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Review of: Benjamina Londrc - Zbornik radova 75. godišnjica ZAVNOBiH-a: povijesna utemeljenost obnovljene državnosti Bosne i Hercegovine u 20. i 21. stoljeću, Akademija nauka i umjetnosti Bosne i Hercegovine, Sarajevo, 2019.
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Review of: Safet Bandžović - Muslimani Jugoslavije nakon Velikog rata: odjeci Mirovnog ugovora iz Saint-Germaina 1919. (Institut za islamsku tradiciju Bošnjaka, Sarajevo, 2020, 361 str.)
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This paper deals with the activities of members of the local structures of the National Armed Forces (Narodowe Siły Zbrojne, NSZ) in Pińczów and Miechów counties aimed at hiding Jews, and the murder of several men, women, children committed by a partisan detachment that for some time operated in this area. In the area in question, 34 people died at the hands of the NSZ. A further 11 were identified by people who admitted to be members of this organization to the German police and were subsequently murdered. The starting point for this analysis were investigation and trial documents concerning former NSZ members tried on the basis of the so-called “August decree”. The author’s purpose was to reconstruct these bloody events that took place from late 1943 to the spring of 1944 and to determine how the crimes against Jews were treated by county investigators from county and provincial security offices and by military courts and courts of law; finally, the author deals with the controversial issue of witness credibility and the testimonies given at that time by the defendants and witnesses.
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This paper aims to deconstruct the traditional narratives on the Ottoman financial and political strategies towards non-Muslim and Muslim subjects in the Western Balkans by re-examining the foundation, extent and consequences of the central government’s policy of demanding a payment of jizya tax not only from non-Muslims, as stipulated in the classical Sharia law, but from the Muslim population as well. Although academic community is aware of the existence of Muslim jizya payers in several regions of the Ottoman Empire, this paper argues that historiographic knowledge on the mentioned phenomenon is rather rudimentary as present studies on this topic are based on a very limited data while official financial records that contain information on Muslim jizya payers, such as the jizya registers from the Ottoman Bosnia, have still not been thoroughly analysed. Recognizing the need to include financial records into the account, the main research strategy of this paper was to identify and examine records of jizya payers which contain a significant number of Muslims in a taxpayer role as well as to compare and interpret this data with other financial, administrative and legal texts that could help us gain better insight into the phenomenon of Muslim jizya payers in the Ottoman practice. The main primary source for the analysis provided in this study was a register of jizya payers from the vilayet of Brod, in central parts of the Ottoman Bosnia, from the 1679, which have not been previously used in historiographic studies. On the basis of this financial register, it has been concluded that more that 90% of all jizya payers in the territory covered in the mentioned register were Muslims, which is an important and interesting fact that has still not been recorded in any other part of the Ottoman Empire.
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The article takes stock of the historical development of the notion of the right of a people to self-determination in international law. It provides a coherent review of the main international treaties, customary rules, and legal rulings that shaped the evolution of the term over the course of the twentieth century. In doing so, it focuses on the main historical and political events, which had an impact on that process as well as the preconditions that have to be met in order for a people to have the legal capacity to execute the right to self-determination. Three main processes, which it focuses on are: decolonization, the establishment of a number of new countries following the dissolution of the Soviet Union, and the recent developments following ICJ’s Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. It also delineates the subject of the legal definition of a “people” as opposed to a “minority”, describes the legal tension between the right to self-determination and the principle of territorial continuity in international law, and discusses potential further development of the term.
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During my research, I went back to the years of so-called rebuilding when the Czech Primate František Cardinal Tomášek took part in a discussion on the draft of the new triple constitution of the Czechoslovak Socialist Republic. It is hard to believe, but the state power reacted responsively to his initiative and the President of the Republic invited him to the preparatory commission. However, the Church had no chance to verify sincerity of this gesture, as the situation developed rapidly, and events of 17th November 1989 interrupted legislative work. Forgotten religion law reflections of the then Archbishop of Prague formulated at the time of lack of freedom, as well as Catholic samizdat reactions, can still be inspiring to this day.
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The article focuses on the collective political institution, the veche, of the Russian medieval city of Pskov. The author argues that the horizontal political ties within that city prevailed over the vertical ones in the period before its subjugation to the Muscovite State in 1510. Pskov is put into a broad comparative perspective which results in the conclusion by the author that the development of Pskov in the fourteenth–fifteenth centuries very closely resembled that kind of urban synoecism which was practiced by Western European communes in their early stage of development (eleventh–twelfth centuries). It means, first, that the Russian Middle Ages repeated in some important features that which had occurred in Western Europe, and, second, that it happened not due to a borrowing of political institutions (as was the case with many East European countries) but independently because of similar conditions arising, albeit after a two-century delay.
