Around the Bloc: U.S. Sentences Kosovo Hacker to 20 Years in Prison
The culprit stole and delivered personal information to ISIS of more than 1,000 U.S. service members and federal employees.
More...We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The culprit stole and delivered personal information to ISIS of more than 1,000 U.S. service members and federal employees.
More...
Civilizational threats considered from ecological, economic and social aspects are the rudimentary reference point for theoretical studies on sustainable development. Manifold concepts and interpretations of the risk issue were converted into proposals for solutions that are primarily reflected in strategic documents on sustainable development and programs related to security. Mutual interactions, or even interpenetration of some threats on other may affect the efficiency of implementing preventive and corrective programs. Consequently, scientists point to the need of adopting more systemic solutions whose implementation requires a specific policy and properly selected tools of its realization. The key initiator and promoter of sustainable development is the United Nations. The objectives and directions of activities indicated by that organization and including prevention of such threats as poverty, hunger and environmental degradation, were proposed in the United Nations Millennium Declaration. The 15 years of implementing the document’s resolutions concluded in the preparation of a report summarizing the project, i.e. The Millennium Development Goals Report 2015. The present paper outlines the issue of threats in the context of international striving for security and reduction of global, primarily social, problems. It provides an evaluation of the ways in which the UN policy is conducted as well as practical realization of this policy, at the example of the Millennium Declaration. The conducted analysis allowed to define the future prospects for the implementation of this policy, especially with respect to preventing social threats.
More...
Despite the existence of legal regulations, which define and prohibit committing war crimes, genocide and crimes against humanity, despite numerous treaties, conventions and protocols being in force, which ban to use such kinds of arms as poison gas or biological weapon, as well as despite the functioning of ad hoc international criminal courts, a unified system of executing those norms and permanent ability to call to criminal account persons guilty of violating the law visibly lacked for a very long time. This was the aim of establishing the International Criminal Court at the turn of XX and XXI centuries. The hereby paper aims at presenting and analyzing the legal regulations determining its position, organization and the main principles of its functioning. Moreover, the Author attempted to estimate the effectiveness of its hitherto activity. The subject of the study is the origin of the International Criminal Court, the legal grounds of its organization and functioning, its status and international law position, its composition and internal structure, its competences from the perspective of an object and a subject, as well as the rules of procedure taking place before it.
More...
Recently, we have been celebrating the twentieth anniversary of the appointment of High Commissioner for the Promotion and Protection of All Human Rights by the General Assembly of the United Nations. From this perspective, one may attempt to evaluate the previous activities of the High Commissioner and his Office as far as the protection of all human rights is concerned. Inter alia, this publication serves this purpose. It will also provide us with the answers to such questions as: in which way and in what circumstances this institution was established, what aims were set and what tasks were assigned to it, what powers were conferred on it and finally what competences it was given to fulfill its aims. Since it is possibly the first such publication in Polish which is related to this subject area, it was mainly used to present the institution of the High Commissioner without going into any further considerations. Monographic method was used in the preparation of this elaboration.
More...
The International Law of Armed Conflicts as an assembly of legal rules that are employed in situations of armed conflicts is directed to finding the compromise between permanent military necessity and humanitarian tents. The objective of any war is to defeat the enemy as fast and as efficient as possible. The aim of humanitarian tenets and principles is to minimize the devastation that is direct consequence of that conflict and as possible to humanize anent to mitigate these effects. The force that is applied during armed conflicts that is really necessary for achieving the final objective which was the immanent reason for the conflict must be controlled and reasonable and in accordance to the aim provided. Frequently, during armed conflicts, willingly or not in all that huddle, not only human resources are being destroyed but also cultural properties that represent material evidence of the contribution of a nation to the context of global civilization. Due to the reason of military necessity the international protection of cultural properties is restricted anent there is a certain derogation of cultural properties protection based upon the tenets of humanitarian law. It is necessary to make an insight into the reality of armed conflicts that imply the destruction of cultural properties or cultural properties becoming the military objective and target in the course of action. It is required to establish when, under what circumstances, under what command and along what kind of precautions is it allowed to attack cultural properties?
More...
There is no doubt that in recent years we could observe the phenomena provoking a reflection on a possible process of axiological and normative transformation of the paradigm of international law. The contemporary international law is no longer limited only to the settlement of international conflicts but has been promoted to the rank of a comprehensive instrument to govern wider international relations. The concepts of human security and international justice have become an important element of law and international relations, thus providing a conceptual framework for international actions. Although the issue is very controversial, the concept of security is now applied both to a state and its population. It becomes clear that the humanitarian and individual goal of international actions cannot be perceived only as a side element of undertaken interventions. Popular or not, the global recognition that the protection of human security taking into account the rights and dignity of a person must become the main aim of the activities of international institutions is increasing. Human rights have become a leading part of international law and the respect for human rights is the focal point of responsibility in international relations.The analysis of the contemporary literature on broadly understood international relations, protection of human rights and international security can lead to the conclusion that R2Pis one of the most commonly used terms in contemporary international politics.
