Značaj Nirnberga
Persons who vigorously oppose the Vietnam War sometimes rely heavily, if not exclusively, upon Nuremberg as the justification for their opposition .
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Persons who vigorously oppose the Vietnam War sometimes rely heavily, if not exclusively, upon Nuremberg as the justification for their opposition .
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The paper seeks to explain how the government in Bosnia and Herzegovina and Croatia has responded to the challenges of the pandemic of Covid-19, with an emphasis on the constitutionality of measures and activities, ensuring and restricting human rights and the results of government organizations. Namely, the goal is to examine whether these two countries responded in a timely manner to the greatest challenges of the pandemic, improving the legal framework of their countries and ensuring the highest level of human rights protection. The comparative overview of Bosnia and Herzegovina and Croatia was made due to its geographical proximity, but also the fact that Croatia is in the EU, and Bosnia and Herzegovina is in the process of European integration. I want to see how much Bosnia and Herzegovina has followed its neighboring countries and adopted European practice. Namely, whether they had a similar or completely different approach to resolving emergency situations.
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Basing our work on facts we will describe and present the position of Bosniaks in Sandžak in the period from 1992 to 2000. We will analyze the constitutional and legal position, political organization and activities of Sandžak Bosniaks in that period, as well as the repression and violation of human rights, that is, the organized state terror that was perpetrated against Bosniaks, as well as the attitude of the Serbian state authorities towards this issue after the overthrow of Slobodan Milošević ‘s regime.
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At a time of progressive development of public international law, the internal self- determination of peoples has no alternative, but external self-determination is justified in a situation where, as a result of oppression, dispossession, and collective discrimination, a certain people have full rights to freely determine its political, social, economic, and cultural setting. In the case of Kosovo, the right to “remedial secession” based on the right to external self-determination has been achieved. According to many legal scholars, the related right is an exception and could be realized outside the colonial context, in limited circumstances that resemble the colonial paradigm. Modern customary public international law provides a legal basis for the introduction of the concept of the right to “remedial secession” and forms an argument that is supported by the “Great Powers” and is consistent with international institutional practice provided that the people’s fundamental human rights are threatened. This article aims to explain through the case of Kosovo that the external form of self-determination, which includes secession, is possible only exceptionally in the case of grave violations of human rights and freedoms, war crimes, repression, and systematic oppression, and that the internal self-determination of the peoples is a more acceptable form of realizing this collective human right, which should be realized through broad constitutional and legal reforms in every multi- ethnic state (a certain degree of autonomy or decentralization).
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Through the concept of intersectionality, this paper examines the marginalisation, exclusion and disciplining by dominant institutions and systems, of Muslim women in Bosnia and Herzegovina who wish to wear the headscarf in the country’s public service. It contributes to the conceptualisation of a larger situational framework that captures the complex positions and lived experiences of Bosniak Muslim women, through the case of Emela Mujanović Kapidžija of the Armed Forces of Bosna and Herzegovina. Mujanović Kapidžija’s repeated requests to wear the headscarf while in uniform triggered reactions that revealed the underlying Islamophobic and sexist culture that has long dominated the country’s social, political, legal and psychological spheres.
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From the perspective of the political theory such is the one in Tractatus Theologico-Politicus by Benedictus Spinoza, the purpose of the state as a legal order is the establishment of the permanent condition of security and preservation of the people’s liberty. This also presumes instrumental-functional purposefulness of the state apparatus, which reflects in the combination of protection and obedience. Such a legislative establishment has its real and abstract dimension. Ideally, the latter is in service of the former. Problems that occur in practice as a challenge to the legal order are states of emergency, which are directly confronting security and freedom thus making them mutually exclusive. From that angle, legal-political thought is in need of a clear and distinct understanding of the concepts of freedom and servitude in the context of submission to the autonomous legislation of mind.
