Suchergebnisse

Introduction / Koenraad Verboven, Olivier Hekster -- Culture politique imperiale et pratique de la justice : regards croises sur la figure du prince "injuste" / Stephane Benoist, Anne Gangloff -- The decreta and imperiales sententiae of Julius Paulus : law and justice in the judicial decisions of Septimius Severus / Elsemieke Daalder -- The value of the stability of the law : a perspective on the role of the emperor in political crises / Francesco Bono -- Legal education, realpolitik, and the propagation of the emperor's justice / Matthijs Wibier -- Koinoi nomoi : Hadrian and the harmonization of local laws / Juan Manuel Cortes-Copete -- Justice, res publica and empire : subsidiarity and hierarchy in the Roman empire / Frederic Hurlet -- Substantive justice in provincial and Roman legal argument / Clifford Ando -- Zwischen Theorie und Wirklichkeit : Romische Sicherheitsgesetze und ihre Realisierung / Peter Herz -- Geschlechterrollen im romischen Erbrecht im Spiegel des zeitgenossischen Gerechtigkeitsverstandnisses und am Beispiel der lex Voconia / Elena Kostner -- La femme : objet et sujet de la justice romaine / Pilar Pavon Torrejon -- The spectacle of justice in the Roman Empire / Margherita Carucci.

This paper aims at defining the concept of "geopolitical space of the geopolitics of the Sea" and it analyses the way it is constructed. Given that the notion of geopolitical space in the general sense has been largely neglected in contemporary geopolitical theory, this is not a simple task. The paper deals with a physical space of the World Sea and utilizes the theory of modern human geography in which space is understood as a product of human activity. We argue that there is a significant connection between geopolitics of the Sea and the academic discipline of the International Law of the Sea. This link is taken as the basis for the discussion regarding geopolitical space, which encompasses three teleological elements: the fulfillment of the paper's main objective; the argument regarding the connection of Geopolitics of the Sea with the International Law; and, finally, presenting the political science context of the codification of the modern International Law of the Sea. By using earlier studies, the paper analyses the geopolitical space through ideas of construction within dichotomy, as well as through the process of establishing a community within the international framework. The paper also offers our own theory according to which the geopolitical space is the space of manifestation of geopolitical phenomena. ; Temeljni je cilj rada prikazati na koji način nastaje i šta zapravo jeste "geopolitički prostor geopolitike mora". Argumentacija nije bila jednostavna jer je geopolitički prostor kao pojam u općem smislu zanemaren u recentnoj geopolitičkoj teoriji. U diskusiji smo se bavili fizičkim prostorom Svjetskog mora te koristili teorijom suvremene humanističke geografije u kojoj je prostor proizvod društvene djelatnosti. Iznijeli smo stav da je geopolitika mora posebno disciplinarno povezana s međunarodnim pravom mora. To smo, dalje, iskoristili kao poligon za raspravu o geopolitičkom prostoru, i to s tri teleološka elementa: ispunjenje osnovnog cilja rada; argumentacija veze s pravom; te prikaz politološkog konteksta procesa kodifikacije suvremenog međunarodnog prava mora. Geopolitički prostor smo ispitali kroz postojeće ideje konstrukcije unutar dihotomije, te pri uspostavi zajednice u međunarodnom okviru. Ponudili smo i vlastitu teoriju po kojoj je geopolitički prostor prostor manifestacije geopolitičkih fenomena.

Δεν παρατίθεται περἰληψη στα ελληνικά. ; Lina Venturas – Dimitria Groutsis, The Cold War and international migration regulation: The establishment of the Intergovernmental Committee for European Migration The immediate post WWII period saw the establishment of the Inter-governmental Committee for European Migration (ICEM) (now International Organisation for Migration, IOM), as a key organisation in the management of post WWII migration. This paper examines the debates and policies surrounding the creation of the ICEM as an agent responsible for the facilitation and administration of labour migration from parts of Europe to a variety of overseas countries. At the conclusion of the Second World War, the problems surrounding 'surplus population' and unemployment in Europe were discussed in many international forums. It was from these discussions that a consensus emerged which saw emigration as a viable solution. To this end, in 1951, the International Labour Organisation convened a Migration Conference in Naples, bringing together key stakeholders. The Naples Conference failed, an outcome driven mainly by the US. The US was particularly concerned with economic stagnation and mounting social unrest related to the 'surplus population' in European countries in this Cold War period. At the same time however, it strived at limiting international influence over migration and refugee policies and on receiving countries retaining their sovereign immigration policies. In spite of the disagreements and through a process of negotiation, the US subsequently led the creation of an intergovernmental body, which was established at a conference convened in Brussels in 1951. This newly formed organisation, initially named the Provisional Intergovernmental Committee for the Movement of Migrants from Europe (PICMME), was open only to states with a 'liberal' political regime and had specifically designed functions based on inter-governmental negotiations. The US ensured its predominance in the organization through budgetary control and other means. In 1953, the PICMME became a permanent 'fixture' of migration regulation and was renamed the Intergovernmental Committee for European Migration (ICEM). Hereafter, ICEM offered operational and financial assistance for migrants' transportation, language training, reception facilities, settlement services and labour market placement.

