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Laura Codruta Kovesi is leading candidate for newly created position of EU public prosecutor.
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Laura Codruta Kovesi is leading candidate for newly created position of EU public prosecutor.
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In this article the provisions of the Maritime Code of 2004 that deal with the maritime and submarine areas of the Republic of Croatia are analyzed in relation to the Proposal of Amendments to the Public-Law Provisions of the Maritime Code of the Republic of Croatia (September 2004), which was framed by the Department of Public International Law at the Faculty of Law in Split, with a view to filling the gaps and correcting certain imprecise or unclear solutions in the Maritime Code of the Republic of Croatia of 1994 so as to harmonize them with the new modern solutions and practice of the States.
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The paper deals with the foundation of the state as the most important part in the international law. It also addresses the facts that must be fulfilled for a state to be founded. The author tries to show and explain these facts through the example of the foundation of Bosnia and Herzegovina as an independent state after the fall of the former Socialist Federal Republic of Yugoslavia. The research includes the beginnings of the foundation of the independent Bosnia and Herzegovina, from the Badinter’s Comission, Cuttiler’s, Vance-Owen’s and Owen-Stoltenberg’s Plan, the Washington Agreement and to the Dayton Agreement, whose Annex 4 included the Constitution of Bosnia and Herzegovina. That was the first constitution since the independence of Bosnia and Herzegovina. This constitution defines the existing constitutional order in the state.
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An overview of international legal instruments formulated in the data table relevant for the Republic of Croatia is published. Relevant publications of international organizations or their official websites have been used for data sources. Official sources have been consulted for translations.The overview of the legal instruments is grouped by thematic: international public law; jurisdiction, arbitrage; safety of navigation; privileges, mortgages, ship registers; transport of passengers and goods; labor relations; marine environment protection.
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U ovom broju Zbornika radova objavljujemo nastavak prijevoda posljednjeg poglavlja iz knjige: Paul Wilkinson, International Relations: A Very Short Introduction (2007.), Oxford-New York: Oxford University Press. Prvi dio je objavljen u Zborniku radova Pravnog fakulteta u Tuzli, god. III, broj 2, 2017.
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Without a doubt, Slobodan Jovanović was one of the greatest Serbian jurists, and in the period between the two World Wars, he was probably the most influential Serbian jurist. In this context, his views on the Serbian–Russian relations have exerted an influence on the formation of the dominant discourse, but also on many generations that came after his time (his bust in front of the Faculty of Law in Belgrade symbolically shows how highly he is valued in today’s legal circles, more than 60 years after his death). In his voluminous opus Jovanović suggests that the Peace of Bucharest, the Akkerman Convention and the Peace of Edirne were bilateral agreements between Russia and Turkey, with provisions that went in favour of the third party (pactum in favorem tretii), i.e. Serbia. He also gave a positive assessment of the Russian diplomacy during the 19th century. In that sense, Jovanović criticizes the Serbian historians who claimed the opposite, and even Miloš Obrenović himself. Finally, as a jurist, he also rejects the ideological division according to which only reactionary influences came from Russia, and only freedom and enlightenment from the West. In his analysis of the Serbian–Russian relations Jovanović points out that it was Russia which insisted on the formation of a National Council in Serbia which was to ”limit” the absolute power of Miloš Obrenović. Such an attitude has retained its validity even in the 21st century because the dogma about the so-called Russian reactionary policy is still very much alive. As a jurist, Jovanović also shows understanding of the conflict of Russian and Serbian interests, or the interests of a small country and those of an empire. He remains midway between the uncritical idealization of Russia and even more intolerant Russophobia. He cites and compares numerous examples. He pointed out that, for instance, a Polish insurrection broke out in 1830, at the very same time when Russia was in negotiations with the Ottoman Porte over the Serbian issue. However, despite these (undeniable) facts, Jovanović does not draw Russophobic conclusions, which were so prevalent in the Kingdom of Yugoslavia. He remains midway between the non-critical idealization of Russia and even more intolerant Russophobia. Such opinions of a jurist, who was ideologically an anglophile, are still very important in 2018, when Russophobia present in the West, but also in a part of the Serbian elite, reaches the Cold War level.
