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GULF CRISIS AND WAR REPARATIONS PROCESS

Author(s): Ecaterina Mațoi / Language(s): English Issue: 54/2014

The current paper is a research on the very special case of 1991 Gulf crisis and the following process through which UN imposed a structured and institutionalised compensation payment mechanism, on a war reparation logical basis. What makes the Iraqi case so special is an unprecedented UN involvement and surveillance regarding transitional justice, as well as political motivation of international actors, that use this system to control the Iraqi economy and influence its military, political and economical potential.

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Crime, Confidence & Rule of Law in Kosovo

Author(s): Oscar Alendal / Language(s): English Issue: 10/2019

The 21st century has seen a shift away from intra-state conflicts to inter-state conflicts with threats coming from non state armed groups within. This article focuses on the the nexus between conflict politics and organized crime in Kosovo and its effects on ethnic tension. Especially on how an organized crime perpetuated conflict lead to a cycle of violence obstructing transition and the building of Rule of Law. The study is looking on how civic trust and structures affect conflict, politics and in turn, how these reciprocate back on civic trust and structures. Firstly the article outlines the shift in modern warfare from state to non state actors and then continues on to a study of organized crime and parallel structures in Kosovo and what are the root causes of these structures. Lastly recommendations are offered how to deal with the weaknesses found in the previous chapter based on a study on what has been done in the area of Rule of Law.

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Displacement from Personhood: The Psycho-Social Impacts of Sexual Based Violence Towards Men in the Democratic Republic of the Congo

Author(s): Sophie Gagnaire / Language(s): English Issue: 10/2019

Transitional justice is the accumulation of the measures implemented in order to address atrocities and return dignity to victims in post-conflict situations. The core objective of this research is to analyze transitional justice, or lack thereof, that is taking place in the Democratic Republic of the Congo (DRC) in regards to psycho-social support for male survivors of sexual based violence during armed conflict. This article will also briefly examine programs that the neighboring country of Uganda is implementing to tackle this issue.

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Regional Organizations Approaches Towards Transitional Justice: The European Union and The Economic Community of Western African States

Author(s): Zachary Pereira / Language(s): English Issue: 10/2019

This article examines the policies of both the European Union (EU) towards the Balkans and the Economic Community of Western African States (ECOWAS) towards Liberia with regards to transitional justice. This issue is important as, as regional organizations become more prominent in international relations and post conflict regions it is important to examine their policies as different regional organizations’ policies have had different results, some more desirable then others. This article argues that while both the EU and ECOWAS have policies towards transitional justice, the EU’s policies are more effective as the EU conditions its relations to the pursuit of EU interests which often aligns with policies related to transitional justice, especially with regards to political reform and the rule of law. While the EU can claim success with regards to political reform and rule of law, with regards to reparations the EU has a mixed record and finally when it come to truthseeking initiatives the EU falls short. While the EU can claim success with regards to political reform and mixed successes with regards to the other three components, ECOWAS can only claim one success and that is truth-seeking initiatives. When it comes to rule of law, reparations and political reform, ECOWAS has significant room for improvement.

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Impactul pandemiei COVID 19 asupra predării persoanelor solicitate în baza Deciziei-cadru a Consiliului 2002/584/JAI

Author(s): Alina Petronela Moşneagu / Language(s): Romanian Issue: 1/2020

In Romania, as wel as in all Member States, the judicial cooperation in criminal matters regarding the execution of the european arrest warrant and the surrender of the sought persons in the context of the COVID -19 pandemic was affected and was assesed on a case-by-case basis. Generally, the non compliance with the surrender deadlines or the postponing of the surrender based on serious humanitarian reasons lead to the release of the sought persons without taking alternative measures in order to prevent absconding, giving the fact that there are no national legal basis to take such measures in this type of situations.

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Transitional Justice and the Constitutional Crisis: The Case of Poland (2015–2019)

Author(s): Michał Krotoszyński / Language(s): English Issue: 3/2019

During the last four years the situation in Poland has been a matter of interest to the worldwide legal community mostly due to the constitutional crisis. Yet, the years 2015–2019 were also a time of a revival of transitional justice measures, such as cleansing the public sphere of communist symbols, remodelling of lustration law, and further reduction of pensions of communist secret service employees and officers. In this paper I argue that these spheres are interconnected and that Poland’s constitutional crisis has a transitional justice dimension. I start with an overview of retrospective instruments dealing with the communist past introduced in the last four years. Next, I turn to the constitutional crisis itself, discussing its possible explanations and transitional justice aspects. In the end I claim that the dramatic constitutional backsliding that Poland has recently experienced can be explained not only as a power grab, but also as a result of the tension between the rule of law and the principle of individual responsibility on one hand – and the resort to collective accountability in an attempt to get what the government sees as justice on the other.

