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МЕЂУНАРОДНО ОСТВАРИВАЊЕ ИЗДРЖАВАЊА ЧЛАНОВА ПОРОДИЦЕ − БИРАЈУЋИ ИЗМЕЂУ КОНВЕНЦИЈЕ УН (1956) И ХАШКЕ КОНВЕНЦИЈЕ (2007)

Author(s): Sanja Marjanović / Language(s): Serbian Issue: 78/2018

Globalization and increased movement of people are a challenge for Private International Law. A proper legal regulation of cross-border dispute cases requires a higher degree of international cooperation. In the context of maintenance, it has generated the partnership of two world organizations, the Hague Conference on Private International Law and the United Nations, each of which has been dealing with this matter in its own way. The result of this cooperation is the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007) which, in terms of relations between the Contracting States, replaces the United Nations Convention on the Recovery of Maintenance Abroad (1956). Bearing in mind that the Republic of Serbia is a member state of the 1956 UN Convention only, the paper discusses the need to ratify the 2007 Hague Convention. As compared to the New York Convention, the Hague Convention brings multiple benefits, including: the right to an effective access to procedures, the right to free legal assistance, establishment of diplomatic reciprocity regarding the recognition and enforcement of foreign decisions, well-organized and precisely regulated system of cooperation between the central authorities. Given that the Hague Convention has become part of acquis communautaries, the Serbian ratification of the Hague Maintenance Convention is even more significant.

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Recent Developments regarding Compensation before the International Court of Justice: The Case Concerning Certain Activities carried out by Nicaragua in the Border Area between Costa Rica and Nicaragua (Part II)

Author(s): Victor Stoica / Language(s): English Issue: 19/2018

This article studies the manner in which compensation is interpreted and how it currently applies before the International Court of Justice through the perspective of the Case Concerning Certain Activities Carried out by Nicaragua in the Border Area.

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Review of the Volume „Persoana fizică în dreptul internaţional public. Prolegomene” [The Individual Person in Public International Law. Prolegomena], Author Aurora Ciucă, Published by LUMEN Publishing House

Author(s): Elena Unguru / Language(s): English Issue: 2/2018

The volume "The Individual Person in PublicInternational Law. Prolegomena", written by PhD professsorAurora Ciucă and published in 2017 at LUMEN Publishing House,Iaşi, Romania, is a work for a wide audience, which can be ofinterest from multiple perspectives: human rights, internationalcriminal law, European law, the status of the individual on theinternational level. It is a volume for lawyers and non-specialistsequally, an approach that addresses the above-mentioned problemsstrictly from the niche perspective of the status of the individual,that, in other words, modulates the legal discourse on themes, ofcourse, classical, well-known, but from a new approach and whichcompletes a void in the Romanian legal doctrine.

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The private international law communitarization

Author(s): Maria João Mimoso,Maria do Rosario Anjos,André Almeida / Language(s): English Issue: 17/2018

The Community impact on private international law (PIL) began to be felt in the late 1990s. A phenomenon that would become a visible reality through an exponential increase in legal texts of community origin on issues related to PIL. Such was anchored in the concern to ensure the proper functioning of the internal market and the need to regulate private relationships that went beyond the limits of each state, enhanced by the freedom of movement (people, goods, services and capital), one of the cornerstones of European Union. This study aims to reflect on the creation of the International Law European Private and its impact on state PIL. A literature review will be conducted in order to understand the evolution of this reality after the Treaties of Amsterdam and Lisbon. We will use a deductive and speculative reasoning anchored the views expressed by the doctrine, law and jurisprudence. We will try to demonstrate the disuse of the classic PIL (of state origin) in relation to the community PIL.

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Internacjonalizacja prawa jako instrument zarządzania antykryzysowego

Author(s): Natalia Kohtamäki / Language(s): English,Polish Issue: 02/2019

The aim of the article is to present leading theoretical considerations in the field of internationalization of anti-crisis management mechanisms. The internationalization of legal orders has become a fait accompli in the last decades. Pessimists, who in this context conclude the end of the nation-state, believe that such processes inevitably mean the destruction of state legal orders. The intensification of legislative efforts takes place especially in a crisis situation, when re-regulating in various sectors of the integrated market is to be a remedy preventing future crises and stabilizing existing disorders in a specific area of the economy. Legal theorists look at these changes more optimistically, analyzing the interaction between various normative systems in the international environment. The research problem concerns the necessity of normative solutions within the internationalized normative and institutional framework in a crisis situation. The basic research hypotheses concern: (a) the desirability of regulatory actions at the supranational / international level; (b) the inclusion of the Europeanized administrative law, which serves e.g. stabilizing markets, into the processes of legal globalization; (c) understanding the legitimacy of the activities of legislative bodies in the context of shaping a pluralistic / cosmopolitan normative order. The article is a theoretical analysis of the conceptual network used in the doctrine of European law.

