Suchergebnisse

Međunarodni kazneni sud novo je međunarodno tijelo kojem je glavni cilj istraga i suđenje slučajeva genocida, ratnih zločina, te zločina protiv čovječnosti u zemljama članicama. Iako su Sjedinjene Američke Države u 2000. potpisale Rimski statut, međunarodnu povelju iz 1998. koja predstavlja osnovicu Međunarodnog kaznenog suda, Busheva vlada napravila je velik zaokret godinu dana kasnije, potpuno se ograđujući od svake ideje o suđenju Amerikancima izvan zemlje. Tekst analizira glavne argumente američke vanjske politike povezane s Međunarodnim kaznenim sudom, od navodne pristranosti Suda, te odnosa između Suda i Ujedinjenih naroda, pa sve do pitanja američkog suvereniteta. Također, ponuđena je i međunarodnopravna politička kritika nedavnih poteza američke vlade, koji štete i američkim nacionalnim interesima, i međunarodnoj sigurnosti. ; The International Criminal Court is a new international body constituted with the aim of prosecuting and trying cases of genocide, war crimes, and crimes against humanity. Although in 2000 the United States signed the 1998 Rome Statute, which is the foundation of the International Criminal Court, the Bush Administration took a radically different position the following year, protecting itself from any idea of trying American citizens abroad. This text analyses the main U.S. foreign policy arguments pertaining to the ICC, from the alleged impartiality of the Court and the relationship between the Court and the United Nations, to the question of American sovereignty. In addition, the text offers an international legal and political critique of the recent U.S. policy actions, which harmed both American national interests, as well as international security.

Opisuje se oblikovanje sustava informacijskog zakonodavstva u kojem je novi Zakon o tajnosti podataka četvrti dio, pored Zakona o pravu na pristup informacijama, Zakona o zaštiti osobnih podataka i Zakon o medijima. Naglašavaju se temeljne novine, kao i pitanje prevođenja stupnjeva tajnosti prema prethodnim propisima u one prema novom Zakonu. Razmatraju se određene dileme u provedbi novog Zakona, od kojih su neke povezane s kaznenim pravom, a neke s pravom na pristup informacijama javnog sektora. Zanimljivi su postupovni problemi u vezi s testom razmjernosti. Autor upozorava na neusklađenost propisa, nedostatne nadzorne kapacitete, mogućnosti zloporabe propisa o tajnosti podataka, te na potrebu terminološkog i drugog preciziranja pravnih propisa. ; Design of the system of information legislation is described. The new Law on Data Confidentiality is the fourth part of this system, along with the Law on the Access to Public Sector Information, Law on Personal Data Protection, and Media Act. Basic novelties in the Law are stressed, such as the issue of transitional regulation about levels of confidentiality. There are a few dilemmas with regard to implementation of the new Law. Some of them are connected with criminal law, and some with the issue of access to public sector information. An interesting procedural problem is connected with the test of proportionality. The author warns about the gaps in legal regulation, lack of control capacity, possibilities of misusing legal regulation on data confidentiality, and the necessity of terminological and other clarifications in legal regulation.

The paper provides a detailed overview of the existing relationship between the just war theory & international law. It stresses the fact that the two concepts were historically incompatible. The just War theory falls within ethics & appeals to superior principles that were not in accordance with the positivist law theory & the concept of sovereignty upon which public international law was founded. That incompatibility may at first seem as a paradox since the two concepts should be derived from a common base: the idea of justice. Further development of international law has clearly proved that law cannot be separated from the idea of justice & that is, to some extent, closely linked to some elements of natural law. The author concludes that in the domain of the use of force contemporary international law provides a legal frame, which is in accordance with the precepts of the just war theory. References. Adapted from the source document.

The author deals with the background & the types of human rights in the era of globalization & looks into the proposals of their global institutionalization. His assumption is that the increased legal normatization of global legal regimes on the basis of human rights is in the rational interest of the actors of global law. There are five main ideas: the democratization of all states, the global institutionalization of the direct global civil law, the global federal republic, the international legal solutions &, the global law. The global institutionalization of human rights has been beset by various problems & it requires different approaches which should be seen as mutually corrective. The globally oriented weak publics are a kind of a forum in which individual solutions' relevance must be argued. They affect the globally operating strong publics. The author concludes that the demand for global justice remains a normative measure towards which public education & the public will must be oriented for the sake of the legal formulation of human rights. 45 References. Adapted from the source document.

The author outlines some basic conceptual aspects of the legal evolution of international relations after 11 September 2001. First, he briefly sums up the classical international law. Then he goes on to analyze the two dominant approaches to the future development of international law -- the idealistic & the realistic -- by juxtaposing Kant & Hegel. Regarding this debate one should not forget Carl Schmitt, the German legal & political theoretician, since he challenges the universalist presumptions of Kant's project. Schmitt calls into question the function of the rationalization of governance which should be taken over by the constitution, both within & outside the nation-state. The author concludes that the US & other big powers will soon have to return to the path they paved & energetically followed between 1918 & 1945, the path of gradual progress in the historical evolution of international law. 12 References. Adapted from the source document.

The author illustrates the key issues of processes of the FR Yugoslavia (Serbia & Montenegro) before the International Court of Justice in The Hague (ICJ). Focused on explanations for the ICJ determination of the legal foundations for jurisdiction in accordance with international law, he gives legal remarks on reasons why the ICJ was able to consider them in the case of the Bosnia & Herzegovina vs. FR Yugoslavia (Serbia & Montenegro) & why it decided to lack jurisdiction in the cases against NATO. Examinations of the legal facts of the state responsibility do not prejudge questions of the jurisdiction of the ICJ that should be open in the case between Croatia & Serbia & Montenegro. The author's remarks follow the preliminary procedure of the ICJ & help consider the real state of all instituted proceedings. Tables, References. Adapted from the source document.