Δεν παρατίθεται περίληψη στα ελληνικά. ; Alexandros N. Teneketzis, Art and Politics in Cold War. The International Sculpture Competition for the Monument to the Unknown Political Prisoner The gradual transfer of the metropolis of the western art world from Paris to New York and specifically in circles around the Museum of Modern Art (MOMA) under the leadership of Alfred H. Barr Jr. and with the theoretical foundation by Clement Greenberg, but practically under the guidance and financing from the CIA, was also visible in the case of public memory and art about the Second World War. The international institution that was the cause for the widespread diffusion of the artistic standards grown in USA was the "International Sculpture Competition for the Monument to the Unknown Political Prisoner", which was organized under the auspices of the Institute of Contemporary Arts (ICA) in London and the Tate Gallery, but actually with the encouragement, blessings and supervision of the CIA. The competition was from the beginning a large turnout and the proposals submitted until January 1953 surpassed 3.500 –mainly abstract or semi­abstract stylistic suggestions. The biggest names at the time in the international arena of sculpture in West took part, while artists from the Eastern Bloc boycotted the process. Therefore were precluded any realistic academic representative works and of course any relationship with socialist realism, giving thus the tone for both the style, and for all other future monuments in the western world. Eventually, the first prize of 2.500 pounds awarded to the British sculptor Reg Butler, unknown to the general public until that time but with a decisive commitment to abstraction. However, the work of Butler was never completed, principally because of the changing international circumstances and relationships after the death of Stalin in '53 and Khrushchev's secret speech in '56. The new "Thaw" era in East­West relations imposed the final rejection in 1960. A public monument like that of Butler's, which would refer to the previous tense situation, was no more possible. Nevertheless, the dual objective of recognition and legitimization of abstract art in the western world and at the same time of the weakening of socialist realism and therefore of communism was promoted and achieved up to a certain degree.

Zoi Mella, The Greek Civil War and the Spanish Press during Franco's DictatorshipIn this article we would like to approach a quite unknown subject: the presence of the Greek Civil War in the Spanish Press. Our objective was to ascertain the impact this event had at the post war Spanish Press. How would react Spain in view of such a confrontation, especially since it had already experimented a Civil War? It was a complicated period for Greece, as well as for Spain, a time when both countries experienced problems of different nature but equally serious: Greece was suffering the devastating consequences of the Second World War and Spain was trying to encounter the contempt of the international political world. The Greek Civil War was the first confrontation between two worlds that were exiting reinforced from the Second World War. It became the field of conflict between the USSR and the Anglo-Saxon allies during several years. The interior problem of some rebels, who couldn't, or wouldn't, adapt themselves to the new post war situation or were discontented with the new regime, was transformed to an international matter of great impact, that managed to confront USSR, on one hand, and the US and Great Britain, on the other, in the International Organism of the United Nations. Our interest was centred in the various approaches that the newspapers and the magazines of the time made. Moreover we were interested in the points of view and the conclusions manifested by the diverse papers, according to their political and ideological affinities, without forgetting the strict regime of control and censure that was in force at that moment. This investigation forms part of a broader subject that is the bilateral relations of these two countries, rather different at first sight, that during the XX century were affected by very similar events, such as a civil war. ; Zoi Mella, The Greek Civil War and the Spanish Press during Franco's DictatorshipIn this article we would like to approach a quite unknown subject: the presence of the Greek Civil War in the Spanish Press. Our objective was to ascertain the impact this event had at the post war Spanish Press. How would react Spain in view of such a confrontation, especially since it had already experimented a Civil War? It was a complicated period for Greece, as well as for Spain, a time when both countries experienced problems of different nature but equally serious: Greece was suffering the devastating consequences of the Second World War and Spain was trying to encounter the contempt of the international political world. The Greek Civil War was the first confrontation between two worlds that were exiting reinforced from the Second World War. It became the field of conflict between the USSR and the Anglo-Saxon allies during several years. The interior problem of some rebels, who couldn't, or wouldn't, adapt themselves to the new post war situation or were discontented with the new regime, was transformed to an international matter of great impact, that managed to confront USSR, on one hand, and the US and Great Britain, on the other, in the International Organism of the United Nations. Our interest was centred in the various approaches that the newspapers and the magazines of the time made. Moreover we were interested in the points of view and the conclusions manifested by the diverse papers, according to their political and ideological affinities, without forgetting the strict regime of control and censure that was in force at that moment. This investigation forms part of a broader subject that is the bilateral relations of these two countries, rather different at first sight, that during the XX century were affected by very similar events, such as a civil war.