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Uniformed Services Pension Amendment Acts in Poland as Part of State Politics of Memory

Author(s): Mateusz Grabarczyk / Language(s): English Issue: 3/2019

The article is an analysis of the regulations regarding the reduction of pensions of former officers of the People’s Republic of Poland’s security services as an element of state politics of memory, presenting the Uniformed Services Pension Amendment Acts of 2009 and 2016 from the perspective of transitional justice.Whilst investigating the admissibility of using such a retribution mechanism, the author draws attention to the purpose of this type of regulation. Reducing pensions has, in fact, two goals – a retrospective one and a prospective one. The retrospective goal is about administering historical justice by penalizing a specific group of people using various mechanisms (in this case administrative sanctions). In the prospective aspect, it is an element of institutionalizing memory and building a specific political narrative. As a consequence, apart from commemorative practices, it aims to produce and disseminate knowledge in public space, while clearly rejecting the past regime.In relation to the Uniformed Services Pension Amendment Acts, while the Act of 2009 was to some extent aimed at the retrospective goal, the 2016 Act is primarily an element of politics of memory used by authorities to control the recollection of past events by explicitly condemning the previous system and all persons in any way related to it. For this reason, the author focuses on the mechanism of reducing pensions as one of the elements of politics of memory in Poland.

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Seeking Justice for Wartime Sexual Violence in Kosovo: Voices and Silence of Women

Author(s): Anna Di Lellio / Language(s): English Issue: 03/2016

At different times, and for different reasons, Kosovo informal and organized women’s networks have dealt with wartime sexual violence in different ways: they have followed either a strategy of silence or one of speech. Throughout, they have struggled to disentangle gender from ethnicity, straddling the line between a deep connection with local culture and domestic and international norms and agendas. This article tells their story, which in broader terms is the story of the subjectivity of women’s rights activists—domestic and international—as it connects with the normative framework of transitional justice. The case of Kosovo shows that transitional justice meaningfully engages local actors as a human rights project sensitive to political change, more than as a “toolkit” which packages truth, reconciliation and justice with recipes for implementation. The case of Kosovo also confirms that lobbying by women’s networks is crucial to the inclusion of women’s perspectives in transitional justice, and that the exclusion of women from decision making results in a net loss for women’s concerns. I would take the argument even further, and suggest that the inclusion of women and their agendas, as well as the struggle by women’s networks for inclusion, is necessary for human rights transformation.

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Memory at the International Criminal Tribunal for the former Yugoslavia (ICTY): Discussions on Remembering and Forgetting within Victim Testimonies

Author(s): Kristen Perrin / Language(s): English Issue: 02/2016

Scrutiny of the legal elements of international criminal tribunals such as the ICTY are frequent and important, but this article suggests that new avenues need to be taken in order to truly understand what is taking place within the courtroom sociologically. Embedded within courtroom interactions are symbolic exchanges that can stand as both reflections of and implications for the success or failure of transitional justice as a tool to promote community understanding post-conflict. Using a mixture of social psychology and cognitive linguistics, this article examines the significance of in-court references to memory, theorising that the concepts of remembering and forgetting as discussed in transcripts reveal greater struggles between the witnesses and the court over narrative control. This ultimately raises questions about the nature of the relationship between international legal bodies and the individual victim-witness, and demonstrates that there are failings occurring here that could make processes of reconciliation and community healing more difficult.

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Engineering Grassroots Transitional Justice in the Balkans: The Case of Kosovo

Author(s): Caitlin McCurn,Anna Di Lellio / Language(s): English Issue: 01/2013

The initiative to establish a truth commission in the successor states of the former Yugoslavia (RECOM) presents a rich case study of the performance of the “toolkit” that transitional justice professionals propose on a global scale: an inclusive package that offers truth, justice, reconciliation and stability. Whether these goals could be achieved is the subject of a critical debate that questions overly ambitious projects of truth commissions, especially their sensitivity to local understandings and practices of transitional justice. We aim to contribute to this debate by examining the reception of RECOM in Kosovo, where most local actors remain either noncommittal or outright opposed to RECOM. What these actors share is the conviction that their own narratives be taken seriously, even when this means refusing the suppression of “truths” that can be divisive. We found that giving priority to “the local” implies more than adapting the received professional “toolkit”: it might require abandoning it.

