Suchergebnisse

Arbitrajul privat voluntar nu mai este o metoda alternativa de solutionare a litigiilor. Acesta a devenit o metoda uzuala de solutionare a disputelor, o mentalitate de interpretare a textelor legale si, poate, un mod de viata. La prima vedere, lucrarea are un caracter exclusiv juridic. Resorturile scrierii acestei lucrari nu au fost numai juridice. De altfel, a scrie despre arbitrajul privat voluntar numai din perspectiva juridica echivaleaza cu neîntelegerea finalitatii acestuia. Solutionarea litigiului arbitral nu este un mestesug, ci este si devine permanent o arta. Aceasta din urma perspectiva a constituit adevaratul resort al scrierii prezentei lucrari. Elementul de noutate al lucrarii îl constituie analiza pragmatica, dar livresca si, totodata,exclusiva a textelor procesual-civile romane referitoare la arbitrajul privat voluntar.

The internationalization of national constitutions includes an eventual unification of constitutional rules deemed necessary to intensify international relations. So, in a broader way it is invoked the impact of international law and international relations on constitutional law. The result of the internationalization of national rights is a progressive harmonization of concepts and legal rules. In the current state of international law, constitutions' internationalization corresponds a concrete impact of international law on constitutional norms. The current trend of constitutions is to regulate in a more accurate and comprehensive way the relations between the state and international law. International law does not require any particular form of the conclusion of international treaties. In intensification of international relations, international conventions and integration of states in international organizations, the Parliament carries important consequences for both on normative function and the control function. Such legislative activity is guided by international treaties concluded by the state. While the executive and the legislative are involved in the development of international law, the jurisdictional power intervenes to reconcile domestic and international legal norms. States do not devote supremacy of international law over their constitution. Because international treaties to be part of the national legal order is not enough that the procedure for concluding treaties to be respected. It is also necessary that treaties do not contravene fundamental state constitutional principles of human rights and the relationship between public authorities. The control of international treaties' constitutionality can be mandatory or optional. In the process of ratification of the treaty on EU European constitutional courts tend to create a similar design to establish the limits of European integration. In reality, the issue of constitutionality of international treaties control is a political issue and it is difficult to apply legal principles purely political matters. There are three categories of states in the aspect of national courts on constitutional regularity control concluding treaties.

The European Union is a rather new player in international relations. The European Union is neither a state nor international organization. With the accession to the European Union, the states transfer some attributes of sovereignty and, thus, the governing is done by the European Union mostly, taking part in its relations with third countries. At the same time, it contains some elements of the union (confederation, federation). Therefore, the European Union is more than an international organization. We find elements of the federation, confederation without being identified as such, being established on a system of organization. The European Union aims for integration of societies within a single economic, social, political, legal area. The European Union acts as a proper system based on an idea of creating strong Union bonds between the people of Europe, by establishing an internal market, an economical Union. The European Union, in its relations with the member states, keeps the ultimate goal that it has, being an international legal person, special competences, realizing common goals established with the member states. The legal basis of the European Union is represented by two treaties: the Treaty on European Union and the Treaty on the Functioning of the European Union. The well-known Lisbon Treaty represents legally an amending treaty of the previous legal instruments - a compromise between the need for reform, on the one hand, and the need to live in a united Europe, on the other hand. The member states of the EU relate to two legal systems. As a result of their participation in an international organization with supranational character, Member States of the European Union assume a number of commitments with repercussions to their state sovereignty. The Member States coexist with the European Union. The European Union has become, along with its Member States, a matter of international law; even if it shows itself as a conglomerate of states - international organization; it is a union of states established by state attributes, an entity more complex and powerful, with a higher importance with its relations with the Member States, but also with an increased influence on international arena.

Globalizacija i povećana međunarodna međuovisnost pridonose tomu da se ponovno povećava interes utjecaja strukture međunarodnog sustava na međunarodne odnose. Međunarodni sustav od kraja Hladnog rata neprestano proživljava promjene. One se najviše odlikuju u političkim i sigurnosnim novitetima. U takvim je uvjetima struktura sustava postala glavnom odrednicom ponašanja država koje se, promatrajući ih kroz perspektivu strukturalnog realizma ili neorealizma, ponašaju isključivo u skladu s vlastitim interesima, u uvjetima anarhičnog sustava. S obzirom na geopolitički položaj te veličinu Hrvatskoj je izrazito bitno čvrsto članstvo unutar NATO-saveza i Europske Unije. Kontekst razvoja sigurnosti i obrane time postaje više usmjeren na činjenicu da se zemlje članice saveza obvezuju pomagati jedna drugoj u slučaju pojave ugroze, te se time jača stabilnost nacionalne sigurnosti potrebne da se omoguće dugoročni mir i stabilnost u zemlji, ali i u susjedstvu. Kao središnji i konstantan fenomen u proučavanju međunarodnih odnosa, savezi nastaju jer su vlade svih razvijenih država svjesne da su dio jednog većeg entiteta u međunarodnoj politici u kojoj, prema postavkama neorealističke škole među-narodnih odnosa, postoje prijetnje koje su uzroci stvaranja saveza. ; Globalisation and increased international interdependence have contributed to the fact that once again the interest of the impact on the structure of the international system to international relations is increased. The international system, since the end of the Cold War, is constantly going through changes. They are the most distinguished in political and security innovations. In such circumstances, the structure of the system has become the main determinant of behaviour of states that, looking through the perspective of structural realism or neorealism, act solely pursuing their own interest, in terms of an anarchic system. Given the geopolitical position and size of the country, it is extremely important for Croatia to have a firm membership within the NATO and the European Union. The context of development of security and defence thus becomes more focused on the fact that the member states of the alliance commit to assist each other in case of threats, so the stability of national security needed to enable long-term peace and stability in the country, but also the neighbourhood, is strengthened. As a central and constant phenomenon in the study of international relations, alliances are formed because the governments of all developed countries are aware that they are part of a larger entity in international politics, in which, according to the neorealist school of international relations, there are threats that cause creating alliances.