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This paper aims to present my research on a very important stage-related to the political situation of the Municipality of Prishtina from the period after the Second World War until the liberation of Kosovo in 1999. Carefully dealing with political events and developments chronologically, which were decisive in the realization of the centuries-old aspirations for freedom and independence and the establishment of the Republic of Kosovo. The paper will have scientific sources and references arguing with facts these events that are related in terms of time and space. The chronology of events will be followed by the initial establishment of public institutions in Pristina, for the territory of the former Province of Kosovo in the savage repression of the 50s (arms action) where Albanians were subjected to un precedent repression by the Yugoslav government known also as the “Rankovi. Period”. Then the demonstrations of the 60's will be elaborated, as a result of which the University of Prishtina was established and the use of the Albanian national flag was allowed until the proclamation of the Constitution of 1974. In the third part will be reflected the demonstrations of the 80s which played a decisive role in the later development switch calls for the peace full movement for freedom, independence and democracy that laid the foundations for the creation of parallel institutions of the Republic of Kosovo and which later culminated in the armed resistance of Kosovo Liberation Army which brought the final liberation of Kosovo.
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Review of: Hana Younis - Ehlimana Memišević, Sudovi: komparativna studija, Sarajevo: Centar za napredne studije, 2019, 462 str.
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The 75th anniversary of the end of the Second World War and the proclamation of the United Nations was a topic intensively exploited by Russian diplomacy which attempted to highlight the Soviet input into the triumph over the Nazis and the creation of an international organization. The Kremlin’s rhetoric was expressed directly by Vladimir Putin twice last year – once thanks to an article published in The National Interest in June and then, via a speech delivered virtually during the annual summit of the United Nations, in September. During both occasions Putin stressed the significance of the Soviet Union in creating and developing the post-1945 international order, fixed after the failure of the League of Nations (described by Putin as “a cautionary tale”). He noted the decisive role in sentencing war criminals and Russian allegiance to international law, of which the UN Charter appears to be the primary source.
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This article examines the laws in the Republic of North Macedonia (hereinafter RNM), that prohibit agreements among competitors to fix prices, divide markets or in other ways avoid or undermine market competition, otherwise known as competition laws. It explores the conditions and challenges in implementing Macedonian competition laws, as well as the role of the state (regulatory) authorities, the degree to which the competition laws comply with the European Union’s competition laws, and finally, the degree to which competition laws are effective and beneficial for the Macedonian economy. Properly implemented competition laws hold much promise. The enactment of competition laws is fundamental for the benefits of a market economy to be achieved. This encompasses economic growth, innovation, lower prices and higher quality of goods and services. The enactment of competition laws since the independence of the Republic of Macedonia is furthermore important. This is due to Macedonian obligations to meet the requirements for EU accession. Additionally, adoption of competition law and competition by-laws in RNM, positively affects on the work of authorities for the protection of competition. What is most important, this competition legal regime represents a base for reducing the abuse of the state authorities and theirs incompetent behaviors. At the end, the article contains conclusions, opinions and suggestions from the conducted research, which hopefully will be beneficial for the relevant auditorium. The analytical-descriptive method, the comparative method, the method of analysis and synthesis, and the method of induction and deduction were used to analyze the subject matter for this article.
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The article aims mainly at analyzing the issue of legal (dis)continuity between the Kingdom of Serbia and the Kingdom of Serbs, Croats and Slovenes (hereinafter the Kingdom of SCS) within the context of an international dispute between Germany and the Kingdom of SCS, and to revealing the reasons for different court decisions interpretations in a particular case. By using the techniques of historical-legal and analytical methods in researching into documents and secondary opinions given by politicians and constitutional lawyers, the paper first gives a brief overview of international circumstances that enabled the post-war states formation. It also summarizes different opinions regarding the legal status of the State of SCS and the character of the First-December Act taking into account historical and modern international and constitutional criteria. The conclusion is made in the context of discussion regarding the central issue that Ivan Žolger’s interpretation that despite the verdict in the particular case, the Kingdom of SCS was a new state, since it was not created in accordance with the 1903 Constitution of the Kingdom of Serbia. In addition to the argument that the State of SCS met the basic criteria of statehood, and that the formation of the Kingdom of SCS interrupted the constitutional continuity of the Kingdom of Serbia, the contribution of the paper lies in the argument that different legal opinions were not so much the result of legal ambiguities, but primarily a reflection of one, out of many, political battles fought between the conflicting state ideologies.
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In these extraordinary times for the world’s economies, it is inevitable that Member States will support their economies in entire sectors and industries, including through public resources. However, this approach must be followed carefully, as such allocation of public resources in the form of state support is subject to strict state aid rules. The article examines the changes in the state aid regime that the economic consequences of the spread of COVID- 19 have imposed.
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The article analyses two provisions of the Law on Measures and Actions in the State of Emergency, declared with the decision of the National Assembly of 13th March 2020, providing for suspension and extension of time periods provided in the legislation. The analysis is focused on examples based on the review of the labour legislation. The issue of suspended court proceedings on some labour disputes – until the end of the state of emergency – is also discussed.
