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الولايات المتحدة الأمريكية والتوظيف القانوني لقرارات الأمم المتحدة في إحتلالها للعراق

Author(s): Suhaib Khalid Jasim / Language(s): Arabic Issue: 1/2017

After the collapse of the Soviet Union, the United States obtained an opportunity to map the world according to its own benefits and interests. The United States implemented a quest to arrange international issues within its interests. The Middle East was given special focus, but the US urge of instigating its project in the region in contrast to emergence of new international balances may hindered its project. Hence, the US declared its new world system and used 11 September attacks as a pretext to implement its new international system. The Middle East region was in the forefront of this new project. This research handles how the US used the UN resolution to justify its occupation Iraq.

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Uluslararası Hukuk Çerçevesinde Güney Çin Denizi Krizinin Değerlendirilmesi

Author(s): Cemre Pekcan / Language(s): Turkish Issue: 3/2017

China’s increasing activity in the South China Sea - one of the most important hotspots in the World- concerns great powers, mainly the US. Due to the strategic significance of the region, the problem becomes more complex as countries such as India become more involved to the problem to counterbalance China. In this context, development of the South China Sea crisis and territorial claims of the parties will be analyzed within the framework of international law in this article and the possible consequences of the role of India and the US will be assessed.

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ПРИЛОГ ЗА ЈАВНУ РАСПРАВУ О НОВОМ ЗАКОНУ О МЕЂУНАРОДНОМ ПРИВАТНОМ ПРАВУ РЕПУБЛИКЕ СРБИЈЕ

Author(s): Milorad Ročkomanović / Language(s): Serbian Issue: 63/2012

The primary objective of this article is twofold. First, the author explores the new Private International Law Act and, following the conception and structure provided by the framers of the proposed PIL Act, the author points out to some of its advantages and provides critical commentary on some of the proposed legal solutions. In that context, the author emphasizes that the proposed legal text should be regarded as the legislator’s attempt to draw closer to Europe without taking due notice of our own legal tradition, the appropriacy of some legal solutions and the actual needs underlying this subject matter in our legal context. Being aware that a detailed analysis of the proposed legal text may demonstrate that the framers have occasionally gone far beyond the common expectations, the author criticizes some of the proposed legal solutions. To that effect, the author considers that it has not been necessary to resort to a simple reception of legal norms contained in some contemporary PIL codifications and that the satisfactory results legislator could be achieved even without such a radical “separation from” our legal history. In line with the second objective which is clearly stipulated in the title of this article, the author endeavors to cast more light on the burning issue which has become prominent in the past few years; it involves the pressing need and our strenuous efforts to “ join” the European Union and its legal accomplishments. In that context, the author urges the framers of this legal text to exert an effort to give a personal finishing touch to the proposed act and to develop modern, efficient and above all practical legal solutions which would be a crown to their ongoing endeavor to regulate this area.

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PACEA ȘI IMPORTANȚA PRINCIPIULUI COOPERĂRII INTER-STATALE PENTRU PACE, LA ÎNCEPUTUL SEC. XXI

Author(s): Mădălina Virginia Antonescu / Language(s): Romanian Issue: 33/2018

We can say, regarding the neo-westphalian order at the beginning of XXI-st century, that the “peace” concept accumulates extended meanings. It is not possible to realize a concrete “state of peace” without fulfilling with good-faith, as states, some specific legal obligations assumed at international level (to cooperate and to respect the treaties, as participants). It is essential, also, for states, to keep in their juridical and political engagements the full meaning of “peace”, and not to see as ”a formal, obsolete obligation” the compulsory condition to contribute actively to preservation of an international and regional environment based on the respect of international law, especially, of principles of peace and good understanding between nations. The contemporary international system, in force from 1945, is based on the inter-connected obligations of states to respect the UN Charter principles and to give them a plenary value within the inter-state relations. The principle of good-vicinity, linked to the principle of cooperation between states and pacta sunt servanda, can bring an enforced legal ground, necessary for better way of functioning of the contemporary international order and also, targeted to avoid inter-state wars

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DIPLOMAȚIA ECONOMICĂ GLOBALĂ ȘI NOI EVOLUȚII ÎN LEGEA INTERNAȚIONALĂ

Author(s): Mădălina Virginia Antonescu / Language(s): English Issue: 30/2017

The 21stcentury global society is already a fact: it is developed on the basis of key-documents adopted under the aegis of the UN, designed to implement the “sustainable development” pattern, instead of the “consumer-type of society” obsolete pattern. Agenda 2030, as a recent UN document, provides legal and conceptual tools for the creation of new types of visionary legal terms, such as “global eco-diplomacy”, “global eco-politics”, “eco-sovereignty”, “eco-nations” etc. The necessity to adjust all the fields of policy and legislation (at infra-national, national, regional and international fields) to the growing demands of environmental and planet protection leads to exploratory studies about new forms of international law and about new evolutions of its basic principles

