Agresija kao međunarodni zločin: Agression as an international crime
In: Međunarodni problemi: Meždunarodnye problemy, Band 69, Heft 1, S. 79-102
ISSN: 0025-8555
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In: Međunarodni problemi: Meždunarodnye problemy, Band 69, Heft 1, S. 79-102
ISSN: 0025-8555
World Affairs Online
In: Politička misao, Band 35, Heft 3, S. 256-276
The author distinguishes between the antiquity's and Middle Ages' teachings on natural law and justice as a virtue and the modern-age Hobbes' theory of the prerequisites of the legal system. Hobbes' theory identifies the prerequisites of the legal system and describes the institution of legal constraint which guarantees the rule of law. The author points to the central historical difference between these paradigms. Finally, the author traces the evolution of Hobbes' paradigm in Kant's philosophy of right. (SOI : PM: S. 276)
World Affairs Online
In: Politicka misao, Band 52, Heft 1, S. 48
What are the doctrinal implications of international responses to the demise of the Socialist Federal Republic of Yugoslavia (SFRY)? Faced with harshly conflicting internal visions of Yugoslav self-determination, the international order - taking direction from the Badinter Commission - reacted in an essentially ad hoc manner against the most manifestly virulent of the competing ethno-nationalisms. In ascribing international legal status to a particular set of constitutionally-established internal boundaries, the Badinter Commission gave a rationale that masked rather than highlighted its departure from existing doctrine, seeking thereby to minimize any implications for the future of sovereignty and s elf-determination. Any effort to invoke the Badinter Commission judgments as evidence of a broader doctrinal transformation, attributing international legal personality to constitutionally-delineated sub-national units more generally, neglects the peculiar context of those judgments and threatens to lend undue support to externally-promoted secessionist projects. Adapted from the source document.
In: Međunarodni problemi: Meždunarodnye problemy, Band 65, Heft 3, S. 315-340
ISSN: 0025-8555
World Affairs Online
In: Politička misao, Band 35, Heft 3, S. 148-157
In the introductory part of the essay, the author looks into the connection between the establishment and attributes of the so-called state of law and the legal system of continental Europe. This is followed by his summary of the origins of the idea of the state of law and its historical setting. In the middle part of the essay the author offers a list of values, value principles and the premises of the so-called state of law with the corresponding conclusions about a marked, multi-level/multiple restricted meaning and scope of the (mosdy) dogmatic, formal/legal principles of the so-called state of law. The author concludes the essay with a rough appraisal of the condition of the so-called state of art in the Republic of Croatia. (SOI : PM: S. 157)
World Affairs Online
In: Politička misao, Band 33, Heft 1, S. 178-187
The author is of the opinion that experts in international law are not broad-minded regarding the establishment of a state. Most legal experts take for granted the statements of the international judiciary on the existance of certain rules of general international law and consider them validated and indisputable. This faction has been given support by states since they uphold those legal statements that suit their interests. The author analyses the Opinions of the Arbitration Committee on the process of the disintegration and the criteria for the dissolution of the former Yugoslavia as well as the criteria for the creation of the new states. He considers this precedent as central for international judiciary law. (SOI : PM: S. 187)
World Affairs Online
In: Časopis za suvremenu povijest: Journal of contemporary history, Band 45, Heft 2, S. 243-276
ISSN: 0590-9597
World Affairs Online
In: Međunarodni problemi: Meždunarodnye problemy, Band 69, Heft 1, S. 103-125
ISSN: 0025-8555
World Affairs Online
In: Politička misao, Band 37, Heft 1, S. 211-228
In Croatia, the issue of the legal status of the sources of journalists' formation as well as the status of journalists who publish sensitive information is increasingly gaining prominence. This is a subject which includes elements of constitutional, media, labour, civil, and penal law. The essay is limited to people as information sources. The sources can be divided into internal and external. The rationale for the sources' confidentiality privilege lies in the fact that journalists serve public goals and their sources can find themselves imperilled. According to the author's classification, the risks of this privilege are faced either by the sources (direct or indirect manipulation, smear campaigns, misapprehensions) or by the journalists ("protecting" a fictional source, subsequent blackmail of the