Najnowsza polityka kosmiczna Stanów Zjednoczonych w świetle reguł publicznego prawa międzynarodowego

Author(s): Bartłomiej Gerałt / Language(s): Polish Issue: 112/2019

The entirety of regulations concerning usage and utilization of outer space is comprised not only of international treaties, but also national regulations adopted in order to ascertain accordance of state endeavours with public international law regime. This articles aim is to investigate newest American national legislations in view of their compatibility with binding rules of public international law. Special attention has been paid to Commercial Space Launch Competitiveness Act, American Space Commerce Free Enterprise Act draft as well as recent plans published by White House stipulating creation of US Space Force.

Un moment critic în istoria Consiliul Europei: oprirea suspendării Federației Ruse

Author(s): / Language(s): Romanian Issue: 2/2019

Maxim Allegans Contraria non est Audiendus, Junadagh, Jammu and Kashmir

Author(s): Mehmet Şükrü Güzel / Language(s): English Issue: 2/2019

On 5 August 2019, the Indian Government announced the revocation of Article 370 of the Constitution, which grants the state of Jammu and Kashmir considerable political autonomy. Article 370 allowed Jammu and Kashmir to have its own constitution, a separate flag and independence over all matters except foreign affairs, defence and communications. The Government says this is an internal affair of India, subject to Article 2.7 of the UN Charter even if the United Nations Security Council defines Jammu and Kashmir as disputed territory. This Article examines the dispute of Jammuand Kashmir within the UN system of decolonization, and analyzes whether the reexits any international legal obligation for India arising from the decolonization of Junagadh for Jammu and Kashmir within the principle of maxim allegans contrarian on est audiendus

Whether There is a Right to Remedial Secession Under International Law?

Author(s): Rokas Levinskas / Language(s): English Issue: 2 (20)/2019

Purpose of this article is to determine whether the right to remedial secession exists under the contemporary international law. This question is relevant because intense legal debates concerning an existence of this right has not come to conclusion. Moreover, it is important to answer this question because of a vast number of separatist movements worldwide that base their claim for independence on self-determination and the concept of remedial right to secede. In order to answer the question whether the right to remedial secession exists under the contemporary international law relevant judicial decisions, state practice and opinio juris were analysed. It was concluded that there is no remedial right to secede under the contemporary international law. First, it was determined that international community is reluctant to recognise unilateral attempts of secession. Therefore, consent of parent state is still considered to be an important factor for acceptance of new states. Secondly, there was no single instance of acceptance of entitlement to remedial secession in state practice. Also, there is a split in states opinio juris concerning an existence of remedial right to secede. Furthermore, there is no strong and united opinio juris supporting this notion. Accordingly, weak opinio juris and lack of practical implementation show that remedial secession cannot be considered as a part of the binding international law.

The specific legal-international regime of peace treaties

Author(s): Stefan Marek Grochalski / Language(s): English Issue: 4/2019

The presented material is an attempt at analyzing the specific legal position of peace treaties. The author argues with the opinion which is put forward (not too often, though), maintaining that such treaties – due to their not expressing the will of states in a classical way – cannot be considered to be agreements as such. He presents the basic similarities and – first of all – differences, especially concerning the so-called final provisions, with reference to both typical international agreements and peace treaties, respectively. In the study, he formulates the thesis of a special role, significance and evolution of peace treaties, despite frequent disrespect for the resolutions they contain. Instances of peace treaties which were concluded in the past are recalled and analyzed, and juxtaposed with ones made in the 20th century, particularly those following the First and the Second World Wars. Streszczenie: Prezentowany materiał jest próbą analizy dotyczącej szczególnej pozycji prawnej traktatów pokojowych. Autor polemizuje z występującym (co prawda nieczęsto) stanowiskiem, że owe traktaty, z racji niewyrażania w sposób klasyczny woli państwa, umowami, jako takimi, być nie mogą. W artykule ukazuje się podstawowe podobieństwa i przede wszystkim dające się określić różnice, zwłaszcza w tzw. postanowieniach końcowych, w odniesieniu do umów międzynarodowych oraz traktatów pokojowych. W opracowaniu stawia się tezę o szczególnej roli, znaczeniu i ewoluowaniu traktatów pokojowych, pomimo częstego nieprzestrzegania ich postanowień. Przywołuje się, analizuje się przykłady z historii zawieranych traktatów pokojowych, zderzając je z traktatami zawieranymi w XX wieku, zwłaszcza tych, które zostały zawarte po pierwszej i drugiej wojnie światowej.

