INTERNATIONAL MILITARY MISSIONS LEGALITY- A SINE QUA NON CONDITION FOR SYNTHETIC INDICATORS’ ASSESSMENT

Author(s): Florentin Adrian Ilie / Language(s): English Issue: 3/2008

The particular importance given to the quantification (assessment) of the military actions and especially those with a multinational participation through the use of the synthetic indicators, in my opinion is the natural consequence of the extremely rapid development of the society at all levels while diminishing the resources and increasing the financial constraints. The results of this evaluation are relevant only to the extent to which the action(mission) is perfectly legal otherwise both the mission and the quantifying indicators lose their meaning; being illegal, their efficiency could turn into the reverse. Frequent references to Law no. 42 / 15 March 2004 on the participation of armed forces in missions outside the Romanian territory, come to emphasize my conviction that it is remarkable that for such missions Romania has an unambiguous regulation.

The Impact of the Activity of the United Nations General Assembly in Maintaining Peace among the States of the World

Author(s): Liana-Alina Manciu / Language(s): English Issue: VIII/2020

The United Nations Organization is based on the sovereign equality of all its members, on each state, large or small, all states being equal. The General Assembly is the sole body in which all members states of the United Nations have an equal chance to discuss their common issues of global concern. The United Nations General Assembly represents the sole authority appointed as the open conscience of the world. Since all the members of the General Assembly have a right to vote, the resolutions on issues of global concern are adopted by a majority vote. Some resolutions of the General Assembly are fundamental and they may undoubtedly create general law principles. Thus, the General Assembly may contribute, indirectly if not directly, to the progresses recorded in the process of law modernization. The UNO Charter attributes to the Assembly the task of making recommendations that may progressively contribute to the development and codification of the international law.

Considerations regarding the systematization of political and diplomatic instruments of international dispute settlement

Author(s): Robert Damaschin,Georgiana Mihăilă / Language(s): English Issue: VIII/2020

The current paper seeks to analyze the main political-diplomatic methods that apply in the event of an international dispute between two or more states. Thus, based on the principles of strict limitation on the right to use force against another state, states faced the challenge of solving international disputes through means that do not rely on the use of force or the threat of it. In compliance with article 33 of Charter of the United Nations which states that in case there is any dispute that can endanger the maintenance of international peace and security, the parties need to determine, through peaceful means, the suitable solutions. The peaceful settlement instruments of international disputes are divided into three categories: political-diplomatic means, judicial means, and settling disputes through international organizations. However, the current paper will only focus on analyzing the political-diplomatic means of dispute settlement, as these methods are the most pervasive considering their intrinsic advantages.

Coronavirus and Force Majeure – Impact on International Trade Contracts

Author(s): Maria Carolina Niţă / Language(s): English Issue: VIII/2020

The SARS-CoV-2 pandemic and the measures taken by the governments in all the countries of the world for limiting the COVID-19 virus effect on the human health have continued to have a significant impact also on the international trade. A number of states, including Romania, have adopted a series of regulations and mandatory measures designed to prevent the spread of the virus. From a legal perspective, these measures give rise to many problems and controversies. The legal implications of the pandemic and the measures applied to control the virus inevitably depend on the competent jurisdiction, on the applicable law, but also on the way in which the parties themselves understood to regulate or to adapt their contractual relations, in the given context. At this time it is important that counterparties carefully assess and analyze the agreements concluded, in order to identify their rights, obligations and liability, and therefore, to adopt the best partnership behavior. In particular, the parties should be aware of any type of communication obligations and they should ensure that these obligations are fulfilled, especially those relating to the "force majeure" clauses.

Conventional representation during the state of emergency

Author(s): Andreea Diana Stupu / Language(s): English Issue: VIII/2020

The author presents in this study aspects regarding the conventional representation of both the natural person and the legal person, during the state of emergency established at national level, as well as innovative ways of implementing the institution of representation and the given context.Considering the situation created globally by COVID-19 and the fact that in Romania a series of military ordinances were issued by the Ministry of Internal Affairs, which prohibits the movement of all persons outside their home/household, the institution of representation is severely affected, which in the end affects the daily activity of the persons, by the impossibility of concluding legal acts.Therefore, we will make an analysis of the constitutionality of the restriction measures, as well as of the possibility of the conventional representation of both the natural person and the legal person, exposing innovative ways of representation, in accordance with the current technology.