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SPRE UN REGIM JURIDIC INTERNAȚIONAL AL DEȘEURILOR DE PLASTIC (DE LEGE FERENDA)

Author(s): Mădălina Virginia Antonescu / Language(s): Romanian Issue: 39/2019

Within the so-called ”Antropocene” age, the pattern of a global consumist society, often destructive or at least deprived of appropriate measures of environmental protection and regeneration, rises, at the beginning of XXIst century, a problem of how to augment the juridical responsibility for states and also, for non-states actors (transnational corporations, international organizations, individuals etc.), inclusively regarding a type of pollution more and more disseminated (the pollution with plastic products), but insufficiently analyzed and treated by juridical academics. At present, it isn’t a clear normative international basis universally opposable, especially devoted to this particular form of pollution (unlike the pollution with oil, which is precisely regulated in the environmental law). Among the comercial actors, we note that EU developed recently a whole legislation (of regulation, sanctions, and prohibitions) regarding this type of pollution (with special focus in combating the plastic waste and its effects on marine habitats). Nevertheless, any type of habitat (natural and human) is directly exposed to this type of pollution generated by the global consumist society, by the expansion of global markets and by the industrial production of plastic objects. Our paper explores briefly several international documents that can reprezent a legal basis in insuring an international regime of combating this type of pollution, that in future might be enriched by a special international convention devoted to this.

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Provocările unei traduceri specializate. Kritik des Interventionismus, de Ludwig von Mises, în traducere în engleză și română

Author(s): Alina Bruckner / Language(s): Romanian Issue: 1/2019

This paper is a result of the translation from German into Romanian of the collection of essays Kritik des Interventionismus, signed by the Austrian economist Ludwig von Mises. Therefore, the article intends to analyze not only the morphological and syntactic particularities of the German text, but also the difficulties and challenges of the Romanian translation. This analysis is also based on an English translation, that in our opinion was done under ideal circumstances, which are to be explained further in the article. To what extent could one still refer to the idea of “fidelity”, even though we deal with a specialized translation, is an essential aspect this article intends to focus upon.

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Jus Gentium and the Primary Principles of International Law

Author(s): Svitlana Zadorozhna / Language(s): English Issue: 2/2019

Jus gentium is a system of rules of law that takes its origins even from the inter-ethnic Roman law, that contains the basic principles of regulation of both internal and international law. Thanks to the jus gentium the customary general principles of law and the general principles of international law have been transferred from the ancient law to the middle ages when they were established as well as. Most of the general principles of law of peoples have become today the imperative principles of international law, and the general principles, that were developed by the Roman jurists, foremost, it is the principles of equality, justice, and humanism, that were reciprocated by the law of European states, eventually transformed into the general principles of national law, and through them - the basic principles of international law.Jus gentium made a significant impact on the formation of the basic principles of international law on the European continent, and later on - universal international law. In the structure of Roman law, three main elements were distinguished: jus civile, jus naturale, jus gentium. The main source of international law is usually jus gentium, but today international law also accumulates the general principles of law (jus naturale) and universally recognized principles of domestic law (jus civile), which is confirmed by the norm of art. 38 of the Charter of the United Nations. In jus gentium, we find the origins of the principle of sovereignty, establishes the principle of bona fide compliance, the principle of mutual courtesy (comitas gentium), develops the principle of succession, there are first principles of territorial space, the principle of res judicata - the principle of binding for the parties to the court decision. Most procedural and technical principles have their source jus gentium.

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Is There a Right of Option Between the Processing of Personal Data Legal Bases Regarding General data Protection Regulation 2016/679?

Author(s): Maria Dumitru / Language(s): English Issue: 2/2019

In order to ensure the protection of personal data and privacy through Regulation 2016/679 on data protection, several legal bases have been established that may underpin the legal collection and processing of personal data. In this article, we proposed to analyze if there is a hierarchy of them, a legal order of application or on the contrary, if there is a right of choice between the bases and, in this last situation, which is the concrete way in which the right of option is exercised.