Konstantinos Katsoudas, "A Dictatorship that is not a Dictatorship". Spanish Nationalists and the 4th of August The Spanish Civil War convulsed the international public opinion and prompted most foreign governments to take measures or even intervene in the conflict. Greek entanglement either in the form of smuggling war materiel or the participation of Greek volunteers in the International Brigades has already been investigated. However, little is known about a second dimension of this internationalization of the war: the peculiar forms that the antagonism between the two belligerent camps in foreign countries took. This paper, based mainly on Spanish archival sources, discusses some aspects of the activity developed in Greece by Franco's nationalists and the way Francoist diplomats and emissaries perceived the nature of an apparently similar regime, such as the dictatorship led by general Metaxas. The main objectives of the Francoist foreign policy were to avoid any escalation of the Spanish civil war into a world conflict, to secure international assistance for the right-wing forces and to undermine the legitimacy of the legal Republican government. In Greece, an informal diplomatic civil war broke out since Francoists occupied the Spanish Legation in Athens and Republicans took over the Consulate in Thessaloniki. The Francoists combined public and undercover activity: they worked hard to achieve an official recognition of their Estado Nuevo, while at the same time created rings of espionage and channels of anticommunist propaganda. The reason of their partial breakthroughs was that, contrary to their Republican enemies, the Nationalists enjoyed support by a significant part of the Greek political world, which was ideologically identified with their struggle. Francoist anti-communism had some interesting implications for Greek politics. An important issue was the Francoist effort to reveal a supposed Moscow-based conspiracy against Spain and Greece, both considered as hotbeds of revolution in the Mediterranean, in order to justify both Franco's extermination campaign and Metaxas' coup. Although this effort was based on fraudulent documents, forged by an anti-Bolshevik international organization, it became the cornerstone of Francoist and Metaxist propaganda. General Metaxas was the only European dictator to invoke the Spanish Civil War as a raison d'etre of his regime and often warned against the repetition of Spanish-like drama on Greek soil. Nevertheless he did not approve of Franco's methods and preferred Dr. Salazar's Portugal as an institutional model closer to his vision. For Spanish nationalist observers this was a sign of weakness. They interpreted events in Greece through the disfiguring mirror of their own historic experience: thus, although they never called in question Metaxas' authoritarian motives, the 4th of August regime was considered too mild and soft compared to Francoism (whose combativeness and fanaticism, as they suggested, the Greek General should have imitated); it reminded them the dictatorship founded in Spain by General Primo de Rivera in 1920s, whose inadequacy paved the way for the advent of the Republic and the emergence of sociopolitical radicalism. Incidents of the following years, as Greece moved towards a civil confrontation, seemed to strengthen their views. ; Konstantinos Katsoudas, "A Dictatorship that is not a Dictatorship". Spanish Nationalists and the 4th of AugustThe Spanish Civil War convulsed the international public opinion and prompted most foreign governments to take measures or even intervene in the conflict. Greek entanglement either in the form of smuggling war materiel or the participation of Greek volunteers in the International Brigades has already been investigated. However, little is known about a second dimension of this internationalization of the war: the peculiar forms that the antagonism between the two belligerent camps in foreign countries took. This paper, based mainly on Spanish archival sources, discusses some aspects of the activity developed in Greece by Franco's nationalists and the way Francoist diplomats and emissaries perceived the nature of an apparently similar regime, such as the dictatorship led by general Metaxas. The main objectives of the Francoist foreign policy were to avoid any escalation of the Spanish civil war into a world conflict, to secure international assistance for the right-wing forces and to undermine the legitimacy of the legal Republican government. In Greece, an informal diplomatic civil war broke out since Francoists occupied the Spanish Legation in Athens and Republicans took over the Consulate in Thessaloniki. The Francoists combined public and undercover activity: they worked hard to achieve an official recognition of their Estado Nuevo, while at the same time created rings of espionage and channels of anticommunist propaganda. The reason of their partial breakthroughs was that, contrary to their Republican enemies, the Nationalists enjoyed support by a significant part of the Greek political world, which was ideologically identified with their struggle. Francoist anti-communism had some interesting implications for Greek politics. An important issue was the Francoist effort to reveal a supposed Moscow-based conspiracy against Spain and Greece, both considered as hotbeds of revolution in the Mediterranean, in order to justify both Franco's extermination campaign and Metaxas' coup. Although this effort was based on fraudulent documents, forged by an anti-Bolshevik international organization, it became the cornerstone of Francoist and Metaxist propaganda. General Metaxas was the only European dictator to invoke the Spanish Civil War as a raison d'etre of his regime and often warned against the repetition of Spanish-like drama on Greek soil. Nevertheless he did not approve of Franco's methods and preferred Dr. Salazar's Portugal as an institutional model closer to his vision. For Spanish nationalist observers this was a sign of weakness. They interpreted events in Greece through the disfiguring mirror of their own historic experience: thus, although they never called in question Metaxas' authoritarian motives, the 4th of August regime was considered too mild and soft compared to Francoism (whose combativeness and fanaticism, as they suggested, the Greek General should have imitated); it reminded them the dictatorship founded in Spain by General Primo de Rivera in 1920s, whose inadequacy paved the way for the advent of the Republic and the emergence of sociopolitical radicalism. Incidents of the following years, as Greece moved towards a civil confrontation, seemed to strengthen their views.