Članak je usredotočen na djelovanje međunarodnih organizacija u postkonfliktnim i nestabilnim državama s posebnim prikazom njihove uloge u BiH. Od sredine 1990-ih međunarodne organizacije – kao što su UN, NATO, EU i OESS – angažirane su u BiH u procesu izgradnje države i transformiranja podijeljenoga društva u gospodarski i politički održivu državu. Iako su, uz podršku svih istaknutijih europskih država i SAD-a, međunarodne organizacije postale važan činitelj u slaboj i nefunkcionalnoj državi, njihovo uplitanje nije proizvelo očekivane rezultate. ; The paper is focused on activities of international organizations in postconflict and unstable countries with a special overview of their role in BiH. Since 1990 international organizations – such as UN, NATO, EU and OESS – have been engaged in BiH in the process of building the country and transforming a divided society into economically and politically sustainable country. Although international organizations became an important factor in the weak and non-functional country with the support of all eminent European countries and the USA, their interference has not produced expected results.

Universal Declaration of Human Rights is an essential reference to human rights and freedoms. Both the Declaration and the Constitution obliges authorities, especially justice and therefore constitutional justice to respect fundamental rights and freedoms, including those through which is ensured protection of personality's spiritual side. The right to a fair trial has a special place among the fundamental rights in a democratic society, whose level should be inherent in any system of law. The right to a fair trial in an independent and impartial court is recognised in customary international law so that those states that have not yet ratified the international instruments are also bound by law and the judicial system to adapt their legislation appropriately. The right to a fair trial has several components such as access to justice, a fair and public case in a reasonable time, examination of the case by an independent and impartial court, established by law, advertising delivery decisions. The right to be tried by an independent and impartial court is so elemental, exciting Human Rights Committee status as an "absolute right not bear any exception". The right to a fair trial also means a reasonable opportunity to expose any part of his case to the court in a manner that does not disadvantage the opposing party, which is achieved by ensuring its rights of defense. Parties have the right to be assisted by an attorney, elected or appointed by office. Realisation of the right to defense is ensured by the organisation and functioning of the judiciary, which is based on the principles of legality, equality of parties, gratuity, collegiality, publicity, immutability and the active role of the court. To enact a law the court as part of a fair trial takes into account the competence to hear the case, both materially and territorially. In this context, statutory legislation provisions are clear and precise, clearly delineating the powers of courts, the costs involved in the administration of justice. To understand and respect the provisions is of paramount importance in realisng the right - a prerequisite to the existence of balanced and harmonious society.

In this article, the author suggests that in recent years climate change is gravely affecting the stability of the international order. The reason is not only the recklessness of the industrial sector as a source polluter, but also the lack of political will in drafting a global blueprint for creating a unique international climate regime. Even though the effects of climate change are getting worse each year, the selfish interests of states, the realpolitik in foreign policy and anarchy dominate international relations, thus representing an obstacle to creating an international climate regime. The author examines ways to overcome these obstacles to international institutionalization of climate issues by introducing three IR theory perspectives: realist, rationalist and idealist. The synthesis of these three perspectives is that the international climate regime should be decentralized; its legal acts should be drafted from inter-state agreements on specific issues, while its principles should be incorporated to the already existing international legal acts. Adapted from the source document.

In this article, the author suggests that in recent years climate change is gravely affecting the stability of the international order. The reason is not only the recklessness of the industrial sector as a source polluter, but also the lack of political will in drafting a global blueprint for creating a unique international climate regime. Even though the effects of climate change are getting worse each year, the selfish interests of states, the realpolitik in foreign policy and anarchy dominate international relations, thus representing an obstacle to creating an international climate regime. The author examines ways to overcome these obstacles to international institutionalization of climate issues by introducing three IR theory perspectives: realist, rationalist and idealist. The synthesis of these three perspectives is that the international climate regime should be decentralized; its legal acts should be drafted from inter-state agreements on specific issues, while its principles should be incorporated to the already existing international legal acts. Adapted from the source document.