The Filiation of the Child Born Out of Wedlock in Romanian Private International Law

Author(s): Nadia-Cerasela Aniţei / Language(s): English Issue: 1-2Special/2020

The legal origin of the provisions referring to the filiation of the child born out of wedlock in Romanian private international law lies in S.2605 and S.2606 Civil Code. S.2605 of the Civil Code with the marginal name “Applicable law” provides: “The filiation of the child born out of wedlock is established according to the national law of the child from the date of birth. If the child has several citizenships, other than the Romanian one, the law of the citizenship which is most favourable to him/her is applied. (Paragraph 1) The law provided in (1) shall apply in particular to the recognition of filiation and its effects, as well as to the challenge of recognition of filiation. " (Paragraph 2) S.2606 of the Civil Code, with the marginal name "Father's liability", provides: "The mother's right to demand that the father of the child born out of wedlock be liable for expenses during pregnancy and childbirth is subject to the mother's national law." The article aims to show which is the law that governs the filiation of the child born out of wedlock and which is the law that governs the father's liability.

The Legal Coordinates of the Adoption with a Foreign Element

Author(s): Nicoleta Diaconu / Language(s): English Issue: 1-2Special/2020

Adoption with a foreign element is a complex institution of private international law, which involves a series of issues regarding the resolution of conflicts of laws in order to establish the applicable material law, as well as on the resolution of conflicts of competence in order to establish the competent authorities to approve, cancel or undo the adoption.The legal coordinates of the international adoption result from the resolution of the conflicts of laws, the national regulations being uneven, although within the international or regional organizational structures there are concerns in the sense of legislative uniformity in the field.The purpose of international regulations is to create an adequate protection mechanism for minors, with the basic principle - the best interests of the minor

Some Aspects Regarding the European Law of the Child

Author(s): Oana Elena Gălăţeanu / Language(s): English Issue: 1-2Special/2020

Children's rights are a real concern worldwide. The present study presents the modalities and normative acts issued at European level that aims to defend and respect these rights, and especially in the case of criminal proceedings, in the plan of the law of the European Union, as well as at the level of the law of the Council of Europe.In the end of the study there are presented the author’s conclusions, shaped following to studying the concerns on the protection of the children’s rights existing at European level within penal proceedings.

Review of the Volume „The Promise of Marriage (Engagement) in Romanian Private International Law. Family Relations in Romanian Private International Law”, Author Nadia-Cerasela Anitei, Publishing by Lap Lambert Publishing House.

Author(s): Carmen Tamara Ungureanu / Language(s): English Issue: 1-2Special/2020

The monograph, The promise of marriage (engagement) in Romanian Private International Law. Family relations in Romanian Private International Law”, was published by LAP (Lambert Academic Publishing) in 2020 and is part of the author's constant preoccupations in the field of private international lawThe author holistically captures in her book, The promise of marriage (engagement) in Romanian Private International Law, the institution of engagement from its origins to the present in Romanian Law, in comparative law and in Romanian Private International Law.

