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The paper discusses the phenomenon of identity in the age of technology, especially the one in the so-called virtual space, which is characheristic for a progress of digital technology. In this regard, the notion of identity is brought into direct connection with the „post human“ society and its implications on the problem of freedom. On the other hand, freedom is considered at the new context of sociality and more intensive dialogue on European identity.
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Die eventuelle Streitgenossenschaft ist ein prozessrechtliches Institut, das allein im Interesse des Klägers geschaffen wurde, welches ihm die Möglichkeit gibt, mit einer Klage gegen zwei oder mehrere Begeklagte zu klagen, indem er an das Gericht den Antrag stellt a priori über die Begründetheit des Antrags gegen den Erstbeklagten zu entscheiden, mit einem gesonderten Urteil über die Begründetheit der Klage gegen den Zweitbeglagten zu entscheiden, und so weiter bis zum letztgenannten Beklagten in der Klage. Der Kläger wird in dieser Weise vorgehen, wenn er sich nicht sicher ist welche von mehreren Personen in einem Sachverhalt passiv legitimiert ist in Bezug auf den gestellten Antrag, den das Gericht erst dann ablehnen kann, wenn er auch gegenüber dem letztgenannten Kläger nicht begründet ist. Der Kläger muss die Reihenfolge der Beklagten in der Klage bestimmen, so dass das Gericht nach einer ordnungsgemäßen Klage vorgehen kann und der Kläger kann diese ändern, ohne die Änderung gegenüber dem Gericht oder den Beklagten begründen zu müssen. Das Gericht ist durch die Reihenfolge der Beklagten in der Klage gebunden und darf nicht darüber urteilen, ob die Reihenfolge im Einklang mit dem genannten Fakten steht, auf dem der Kläger seinen Antrag gründet sowie den vorgeschlagenen Beweisen, die diese Fakten belegen sollen. Wenn das Gericht zum Schluss kommt, dass die Reihenfolge vom Kläger falsch bestimmt wurde, hat dies keinen Einfluss auf die Ordnungsmäßigkeit der Klage, die es dem Erstbeklagten oder allen Beklagten zur Beantwortung zustellen wird, abhängig davon, ob es sich für eine getrennte oder gemeinsame Verhandlung über die Begründetheit des Antrags entschieden hat.
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This article deals with methods and means of peaceful settlement of international disputes. First, defined were international legal disputes, followed by outlined methods and means of peaceful resolution of disputes. For better understanding these are grouped in a few wider groups. Amongst diplomatic means outlined are: negotiations, mediations, investigations and conciliation. Amongst legal means outlined is arbitration. Afterwards, outlined was peaceful resolution of disputes within the framework of the UN Charter and finally outlined are self-help respectively counter-measures and their forms: retorsion and reprisals. The objective of these means is preservation of international peace and security. Use of one of these means does not prevent parties in dispute to use other means. Presented is a wide range of means that are at disposal to parties: beginning with negotiations to contra-measures that could lead to peaceful resolution of disputes. The author carried out a research of the authentic documents regulating this matter, further he analysed and compared them, and further he consulted with the opinions of legal authors and jurisprudence. This enabled updated illustration of the status of legal theory and jurisprudence in this matter. The author did not hesitate to give his own opinion. The states most commonly use peaceful means of resolution of mutual disputes, giving preference to negotiations. They (the states) only resort to other peaceful methods of their own choice only when negotiations fail to bring about dispute resolution, and dispute is of such severity and urgency that its resolution represents a matter of national interest.
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This year marks one hundred years since the adoption of the Constitution of province (Statute) for Bosnia and Herzegovina. This is a imposed act, created after the annexation of Bosnia and Herzegovina, and it is interesting to point out how one European country like Austria-Hungary, tried to arrange the question of organization and jurisdiction of Parliament as a political institution. The autor will try to the analysis of the Constitution of province to answer the following questions: In what way was organized a Parliament? What jobs were in his jurisdiction? No intention of entering the legal nature of the Constitution of province and whether it really is about the constitution or not, the author of the paper adhered to the official name of the act.
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Under existing conditions of business activity, there are certain difficulties in the field of financing and granting funds to business entities, operating on national and international level, and attempt to overcome them is made by introduction of specific methods, techniques and contractual instrument. One of these methods is factoring business and factoring agreement, as the contractual instrument of its realization, which emerged in the mid 1950s, in United States of America. There is no unified opinion in legal theory and legislation in different countries, in terms of terminology, conceptual and legal definition of the factoring contract. This paper analyzes the existing legislation and its shortcomings for the successful realisation of the factoring operations in Bosnia and Herzegovina, which is mostly relying on sphere of autonomy of the contractual parties and combining elements of existing designated contracts, such as contract of assignment, service contract, loan agreement , agreement on bank guarantee and contract of commission. Starting from the specific structure and different types of factoring agreements affecting the rights and obligations of contractual parties, and its demarcation with other similar agreements, this paper seeks to answer questions of improving the factoring business and the existing legal framework in BiH, by introduction of special rules in existing Law on obligations or adopting special regulations that will relate to these topics with particular emphasis on solutions provided by the Convention on International Factoring made under the UNIDROIT.