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CÂTEVA CONSIDERAȚII DESPRE SENSURILE CONCEPTELOR DE “NEO-COLONIALISM”, “INTERDEPENDENȚĂ” ȘI “DEPENDENȚĂ” ÎN LUMEA SEC. XXI

Author(s): Mădălina Virginia Antonescu / Language(s): Romanian Issue: 25/2016

The paper analyses briefly some evolutions of several conventional concepts (as neo-colonialism, dependence) into the contemporary global order, known as a system of interdependent international and national regimes, norms and markets. Far away from being obsolete concepts, sending to past times of colonial empires, the neo-colonialism and dependence concepts find new meanings and modalities of implementation in our global order. The paper proposes an exploration of these new meanings and it trys to reveal new shapes of manifestation into the global order that neo-colonialism and dependence concepts might have.

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TERORISMUL INTERNAȚIONAL – DELICT ÎN DREPTUL INTERNAȚIONAL PUBLIC CONTEMPORAN

Author(s): Alexandru Radu Ștefan / Language(s): Romanian Issue: 25/2016

Given that lately a large number of people from different countries joined the terrorist groups believe that terrorism has become an ideology with religious content, political, economic, xenophobic, racist, extremist, nationalist, separatist, who spreads globally

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COOPERAREA INTERNAŢIONALĂ ÎN LUMINA CARTEI ORGANIZAȚIEI NAȚIUNILOR UNITE

Author(s): Monca Diana Stanciu / Language(s): Romanian Issue: 19/2014

The article tries to present a clarification of the set phrase “acord de voinţă al statelor” (“free will of states”) in the debate with regard to the redefinition of the international public law. International cooperation is presented as a sine-qua-non condition in order to ensure world peace and security, as enshrined in the Charter of the United Nations. We drafted an interpretation of the motifs that led the authors of the UN Charter to the codification of the principles of international law, without defining them.

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Refugees, migrants and stateless persons in international law

Author(s): Tomasz Słapczyński / Language(s): English Issue: 2/2018

In the paper the author attempts to describe the issue of refugees as a very important problem in international law, a problem which generates profits e.g. a rise in human capital, as well as losses e.g. costs, for the countries involved. The balance depends on the policy of a given country, whether this country is able to capitalize on the human capital or whether it is only counting costs. Sometimes obligations resulting from international law are not sufficient to convince societies that accepting refugees is the right decision. The paper will focus on how, with appropriate legislative tools, the united world can help people who are in danger. The author will also pose a question whether enough is being done, or whether the scope and methods currently in use should be amended. The paper discusses the issue of refugees from the perspective of various organizations involved i.e. global institutions like UNHCR, European Union institutions, non-government organizations (NGOs) and contains a review of relevant legal acts such as the Treaty of Lisbon, the Geneva Convention etc. The author also touches upon the practical side of the refugee policy execution in various countries.

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Utvrđivanje odgovornosti međunarodnih organizacija u pravu i praksi

Author(s): Antonia Jutronić / Language(s): Serbian Issue: 3/2018

The formal recognition of international personality of international organizations has led to questioning of responsibility of international organizations for internationally wrongful acts. This article examines applicability of elements for establishment of responsibility of international organizations, by taking into account to a large extent the provisions of ILC’s Draft Articles on Responsibility of International Organizations and the practical examples issued from international jurisprudence. By determining differing nature of legal personalities of states and international organizations, what includes differing basis for establishment of responsibility for internationally wrongful acts, the author underlines also a non-uniformity of legal structure of existing international organizations. Secondly, the term of responsibility and its applicability to international organizations are examined in relation to three concepts: responsibility, liability и accountability. Bearing in mind that States, as original subjects of international law and creators of international organizations, participate actively in work of international organizations, the third part of the article put the question about the interaction between responsibility of member states and responsibility of international organizations.

