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 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.

Iako su SAD jedna od država koja ne predviđa oblike neposredne demokracije na razini federacije, ustavi članica američke federacije prihvaćaju instituciju ustavne i zakonodavne inicijative – jedan od ključnih elemenata za njihovo razlikovanje od Ustava SAD-a. Građani 24 savezne države SAD-a neposredno su od 1904. do kraja 2005. odlučivali o 2.155 ustavnih i zakonskih prijedloga, u 21. stoljeću Amerikanci očekuju širenje novog ustavnog populizma – uporabe institucija neposredne demokracije. Autorice tumače ustavna rješenja i stvarne učinke primjene navedenih institucijana oblikovanje državne politike u tim državama. ; Although the USA is one of the states that does not have provisions for the forms of direct democracy at federal level, the constitutions of American federal states have accepted the institute of constitutional and legal initiative, which is one of the key elements that differs them from the Constitution of the United States of America. The citizens of 24 American federal states directly decided about 2,155 constitutional and law drafts between 1904 and 2005. The American people expect the institutions of direct democracy to be used more extensively in the 21st century. The authors explain constitutional solutions and the effects of implementation of these institutes on the shaping of state policies in the respective federal states. The institute is used for bypassing the state legislatures in order to limit their freedom of action by constitutionalising the political choices. Tax- -reduction initiatives limit the revenues legislatures can levy and spend, and thus control the damage. This institute is becoming a means of launching changes in different public areas, such as taxes and expenditures, campaign financing, public education. However, the state legislatures can limit effects of the successful initiatives by withholding financial aid necessary for their implementation. State policy does not finish at the moment the initiatives are adopted by citizens. Sanctions depend on citizens' ability to establish the facts about the compliance with the decisions made by direct citizens' participation, and on clarity of the texts adopted by initiatives.

Having in mind the long evolution of constitutions & constitutional politics & the universal appeal of the process of the interplay between virtue & demagogy that occurs during presidential elections, the author touches on several topics. The first are the standard "dogmatic" comparative provisions regarding the election of the head of state which the author looks into through the constitutional-legal prism of the so called selection effect. As the institution of the president of the republic exists in many constitutions & is thus among the most significant institutionalized aspects of political & social life of every country, the author focuses on the extent in which that institution in the electoral context contributes to the affirmation of republicanism, democracy & public sphere. The author concludes that the election of presidents & the effects of electoral selection, among other things, affect the process of political integration that ought -- to not only in Croatia but everywhere & due to a plethora of reasons -- promote the universally accepted ontological principles of contemporary constitutional-democratic state. Appendixes, References. Adapted from the source document.

Language plays the central role in the process of creation of a national identity. In the establishment of the supranational European identity, however, multilingualism is a democratic necessity guaranteeing equality to all European Union citizens. The decisions made by the European institutions influence everyday life of the citizens of the Union and for their legitimacy it is of the utmost importance that the citizens take an active part in the decision making process free of language barriers. In accordance with the EU language policy which guarantees an equal status to all the official languages of its member states -- once Croatia becomes a member of the Union the Croatian language will enjoy the position of an official language of the EU. In order to ensure Croatian citizens equality before the law and free access to the EU legislation, Croatia has the responsibility of translating the so called acquis communautaire, i.e. the total body of EU law, into Croatian and transpose it into its national legislation. The translation of the acquis must guarantee that the EU law is unequivocally interpreted and implemented and this can only be possible if the EU legal terminology is consistently and unambiguously used. Upon the Croatian accession to the EU, the Croatian translation of the acquis will be published in the special edition of the Official Journal of the EU and will become legally binding and used as the fundamental text for the interpretation and application of EU law in Croatia. Adapted from the source document.