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In the phrase “European identity” both terms should be understood as the dynamic category. The Europe as a geographical determinant can be viewed through historical context. In cultural terms, it is an environment in which crucial civilization processes took place. In a political sense, the term Europe can be now reduced to the institutional structure of the European Union founded on the common values inherited by its citizens, peoples and states. These common values constitute the identity of the European Union. When other countries of the European continent accept these values as well and contribute to the enrichment of those values, one could then speak of the European identity. The values of the Union are established in two ways. Each member State brings in its own values, while additional elements of joint identity are established through the agreed harmonization of different interests. Democratic deficit of the Union institutions, crisis of multiculturalism, anti-immigration and anti-Islamic concepts and policies largely problematize the existence of the European identity. The Charter of the fundamental rights of the Union identifies human dignity, freedom, equality, solidarity, democracy and rule of law as key elements of the Union identity. In addition to the common values, the Union respects also specificities of national identities while pursuing balanced and lasting development. The real risks that challenge the European identity, among others, are insisting on the Christian roots; Islamophobia, nationalism and other fundamentalisms, neo Nazism and xenophobia. The compatibility of the European and BH values is reflected, in particular in the multiculturalism, tolerance and coexistence. As a member of the anti fascist coalition, a member of the Council of Europe and the OSCE, BiH is already contributing to the constitution of the European identity. BiH must eliminate many constraints that hamper its acceptance of the European values These are, in particular, the imposed Constitution that is inconsistent with democratic standards, discrimination in the exercise and protection of human rights, lack of internal consensus on key issues on the country’s future, imposing the perception of Islamic threat from BH etc.
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Being against globalization is like being against the sea current. He who wants to get back into the world before globalization, must know that he will have to fight forces that cannot be beaten. That doesn`t mean we lost the fight for a better future and consequently fell into a sort of apathy. What we say in this regard is that any serious and useful political analysis has to have globalization as a starting point. Few have attempted to address the specific challenges of globalization, with the idea that the world is a place which should be governed by the political community, as a starting point . This is what cosmopolitism says. Hybrid identities, mix, diversity and variety are key concepts for cosmopolitism. Renewed radical cosmopolitism must consider these questions. Such policy is based on a small universalism, insisting on the fact that certain values are inviolable and common to all of us. But, at the same time, this universality goes further and recognizes the difference. In this regard, this paper provides some suggestions that could mean the solution of many problems which seem unsolvable, at first glance. The balance between difference and similarity must be found and established. These days, cosmopolitism goes exactly where the differences are, because universalism is also there. Where differences are, cosmopolitism is committed to universalism and where there is demand for equality, cosmopolitism is committed to pluralism. This is the basic pattern of thinking that we use in an attempt to provide answers to most questions that are asked and discussed in this paper. The aim of this paper is to divert the political debate in the other direction - according to its ability, not its concerns. This paper provides a global mindset rather than a national concern and preoccupation with itself. The work is intended to force readers to think about these issues. Therefore it gives guidelines for this radical project and presents an optimistic policy for the 21st century. The work provides satisfaction and optimism instead of apathy and nihilism.
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Members of one nation have a certain specificity, recognized features, as well as personal sense of belonging, which constitute their national identity. National identity is the awareness of belonging to a particular national group that includes the existence of shared beliefs, values and goals. The idea of national identity is achieved when the state sovereignty came to a crisis, because of waste king- sovereign as the source of sovereignty. There was need for a new source of sovereignty, and there was a certain number of ideas, including ideas about the nation. Joining the European Union for the national state is a pass for accelerated economic progress and a number of other privileges. Membership in the European Union brings advantages but also disadvantages, one of them is the loss of national identity. European identity strangle national identity and leads to its neglect. States doesnt have their own identity anymore than one common-European. The national state in the context of the European Union was placed in an entirely new and different space. Thereby, the European Union desolate borders between states and tries to establish a European society, European citizens and European identity, and on the other side is trying to reconcile the diversity of national identities under one common name-European identity.