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Релевантност међународног суда правде и међународна безбедност

Author(s): Marko Novaković / Language(s): Serbian Issue: 2/2018

Professor Eric A. Posner published in December 2004 an article “The Decline of International Court of Justice”, in which he analyzed decline of a caseload and therefore a trust in the International court of justice (ICJ). He analyzed two possible theories for this decline. On the one side he sees the issue in bias law application by ICJ judges and on the other side he sees ICJ as a victim of conflicting states interests. Following his arguments and analysis, we are going to test these issues in the period 2004- 2017 and explore if there are additional causes of this distrust as well. One may ask how these statistical data are connected to the international security? Although these two things might seem as not very connected, trust in the ICJ, especially if it is put in the line with another analysis that was conducted in this research – judge appointment at the ICJ. Connection, when established as following, is very obvious – ICJ as a principal judicial organ of the UN and the court with importance in the world stage, that surpass this formal title. ICJ has an immensely important role in conducting one of the main UN tasks – keeping the world safe and peaceful place. This role can only be achieved if numbers of cases, potential military conflicts, are brought in front of the ICJ especially those by “great powers”. And one of the main reasons why states are reluctant to do this is lack of transparency and bias approach of the ICJ judges. This appointment procedure is heavily affected by the P5 influence, not only because of the fact that every P5 member has always its citizen in the chamber, but also due to the fact that this practice limits positions for the other countries within regional groups. However, even that this “privilege” might be perceived as an example of inequality and to some point it definitely is, one have to take into consideration the fact that P5 members are contributing to the UN budged with over 40%. Although ICJ has its procedural and material imperfections, it was a long way to its establishment and all actors at the international stage have to carefully consider its role and influence. This especially goes to the main and most important subjects of international law, and the ones that are responsible for the formation of the ICJ but also for its preservation and relevance – states.

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IN MEMORIAM: akademik Vladimir Ibler (1913.-2015.)

Author(s): Vesna Skorupan Wolff / Language(s): Croatian Issue: 169/2015

In memory of the Professor Vladimir Ibler, F.C.A. (1913-2015)

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Delimitacija i demarkacija vanjskih granica Republike Hrvatske

Author(s): Vladimir–Đuro Degan / Language(s): Croatian Issue: 169/2015

The final demarcation of frontiers between the successor States of the former Socialist Federal Republic of Yugoslavia is a painstaking job faced with many obstacles. The present article deals in particular with external boundaries of Croatia. The demarcation of the entire frontier has so far been accomplished only in respect to the boundaries with Hungary and that in the application of the 1920 Trianon Peace Treaty, the party of which was the Kingdom of Serbs, Croats and Slovenes. In respect to land and maritime frontiers with Slovenia, after the written and oral procedures have been accomplished, the rendering of the arbitral award is expected in the near future. The negotiations with Serbia are in progress. The Treaty on Boundaries between Bosnia-Herzegovina and Croatia was signed in 1999 by the two Presidents, but it has never been ratified in Parliaments of the two contracting States. Since then, it has been provisionally applied without interruption for fifteen years. In 2002 Croatia and the former Federal Republic of Yugoslavia (Serbia and Montenegro) concluded a Protocol on the Interim Regime along the Southern Border, which Montenegro succeeded after it had proclaimed its independence in2006. This article deals especially with the provisional application of treaties in general and with the impact of unilateral acts of the termination of agreements on boundaries, boundary regimes and other territorial regimes, when their provisions provide for that option. The author stresses the importance of the freedom of navigation of merchant ships of all flags on the Danube River according to Article 1 of the 1948 Belgrade Danube Convention, and the right of natural and juridical persons to the peaceful enjoyment of their immovable properties that happen to be allocated on the other side of the frontier.

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Обичаји као извори међународног космичког права

Author(s): Boris Krivokapić / Language(s): Serbian Issue: 3/2018

The article consists of two basic works. The first one gives a very brief overview of the customary rules as one of the most important sourc es of international law. The central part of the work is the second one, which deals with customs as part of international Space Law. Important issues have been addressed here, such as: the moment of the emergence of customary rules in Space Law (the problem of so–called „instant“ cus toms), the role of customary rules in Space Law, evidence of universal customs in Space Law and their content, the content of customs that are part International Space Law, problems related to customs that are part of International Space Law (including the danger of abuse) and the perspec tives of custom as a source of International Space Law. Stating a number of arguments that confirm this, the author concludes that, for many rea sons, international legal customs will continue to be not only necessary and useful, but will remain among the most important sources of Inter national Space Law, with new ones becoming and emerging alongside existing ones.

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Cross-border Insolvency and Public International Law

Author(s): Aniruddha Rajput / Language(s): English Issue: 19/2018

The legal issues arising from cross-border insolvency primarily belong to the domain of private international law. However, in recent times, cross-border insolvency is arising under and giving rise to issues of public international law. The problems posed by cross-border insolvency are complicated, since the legal system in different States is diverse and there is no unified framework. Equally important are issues of efficiency and effectiveness of proceedings. We will be addressing all these issues and provide potential solutions in the present paper.

