Suchergebnisse

This research attempts to shed light on the role of the international Court of Justice (ICJ) and the significance of its adjudicatory and advisory functions. The theme of this research will initially project a brief introduction of the topic in question, keeping in view the historical and contemporary perspectives of the ICJ. This research also focuses on the organizational structure of the United Nations, keeping in view the position and role of the ICJ within the organization. With practical examples of case laws, the ambit of judicial review in the context of judicial and advisory function of ICJ will also be taken into account. It will also present brief analysis on the intra-organizational relationship between the ICJ and other organs of the UN. ; This research attempts to shed light on the role of the international Court of Justice (ICJ) and the significance of its adjudicatory and advisory functions. The theme of this paper will initially project a brief introduction of the topic in question, keeping in view the historical and contemporary perspectives of the ICJ . This research also focuses on the organizational structure of the United Nations, keeping in view the position and role of the ICJ within the organization. With practical examples of case laws, the ambit of judicial review in the context of judicial and advisory function of ICJ will also be taken into account. It will also present brief analysis on the intra-organizational relationship between the ICJ and other organs of the UN.

Pitanje prava drzava na samoodbranu je jedno od fundamentalnih pitanja medjunarodnog javnog prava. Ovo nacelo koji postoji koliko i samo medjunarodno pravo, formulisano je na univerzalan nacin sredinom proslog vijeka, i postoje mnogi pisani radovi o njegovoj izradi i tumacenju. Pozivanje na samoodbranu kroz cijelu istoriju je koristeno kao opravdanje za zloupotrebu sile od strane drzava van svojih teritorija. ; Question of right of states to self-defense is one of the fundamental questions of public international law. This principle, which exists just as long as public international law does, was formulated in universal manner by the mid 20th century and there are many written works on its formulation and interpretation. Invoking self-defense during the course of history was used as a pretext for the use of force by the states outside of its territories. Right of states to self-defense originates from customary international law. During antic and medieval times, principle of self-defense was linked to the theory of just war which was differently interpreted in different times. In the period between two world wars, still there was no absolute prohibition of the use of force in international relations so the principle of self-defense was linked to the right of self-help through use of different forcible measures: retorsions, reprisals, naval blockade, intervention and demonstration of naval power. Contrary to the period of League of Nations, mechanism of implementation of international law was centralized by the foundation of the United Nations because a single body – Security Council – was entrusted with the authority to determine when the use of force is allowed in international law. Article 51 of the United Nations Charter defines that the states have a right to individual or collective self-defense in case of armed attack on the UN member state. This right is considered legitimate until the Security Council has taken measures necessary to maintain international peace and security.

The paper deals with the issue of regulation of the right of natural and legal persons to environmental information, in relevant international legal documents. There is a survey of certain international conventions which envisage this right in their field of regulation. The right to access the information is in details regulated in the Aarhus Convention, which comprises significant part of this paper. This kind of regulation of the right to environmental information has performed a significant influence on states and international organizations, which created their domestic and international rules, using the solutions from this Convention. The European Union has enacted a significant number of directives on the right of a public to receive environmental information. The special emphasis will be on the work of the Aarhus Convention's Compliance Committee which has a significant role in supervising and deciding about the compliance with the application of the Convention in its member states.