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The consequences of the World War II on the European soil were some of the main causations for institutionalization of the endeavour to firmly establish a set of human rights. The European Convention for Protecting Human Rights and Freedoms, (Rome,1950) had already highlighted its leitmotif “a strong faith in the basic freedoms that are foundations of justice and peace in the world...” , and conceived the development of a collective, European system of guaranties and protection of human rights and freedoms. This system, that was being built by the mechanisms of CESC and later on of OESC and EU, and numerous other, follows one uninterrupted thread: Rule of Law , and not Rule of Men. Indeed enough, Western Europe was bereaved of its last autocrats during 60’s and 70’s of the last century, it got rid of autocrats like Greek colonels and Spanish general Franco. Since these events Europe has been representing an area of an integral market, foreign politics and defence politics, monetary and custom system. What is more important and is less conspicuous, Europe has been becoming , in the greatest extent, an area for rule of law, respect and obedience to democratic principles that are necessary for the development of systems of protection and reverence of human rights. The East of Europe, and especially the countries of former SFRJ find themselves in a particular paradox concerning the reverence of human rights: Since the times of socialism many international-law obligations that are related to human rights issues, were inherited. On the other hand, the violations and the inobservances of basic freedoms on the territory of former SFRJ, have been risen to the extent that may be claimed as anxious and something to be concerned about. To have European identity and to inherit its essential values means to exert an active approach considering the protection of human rights, in contrary to actual and non-feasible formal (declarative) approach that represents a heavy burden and the pattern of behaviour present inside most of the republics of former SFRJ. In this essay the basic assumptions of European system of human rights are portrayed, appreciating the aim of indicating the need for deference of a legal and valuation related order that is mostly responsible for providing the enactment and praxis of human rights and freedoms, consists of an efficient system of the protection, adequate instruments of monitoring and respectable evolution that established certain human rights of the latest generations in such a manner that it is still unfamiliar for the most of the world.
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The Montagnard constitution which was ratified by the French Nacional Convention in 1793 takes very important place within french state and legal history. This constitution wasn’t the first french constitution, but was the first one that made a revolutionary break with the Ancien Règime, abolishing the remnants of the old feudal order remaining in revolutionary France after the adoption of of the Constitution of 1791. Adopted by the will of the people on referendum, The Montagnard constitution was the most democratic act of the french revolutionary period. Its provisions anticipated introduction of the French First Republic based on principle of nacional sovereign, and Convent system that represented the historical example of parliamentary system of government. Based on Montagnard Declaration of the rights of man and citizen of 1793 and inspired by the Rousseau’s ideas of the Republic, unity government and national sovereignty, this constitution, although it remained unapplied, represented the highest level of democratic constitutionalism. According to that fact many countries in the years after French revolution, ideologically and normatively adopted and after that, significantly expanded principles proclaimed by this Constitution which, besides the affirmation of the role of individuals within society and placing the state within legal borders earned to it an enviable legal and historical significance.
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The European Union wants to have countries that have emerged from conflict, with a stable internal constitutional and legal structure, built state mechanism capable of communicating, particularly with regard to implementation of its decisions, ethnic co-existence, repaired war consequences, good relations with its neighbours, active economic foundation. Bosnia and Herzegovina as a country that has emerged from the war conflict and its possibilities for entering the European Union represents the topic of this paper. In this country numerous crimes have been committed, including the worst one that is genocide, civilian population were killed and injured, buildings were destroyed and devastated, concentration camps were formed, the constitutional order was destroyed, the values of this state were destroyed, ethnic homogenization was created, with the dominance of the national criteria. This paper discusses several aspects, whose implementation in Bosnia and Herzegovina produces the conditions for European integrations. It is about confronting the past, the transitional justice, the civil society, the constitutional adjustment of the legal structure to the institutional mechanism of the EU, the prevention of genocide and other crimes.
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Bosnia and Herzegovina has always been in Europe belonging to a community of the European countries and European cultural, historical and legal heritage. Thus, regardless of how much we agree or disagree with the thesis that a certain number of countries, especially those in transition and those which are undergoing a post-conflict period, deviate from the so called contemporary European standards, Bosnia and Herzegovina is indeed a part of Europe. Bosnia and Herzegovina is a part of European identity and conglomerate of that what makes up Europe. Bosnia and Herzegovina has, just as the entire former region of the southwest Balkans, especially overlooking the period of the last twenty years, enriched the European tradition and European identity by its people, languages, cultures, ethnicities etc. However, the „European identity“ today represents a certain paradigm of specific standards that European countries strive towards. These standards are evolutive result of the development of the democracy and legal state, human rights and freedoms protection and other values that the scientific doctrine today accepts as the goal of the contemporary society. If this were to be taken as true, then one can surely say that Bosnia and Herzegovina „strives“ towards Europe and is on the „European path“ but has not arrived in „Europe“ just yet. Only when Bosnia and Herzegovina meets the so called, European standards, regardless of that how unclear they are or how different viewpoints we might have on them, we can speak of Bosnia and Herzegovina and the European identity. The Constitutional Court of BiH is very important constitutional institution. Its role is crucial when it comes to protection of constitutional order including human rights and freedoms. It is understandable that everyone wants the Constitutional Court of BiH to take decision he/she desires. However, the Court should uphold the Constitution of BiH, protect and adjudicate in accordance with it. On the other hand, the Constitutional Court of BiH should be independent and impartial. That is one of its basic characteristics and cornerstone of its successful work. Autonomy, independence and impartiality of the Constitutional Court of BiH are in the interest of all of its citizens.
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