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A Brief Commentary on the Resolution on the Activation of the ICC Jurisdiction over the Crime of Aggression

Author(s): Ion Gâlea / Language(s): English Issue: 19/2018

On 14 December 2017, the Assembly of States Parties to the Statute of the International Criminal Court adopted by consensus a Resolution on the activation of the Jurisdiction of the Court over the crime of aggression. However, this Resolution contains an element of interpretation which seems to have given an answer to an important debate that preceded the activation of the jurisdiction over the crime of aggression. This article is a continuation of a previous study that attempted to explain the problem and the options for interpreting the Kampala Amendment. Thus, the present study proposes a brief analysis over the interpretative solution that has been suggested in the text of the Resolution and appears to be confirmed by the reactions of the States, following the adoption of the Resolution

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Events in the Romanian Practice of Implementing International Law (January-June 2018)

Author(s): Bogdan Aurescu / Language(s): English Issue: 19/2018

This brief presentation of the Romanian practice during the first semester of 2018 in implementing international law tries to give an overview of what can be termed as a very rich activity of the Romanian authorities in this field. The paper describes the legal positions expressed on various occasions regarding events with relevance to international law, legal procedures regarding important agreements signed by Romania, Romania’s participation to the most important international organizations etc.

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L’arrêt Al Nashiri c. Roumanie – le Retour des Black Sites devant le Juge de Strasbourg

Author(s): Carmen Achimescu / Language(s): French Issue: 19/2018

Dans l’affaire Al Nashiri c. Roumanie la Cour EDH a du analyser des aspects extrêmement délicats relatifs à l’applicabilité de la Convention en cas de violation des droits garantis commises sur le territoire d’un Etat partie à la Convention par les agents d’un Etat tiers. Notre analyse ne portera pas sur les nombreuses violations substantielles de la Convention constatées dans l’affaire, mais sur la question de l’imputabilité des faits, ainsi que sur la preuve des omissions coupables de la Roumanie, qui ont engagé sa responsabilité sur le terrain de la CEDH.

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The Problematic of an Automated Effect and Margin of Appreciation in the Context of UN Targeted Sanctions Implementation Challenges

Author(s): Cătălin-Nicușor Ghinea / Language(s): English Issue: 19/2018

The establishment of the Sanctions Regimes at the UN level with direct effects on individuals and entities has created a global jurisdiction, without also assuring at the outset a proper implementation control, an aspect viewed as a substantial imbalance. Though considered "smart" or "targeted", the UN Sanctions being assimilated with preventive measures, their effectiveness and mandatory nature depend on the supranational action of the Security Council, which extend to the actual implementing manner adopted by the Member States. Yet, the burden of objectives’ accomplishments relies almost solely on the proper enforcement decisions at domestic level. As the States, on one hand, are obliged by the UN Charter of engaging in a specific conduct in order to ensure an exact application of the respective UN Resolutions instituting sanctions and, on the other hand, the availability of a real margin of appreciation is called into question, the national and European authorities (EU level), in particular,were confronted with the never-ending dilemma of the exact effects set under the international law of the UN membership status and of Articles 25 and 103 of the UN Charter, when dealing with specific UN Targeted Sanctions.

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Koncept jedinstvene morske granice i rješavanje spora o razgraničenju u Crnome moru : Rumunjska – Ukrajina

Author(s): Marina Vokić Žužul / Language(s): Croatian Issue: 168/2014

The recent case law confirms a trend towards a single-line maritime delimitation of continental shelves and exclusive economic zones between states with opposite or adjacent coasts. This paper focuses on the establishment of such a common border line, which was requested by Romania and Ukraine in the proceedings before the International Court of Justice in the Hague.Two adjacent and opposite coastal states in the north-western part of the Black Sea disagreed regarding the course of the maritime boundary to be established, and in particular on the role of the Serpents’ Island, situated approximately 20 nautical miles east of the Danube delta. The paper explores the historical roots of their dispute, as well as the causes of unsuccessful negotiations during the period of six years, and analyses the proceedings before the Court. In a unanimous decision in 2009, the Court determined - in accordance with the UN Convention on the Law of the Sea - the course of a single maritime boundary between the continental shelves and exclusive economic zones of the two states. In a carefully reasoned decision, the Court for the first time set out its ‘’delimitation methodology’’, already developed in its previous jurisprudence, and explicitly provided three stages of this process. The first stage is the establishment of a provisional delimitation line; the second is consideration whether there are factors calling for the adjustment or shifting of that line; and finally, in the third stage, the Court verifies that the line does not lead to an inequitable result. The Judgment contains a number of useful clarifications of articles in the 1982 Law of the Sea Convention, notably 74 and 83, which is of particular importance for the future delimitations of the Republic of Croatia with the neighbouring states in the Adriatic.

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