Suchergebnisse

PRAKTICKÉ PROBLÉMY TÝKAJÚCEHO SA UVEDENIA NOVÉHO PRÁVNEHO INŠTITÚTU – DELICT V MAĎARSKOM SÚKROMNOM PRÁVE The new Hungarian Civil Code which came into effect on March 15, 2014, introduced – in-stead of the earlier non-material compensation – a new legal institution, namely the tort. The tort is the general subjective sanction of personality right offences. However, it is not clear whether this new legal institution shall function as a modern remedy in personality rights protection; or simply the former judicial practice of non-pecuniary damages will continue. After all, the near future will answer the question whether tort meets the expectations prono-unced by the legislator. URL: http://sic.pravo.upjs.sk/ Nový maďarský civilný zákonník, ktorý nadobudol účinnosť dňa 15. marca 2014, zaviedol – namiesto doterajšej nemateriálnej náhrady – nový právny inštitút, a to súkromný delikt. Súkromný delikt je všeobecná subjektívna sankcia porušenia osobných práv. Avšak, nie je jednoznačné, či tento nový právny inštitút bude fungovať ako moderný prostriedok v ochrane osobných práv; alebo jednoducho predchádzajúca súdna prax nepeňažnej náhrady škody bude pokračovať. Nasledujúce obdobie však dá odpoveď na otázku, či súkromný delict spĺňa očakávania, ktoré sú predstávané zákonodárcom.

Hace décadas que la literatura económica sobre sistemas legales asume que los ordenamientos jurídicos del Common law promueven resultados más eficientes que los que son propios de las jurisdicciones pertenecientes a la tradición jurídica del Civil law. El fundamento de tal afirmación estaría en una predisposición estructural del Common law para hallar la solución legal que mejor se aviene a las necesidades del mercado. El presente trabajo discute el acierto de esa afirmación. Lo hace desde una perspectiva metodológica.

Terrorism is not a new concept, but it gained prominence when many extreme occurrences occurred, prompting a more in-depth investigation of the subject. Following the Pan Am flight bombing, for example, terrorism horrified the United States government and the entire world's population. This research aims to investigate, using secondary data, how social media was used in Kosovo to spread propaganda for radical terrorism and to analyse the provisions of the Kosovo Criminal Code that were broken by this propaganda. The current study relies on desk research with secondary data analysis, namely the content analysis of reports, articles, and news, and interpretive analysis of the Criminal Code of Kosovo. According to the study, propaganda for the spread of extremism and radicalism was used in Kosovo by showing videos on Facebook and YouTube channels, typically with religious messages about the duty to God for helping brothers and sisters in Syria and, to a lesser extent, by showing videos of Kosovo terrorists directly committing terrorist acts in Syria. In addition, the analysis discovers that propaganda led to violations of paragraphs a, b, and c of Article 139 of the Kosovo Criminal Code.

AbstractThis article deals with the sea level rise phenomenon caused by the climate change process and its impact on the statehood of so-called disappearing island states as well as on the consequent factual and legal status of their populations. In classical international law doctrine, the loss of a state's territory will lead to the extinction of statehood and, consequently, the loss of that state's international legal personality, and possibly also to the statelessness of its nationals. This article proposes an alternative solution based on the transformation of disappearing island states into new non-territorial subjects of international law — "climate deterritorialized nations" — as successors to disappeared inundated states.

Abstract
Studies on the Refugee Convention have paid very limited attention to the notion of family and family rights of asylum claimants in connection with asylum claims based on sexual orientation and gender identity (SOGI). Drawing on the notion of 'legal violence', this article demonstrates the injurious cumulative effect that a heteronormative, homonormative and Western-centered formulation and implementation of asylum and refugee law has on SOGI claimants when it comes to intimate and family relationships. By relying on a solid body of primary and secondary data, it explores the invisibility of SOGI claimants and refugees' families and how that invisibility is normalized by European legal frameworks, such as the Dublin (III) Regulation and Family Reunification Directive. To end this 'legal violence' and reconnect asylum systems with the lived experiences of SOGI claimants, a principled approach based on human rights and specifically the right to respect for family life is suggested.