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The review is dedicated to a new and analytical legal and historical study of Dr. Piotr Sadowski, professor of Roman law at the University of Opole, Poland for the Beirut Law School, its teachers, students and its significant place as one of the three imperial law schools (along with Rome and Constantinople), approved by the Emperor Justinian, as well as its place for the continuation of Roman tradition in late Antiquity and the Middle Ages.
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This research will unmask the essence of a more comprehensive legal context by reviewing a Supreme Court (MA) ruling, Cassation Decision Number 1555 K/PID.SUS / 2019. The verdict is contradicted by ius contitutum and ius constituendum. The case that appealed against the alleged corruption with the issuance of the issuance of the BLBI Declaration Letter to the Indonesian National Trade Bank conducted by Syafruddin Arsyad Temenggung was acquitted by the judges of the Supreme Court, who had previously been sentenced to a high court criminal sentence of 13 years in prison and a fine of Rp. 700 million and 3-month confinement, which later sentenced Syafruddin to be increased to 15 years in prison and a fine of Rp.1 billion with 3 months subsidiary confinement on appeal. This research is classified as normative legal research, by inventorying primary and secondary legal materials as well as approaching legal concepts which are then drawn conclusions and presented theoretically. In this study it is more interesting that the Supreme Court judges are more likely to protect public officials from the bondage of the law.
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The possibility of resolving conflicts through alternative means is a favorable alternative for the parties, as it has deep roots in Bulgarian history, customs and law. If we turn to the history of Bulgarian law we will fi nd that they are often used as an opportunity to resolve disputes of various kinds. Historically, Bulgarian rulers have personally participated in negotiations to resolve international confl icts – for example, Khan Krum proposed negotiations to avoid or end hostilities with Byzantium. The prince Boris I Michael also showed excellent negotiation skills when accepting Christianity as the state religion. During the Ottoman rule, such conciliatory functions were played by the bodies of the Bulgarian municipalities, the guild organizations and representatives of the spiritual authorities. After the Liberation, this tradition was the basis of the Elderly Judicial Councils, the amicable (conciliatory) courts, whose activity is based on the principles of voluntariness, reconciliation and reaching a mutually benefi cial agreement.
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The issue of the constitutional organization of the Islamic religious and charitable foundation in Bosnia and Hercegovina became critical to the Muslim community beginning in 1878. Islamic faith was the cornerstone of society, culture and national identity. The traditional distinction between religious and secular authority, represented by the reis ul ulema (head of the religious community) on the one hand and political parties on the other became muddled by the laicization of Islamic religious institutions following the promulgation of the constitution of the Community of Islamic Faith in 1936. The majority of ulemas resisted this reorganization, displeased by their loss of influence in religious and charitable work. In the months following the establishment of the Independent State of Croatia, the Bosnian-Herzegovinian Muslims who had the greatest influence on the government were those who were outspoken opponents of the Yugoslav Muslim Organization and its interference in the affairs of the Community of Islamic Faith. Even though they had no say in political affairs, the fact that individuals previously belonging to the Yugoslav Muslim Organization, led by Dzaferbeg Kulenović, were well-positioned in the administration of the Community of Islamic Faith, meant that they could raise issues which rendered a solution to the ongoing constitutional wrangling in Islamic religious and charitable organizations impossible.
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This paper aims to present the views of the Bosnian ulama about one of the biggest challenges facing the Bosniaks in their history in this area. This is an issue of migration or Hijra of Bosniaks from Bosnia at the time of the Austro-Hungarian Empire. The issue of migration of that time reveals a number of Bosniaks‟ dilemmas about their identity, homeland, relations between Sarajevo and Istanbul, to remain here or to leave, to fight or to accept imposed solutions, etc. The paper will also reveal the views or fatwas of the scholars outside Bosnia and Herzegovina, the official Istanbul, i.e. those who justified migration and those who did not. Different views on the same issue suggests the complexity of the then overall situation, different interests that intertwined over Bosnia and Bosnians, political un/orientation in the mirror of questioning Bosniak national identity, etc. The work also shows how Bosnian ulama responsibly and wisely responded to social challenge and offered appropriate solutions
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One of the current issues of criminal law, in general, is the issue of execution of a criminal judgment sentenced by the international criminal court (ad hoc or permanent international criminal court). The issue is ongoing because international criminal courts do not have their institutions for the enforcement of criminal sanctions they impose, but are, in that regard, instructed to cooperate with states that express readiness to execute criminal sanctions - imprisonment sentences imposed by an international criminal court in their prison facilities. Among the numerous issues related to this issue, the paper analyzes only those related to the legal basis for standardization, conditions, and manner of execution of a prison sentence imposed by an international criminal court.
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