Reflecţie în legătură cu posibilitatea angajării răspunderii internaţionale a Chinei pentru efectele pandemiei COVID-19, din perspectiva dreptului internaţional

Author(s): Carmen Moldovan / Language(s): Romanian Issue: 1/2020

The aim of this paper is to address the possibility of applying the rules of International Law on State responsibility for wrongful acts to the conduct of China in the context of COVID-19 pandemic. The aim of the paper is not to carry out a comprehensive analysis of this institution and to give an unequivocal answer to this issue, but to conduct a brief examination of the relevant rules of International Law regarding the institution of State responsibility. The analysis of the conditions of international responsibility of the States and the connection with other principles of Public International Law appears to be not only a useful one, but also a necessary one, as there are several affirmations made publicly that support this possibility regarding China, and also proceedings and legal claims against the Chinese State before courts in the United States. The main issues to be analyzed are, on the one hand, the basis of international jurisdiction and the notion of wrongful conduct and, on the other hand, the principle par in parem non habet imperium, applicable before the courts of another state.

Tratatele de pace de la Paris din 1919–1920 și moștenirea lor juridico-istorică pentru ultimul secol

Author(s): Mircea Duțu / Language(s): Romanian Issue: 06/2020

100 years after their conclusion, the Paris Peace Treaties of 1919–1920 are both an important event in history and a founding moment of modern international law. Ending World War I, they have legally established the new state-political realities resulting from the application of the principle of nationalities and the exercising of the right to self-determination by the peoples oppressed by the great European empires, which have led to the emergence of new states or to the consolidation of other existing ones. The new European and international order was founded primarily on the law, the organization of peace and the maintenance of the status quo being entrusted, according to the Covenant, to the League of Nations, the first international institution with universal vocation. New principles of international law have been prefigured, the national state has become the main topic of international life, the subregional collective security organizations (Little Entante, Balkan Pact) have played an important role in the international balance. The legal inheritance of the time 1919–1920 was expressed after the World War II through the Charter that laid the foundations of contemporary international law and the U.N.O. (1945). The Treaty of Versailles with Germany (1919), as well as that of Trianon with Hungary (4 June 1920) are the treaties whose territorial clauses have historically withstood being taken over by the Peace Treaties of 1947 and enshrined by subsequent relevant international acts. The Treaty of Trianon, by its territorial effects, has become the subject of a sustained and permanent action of revisionism by Hungary and anti-revisionism, as a reaction from the other states whose borders have been established thereby. The Euro-Atlantic integration has opened new perspectives for solving the territorial misunderstandings thus generated, despite the persistence of some aspects of neo-revisionism.

Tratatul de la Trianon și ordinea politică central-europeană

Author(s): Marius Bălan / Language(s): Romanian Issue: 06/2020

The Treaty of Trianon between the Allied and Associated Powers and Hungary was signed on 4 June 1920 and dramatically changed the political map of Central Europe. Although the system of treaties concluded at the Paris Peace Conference did not prove viable, the political-territorial order created at Trianon – an expression of peoples’ right to self-determination – has survived. The present text aims to examine the circumstances of the conclusion of the Treaty of Trianon, its content and its long-term effects on the central European political order. Finally, the author makes a general evaluation of the Romanian-Hungarian relations in the light of their relation to the provisions of this Treaty.

Necesitatea unei legi pentru declararea zilei de 4 iunie ca Zi a Tratatului de la Trianon