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The Role of the „Like Minded States” Theory in the Codification of International Law

Author(s): Dumitriţa Nicoleta Ionescu Florea,Narcisa Galeş,Loredana Terec-Vlad / Language(s): English Issue: 2/2019

As a result of the long historical evolution on the international arena, a society of the states has been created, whose relations the international law is called to regulate. The main significance of the existence and functioning of this company shows the aspects of maintaining a certain legal and social order. At the same time, for the international community, the issues related to maintaining that order are of greater importance for international law than for the national legal order, or, in the international life, supranational universal bodies are lacking, having authority before the sovereign states. Due to the diversification of this field, the emergence of new subjects of law and new fields of application, in the development of international law, a series of tendencies have been manifested: first, categorically, there has been a metamorphosis of classical international law into a right of the entire international community.Today, international legal regulation is expanding on the newer areas of human activity, and international law is progressively developing. Older methods are being consolidated, as well as new methods are created to comply with the requirements of international law and to maintain the contemporary legal order based on the collective and individual measures of the states. At the same time, on the nature of contemporary international law and on the international legal order, as never, the activity of international organizations and the activity of social-political currents, as well as of nongovernmental organizations, is imposed.

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O nouă perspectivă asupra conceptelor de „evaziune fiscală” și „fraudă fiscală”

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O nouă perspectivă asupra conceptelor de „evaziune fiscală” și „fraudă fiscală”

Author(s): Cosmin Flavius Costaş / Language(s): Romanian Issue: 4/2018

As far as definitions are concerned, the concepts of “tax avoidance” and “tax evasion” are not sufficiently determined in international tax law. There is a very thin red line between what is allowed and what is forbidden in terms of tax arrangements that might lead to a reduction of the taxpayers’ obligations. Based on this difficult choice of words, there is an even more difficult choice of procedures and sanctions to be applied for the taxpayers’ behaviour. The author refers to certain (recent) evolutions in the field, particularly with the Italian doctrine, that might lead to a more accurate interpretation of the concepts and a more fair treatment of taxpayers.

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Regimul juridic aplicabil spaţiului cosmic - principii consacrate şi evoluţii înregistrate în domeniu -

Author(s): Felicia Maxim / Language(s): Romanian Issue: I/2013

Concerns have been expressed about how outer space, the Moon and other celestial bodies can be explored and used since the 1950s, materializing in the adoption of a considerable number of norms with binding and advisory legal value. However, research has shown that outer space is an area with yet unknown perspectives, which can qualify it as a relatively new field for international society.Therefore, the applicable legal regime must be studied and interpreted taking into account the new issues identified in the work carried out under the aegis of internationally established entities with space law powers. Worth noting are the efforts of the Committee on the Peaceful Uses of Outer Space, which, alongside its ongoing work, has been pursuing the exploration and use of space technology for the benefit of mankind, especially regarding climate change, the avoidance of natural disasters, ensuring the food safety and health of the population on earth. That is why in the UN Program on Spatial Applications it was emphasized that the priority areas of the program are: environmental monitoring, natural resources management, global health, disaster management, global satellite navigation system, climate change, space law, support for science and technology development spatial. The success of implementing the envisaged measures can only be achieved on the basis of international and regional cooperation between states, international governmental and non-governmental organizations.In conclusion, the general and special principles that form the basis of spatial law must be interpreted and applied in the light of developments in the field. Freedom of use of the outer space allows states with technological possibilities to carry out activities in the extra-atmospheric space, but not unlimited, this freedom assuming a number of obligations, such as the avoidance of cosmic waste, a topical issue in the international society. In other news, the use of space science-specific information but also of space technology to avoid disasters at Earth level must be done in the interest of all states regardless of the degree of development of each on the basis of the principle that cosmic space is a common heritage of all humanity.

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Les lois de compétence universelle et la répression des crimes internationaux: Vers une compétence extraterritoriale sélective ?