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Witch-hunt or Moral Rebirth? Romanian Parliamentary Debates on Lustration

Author(s): Lavinia Stan / Language(s): English Issue: 02/2012

Lustration was not legislated in Romania to date, but it was discussed by deputies and senators of all ideological persuasions, especially from 2005 to 2007. Declarations delivered in front of the house, interventions during debates of lustration-related draft bills and contributions to a parliament-sponsored public discussion reveal that for Romanian legislators lustration can bring about moral cleansing and a break with the past, provide retributive justice for victims of communism, facilitate elite replacement, prevent future violence, and help countries enjoy the benefits of European Union accession, although it punishes valuable individuals, runs against European values, is impractical and unconstitutional.

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SUBSTANTIAL DIFERENCES BETWEEN DE PENU LEGATA AND DE ALIMENTIS VEL CIBARIIS LEGATIS

Author(s): Juan M. Alburquerque / Language(s): English Issue: 1/2020

This research is dedicated in general to the content of the legacy of provisions (“de penu legata” D. 33.9), and the legacy of food (“de alimentis vel cibariis legatis” D. 34.1). The article represents a brief comment of possible convergences between both legacies and the well known practice of provision of food between persons who are in relation of kinship (“de agnocendis et alendis liberis, vel parentibus, vel patronis, vel libertis” D. 25.3). In this material is also reviewed the evolution of the different institutions both in the republican and in the classical period. In the article are outlined the jurisprudential oscillations regarding their content, highlighting reasonable minimum parameters and maximum parameters in which a greater number of probable components are welcomed in each of the assumptions.

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Post-Communist Transitional Justice in Albania

Author(s): Robert C. Austin,Jonathan Ellison / Language(s): English Issue: 02/2008

The article provides a detailed and informative account of the transitional justice process in Albania and examines the logic behind the initiation of lustration process. Describing the accurate historical context of the country’s communist past, the authors explain the factors that prevented the successful implementation of the post-communist transitional justice in Albania, such as its political culture, the impact of the communist regime, and most importantly, the lack of political will from Albanian political leadership to break away from its communist past. A pioneer in initiating transitional justice laws in the Balkans in the early nineties, Albania failed to successfully implement them, as the leadership saw the lustration process as a political means to crush the opposition and consolidate its power. The article explains that transitional justice process in Albania became highly politicized and was used by politicians for political gains, which ultimately led to loss of trust from general public failing to detach the Albanian political scene from its communist past.

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UNIVERSITATEA INTERNAȚIONALĂ A DREPTURILOR OMULUI LA A X-A EDIȚIE

Author(s): Author Not Specified / Language(s): English,Romanian,French Issue: 3/2004

The 10th edition of the International University of Human Rights, organized by the Romanian Institute for Human Rights in collaboration with the Romanian Association for the United Nations and the Club of Cheia “Victor Dan Zlătescu” took place at the resort of Cheia in the period 5-11 September. This jubilee edition was devoted to specific issues related to the end of the transition period concerning the harmonization of the Romanian legislation and institutions with the international standards for the protection and promotion of human rights, as well as the end of the UN Decade on Human Rights Education. The participants included representatives of Parliament, governmental bodies with specific powers in the field of human rights, the civil society, magistrates, notaries, lawyers, university professors, researchers.

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DIGITAL CONTENT LEFT ON-LINE AFTER DEATH OF A USER. ON THE RESEARCH THAT NEEDS TO BE CONDUCTED

Author(s): Mariusz Załucki / Language(s): English Issue: 1/2020

The problems of content left on the Internet after a user's death are very important. The traditional civil law contructions to date are not prepared to face their challenges. Social needs, modern reality, advanced technology - all this affects inheritance law. These issues need to be looked at more closely, and this text is intended to signal the issues of the so-called "first need" for analysis. One of its tasks is to undertake further discussion on possible needs for change. The succession law of the 21st century requires such changes.

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CONSULTANȚĂ FISCALĂ: INDEMNIZAŢIA DE DETAŞARE ÎN CAZUL SERVICIILOR TRANSNAŢIONALE

Author(s): Sorin Roman / Language(s): Romanian Issue: 4/2020

Legea definește detașarea transnațională ca fiind situaţia în care o întreprindere stabilită într-un stat membru sau pe teritoriul Confederaţiei Elveţiene, în cadrul prestării de servicii transnaţionale, detașează pe teritoriul altui stat membru salariaţi cu care are stabilite raporturi de muncă.