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The aim of the article is to present the issues related to the processing of sensitive data, including biometric data, in thecourse of scientific research and for the purpose of achieving the objectives of such research. This study indicates the purposesof scientific research, the legal grounds, standards of conduct, premises legalizing data processing and the rights of persons in thescope of processing their data. It is important to reconcile the protection of personal data with research challenges, especiallyrelated to the possibilities of using innovative technologies in order to effectively detect and fight various forms of crime.Thepublication discusses European regulations: Regulation 2016/679 of the European Parliament and of the Council of the EuropeanUnion of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movementof such data, and repealing Directive 95/46/WE and national provisions contained in the Act of 10 May 2018 on the protectionof personal data (Journal of Laws of 2019, item 1781). During the literature review a number of studies relating to the protectionof personal data was identified. The authors, in particular in monographs, analyse the issue of personal data protection in thecontext of data protection in the Polish criminal trial, in civil or educational cases. This publication focuses on one of theaspectsnot often discussed in scientific studies, which is the protection of personal data obtained for the purposes of scientific research.The publication aims to introduce the standards in force in the field of personal data protection in the context of empirical research.The issue is so complex that it requires in-depth discussion, especially since many researchers, taking up the challenge and effortof scientific research, have to face the problem of personal data protection, both for researchers and participants in the researchprocess. In view of this conclusion, it is reasonable to present in this publication the fundamental principles of conducting researchwhen it is necessary to obtain personal data in the course of research. The article discusses legal regulations and good practicesthat may constitute a specific compendium of knowledge for everyone who participates in research projects
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One of the characteristics of the current war in Ukraine is the intensity of talks and practices regarding war crimes and accountability. Since Russia’s invasion in February 2022, both Ukraine and Russia have consistently claimed that the other side has been conducting inhumane war crimes while seeking accountability, domestically and internationally. Meanwhile, the International Criminal Court (ICC) has opened investigations into the situation in Ukraine. Various international and civil society actors have been actively investigating alleged war crimes, pursuing accountability mechanisms. At the same time, concerns that war crimes prosecution during conflicts may hinder the peace are persistent. And the prospect of prosecution and actual trial of Russia’s ‘big fish’ is full of uncertainty.
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The topic of refugee minors in Romania involves a nuanced analysis from both a legal and social perspective. Legally, these minors' rights are protected in accordance with national legislation and international standards. However, challenges exist in the effective implementation of these rights, and the social integration process can be difficult due to linguistic, cultural barriers, and stigmatization. A scientific approach entails a detailed examination of legislation, jurisprudence, and institutional practices to identify solutions and improvements in protecting and facilitating the integration of these young individuals into Romanian society.
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The article discusses the praecepta iuris, which are identified often as a principles of Roman law, and the concept of justice. They are presented in the most general theoretical plan, interpreted to the main institutes of Roman tort and criminal law.
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The migrant crisis is a reality that inevitably permeates the society of Bosnia and Herzegovina, and which requires an adequate systemic response. A large number of financial resources that are globally allocated for the protection of migrants provide the possibility to alleviate the consequences that the movement of the population is caused by the fear of one’s own life. Migration can have different implications- social, psychological, economic and cultural, as well as two-fold impact: the impact on migrants and the impact of migrants on the society they come in. As a social process, migrations change not only the geographical image of a particular community, but also significantly affect the personality of migrants who, due to the crisis, can be further desecrated and deprived. The migrant crisis that has escalated in the region in2015, in Bosnia and Herzegovina is currently a status quo. Numerous experts warn that the sluggishness and the resolution of the current problems that the migrant crisis brings with them can have far-reaching consequences. The issue of security is one of the key issues and challenges in accordance with which the strategic direction of each country’s development is directed, as well as the issue of its internal and external policies. Bearing in mind the fact that the society of Bosnia and Herzegovina faces a full-scale migration crisis, it is necessary to define the approach, mechanisms and directions of action that unify the needs of migrants, but also the needs and interests of the country. The subject of this Paper covers a migrant crisis that is taking place in region and Bosnia and Herzegovina, and the aim is to point out the psychological aspects that it has or can have on migrants, but also on the domicile population. Although migration policy is a broad concept, this Paper will point to the essential implication, that is, the personality of migrants -children, youth and elderly people who, in addition to stress, marginalization, home distance and the variety of cultures - face daily with the uncertainty of their own existence.