"In this work, one of Latin America's most renowned legal philosophers conducts a comprehensive survey of the ancient Greek understanding of the law, drawing on texts by poets (Hesiod), philosophers (Anaximander), playwrights (Aeschylus and Sophocles), and historians (Herodotus and Thucydides). The book ends with a finely detailed analysis of the relationship between language and reality in Aristotle, and the emergence of the notion of the system and its subsequent introduction into Roman law. The author's in-depth study of all these aspects makes this volume an essential reference for philosophers, jurists, and historians"--

Δεν παρατίθεται περίληψη στα ελληνικά. ; Anna Mahera, Émigration et développement économique dans la Grèce d'après guerre. L'approche du problème par le milieu politique de Centre-gauche Dans les premières années de l'après guerre, en Grèce se pose de nouveau le problème du mode de développement économique. En effet, la perspective de l'arrivée massive des capitaux américains en combinaison avec la disponibilité d'une main-d'oeuvre autochtone créent des conditions favorables à un projet d'industrialisation. C'est au sein des milieux politiques grecques qu'un tel projet est élaboré, alors que les instances internationales —comme le Food and Agriculture Organisation des Nations Unies— signalent les graves difficultés à surmonter. Progressivement, dans le climat de la guerre froide des années 1950, la quasi-totalité des forces politiques grecques ont abandonné l'idée d'un développement industriel, admettant la position subalterne occupée par le pays dans la division internationale du travail. Celui-ci doit se contenter au rôle de fournisseur de main-d'oeuvre vers les pays européens, en particulier vers l'Allemagne, en phase de reconstruction économique, à travers Γ émigration du travail qui prend une grande ampleur dans les années 1950 et 1960. Tout au plus, la Grèce peut-elle envisager le développement du secteur des services. Contrairement aux autres forces politiques, le Centre-gauche a parcouru ce chemin avec une décennie de retard, en raison de la présence en son sein d'une réflexion économique affirmée, émanant d'économistes de haut niveau, orientés vers l'économie de la planification, et peut-être aussi à cause de l'éloignement de ce milieu du jeu politique immédiat. Le rangement du Centre-gauche à la politique officielle d'émigration intereuropéenne a marqué la fin d'une période de fermentation sur le projet d'industrialisation de la Grèce dont l'origine remonte à l'entre-deux-guerres.