source, misapprehensions). In Croatia, the protection of the information sources is defined in Article 12 of the Law on Public Information. The author outlines the major comparative systems of regulation of this field, the examples of antinomies among different Croatian regulations (the principles for their resolution are also offered) and analyses the position of certain types of sources in relation to the Croatian law. And finally, the author compares the regulations of the Croatian law with the comparative systems, analyses the representation of certain forms of responsibility of certain types of subjects and lists the principles he deems most important regarding journalists' work (the necessity of protecting the sources, the responsibility of journalists towards their sources, the different legal statu of journalists and their sources, the protection of privacy, the verification confidentiality, the more dominant interest, the importance of administrative ethics, the familiarity with the regulations, the adequate legal definition of a secret). (SOI : PM: S. 228)
World Affairs Online
In: Časopis za suvremenu povijest: Journal of contemporary history, Band 45, Heft 3, S. 485-508
ISSN: 0590-9597
World Affairs Online
In: Politička misao, Band 35, Heft 3, S. 158-186
Häberle claims constitutional law is a comparative experiential science closely linked with political science with which it shares the research subject. The constitutional state has been going through a permanent process of changes; the central question is who is the prime mover of constitutional changes: constitutional/legal institutions, constitutional/lega science and political science or public opinion and political culture of citizens? By analysing the recent history of the changes of the German constitutions he suggests that all these factors contribute to constitutional changes. Nevertheless, as an expert for law and political science, who considers himself as belonging to the wider European scientific community, Häberle thinks that the decisive influences in constitutional changes stem from legal and political sciences and concludes: Sine qua (scientia) mortalium vita non regitur liberaliter. (Without science, mortals do not command their life freely). (SOI : PM: S. 186)
World Affairs Online
In: Međunarodni problemi: Meždunarodnye problemy, Band 63, Heft 1, S. 24-51
ISSN: 0025-8555
World Affairs Online
In: Politička misao, Band 35, Heft 1, S. 54-74
Different parts of State territory on land, sea and in the airspace are explained first. The concept of territorial sovereignty is envisaged through principles of its all-inclusiveness and its exclusivity, subject to many exceptions and restrictions imposed either by rules of general international law or by specific treaty obligations that can be assumed by a State. The concept of State servitudes was not assimilated in the practice of international courts and tribunals. Besides, it can be the cause of some misconceptions and confusion in public international law. Within the explanation of territorial boundaries are discussed the so-called natural boundaries such as boundary rivers and lakes and mountain boundaries, as well as the artificial boundaries. Follow explanation of the principle of "uti possidetis, of procedures of fixing boundaries and of special legal scope of boundary treaties in international law. (SOI : PM: S. 74)
World Affairs Online
In: Politička misao, Band 34, Heft 4, S. 68-77
The author analyses political, philosophical, ethical and legal implications o the trial in which, in August of 1997, some former members of the Politburo of the United Socialist Party of the former Democratic Republic of Germany were sentenced to prison terms after they had been found guilty for the murders committed by the East German border patrols when trying to prevent people from fleeing to the West. The legal grounds for such a sentence is dubious, not only because it runs counter to the ban on the retroactive enforcement of legal provisions but also because it presupposes the universal validity of the western concept of human rights. If the intention was to react legally to what, from the Western point of view were unpardonable acts during the communist reign, then the most prominent representatives of that system should have been - in accordance with wartime law - treated as the enemies defeated in a (cold) war. (SOI : PM: S. 77)
World Affairs Online
In: Politička misao, Band 37, Heft 2, S. 129-148
The author analyses the relationship between the constitutional law and the political reality. Using the historical material of the German constitutional legal practice to analyze this relationship, the author concludes that a good constitution can function solely in the setting of a good political culture of state's citizens. Citizenry of a certain political culture always goes hand in hand with a good constitution. (SOI : PM: S. 148)
World Affairs Online