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Review of: Витомир Поповић, Арбитража за област Брчко - Спор или фарса стољећа, Aкадемија наука и умјетности Републике Српске, Бања Лука, 2018, стр. 1008
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Between the late Sixteenth century and the first half of the Seventeenth century, an epic production dedicated to the narrative of the discovery and conquest of America became widespread. The customs and traditions of the native peoples and the fascinating nature of those places, untouched by civilization, are made known to European readers through a series of oceanic poems, which correspond to the desire for knowledge and exoticism typical of the 17th century. For these reasons, the American epic, while collaborating in consolidating stereotypes related to ethnicity, well represents the seventeenth-century spirit, animated by a broad and bold project of revolution in every field of knowledge.
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Current revisitations of identities and achievements in US civil rights discourse have inspired pedagogically-oriented digital media projects. More importantly, they have also highlighted the need to rethink the role of Critical Multimodal Discourse Analysis (CMDA) and its pedagogic applications in order to stimulate greater awareness of the effects of repurposing historical discourses. The case-studies investigated are the 2020 Pulitzer Prize winning 1619 Project – a podcast series whose account of Black America’s history conflicts with mainstream views – and the history section of BrainPOP, an animated educational site for primary school children, which monumentalizes relatively less well-known civil rights heroines.
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"The only way to predict the future is to build it" (Peter Druker, 2009). The human right to a healthy environment, given its importance, has proven to be the fastest evolving of its generation, in terms of its guarantee and effectiveness on the path of justice. The emergence of global ecological problems (greenhouse effect, climate change, depletion of the ozone layer, etc.) contributed to the consolidation of its status as a fundamental right and the right to survival of mankind (Duţu, 2008, p. 338). The recognition and guarantee by law of the right to a healthy environment amplifies the obligations of public authorities to protect the environment, offers the courts new means for repairing ecological damage and sanctioning the damage caused to the environment and allows a better harmonization between different levels of recognition and guarantee of the fundamental right to a healthy environment.
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The author claims in the article, together with the creation of social programs, it is worth applying other measures to encourage the population, such as, for example, holding forums for parents-educators, information cover-age of their activities, public appeals to place children in their families. It is necessary to include in the provisions of the Family Code of Ukraine the definition of the concept of “temporary placement of children”, which means the transfer of children without parental care, orphans, children deprived of parental care to persons who have confirmed the possibility of caring for such children for a period of time until the children can to be handed over to their parents or relatives or until the difficult life circumstances that became the basis for such an arrangement are resolved. In the difficult conditions of countries where war continues, it is important to observe the norms of international humanitarian law. Violation of the rights of every child cannot be left unpunished. Together with the identification of the guilty, the mechanism of implementation of prosecution must be effective and efficient. In order to protect the rights of children temporarily placed abroad and evacuated to foreign countries, it is necessary to ensure constant interaction with public organizations and volunteers, who usually provide reliable support to the civilian population. On the part of the state, a number of important measures aimed at providing children with financial resources should be taken. UN peacekeeping missions should engage in constant interaction with the aim of ensuring humanitarian access to the population and avoiding catastrophe.