POJAM MEĐUNARODNOG KRIVIČNOG DELA I NJEGOVA EVOLUCIJA

Author(s): Fernanda Florentino Fernandez Jankov / Language(s): Serbian Issue: 2/2020

Rasprave o pojmu međunarodnog krivičnog dela su još uvek aktuelne. Njegova evolucija, kao i evolucija pojedinih oblika međunarodnih krivičnih dela i dalje je prisutna i praćena brojnim polemikama. Autor u prvom delu rada sažeto predstavlja istorijski razvoj međunarodnih krivičnih dela, dok se nakon toga, u drugom delu, posvećuje istraživanju koncepta međunarodnog krivičnog dela i njegovih ključnih karakteristika. U trećem delu rada, autor proučava koncept međunarodnog krivičnog dela na način na koji je postavljen u Rimskom statutu, kao i ključne karakteristike četiri međunarodna krivična dela koja su sadržana u Rimskom statutu. U završnom delu, autor ukazuje na probleme i nastoji da pruži predloge za njihova unapređenja.

Some Remarks on the Protection of Legitimate Expectations in International Investment Law

Author(s): Marcin Kałduński / Language(s): English Issue: 1/2019

This article examines the nature of legitimate expectations in international investment law. The author considers international investment case law to suggest that legitimate expectations consist of four basic elements: specific representation or promise made by the host State, legitimacy, reasonability, and objectivity of expectations, reliance (trust) the investor had in the representation made by the host State and the substantive benefit received by the investor by way of representation or promise made by the host State. After briefly explaining the basics of the protection of legitimate expectations, the article addresses each element, including the criteria of effective representations or promise made by the host State that is capable of creating legitimate expectations. It also shows that the focus should be placed on the reliance element

Electronic Evidence in the Light of the Council of Europe’s New Guidelines

Author(s): Bartłomiej Oręziak,Marek Świerczyński / Language(s): English Issue: 1/2019

This paper aims to analyse the significance of the “Guidelines of the Committee of Ministers of the Council of Europe on electronic evidence in civil and administrative proceedings” adopted by the Council of Europe on January 30, 2019. The authors examine the practical aspects of the specific guidelines following from this soft law instrument. They make an in-depth analysis of metadata as an essential element of electronic evidence. The authors also present the fundamental principles of electronic evidence, as presented in the Guidelines, along with an explanation of their meaning, including the principle on the protection of human rights and rule of law. The paper ends with the authors’ conclusions regarding treatment of electronic evidence in the courts, the practical significance of the Guidelines and the importance of IT law in legal education.

The Galleon ‘San Jose’. Almost Four Decades of Legal Struggles on the National and International Plane

Author(s): Maciej Żenkiewicz,Tadeusz Wasilewski / Language(s): English Issue: 1/2019

The article presents the history and current disputes surrounding the Galleon San Jose. As an on-going case since 1980s, the dispute involves various actors on national, as well as international level. The article discusses this issue focusing on four relevant elements: international and national law, politics and diplomacy. Legal obligations under international law which may be applicable to San Jose galleon are presented, with comments regarding its applicability to Colombia. Subsequently, Colombian relevant national legislature and judicial decisions are discussed, to establish how the Galleon with its treasures may be classified under Colombian civil law. In the last part two elements are presented, namely: politics and diplomacy. This part presents in particular an attitude and actions regarding the case after announced discovery of the shipwreck of the Galleon in 2015.

RESOLVE DISPUTES IN CONSTRUCTION TREATIES ACCORDANCE WITH CASE LAWS IN IRAN

Author(s): Sadrolhosseini Fatemeh,Iranmanesh Mohsen / Language(s): English Issue: 4 (49)/2020

Disputes in the treaties may arise for a variety of reasons, and thesedisputes can lead to a waste of time and increased costs in almost of projects due to thelack of a proper legal procedure; therefore, identifying and preventing the occurrence of thetreaties in the construction treaties can increase productivity and achieve the goals of thetreaties. In this regard the authors have been tried to examine the common legal disputesand claims in the construction treaties and the roots cause of the reasons of disputes, aswell as to find solutions to prevent disputes in the construction treaties. In the case ofbuilding sales treaties, it is considered that the lawsuits are related to the difference in areaof the property being traded and the non-determination of the price at the time of concludingthe transaction. As well as, by examining the legal and engineering dimensions, it is possibleto predict practical and realistic problems in the form as much as possible; because asstated in some recent research by experts in this domain and the requirement to start thepaper, most of the differences are occurred when signing the treaty and due to lack ofknowledge, awareness and mastery of the parties to the treaties, both legal and engineeringissues. In fact, this paper consists of several sections that describes the prevention ofdisputes and dispute resolution methods in the construction treaties in accordance with therelevant case laws in Iran in several speeches.