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The subject of the present research is based on how the arrangement of the legal form of the commercial agent in the Bulgarian Commercial Act corresponds to the arrangement within the meaning of Directive 86/653/EEC/1986. The emphasis is placed on the differences between the two legislative acts – where the European legislator grants wider rights or introduces stricter restrictions for parties under the contract of commercial agent. For the purpose of the present research the differences in the definitions of the legal form of commercial agent, the form of the contract, the remuneration – time range, pay ability, chargeability, payout, compensatory remuneration, reimbursement and restriction of competitive activity have been examined. The provisions of the Bulgarian law, which are still not harmonized with the European law, have been taken and have been proposed possible practical solutions to the disputes arising from the unclear regulation.
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This article problematizes the legal concept of so-called hate speech in order to contribute to current debates on this complex and omnipresent social phenomenon. Firstly, it refers to the provisions of various international human rights instruments relevant in the context of combating hate speech, providing general legal framework for the proper assessment of this issue. Then it discusses the legal concept of hate speech and certain controversies and difficulties involved. In particular, it points to the specific distinction that must be established and preserved between hate speech and other forms of hateful speech. Finally, the jurisprudence of the European Court of Human Rights concerning hate speech is analyzed by providing relevant examples from its case-law. In this connection, certain serious deficiencies in the ECtHR hate speech jurisprudence are indicated and briefly explained.
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Dans son article le professeur Kreca fait l'analyse diu régime juridique de la recherche scientifique de la mer dans la zone épicantkieetale et dans la zone exclusivement économique. D'abord il rend compte de la réglementation de la Convention de Genève sur la zone épicon tinent aie de 1958 pour laquelle l'auteur trouve d'être, dans la cause concrète, indéfinie et controveirsable. Il indique particulièrement le désaccord avec l'article 2 et l'article 5/8 de la Convention car la disposition ultérieure annule les prémices sur lesquelles repose l'article 2 de la Convention. Outre cela, l'auteur indique les formules employées dans les alinéas 1 et 8 de l'article 5 de la Convention qui provoquent des indécisions. Puis H fait l'analyse du droit international coutumier de la recherche scientifique de la zone épicontinentale, pour se concentrer enfin sur l'analyse des conditions pour la recherche scientifique de la mer dans la zone épicontinentale et dans la zone exclusivement économique à la base de la Convention de 1982. Dans la Convention de 1982 n'est pas soulignée une différence évidente entre le régime juridique dans la zone exclusivement économique et celui qui est valable dans la zone épicontinemtale. Ces deux régimes sont entrelacés comme d'ailleurs avait accentué la Cour permanente le justice internationale dans le litige entre la Malte et la Libye. La base de la recherche scientifique de la mer dans la zone exclusivement économiquefait l'article 246 de la Convention à la base duquel les Etats riverains ont la juridiction concernant la recherche scientifique de ces deux zones, ainsi que dans la réalisation de cette jurisdiction ils ont droit d'arranger, d'approuver et d'affeotuer la recherche de la mer. L'auteur constate l'existante de trois catégories d'approbation dans la re- chercle de la mer dans ces zones (la première catégorie est de la nature de discrétion et elle est basée sur l'article 246/5 de la Convention; l'autre est celle qui se raporte aux conditions nomées „normalles" ('article 246/3) de la Convention; et la troisième et l'approbation tacité à la base de l'article 248 de la Convention.Outre l'analyse détaillé de ces trois formes, l'auteur rende c°mpte des règles qui se rapportent à la recherche elle-même.
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Greek parliament could follow suit within days if the government wins tomorrow’s confidence vote.
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Contracts based on international law, historical continuity, current international political states of affair - these factors determine the types of neutrality of European states. The range and the responsibilities in the activity of neutral states manifest themselves in military, political, ideological, economical, and armed neutrality. The relationship between neutrality as a legal concept and non-alignment as a political programme has to be considered in the light of historical, economical, and socio-political factors and their dynamic changes. The co-operation between these countries can best be illustrated by their coordinated activities and common initiatives within the framework of the conference on European security and cooperation.
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The article provides an overview of the enlargement strategy and progress achieved in the Western Balkans. Various challenges are discussed, including lack of functional state apparatus and disputes with neighbours in the region. Transition process turned out to be more complex than anticipated, however, a new strategy adopted by the European Commission sets out a year 2025 as a perspective for Montenegro and Serbia to complete the accession process.