The article discusses the status, rights and perspectives of the minorities and "non-constituent" peoples in Bosnia and Herzegovina. The status of the "constituent minorities" (the "Others") is very specific and different from the minorities' status in neighbouring countries. The article argues that in Bosnia and Herzegovina "traditional" attitudes like ethno-nationalism, discrimination, violation of minorities rights and freedoms are still very dominant. A direct consequence of this socio-political atmosphere is ethno-particularisation of society and destabilization of the state in domestic and international contexts. This short review of the status of minorities in Bosnia and Herzegovina is an insight into the international and national instruments that regulate the status and rights of the national minorities in Bosnia and Herzegovina. The authors highlight the specificity of the country, i.e. the institutional discrimination of citizens that belong to the "others", but are still citizens of Bosnia and Herzegovina. The authors claim that the citizenship of Bosnia and Herzegovina should be an efficient protection against the observed discrimination. ; Tema ovog članka je položaj, prava i perspektiva manjina i "nekonstitutivnih" naroda u Bosni i Hercegovini. Položaj posebne grupe "konstitutivnih manjina" (tzv. ostalih) Bosnu i Hercegovinu čini specifičnom i po mnogim faktorima razlikuje od drugih država u okruženju. Članak se fokusira na tezu da u Bosni i Hercegovini još uvijek dominiraju određene "tradicionalne" političke i društvene projekcije koje se iskazuju u formi etnonacionalizma, diskriminacije, kršenja manjinskih prava i sloboda, odnosno demokraciji neprimjerenih supstrata i supstituta. Izravan produkt ovakvog socio-političkog ambijenta jeste etno-partikularizacija društva i destabilizacija države na unutarnjem i međunarodnom planu. Ovaj kratki ogled o položaju manjina u Bosni i Hercegovini, sem pregleda međunarodnih i nacionalnih instrumenata koji reguliraju status i prava nacionalnih manjina, nudi uvid u pomenutu specifičnost Bosne i Hercegovine: institucionaliziranu diskriminaciju građana koji pripadaju kategoriji "ostali", koji su žrtve diskriminacije, iako bi njihovo bosanskohercegovačko državljanstvo per se, i po prirodi stvari, trebalo predstavljati učinkovitu smetnju ovakvoj diskriminaciji.

Considering that in the spectrum of juvenile criminal sanctions punishment of deprivation of liberty is the most severe criminal sanction, international documents related to juveniles in conflict with the law proclaim standards that this sanction has to be imposed only as a measure of last resort and for the shortest period. Issues like possible duration of subject sanction and scope of its imposition, represents some of the basic features of the legal and judicial policy of sanctioning of juveniles, and represent the subject of this paper. The author analyzes how these issues are regulated in Bosnia and Herzegovina"s and comparative law, and how aforementioned standards are applied in practice. Applying the comparative analysis it was determined that there are certain indicators that Bosnia and Herzegovina is one of the countries that has in its heritage "humane" sanctioning policy of juvenile offenderes, and that the aforementioned international standards are consistently accepted in domestic law as well as in the jurisprudence. ; Imajući u vidu da u spektru maloljetničkih krivičnih sankcija kazna lišenja slobode predstavlja najstrožiju krivičnu sankciju, međunarodni dokumenti iz oblasti postupanja sa maloljetnicima u sukobu sa zakonom proklamiraju standard da se ona ima izricati samo kao krajnje sredstvo (ultima ratio) i u što kraćem trajanju. Upravo pitanja mogućeg trajanja predmetne sankcije, te obima njenog izricanja predstavljaju neka od osnovnih obilježja zakonske i sudske politike sankcioniranja maloljetnika, te čine predmet istraživanja ovog rada. Autor je analizirao kako su ova pitanja uređena u bosanskohercegovačkom i uporednom pravu, te kako su spomenuti standardi oživotvoreni u praksi. Primjenom komparativnopravne analize utvrđeno je kako postoje određeni pokazatelji da Bosna i Hercegovina spada u red zemalja koje baštine "humanu" politiku sankcioniranja maloljetnih učinitelja krivičnih djela, te da su spomenuti međunarodni standardi dosljedno prihvaćeni kako u pravu, tako i u sudskoj praksi ove zemlje.

In contemporary world, with the change of economic, social, political and cultural conditions, the expectations to the support or creation of welfare states are also changing. For the preservation or reinforcement of welfare states, elimination of the arising contradictions is necessary as well as positive, effective answers to the challenges raised to welfare states both in theoretic, ideological-value and practical sense. The aim of this article is to reveal and group the essential contradictions and challenges to welfare states and their public governance. This article is of a phenomenological, analytical-overview type. In chapter 1, the authors provide the notions of contradiction, challenge, welfare state, governance and public governance; chapter 2 analyses contradictions and challenges to public governance of welfare states in international, state and local levels; in chapter 3, the authors analyse the challenges to welfare states in the context of the changes of the 21st century.

In contemporary world, with the change of economic, social, political and cultural conditions, the expectations to the support or creation of welfare states are also changing. For the preservation or reinforcement of welfare states, elimination of the arising contradictions is necessary as well as positive, effective answers to the challenges raised to welfare states both in theoretic, ideological-value and practical sense. The aim of this article is to reveal and group the essential contradictions and challenges to welfare states and their public governance. This article is of a phenomenological, analytical-overview type. In chapter 1, the authors provide the notions of contradiction, challenge, welfare state, governance and public governance; chapter 2 analyses contradictions and challenges to public governance of welfare states in international, state and local levels; in chapter 3, the authors analyse the challenges to welfare states in the context of the changes of the 21st century.