More...
What does copyright protection mean in Serbia? In the society in which the first association to piracy is an image of film sellers on the streets, in which artists rights are reduced to “dinar for music”, and even further, in which the Google search for “copyrights in Serbia” provides the law adopted in the time of the State Union of Serbia and Montenegro – it is very hard to discuss intellectual property protection at the same level as it is being discussed in the United States or the European Union. On the other hand, because of this lag, there is no question of the limits of creative freedom in Serbia and young people can still freely share the kingdom of the internet, without fear that they will end up in prison for downloading their favorite music.
More...
The paper deals with the principle of legality during putting in practice of Military police support to allied armed forces in the Host Nation Support operation on the Czech Republic territory. Security of sending nation armed forces weaknesses have been identified on the base of analysis of the issue current state supplemented by the legal framework assessment. Suggestions, for expert discussion of Military Police authority change, are in the last chapter.
More...
The article focuses on the evolution of one of the most vital elements of disciplinary proceedings, that being court control over disciplinary decisions. Regarding this issue the article discusses the jurisprudence of the European Court of Human Rights and the Polish Constitutional Tribunal. Presented historical and functional analysis of model disciplinary proceedings across many different professions, leads to distinction in the basic restrictions of the right to court and their character in disciplinary proceedings. With reference to appealing against the decisions of disciplinary bodies, the article makes it noticeable that the lines between civil and penal procedures are blurred. Finally, the article addresses the influence amendments being made in Polish penal procedure and the Acton Prosecution in the years 2015-2016, are having on the application of disciplinary proceedings.
More...
European bodies add their voices to fears for Khudoberdy Nurmatov’s life if he is deported to Uzbekistan.
More...
This article analyses the reasons for the dispute between Turkey and Israel within the scope of East Mediterranean energy sources. The study argues that the struggle started in the region due to natural gas and oil reserves, and sharing of sea authority areas in East Mediterranean. It is stressed that the Exclusive Economic Zone Agreement (MEB) drawing borders in the East Mediterranean signed by Cyprus, Egypt, Lebanon and Israel is controversial with the international law. The article supports that maritime jurisdiction between states should be shared justly and with regard to international law.
More...
The analysis of minority issue in Turkey is incomplete if it is made only in the Turkey’s conditions. The minority concept can be discussed within the framework of Law, Sociology and Politics. In international law and politics “minority” as a concept has been treated in three different periods and three different ways. The first period is between 1919 and 1945 where, under the League of Nations system, minorities have been seen as threats to the stability of the Nation State and thus they have been separated from the majorities. During the second period, between 1945 and 1992, “minority” almost disappears from the texts and the system established by the UN and Council of Europe emphasizes universal individual Human rights. After the collapse of the bipolar system the concept reappears, especially in the frameworks of Council of Europe and OSCE where Turkey is a member. In this new legal and political corpus “persons belonging to minorities” are protected.
More...
This paper looks at the use of the Serbian terms "kulturna baština" and "kulturno nasleđe" (both of which are translated as "cultural heritage") to refer to elements of culture preserved from the past and considered valuable enough to be preserved as part of the musealization of reality in its various forms. It offers an analysis of how, through the (re)introduction of the old/new term baština, patriarchy and essentialism – two elements of non-material cultural heritage that are ostensibly undesirable and not to be retained since they are contrary to international law – are being reinstated in the sphere of culture by bureaucratic means.
More...
This study focuses on the institutional perspectives of the European Union (EU) through the analysis of the relevant parts of the new Lisbon Treaty on the EU (2009). Special emphasis is put on the specific status of the EU in the international law, bearing in mind that the EU has obtained the legal personality recently, by entering into force of the Lisbon Treaty. This means its capacity to conclude various international agreements on behalf of the whole entity of the Union and to achieve the membership status in international organizations. Furthermore, clear division of the comptetences between the Member States and the European institutions has been made, together with listing of shared competences. The aim is to secure effective and smooth functioning of the EU. However, the final objective of the institutional improvements is to enable efficient enlargement of the EU. In concluding remarks, the author estimates that the process of the institutional reforms of the EU is not finished, but will depend on achievement of political unity through permanent negotiations within the Union. The current monetary crisis that has shaken the Union over the past few years indicates that the further reforms of the EU law, i.e., its constituent agreements, as well as reforms in the direction of the EU transformation into an important political factor, and not just an economic giant. To the extent that the EU is able to reconcile these contradictions and to fulfill the gap between its own economic success and attractiveness to non-member countries, on the one hand and its political inferiority and a lack of coherence at the EU level, on the other hand, to that extent future economic and legal prosperity of the Union will develop.
More...