Due to the historical experience with the Weimar Republic, some abiding constitutional principles have been built into the new Constitution of the Federal Republic of Germany (its Fundamental Law). Instead of the positivist & formalistic interpretation of democracy of the Weimar Constitution, the authors of the Fundamental Law have opted for the concept of the so-called "militant democracy" i.e. democracy firmly linked to certain values. The concept of "militant democracy" is found in a number of articles in the German Fundamental Law, as a preemptive protection of democracy & a bulwark against extremist positions even before extremist groups break any law. The concept of "militant democracy" is based on the democratic theoretical & sociological-philosophical assumptions by Karl Loewenstein & Karl Mannheim. They have been converted into constitutional practice & incorporated into the Gennan Fundamental Law. However, the instruments of "militant democracy" do not include only the protective measures stipulated by the Constitution but an array of other measures of different intensity. Various instruments of "militant democracy" meant to protect democracy in the FR of Germany are described & include the discursive, penal-legal, administrative & constitutional-legal protection of democracy. The instruments of the protection of democracy in the Federal Republic of Germany are not unique, but some instruments e.g. the possibility of banning political parties are very rare in western democracies. & finally, this situation is briefly compared to the situation in some western & postcommunist democracies. References. Adapted from the source document.

In the second part of the text the author looks into the paradox of the concept of justice as discerned by Jacques Derrida, & analyzes the tradition of the European constitutional law. Since the constitution & politics are discordant & semantically irritating mediums, the author argues that the European Union is an open semantic relationship of legal acquisitions & political processes. The European Union should be explained by means of contemporary, postmodernist theories derived from the linguistic & deconstructivist reversals of the modern substantial rationalism, universalism & cosmopolitism. Consequently, the constitution & the law are not underpinned by the political or any other specific power; on the contrary, it is the unspecific power of the constitution & the law that enables the gradual development & strengthening of the European law & the constitution without the extra constitutional authorities as the disguised power that traditionally legitimizes law. References. Adapted from the source document.

The author argues that democracy is not appropriate for the resolution of the relationship between law & the democratically conditioned state authority in the multinational Europe. The so-called democratic deficit should be understood not only as the empirical fact of a multinational Europe, but also as a paradoxical structural attribute of modern political thought from Kant until today. The author claims that the people should not rule as they might violate all the laws they enacted themselves. Thus the question of the equality of citizens cannot be a democratic one but legal & constitutional. Democracy cannot lay claim to be the sole provider of the legal equality of citizens just as law cannot be the only arbiter in making democratic distinctions among them. Since democracy should be understood as an independent autopoietic & autoimmune medium relatively independent of political power & legal constraints as its setting, the author concludes that the existing forms of immediate & representative democracy, as well as of the traditional form of democratic decision/making represent a risk of regressive progress in Europe in the direction of democracy limited by nation, religion or by class. Adapted from the source document.

The author shows the importance of Hobbes' political thought in formulating the modern state. His contractual argument did not become obsolete as his scientific method. Hobbes breaks from the Aristotelian & natural rights tradition, or rather, he gives the concept of natural right an entirely new meaning. In this context the state of nature, contract & state are logical constructs, & not concepts in direct causal relationship. Hobbes' contract is not just a contract about the system of government; it is what society begins with. The contract is only the ground for the formation of the sociability of the individual, if it is at the same time the ground for establishing the government. The author emphasizes that, just like Kant, Hobbes & Locke consider leaving the state of nature necessary, not simply because of pragmatic reasons, but because the state has to legitimate itself as a claim of pure practical reason. Therefore, the author, following Kant, holds that the duty towards civil society & state cannot be based in the context of Hobbes' & Locke's philosophy, because, although the creation of state can be seen as an act of prudence, that in itself does not show a real obligation to pass from the state of nature to the state of law. The author also notes Hobbes' error in constructing a state independent from ownership. Contrary to him, Kant reasonably & legally bases theory of property as decisive part of his contractualism & creates a philosophical & legal foundation for the philosophy of the state. References. Adapted from the source document.

The paper deals with the innovations the Treaty Establishing a Constitution for Europe brings into the field of human rights. One of them is incorporation of the Charter of Fundamental Rights into the very Constitution. In this way, a political declaration adopted in Nice has become a legal document, achieving also constitutionalization of fundamental rights at the Union level. Secondly, there is an explicit possibility for the EU to accede the European Convention for the Protection of Human Rights & Fundamental Freedoms. Within that context the author considers the relationship between the Charter of Human Rights & the European Convention, as well as the relationship between the two courts: the European Court of Human Rights & the European Court of Justice. References. Adapted from the source document.

The article deals with international legal regulation of protection & sustainable use of watercourses with special reference to the Sava River Basin. This regulation is considerably developed on universal, regional & sub regional international levels by a substantial number of declaratory, treaty & other acts dealing with the subject. In case of the river Sava the basic frame for regulation is on the European level: the documents concerning the Danube River as a whole, & particularly the Framework Agreement on the Sava River Basin. The author stresses that adoption & ratification of this document is probably one of the biggest step forward in co-operation between Slovenia, Croatia, B&H, & Serbia & Montenegro. References. Adapted from the source document.