The widespread revival of natural law theories among jurists of the Continent & of the US should be a matter of interest to pol sci'ts & sociol'ts. A distinction is drawn between the 'ideal' natural law of the 18th cent, which purported by the use of reason to lay down a detailed universal code of laws for all time, & the revived classical natural law which sought for broad principles derived from experience of reality. The argument that broad principles of natural law are futile, because they provide no guide for the solution of particular problems, is met by showing that positive law, which operates effectively, has also to apply broad principles to concrete situations, an application which calls for discretion & not mere logical subsumption. Jurists, recognizing that natural law should be based on experience, also seek for a sociol of law. The empirical study of 'legal behavior has already made progress: its ultimate task is the description of the operation both of 'power' & of the 'sentiment of justice'.' (AA-IPSA).

In 2009, the Economic Community of West African States (ECOWAS) challenged the European Union (EU)'s interpretation of Article XXIV GATT in bilateral trade talks. Based on a legal analysis that West African activists initially provided, ECOWAS established that the clause allowed for more flexibility on market opening than the EU expected. Since then, market access constitutes one unresolved issue slowing down negotiations between the trade power Europe and trade- and aid-dependent ECOWAS. The example challenges the political economy literature dealing with trade policy-making on at least two accounts, namely the role of typically sidelines actors such as poor countries and transnational activists; and the role of the law in mediating strategic and discursive aspects of trade political processes. To assess the evidence and its theoretical implications, I combine the analytical concept of political opportunity structure developed in the transnational studies literature with pluralist approaches to law. I argue that trade political actors can become aware of the pathways to influence that legal uncertainty opens, in particular under conditions of multi-level governance where national, regional and international legal orders are intertwined. Overall, the way in which the law mediates ideas and interests thus deserves scrutiny in political economy approaches to trade. Adapted from the source document.

Defence date: 8 June 1982 ; Supervisor: Mauro Cappelletti ; First made available online on 2 September 2013.

Examines the complexities & pitfalls inherent in any effort to administer international justice, focusing on the International Criminal Court (ICC). The issue of ICC jurisdiction is addressed in terms of two officially voiced objections voiced by the US with respect to the authority of the ICC prosecutor to bring cases on his own initiative & the ICC's authority to assert jurisdiction over nationals of a state not party to the Rome Statute. A detailed look at US criticisms & concerns of the ICC is then provided, highlighting the ideological debate on sovereignty vs global governance. In this light, considered is the referral of the Darfur crisis to the ICC & the US decision not to veto the resolution, which, it is argued, opened the door for a new US relationship with the ICC, wherein ideological objections might be put to rest. Attention is given to the ICC's actions & four policy options for the US: opposition, indifference, cooperation, & ratification. Why cooperation is more viable than ratification is addressed, identifying two reasons why the US is not ready for the latter. D. Edelman

Although still in the early stages of their institutional life, die International Criminal Tribunals for the former Yugoslavia (ICTY) and for Rwanda (ICTR) provide a unique empirical basis for evaluating the impact of international criminaljustice on postconflict peace building. The pursuit of justice may be dismissed as a well-intentioned, but futile, ritualistic attempt to restore equilibrium to a moral universe overwhelmed by evil. Moreover, measuring the capacity of punishment to prevent criminal conduct is an elusive undertaking, especially when a society is gripped by widespread habitual violence and an inverted morality has elevated otherwise "deviant" crimes to the highest expression of group loyalty. Yet an appreciation of die determinate causes of such large-scale violence demonstrates that stigmatization of criminal conduct may have far-reaching consequences, promoting postconflict reconciliation and changing die broader rules of international relations and legitimacy.