K některým otázkám vývoje státního občanství na území dnešního státu Izrael a na palestinském území

Author(s): Veronika D’Evereux / Language(s): Czech Issue: 3/2020

Two nations might have a “genuine link” towards the territory of the current states of Israel and Palestine. The Arab nation is considered to be the indigenous peoples. The members of the Jewish nation in accordance with the League of Nations diction, began the emigration process in the 20th century in connection to the so-called “law of return” to Palestine, which was historically considered their national homeland. During the past hundred years, political development have led to numerous changes in relation to the citizenship of the subjects living in the territory of Mandate Palestine. The first milestone was the creation of the State of Israel and the second one was the emergence of the state of Palestine. Legal issues related to the citizenship of the Palestinian population are not effectively codified and defined until this day.

Cazul ATV ZRT c. Ungariei

Author(s): / Language(s): Romanian Issue: 2/2020

THE MEANING OF CONSCIENTIOUS OBJECTION AS AN INSTRUMENT OF EXECUTING THE CONSTITUTIONAL FREEDOM OF CONSCIENCE IN SLOVAKIA

Author(s): Marek Šmid / Language(s): English Issue: 1/2020

Introduction: Freedom of conscience is a fundamental requirement in all areas of life, especially in social work and medicine. The main reason for the concept of objection of conscience is a fundamental human right called freedom of conscience. Core of work: All the indications, de lege lata, as well as de lege ferenda, make it necessary to adopt an international bilateral treaty regulating the right of conscience. The treaty should be concluded at the international level with the Holy See and at the national level between churches and religious societies and the state. This treaty, being a part of International law, prevails over Slovak law as well as the law of the European Union in accordance with, and in terms of, their laws. There are no direct precedents in Europe; this attempt may serve therefore in general as the search for new potential ways for the protection of freedom of conscience. Conclusion(s): The article, relying on international law and case law, is an outline and starting point for the regulation of objections of conscience in order to implement constitutional freedom of conscience. Indirectly implementing such a regulation via an international treaty with reference to the law of the State seems to be an acceptable way for the future.

THEORETICAL AND PRACTICAL ASSESSMENTS OF TRANSFER PRICES. LEGAL EVIDENCE FROM ROMANIAN CASE LAW

Author(s): Florin Cornel Dumiter,Ștefania Amalia Jimon / Language(s): English Issue: 40/2020

Transfer pricing represents the mainstream agenda in the light of tax law, lato sensu, and international taxation, stricto sensu. At the international level, there can be an emphasis on several problems related to taxation: double taxation, double non – taxation, permanent establishment, business profits, residence criteria, arm's length principle, mutual agreement procedure, dispute resolution of tax conflicts. However, the problem of transfer pricing has more profound judicial and economic implications. The main objective of this paper is to evaluate and assess the underlying features and characteristics of transfer prices in the economical and judicial actual context. The operational objectives are related to a quid pro quo analysis regarding the fine-tuning aspects of transfer pricing in the digital taxation era. The case law presented in this article tackles the main problems of applying transfer pricing international regulation upon Romanian tax jurisprudence. The conclusion of this article highlights the need, mutadis mutandis, for a tax policy agenda revealing a strengthened fiscal and financial environment towards the creation of a new proper fiscal space.

COMPARATIVE LEGAL RESEARCH-BUILDING A LEGAL ATTITUDE FOR A TRANSNATIONAL WORLD

Author(s): Muhammad Imran Ali / Language(s): English Issue: 40/2020

Comparative Legal Research (CLR) is a valuable tool for legal research because it expands the history of community experience. Understanding basic knowledge in different systems fills the knowledge gap. However, the principles of globalization and universal human rights require a greater role for systematic CLR. This article analyzes the role of comparative legal research in contemporary legal education. The discussion is based on the idea that it is useful to distinguish between the education of lawyers and the conduct of comparative legal research. Comparative law is a successful field of study that has ignited a growing interest in academic and legal education in recent decades. It is proposed to pay more attention to the comparative pedagogy of legal research in today's world, where law students must be prepared to function in a global context. While comparative academic research, the goal is to foster a deep cultural understanding of foreign law, but in legal education, the goal is to learn the spirit as an advocate. This article provides an overview of the key conceptual tools to tackle the problem of the comparative methodology by introducing the logical argument to help the researcher to filter his approach. A literature review method will adopt for this article.