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The aim of this analysis is exploring the relationship of the Soviet Union first and of the Russian Federation then with European and international human rights norms. It aims to explain the reasons for the delay in the reception and application of this jurisprudence in the Russian system of laws, the reasons why analyzing Russia’s relationship with them means considering the concept of sovereignty and the role of the state and the church in promoting and defending it. The analysis is conducted from a political and historical perspective and traces Russia’s relation with major international human rights conventions from the Soviet Union to the beginning of Vladimir Putin’s third term (2012). Central turns out to be the concepts of multiple modernities and of multiple moralities according to which the values system of a country develops in close relation to its history and culture. Talking about the recognition of human rights in Russia indeed means also considering the significance of the defense of so-called traditional values, their connection with the real heritage of the Soviet past, and that with tradition understood as predanje as well as it interests the heritage of the Christian tradition. In fact it is in this defense of the country’s history that the state and the church built their new relationship after the end of the Soviet Union. Proceeding from the idea of parallel trajectories in the process of modernization, which implies that not to all modernities can be applied the same model, it seems important to wonder what is the result of the encounter between the normative principles of these other cultural programs and the potentially universal normative principles of the Western model.
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Good governance, as a path of qualitative development of contemporary democracy, proposes certain natural priorities as protecting and guaranteeing human rights, ensuring an adequate level of professionalism of the subjects involved in the process, ensuring transparency, including in the process of the administration of the society, supporting social inclusion. In order not to be in a situation of pseudogovernance, limited to abstract statements, this path must be conceptualised and the concept must be applied consistently, within the limits of legality and with priority respect for human rights, which are considered to be a value constant for conceptual contextual delimitations. The article is developed within the Project “Modernization of governing mechanisms focused on the protection of human rights”, cipher 20.80009.1606.15 in the Scientific Research Laboratory “Compared Public Law and e-Government”, Law Faculty, Moldova State University
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It is well-known that the People’s Republic of China’s attitude towards the military interventions by other states and organization on the territory of third states has been traditionally guided by the rules of the UN Charter and that it only accepted military interventions with self-defensive purposes, collective security actions with a clear mandate given by the UNSC, while rejecting ab initio unilateral armed interventions without a proper UNSC mandate. PRC is strongly opposed especially to military actions that results into interference in the domestic affairs of other sovereign states. Also, Beijing has made a tradition of not recognizing territorial annexations resulting from the use of military force, nor the emergence of new states as a result of illegal military interventions by other states or organizations. Thus, it did not recognize the temporary annexation of Kuwait to Iraq (1990), later it did not recognize Kosovo, nor Abkhazia and South Ossetia as independent states. But in the recent years, as Sino-American rivalry become stronger and the western states (the NATO and EU members) began to gradually limit China’s trading and technological freedom on their territories, Beijing turned to Russian Federation and they created a strategic partnership against Western values and strategic aims. Therefore, PRC became much more tolerant with Moscow’s aggressive behavior and refrained from condemning Russian attack on Ukraine. The Chinese propaganda but also the scientific experts prefer to blame USA (and NATO as such) for having isolated and frustrated Russia, while avoiding to name Russia as a genuine aggressor in international law. Thus, China seems to gradually moving away from its strict adherence to the UN Charter’s norm restricting the use of force in international relations.
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Citizens' trust in the online environment is essential for economic and social growth. Lack of trust, caused in particular by the public perception that the legal security of electronic documents is not ensured online, can make consumers, businesses and public authorities reluctant to transact electronically and to adopt new electronic services. To this end, has been adopted the Regulation (EU) No 910/2014 of the European Parliament and of the Council, also known as the eIDAS Regulation, h, which deals on the one hand with the electronic identification of natural and legal persons and on the other hand with the provision and use of trust services for electronic transactions in the internal market, namely electronic signature, electronic seal, electronic timestamp, registered electronic delivery service and website authentication. Electronic identification and trust services have countless uses for citizens (student mobility, opening a bank account, filing a tax return, etc.), businesses (financial services, online sales, professional services, transport, etc.) and public authorities. The European Commission has proposed that by 2030 at least 80% of European citizens should be able to use an electronic identification solution to access essential public services, for example through a European digital identity wallet, and that the list of trusted services should also include other categories of services such as electronic registers and electronic archiving.Thus, a proposal has been drafted to amend the eIDAS Regulation, which establishes a uniform framework for European digital identity, with EU Member States obliged to notify at least one electronic identification scheme to the European Commission within 12 months of the entry into force of the proposed amendments.
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