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A member of NATO and the EU, Romania is also focusing efforts on bilateral relations as well, strategic and special partnerships being a solid component of these relations. Military capabilities are more and more influenced by the perspective of the future global challenges and bilateral efforts are a good start for building such modern capabilities. Allocated resources are extremely important, the way they are spent and the invested made being the crucial difference in between now and future military cooperation.
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This Paper addresses the dichotomy between preemption and prevention and the inherent debates on the use of force pursuant to international law norms. Beyond the disputes on these concepts, what really counts is the use of both practices in the international arena, i.e. the practice of legality, legitimacy and effectiveness of intervention. Philosophy of preventive/ preemptive actions, although controversial, suggests the need to redefine the classical sovereignty based on its Westphalian coordinates, projecting this way a new strategic vision folded on the structural constants of the new strategic environment (weapons of mass destruction, terrorism, failed states).
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This article deals with the question whether, and to what extent, private law regulates extraterritorial state acts. This question arises primarily in the context of use of force in international relations. The issue is of theoretical importance because civil liability of the state for unlawful extraterritorial acts stands at the intersection of private and public law and internal and international law and, as such, questions the appropriateness of some of the fundamental classifications and categories on which the modern law is based. The issue is of practical importance because civil claims have the potential to become an important mechanism for holding to account states that commit unlawful extraterritorial acts. The practical importance of this issue has been reignited in Serbia with the re-emergence of the initiative to sue NATO states for the compensation of damages caused to civilians and the environment in Serbia by the use of depleted uranium.
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September 11 terrorist attacks had an impact on many issues in international relations and international law. The matter of humanitarian intervention has also undergone substantial change and continued to evolve as the Global War on Terror continued. The first response of the United States was the intervention in Afghanistan, based on the natural right to defense defined in the UN Charter. The humanitarian intervention in Iraq that followed was guided by the principle of preemption, previously built into the U.S. National Security Strategy. It turned out that preemption wasn’t justified, however substantial reasons of a humanitarian nature remained for the intervention in Iraq. International law on humanitarian interventions continued to develop to a generally accepted principle of Responsibility to Protect (R2P), which, unfortunately, was not applied in Syria and led to an overall deterioration of the country.
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The trial of anyone already labeled a terrorist cannot, by definition, be fair. But the first casualty of war is always logic. Here come the dilemmas on the international human rights domain related to the terrorist phenomenon. Individual criminal responsibility is new and its exponents must be given time to sort themselves out. A good job is being done so far with the jurisprudence but much less so with court management and procedure. This article does not show that fair trials for state terrorists are impossible, but rather that international justice is in its very early stages. Milosevic’s trial or Saddam Hussein’s trial, even so different by nature, are parts of a learning process and we have to admit that in the case of non-cooperative defendants fairness has its limits – or rather must be balanced by fairness to the victims of the alleged crimes who have rights as well, and by the imperative of upholding the rule of law.
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Freedom of peaceful assembly represents one of the forms for involvement of individuals in the community’s political life. After identification of the relevant regulations of the European Convention for the Protection of Human Rights and Fundamental Freedoms, this paper firstly presents the fundamental standpoints of the European Court of Human Rights regarding restrictions to the freedom of assembly; thereafter, examines compliance of the legal solutions in Serbia with European legal standards in this field. The author concludes that the standards of the ECHR affirm the exercise of freedom of peaceful assembly as one of the significant postulates of democracy. The Law on Public Assembly (2016) Serbia has significantly enhanced the legal framework for the exercise of the right to freedom of peaceful assembly and achieves a higher level of compliance with national and European Union law.
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Legal acts and the most important documents in force in the Republic of Poland contain a multitude of wording of terms such as: war, state of war or time of war. The lack of legally binding definitions and the inconsistency of the use of similar (but not the same) definitions leads to different, often mutually exclusive interpretations of given situations, which may have different legal consequences.Only precise and strict defining of the above concepts by adopting their legal definitions would dispel many doubts and close the way to sometimes mutually exclusive interpretations. This is particularly important in terms of concepts and issues related to security and defense. Therefore, the author will present definitions and regulations resulting from Polish legal acts, referring to war, time of war and the state of war.
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