RELEVANT ISSUES OF EXPLORATION THE CONCEPT OF INDIGENOUS PEOPLE IN THE INTERNATIONAL LEGAL INSTRUMENTS AND UKRAINIAN LEGAL DOCTRINE

Author(s): Dariia Melnykova / Language(s): English Issue: 40/2020

In this paper, the problem of determination of the legal personality of indigenous people as a subject of international law is considered. Hence, the problem articulated above leads to the issue related to aspects of practical realization and protection of rights and freedoms of indigenous people enshrined in international legal instruments, which is revealed. The confusion of the term “indigenous people” with that of “national minorities” can be avoided by the subjects of international law. However, one cannot find a solution to this problem without envisaging written rules on the concept of ingenious people in one obligatory, for contracting parties, an international legal instrument. Thereafter, the concept of indigenous people must be unified and, consequently, used by all international legal community. The relevance of this study is due to the need to determine the legal status of indigenous peoples in Ukrainian law. Ukraine has recently acceded to the UN Declaration on the Rights of Indigenous Peoples, which defines the need to implement these provisions in national legislation and ensure the practical implementation of the rights and freedoms enshrined for indigenous peoples. To date, the Constitution of Ukraine makes a distinction between the categories of national minorities and indigenous peoples, but there is no specialized comprehensive law that would determine the legal status of indigenous peoples in Ukraine, in the presence of such a law on national minorities. Thus there is a need to determine the concept of indigenous peoples in Ukrainian legislation.

DEVELOPMENT OF SELF-DETERMINATION RIGHT AND THE ROLE OF ICJ: STATEMENTS ON THE SOUTH WEST AFRICA (NAMIBIA) ADVISORY OPINION

Author(s): Harun Koçak / Language(s): English Issue: 1/2020

Self-determination has been one of the main controversial issue on international relations and law; therefore, it is not surprising that although the nature of such disputes has changed over time from political to legal, the International Court of Justice continues to confront the relevant disputes. When a close look at the relevant cases, while many countries claim that self-determination is only a political passion, the important role of International Court of Justice (ICJ) in the development of self-determination and its obtainment a legal ground is recognized. The aim of this study is to analyze the development of self-determination right through 20. Century and the importance of the ICJ in this development. This will be achieved in the light of the Court's judgments, state declarations, which were not mentioned enough in similar articles, and the views of the judges to be examined in the South West Africa (Namibia) Advisory Opinion that were concluded by the Court.

Natura juridică a normelor imperative în dreptul internațional

Author(s): Vitalie Gamurari,Aliona Cigulea / Language(s): Romanian Issue: 1-2/2020

The process of codification of international law is unimaginable outside the recognition of the imperative nature of certain rules, including in the light of the effects produced by them in relation to subjects of international law, especially the states. However, such an approach has found its reflection not only in the theory of international law, but also in international jurisprudence, whether it is about courts with a universal vocation or specialized.

ONU şi rolul ei în prevenirea și combaterea corupției

Author(s): Adriana Cazacu / Language(s): Romanian Issue: 1-2/2020

The last decades of our century are characterized by a development of international relations, in which the aspects of interstate cooperation occupy an essential place. A distinct factor of this process is the large number of states and people that take part in these political, legal, economic relations, etc., as well as their tendency to participate on an equal footing in solving the problems of the contemporary world. An essential contribution to the establishment and intensification of current relations of global cooperation has the institutional framework — permanent and global — created after the Second World War, represented by the United Nations. Thus, UN member states, without exception or discrimination, have the right and duty to participate in the examination, debate and resolution of all issues of interest to the international community. One of the problems analyzed by the UN member states is the phenomenon of corruption, which is the enemy of democracy that can restrict and violate fundamental human rights and freedoms. In fact, corruption can affect not only citizens but also civil servants, as well as the quality of public services, undermine political, economic and / or legal systems, including support for terrorist financing, encourage extremism, lower tax revenues and support organized crime networks.

ANALYSIS OF THE INCREASING ROLE OF NGOS IN INTERNATIONAL PUBLIC LAW

Author(s): Patricia Papuc / Language(s): English Issue: 2/2020

In this paper we offer an analysis of the increasing role of NGOs in international public law and assess whether NGOs can be considered subjects of international law. We give a brief overview of how modern NGOs came into being in the 19th century, and how they gained prominence on the world stage with the growth of international public law in the 20th. Using the examples of Interpol and the International Federation of the Red Cross, we give our view on the debate concerning whether these as NGOs can be considered subjects of international law. As we subscribe to the definition of professor Besteliu that NGOs must be a creation of „legal personalit[ies] registered in the domestic legal order of a state” we come to the conclusion that, although the importance of NGOs has grown tremendously in an international legal context, currently no NGO can be subject of international law.