans. This creates a specific basis for the development of legislation and the legal framework of a number of institutions specific to this region, especially in the province of Lower Moesia, which was not urbanized before the arrival of the Romans. Despite the few sources of data for this period, historical science in Bulgaria as well as other research for the region has had significant successes in reconstructing the political, economic and social situation in this Roman province. However, less attention is paid to provincial law, which poses a challenge for Bulgarian Romanists.

LEVERAGING EMPLOYEE ENGAGEMENT FOR COMPETITIVE ADVANTAGE: SATISFACTION AND WORK MOTIVATION MANAGEMENT

Author(s): Faruk Ahmeti / Language(s): English Issue: 2/2023

Companies must continually adapt to technological advancements to gain a competitive edge and enhance performance. Active employee engagement plays a crucial role in achieving and improving performance, necessitating promoting motivation and job satisfaction. This study explores the relationship between motivation, job satisfaction, and employee performance, with employee engagement as a mediator. Specifically, the research focuses on Information Technology (IT) companies in Kosovo and various locations across the European Union involved in different projects. The sample for this study comprises 112 respondents selected through convenient sampling. The research model is analyzed using Partial Least Square (PLS) analysis with SmartPLS 3.0 software. The empirical findings indicate that motivation positively influences employees’ engagement and performance in various IT positions. However, job satisfaction has no direct impact or exerts a relatively low influence. Nonetheless, employee engagement significantly enhances employee performance by mediating the effects of motivation and job satisfaction. The research findings have significant managerial implications, emphasizing the importance of actively promoting motivation, innovation, and job satisfaction to increase employee involvement and achieve desired outcomes.

INFORMING GLOBAL HEALTH DIPLOMACY: EXAMINING HEALTH AND PEACE THROUGH THE LENS OF THE GLOBAL BURDEN OF DISEASE

Author(s): Tomislav Meštrović,Driton Kuqi,Goran Bandov / Language(s): English Issue: 2/2023

In this study, we aimed to examine the interconnectedness of health and peace, recognizing its significance within global health diplomacy, international relations, and human rights. For that purpose, we used the results from previous and ongoing Global Burden of Disease studies, which represent a comprehensive systematic appraisal of health problems and risks affecting populations worldwide. This paper could use its methodological underpinnings to analyze the impact of war, conflict, and terrorism on mortality and overall human health. In 2000, war and conflict were responsible for an estimated 310,000 deaths globally, compared to 2019, when this number decreased to 69,000. Recent findings reinforced the association between war, conflict, and increased all-cause mortality. Interpersonal violence also significantly contributed to human health loss resulting from disrupted peace. In Europe, disability-adjusted life years due to injury – including those caused by conflict – declined between 2000 and 2019. As we prioritize global health, peace-building initiatives, and global health diplomacy, big data will increasingly play a substantial role in accurately predicting and describing the health effects related to conflicts.

EVALUATION OF THE PRINCIPLE OF TAX FAIRNESS IN THE TAX ON INCOME OF NATURAL PERSONS IN THE REPUBLIC OF NORTH MACEDONIA

Author(s): Sejdefa Dzafche / Language(s): English Issue: 2/2023

The paper analyzed the development stages in the taxation of the income of natural persons in the Republic of North Macedonia through the prism of their compliance with the theoretical approaches in regulating the matter of income taxation. For this purpose, the initial stage of this research was the review of the impact of frequent amendments to the regulatory framework (relevant legislation) on the realization of the principles of vertical and horizontal justice. In the analysis of the normative-legal framework, the primary focus was the regulation’s influence on the realization of the principle of justice in taxation in the legal system of the Republic of North Macedonia (RNM). Additionally, the teleological method was used to identify the level of realization of the goals and functions of the RNM tax system. In that context, the effects of income taxation on the redistributive function were analyzed. The basic hypothesis from which the paper starts is that the frequent changes and modifications in income taxation concepts resulted in violating social-political principles in taxation. The research results indicate an inconsistency in the development of the system of income taxation of natural persons in RNM, which leads to a violation of the vertical and horizontal justice and the redistributive function of the income tax.

THE NON-MAJORITY COMMUNITIES’ RIGHTS IN KOSOVO: IMPLEMENTATION OF THE RIGHT TO EMPLOYMENT AND EDUCATION

Author(s): Sabiha Shala,Gentiana Gega,Emirjeta Berisha / Language(s): English Issue: 2/2023

International and national legislation guarantees the right to employment and education for every citizen, including members of non-majority communities. As a multi-ethnic state, Kosovo has very advanced legislation to guarantee access to employment and education for members of its non-majority communities. This study aimed to examine the actual level of enforcement of these two rights by members of non-majority communities. Relevant scientific works, local and international legislation, and statistical data on the level of access to the labor market and the education system of non-majority communities in Kosovo were consulted for this study. The research results show that access to the labor market and the education system varies across communities and has not continuously increased in 2015-2021. The situation has particularly affected the RAE community, which has the highest percentage of unemployment (over 90%) and the lowest access to pre-university education (below 5%). Therefore, this article recommends that relevant stakeholders take measures to ensure the proper enforcement of access to employment and education rights for non-majority communities in Kosovo.

LINGUA IURIS

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 1/2024

The article considers the language of law. Particular attention is paid to the position of Latin as a lingua iuris from Antiquity through the Middle Ages and Modern Times, as a main instrument outlining the legal principles and their conceptual systematization. The legal Latin terminology used today is examined in the light of the general development of law in Europe as a common and unified sustainable legal vocabulary in modern languages, that unites the different national legal systems and supports the concept that Roman law is ius commune, on which the European legal culture stands.