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Convicted Nazi lawyer. The case of Gerhard Pchalek in the Gera District Court in 1960

Author(s): Konrad Graczyk / Language(s): English Issue: 29 (1)/2020

This study is devoted to a criminal case brought before a court in the German Democratic Republic against Gerhard Pchalek in connection with his service as a prosecutor in the Third Reich. Pchalek served in the Polish territories incorporated into the Reich, in Bielsko and Katowice. He was a prosecutor in proceedings before special courts in Bielsko and Katowice, as well as before the Higher National Court in Katowice, in which he filed motions to sentence defendants to the death penalty. In 20 cases – as was determined by the District Court in Gera – Pchalek demanded the death penalty, which was then imposed and enforced. His act was classified as aiding in murder under the provisions of the German Criminal Code, and Pchalek was sentenced to 4 years in strict regime prison. The paper discusses the biography of Pchalek, the issue of post-war criminal liability of Nazi lawyers and the criminal trial before the District Court in Gera. The study uses a historical, formal and dogmatic method. The criminal trial in question is one of the few cases in which a Nazi lawyer was convicted.

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MEĐUNARODNI SUD, APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (THE GAMBIA V. MYANMAR), ZAHTJEV ZA ODREĐIVANJE PRIVREMENIH MJERA, NALOG, 23. JANUAR 2020.

Author(s): Enis Omerović / Language(s): Bosnian Issue: 25/2020

Međunarodni sud u Den Haagu (ICJ; Sud), glavni sudski organ Organizacije ujedinjenih nacija (OUN; UN), u Vijeću sastavljenome od 15 redovnih sudaca i dva ad hoc suca, koje su predložile države u međunarodnome sporu, Gambija i Mijanmar, dana 23. januara 2020. donosi Nalog kojim se državi Mijanmar određuju privremene mjere u parnici pred Sudom između navedene dvije države, članice UN (Gambija od 1965., Mijanmar od 1948.), pa time i stranke Povelje UN i Statuta ovoga Suda, u sporu koji se tiče Primjene Konvencije o sprječavanju i kažnjavanju zločina genocida (Konvencija o genocidu; Konvencija (objavljena u: United Nations, Treaty Series, vol. 78, p. 277)), koja je usvojena u Parizu, u Općoj skupštini UN, 9. decembra 1948. (stupila na snagu 12. januara 1951).

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Legal problems of the use of orphan works in digital age

Author(s): Vira Tokareva,Iryna Davydova,Elena Adamova / Language(s): English Issue: 3/2021

The aim of this paper is to consider the mechanisms of legalization of use orphan works, based on a comparative analysis of the legal regulation in the United States, the EU and European countries; identify priority ways to reform and to develop proposals for improving copyright law in Ukraine. In the first section the concept of the orphan works and the circumstances which caused emergence of the orphan works are revealed. It has been established that the problem of orphan works mostly concerns works whose authors died and heirs cannot be found. In the second section the models of legalization of orphan works in the United States, Canada, the EU and European countries are analyzed and these interferences formed a proposal for Ukrainian legislation. In the third section the background of development of legislation of orphan works in Ukraine are studied. The neсessity to study the legal regulation of the United States, the EU and European countries in light of the recodification of the Civil law of Ukraine and seeking way of its renovation is substantiated. Developing effective mechanisms of using orphan works are stated to become relevant in the process of digitization of libraries’ collections and to have gained a new momentum in recent years. Its result has been provided open access to the works on the Internet.

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I PRIVILEGI IN SEDE FALLIMENTARI. RIFERIMENTO SPECIFICO QUIS NAVIS FABRICANDAE VEL EMENDAE VEL ARMANDAE VEL INSTRUENDAE CAUSA

Author(s): Maria del Pilar Perez Alvarez / Language(s): Italian Issue: 2/2021

Preferential credits are those credits that guarantee a preferential satisfaction of the creditor with respect to unsecured and ordinary creditors. This preference is established in relation to the competition of creditors and is per se a benefit granted by the legal system to certain credits, which substantially coincide with those present in most European legal systems. In the Digest, for example, reference is made to the privillegium in favor of creditors who have administered their money to build, equip or purchase a ship. The present study aims to analyze its origins, regulation and graduation with respect to other preferential credits.

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