Author(s): Jacobo RÍOS RODRÍGUEZ / Language(s): French Issue: I/2013

La compétence universelle est définie par l’Institut du droit international comme « la compétence d’un État de poursuivre tout suspect et de le punir s’il est reconnu coupable, indépendamment du lieu de la commission des crimes et sans avoir égard à un lien de nationalité active ou passive, ou à d’autres fondements de com¬pétence reconnus par le droit international ». Elle est reconnue par le droit inter¬na-tional conventionnel et coutumier à propos de nombreuses infractions, étant soit un choix soit une obligation à la charge des États: cependant, son effectivité dépend de son intro¬duction en droit interne, rendant possible l’action du juge dans la poursuite de ces délits de nature particulièrement grave. Certains Etats sont particulièrement avancés dans l’introduction de cette compétence dans leur ordre juridique interne, mais il sem¬blerait que, suite à la modification restrictive et récente des lois belge et espagnole de compétence universelle ces dernières années, il soit possible de parler plutôt de la géné¬ra¬lisation d’une « compétence extraterritoriale sélective » et non pas d’une com¬pétence universelle absolue, telle qu’elle était conçue dans certaines conventions inter¬nationales. L’analyse de plusieurs lois nationales, notamment dans le cadre européen, montre les obstacles qui ont été volontairement introduits par les États, ne souhaitant pas répéter l’expérience belge ou espagnole ni devenir une source d’attractivité de plaintes n’ayant aucun point de rattachement avec eux. Cette régression implique sans doute un certain recul dans la lutte contre l’impunité.

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Dimensiunea internaţională a securităţii alimentare şi a protecţiei consumatorului

Author(s): Anamaria Toma-Bianov / Language(s): Romanian Issue: I/2013

Following the recurrence of serious events of food contamination across the globe, food safety has become a matter of ever increasing international concern for the global community and for international organizations such as World Trade Organization that decided to include health protection among its concerns. Health protection from foodborne hazards represented a subject of interest for other international organizations, such as World Health Organization that has defined foodborne diseases as a global public health challenge. Protecting global health from foodborne hazards is a compelling duty and a primary interest of both States and non-State actors; it calls for enhanced proactive cooperation between national and international institutions. Therefore we emphasize the necessity of harmonizing and enforcing the international standards in food safety in the national legislations.

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Problema cutumei ca izvor de drept internaţional spaţial

Author(s): Maria-Laura Vodă / Language(s): Romanian Issue: I/2013

Era of détente in Space Law facilitated the entrance into the international legal order, at an overwhelming speed, of five treaties that today form the corpus juris spatialis . The 1967 Outer Space Treaty (OST) stands as the fundament of Space Law codification, but the premises of its conclusion – prevention of arms race in outer space post Sputnik 1, beyond the perfect solitude of the Iron Curtain- made the approach of certain themes of major importance for the today commercialized outer space to be limited or even inexistent in these international treaties in force. The question is whether these issues can be completed with customary International Space Law norms and in which measure states’ practice regarding the development and launch of space applications is uniform and has the degree of generality requested for the creation of an emergent law of customary consecration.

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Turkey to Sort out the Israeli-Palestinian Quarrel? Turkey is making a point: they are fit and willing to mediate in the Middle East Peace Process

Author(s): Ariadna Anamaria Petri / Language(s): English Issue: I/2013

President Obama's recent visit to Israel, the Palestinian Territories and Jordan attempted to jump-start the stalled peace negotiations and made a very bold point by first resolving the dispute between Turkey and Israel. Since the collapse of the Ottoman Empire, Turkey maintained a good relationship with both Israel and the Palestinians and is a strong candidate for the role of mediator în their protracted conflict. Some qualities that support its bid include a good economic, commercial and military relationship with Israel; historic, cultural and religious ties with the Palestinians, a supportive Sunni majority, a strong alliance with the US and NATO membership and willingness to act as a mediator to reinforce its position as a regional power.

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Consideraţii asupra principalelor obligaţii stabilite prin acordul privind aplicarea măsurilor sanitare şi fitosanitare

Author(s): Petruţa-Elena Ispas / Language(s): Romanian Issue: I/2013

This study will analyze the provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures, as well as the main obligations deriving from it. At international level, the issue of food safety and, above all, the concern that food consumed is hygienically compliant are of great importance. We will present both the theoretical issues arising in connection with the obligations set out in the Agreement and some cases solved by the World Trade Organization's competent bodies in settling disputes between the signatory States of the Agreement. The Agreement on the Application of Sanitary and Phytosanitary Measures (MSF) entered into force with the establishment of the WTO and contains the basic rules governing the use of regulations whose main objective is to ensure food security and to prevent the entry into a country of diseases of origin animal or plant life. The rules contained in the SPS Agreement mainly refer to encouraging members to use standards and guidelines or international recommendations developed by the Codex Alimentarius Commission, the International Office of Epizootics (OIE) and the International Plant Protection Convention. The right of members to apply their own standards is expressly regulated, under certain conditions to be shown in the study. As we shall see in accordance with the provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures, the measures will be established only on the basis of a proper assessment of risks to human or animal life or health or to plant health, taking into account scientific evidence and analysis available in the matter. Members of the World Trade Organization have the possibility to adopt all the measures they deem necessary, the only restriction being that of the compatibility of national measures with the provisions of the Agreement.