Author(s): Titus Corlățean / Language(s): Romanian Issue: 06/2020

On 4 June 2020, Romania marks the Centenary from the signing of the Peace Treaty of Trianon. An essential page of the history of the Romanian nation, which took the form of a peace treaty concluded by the Allied and Associated Powers, including Romania, with Hungary, as the successor state of the Austro-Hungarian Empire, a state defeated in the World War I. By the content of this peace treaty, the Great Powers recognized the Union of Transylvania (and of the Eastern part of Banat) with Romania, respectively the sovereign will of the Transylvanian Romanians expressed by means of plebiscite on 1 December 1918 and, respectively, the Resolution of the National Assembly from Alba Iulia. The Treaty of Trianon has enshrined the realization of the right to self-determination of the nations of the Austro-Hungarian dualist monarchy. For Romania, the mentioned Peace Treaty meant not only the international legal recognition of the Union of Transylvania with the Motherland, but also the confirmation of the political and civil rights of the Romanians who constituted the majority population in this territory. Beyond the historical and political-legal meanings of the Treaty of Trianon, this is in itself a document that, for the Romanians, has strong spiritual valences, which justifies the marking of its signature by a solemn legislative act of the Romanian Parliament. From this perspective, the author refers to a legislative proposal – under final adoption procedure – which aims to declare the day of 4th of June as the Day of the Treaty of Trianon and to regulate the adequate measures for the proper marking of this day at national and local level. At the same time, the author makes the critical analysis of two laws adopted in 2010 by Hungary, namely a new law of the Hungarian citizenship and a law of the „unity of the Hungarian nation”, meant to „commemorate the dictate” of Trianon. The political and legal analysis of the two Hungarian laws reveals the political will and intention of the legislator from the neighbouring country to question or even to challenge the provisions or the consequences of the Peace Treaty of 4 June 1920 – subsequently taken over in various other bilateral or multilateral international major regulations. By adopting the two legislative acts, the Hungarian Parliament contradicts the bilateral strategic partnership relationship with Romania, but also the meaning and the spirit of the principles of the European construction, in which the two neighbouring countries occupy equal positions.

The Legal Nature of Consuls Immunity

Author(s): Nail Isufi / Language(s): English Issue: 1/2020

Whenever is talked about the immunities and privileges of the consuls, it must bear in mind that this institution is of particular importance in international law, especially in consular law. Otherwise, the immunity as a concept means exemption from an obligation. In the legal point of view,the content of the nature of the immunity itself consists to explain a particular status of a subject at a certain time. This paper aims to explain the meaning and the importance of the consuls immunity based on various literature and in domestic and international legal acts i.e. Havana Convention on Consular Agents (1928), Vienna Convention on Consular Relations (1963), European Convention on Consular Functions (1967), Convention on Special Missions (1969), on which are foreseen all rights and obligations of consuls that they exercise during the performance of the mission in the receiving state. What is characteristic in the performance of the consular activities is the case when the sending state does not have diplomatic representatives in the receiving state. This consists of giving the opportunity for performation of diplomatic affairs by the consuls, which implies the consent of the receiving state, but always preserving consul status. It should be noted that among immunities and privileges that are invoked by consuls and which are universally acknowledged, but there are some cases that remained to be regulated by bilateral agreements between states.

I, Robot! The lawfulness of a Dichotomy: Human Rights v. Robots' rights

Author(s): Nicolae Voiculescu / Language(s): English Issue: VIII/2020

Increasing advances in high-tech areas involve reflections on their effects on the structure and functionality of society in general, but also on respect for human rights, especially in the context of increasingly complex and profound interaction between man and machine in its forms the most evaluated. The author presents a series of documents, adopted at the level of international organizations in this field, aimed at detecting legal and ethical issues aimed to be standardized, so that human rights standards are adapted to new conceptual and content challenges.

SEEKING THE CIVILIZATIONAL GHOSTS: SOME REMARKS ON CHINESE AND RUSSIAN APPROACHES TO INTERNATIONAL LAW THROUGH CIVILIZATIONAL VALUES

Author(s): Amarasinghe Battagodage Punsara Aravinda / Language(s): English Issue: 39/2020

This article seeks to examine the rigor of civilizational values in modern international law as a crucial factor and how historically different civilizational values have inculcated different approaches to international law. While critiquing the civilizational rhetoric built by European nations in creating Eurocentric international law, this article brings how international law has been perceived by China and Russia following their historical complexities. Results emerge from this paper will demonstrate the different diversity in international law.

Hard law versus soft law in international law

Author(s): Felicia Maxim / Language(s): English Issue: VIII/2020

The use of hard law and soft law instruments in international relations has led to the need to clarify the relationship between them, the advantages and disadvantages of each category of instruments, but also their effectiveness in the relations between the subjects of international law. In the doctrine of international law, the term hard law refers to binding international legal instruments, while the term soft law includes non-binding international legal instruments. In the analysis and delimitation of the two concepts (hard law and soft law) we start from the research of the sources of international law, especially the content of Article 38 of the Statute of the International Court of Justice (ICJ). However, research into traditional mechanisms for drafting international law, ie the list of sources of international law listed in Article 38 of the ICJ Statute, must take into account that they have not evolved at the same pace as international law. Therefore, a reassessment of traditional sources is needed.