Within international-legal regulations, human rights have been recognizing, since few years ago, the codifications in universal and regional, continental levels (European, inter-American, African). Since Arab Charter on Human Rights was introduced in 2008, we were able, for the first time, to face the particular system of human rights that is codified within the framework of a special civilization and legal domain that is not confined to the continents for the reason of Arab countries of Asia and Africa have been the signatories. The Charter, concerning its text, made a significant deflection from the traditionalists’ approach to human rights that had been so specific for the Arab world. It was written in a universal spirit, so it almost does not differ in its legal and technical sense from similar documents that establish the universal and particular systems of human rights elsewhere in the world. The mere process of acquiring the Charter was quite long and complex, and it was adopted for the first time in 1994, but it was not empowered, until revised and modified Charter form 2004 was legally introduced and decreed in 2008. Even though modernized, the Charter has several drawbacks. The most conspicuous one is the lack of adequate mechanism of protecting human rights. Therefore, there are initiatives set in the Arab world that the Charter be complemented by a Protocol that would establish the Arab Court for Human Rights, resembling to similar courts that thrive on European, American and African continent, with more or less achievement.
More...
International order is based on the consent of states and the principle pacta sunt servanda, thus making the treaty override a serious problem. When one party unilaterally overrules treaty provision(s), other party may undertake measures prescribed in the Vienna Convention on the Law of Treaties: termination or suspension. It is also possible to apply mutual agreement procedure. Usually, states avoid entering into re-negotiation of the treaties because it is time-consuming. The author differentiates between treaty override in monist and dualist states, and within the European Union, then makes conclusion about the absence of pure solutions and proposes global action for solving treaty overriding problem, which could have further impact on economic activity and wealth on national and global level.
More...
The essay presents the issue of the principle of self-determination from the perspective of international human rights law. The author highlights the close relationship between the principle of self-determination and the principle of respect for human rights and fundamental freedoms. In practice, the principle of self-determination is a prerequisite for the effective guarantee of human rights, and, at the same time, guaranteed protection of human rights is a prerequisite for implementing the principle of national self-determination. The author presents the issue of self-determination in the context of the basic regulations of international human rights law, considering regulations of both a ‘hard’ and ‘soft’ law character.
More...
The issue of the international personality of the Roman Catholic Church has been discussed on many occasions but still, as Josef L. Kunz rightly points out there is ‘... anastonishing lack of knowledge and understanding of the legal problem of the status of the Holy See in international law’. At least such is the case in Bulgarian legal doctrine, where even in the professional literature this issue is either underestimated, or very briefly or even inaccurately handled. The paper is built upon the premise that there is no doubt that the Holy See and the Vatican City State are two distinct subjects of international law. In the light of this statement, the study aims to achieve the twofold objective of clarifying some controversial issues and of bringing the subject up-to-date. To this end, the paper is organised in two parts which respectively deal, on the one hand, with the basic issue about the status of the Holy See and the Vatican City State as suigeneris subjects of international law, and, on the other hand, with the modern aspects of the international relations of those subjects, inter alia with the Republic of Bulgaria.
More...
This study aims to examine status of Jerusalem according to the International Law. The first part of the study looks at the recent history of Jerusalem and Jewish migration to Palestine during the British rule; limitations of self-determination right and to what extent it is carried out in Palestine are explored. The second part deals with Israel invasion of Jerusalem which was based on the UN General Assembly Resolution Number 181 on Partition Plan of Palestine. According to the International Law, Israel is not the owner of the city. Annexation of territory is not seen as legitimate according to the fourth item of the second article of the UN Charter. This issue is underlined both in the UN Security Council Resolutions Number 242 and 338- accepted after 1967 and 1973 conflicts and in the Venice Declaration- accepted by the heads of government and the ministers of foreign affairs of the European Community in 1980. Indeed, Israel tacitly accepted the situation. In the Declaration of Principles which was signed in Oslo in 1993 after the Israel- Palestine negotiations; the parties agreed on the issue of re-design of the status of Jerusalem. However, this is not dealt with in detail due to the occlusion in the peace process. As a conclusion, Israel was in occupier status in Jerusalem according to the international law. Israel under the hidden auspices of some countries- is enforcing many important executions such as generating an actual situation, building new settlements and removing ministries and bureaucratic institutions to Jerusalem and these implementations did not provide judicial legitimacy (de jure) to Israeli invasion.
More...
The principle of legality in criminal law is one of the main characteristic of a democratic and liberal legal system. Historically, it was created in the time of political and legal liberalization. It is embedded not only in criminal codes of the European states, but also in their constitutions. The author offers a thorough historical, comparative and doctrinaire analysis of the content, scope, implications and social and legal relevance of the principle of legality in criminal law. His scrutiny extends to several legal systems, including that of Serbia, other European countries, the United States, and even Israel and Japan. In addition, the author examines the concept of the direct application of international criminal law in national courts.
More...