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Scurte consideraţii asupra organizării şi funcţionării Codex Alimentarius

Author(s): Petruţa-Elena Ispas / Language(s): Romanian Issue: I/2013

This study will address the organization and functioning of the Codex alimentarius or the Food Code. The Codex Alimentarius is a mixed program developed by the Food and Agriculture Organization of the United Nations (FAO) together with the World Health Organization (WHO). Codex Alimentarius is the result of a long evolutionary process involving a large part of the global community. Individuals of different disciplines and interests have been involved in this process of evolution in order to reach the "Food Code" which in fact represents a collection of standards, codes of practice, guidelines and recommendations, some of which are formulated in generals terms while some are formulated in specific terms. Some provisions address certain detailed requirements for a food or group of foods, while other provisions relate to the management and operation of production processes or operations of governmental food safety and consumer protection regulatory systems. To help create standards, commissions and committees are set up within the Codex alimentarius, but in this article we will deal extensively with the duties and functioning of the Codex Alimentarius Commission, which, as we shall see, performs particularly important activities in developing Codex standards. We will also outline the particularities of the Committees operating at Codex level, showing the most important activities. The Codex standards have become more important with the adoption of the Agreement on the Application of Sanitary and Phytosanitary Measures, as the provisions of the Agreement specifically refer to the standards adopted under the Codex Alimentarius Joint Program.

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Protecţia internaţională a brevetului de invenţie

Author(s): Violeta Slavu / Language(s): Romanian Issue: I/2013

The need for international protection of invention is justified on the one hand by the enforcement of exclusive right to exploit, quite vulnerable especially after the publication of the patent, and on the other hand by territory limits conferred through the patent.Currently the headquarters matter regarding international patent protection is provided by the Paris Convention, the Patent Cooperation Treaty (PCT), Munich Convention and the TRIPS Agreement. Indirect protection in the European Union countries is provided by the Munich Convention as a result of the fact that EU countries have acceded to it. However due to quite cumbersome and costly procedure governed by the Convention, it necessarily requires the establishment of a legal framework at EU level aimed at simplifying unitary European patent. Thus, the European Union adopted Regulation (EU) nr.1257/2012 of the European Parliament and of the Council from17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection, Regulation (EU) No .1260/2012 of the Council from 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation and signed during the EU Council meeting in Brussels (18-19 February 2013) by 26 states, the Agreement on the European Patent Court with Unique Protection (UPC).After the most optimistic forecasts, these regulations will apply from 1st January 2014. Condition is that the agreement will be ratified by this date and by at least 13 signatory countries, including France, Germany and Britain.

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About the Right to Same-Sex Marriage. Some Considerations and Interpretations from the Constitutional Law Perspective

Author(s): Cătălina Mititelu / Language(s): English Issue: 2/2019

Both Natural law (Jus naturale) and Roman law (Jus romanum), and the main international instruments - (the Universal Declaration of Human Rights, the European Convention on Human Rights and its Protocols, the International Covenant on Civil and Political Rights etc.), with the obvious exception of the revised European Social Charter (from 1998) and the Treaty of Nice, from the year 2000, in which the two notions, „man” and „woman” were arbitrarily replaced by the notion of „spouses”, - have stipulated „expressis verbis” that a family is based only on the marriage between a „man” and a „woman”,Our legal study - with references „ad fontes” (to the sources) - offers to the reader of our paper the opportunity to become acquainted not only with the rules of „Juris romanum antiquum”, but also with how international and national law have perceived and defined the institution of marriage. In fact, regarding the old Romanian Law (Jus valachicum), we have emphasized that – through “The Great Nomocanon”, printed în Târgovişte in the year 1652 – it has actually reaffirmed the definition left by the famous Roman solicitor (jurisconsultus), Modestin, of „legitimate marriage”, i.e. of „justa nuptiae”, which can only be concluded between a „man” and a „woman”, hence the obligation of any civilist or constitutionalist to return to „the sources” (ad fontes), i.e. to the provisions of Roman law, of the our ancient national Laws and of the main international instruments of our time

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