After Brexit. Brief Review on the Effects of Brexit

Author(s): Dumitrita Florea,Narcisa Galeş / Language(s): English Issue: 1/2020

We believe that a large part of our readers have asked themselves what will happen after the signing of the Brexit Agreement or at least they have followed with interest the information developed on social media on this subject. We believe that we are witnessing a historic moment in terms of international relations and the whole evolution of the European Union. We stated in our first study The Brexit phenomenon in 2017 that it is possible to witness a reshaping of the Union as we know it, a reconstruction perhaps on a more solid basis or perhaps, in the worst case scenario, its dismemberment. Euro-sceptics certainly see the beginning of the peak of the European Union, an idea we consider worthy of consideration. We must confess that we started the analysis of this kind of phenomenon since the first attempt of Brexit in 2015, on the occasion of the research carried out for the doctoral thesis. We recall that in the period 2012-2015, after the European crisis between 2010 and 2015, Greece took the initiative to take advantage of the Lisbon Treaty of 2009 to withdraw from the EU. But unlike the UK, Greece is a small European state with a weak economy and institutions, but also a considerable recipient of European funds. The unanimous opinion was that Greece would leave the euro-area. The attempt failed, Greece remained a full member of the EU, but it was followed by the United Kingdom, which, in the year of grace 2020, signed the Final Brexit Agreement. We believe that the Brexit model could have been used, at some point, as a benchmark or example or even an important lesson during Britain's long and heated negotiations with the European Union.

The Impact of the Versailles System on International Relations

Author(s): Dumitrita Florea,Narcisa Galeş / Language(s): English Issue: 1/2020

The first rules of international law emerged with the advent of the state and the division of society into antagonistic classes. Of course, the content and structure of international law vary from one epoch to another, depending on the social order that succeeded. The creation of states, the dispute over supremacy among them, the development of diplomatic relations between them, the emergence of new institutions and principles of international law led to the need for systematic research into problems in international practice that gradually formed the object of a new branch of law, international law, which has earned a well-deserved place in the independent sciences.In the seventeenth and twentieth centuries there were frequent demonstrations of the peoples for the assertion of their national being, for the realization of the aspirations of freedom and progress, for the limitation of the sphere of action of imperialism and, finally, for peace and security. Studying the doctrine of international law, we certainly deduce the existence of two distinct periods of contemporary international law. The first refers to the period between the wars and the second corresponds to the end of World War II. We emphasize the fact that contemporary international law is characterized by the orientation with the scope of assuring peace, human rights, democracy, towards peaceful cooperation between states and the freedom of peoples. Edifying to achieve such desideratum are the series of treaties concluded at the beginning of the twentieth century.

Some Considerations Regarding the Application for Damages Formed Under art. 19 of Law no. 554/2004

Author(s): Liana-Teodora Pascariu / Language(s): English Issue: 1/2020

Considering the specific nature of the claims in the matter of the administrative litigation, an action aimed at damages can only be considered as an accessory request for an action regarding the legality of an administrative act, whether it is typical or assimilated, in this respect the provisions of art. 8 paragraph (1) in conjunction with art. 18 paragraphs (1) and (3) of Law no. 554/2004, as the High Court rules in a case having as its object a negative conflict of jurisdiction [1].The present article analyzes the hypothesis of the refusal of the local public authority to issue a document necessary to complete the file for obtaining the subsidies from APIA, in the light of obtaining compensation from the public authority that refused to issue the act. The interest here is the need to formulate the main action, the possibility of claiming damages separately, the competent court, the analysis of the application formulation term, the analysis of the cumulative conditions required for admitting the action.