Suchergebnisse

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.

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.

United States participation in international politics during the period between the two world wars, come not only from the general and often declarative interest in peace, but was also a consequence of extremely rapid expansion of their foreign trade and overseas capital investments. It was a period of intense financial diplomacy, when efforts to maintain the gold standard, to determine the amount of reparations and the manner of payment of war debts, brought confusion not only in relations between victors and vanquished, but also in relations between the United States and its former European allies. Abandonment of the gold standard and the creation of the tripartite agreement between the United States, Britain and France, in the 1936, was a milestone in the development of international monetary cooperation and the role of United States in international economic relations. .

In this paper the author points out to the importance of main organizations for establishing of international peace and security. They are the following: League of Nations, United Nations, Organizations of European Security and Co-operation, Conference of European Security and Co-operation, European Council, West European Union and NATO. Until the end of the Cold war, the universal organizations have played primordial role, but after the mentioned period the regional ones took the lead. The reason lies in the shift in balance of power - from bipolar to unipolar. The League of Nations and CESC can be observed from the historic perspective. NATO and UN played a crucial role during the internationalization of Kosovo issue and the act of intervention itself. NATO demonstrated its power and proved in the absence of real balance of power, la force l'emporte sur le droit. On the other hand, UN had passed several resolutions that condemned violence in Kosovo and Metohia (1160, 1199 and 1203 - all passed in 1998). During 1999 Security Council had passed a famous Resolution 1244, by which it was decided a civic and military mission should be established in Kosovo and Metohia - UNMIK and KFOR KFOR dealt with security issues in order to ensure the respect of it to all nationalities in Kosovo and Metohia. UNMIK set a very ambitious task lying ahead trying to establish standards before the future status. Realizing that it would be impossible to reach the standards, UNMIK started with the policy of status determination without standards establishing. The outcome of such policy is Ahtissari's Plan for supervised Independence of Kosovo, and finally the Declaration of Self-proclaimed Independence of Kosovo. We are also witnessing the transfer of horizontal and vertical effective state authorizations to the mentioned international organizations, bearing in mind problems it encounters. NATO deals with security issues, but European Union being unable to deal with such tasks (ESDP policy is to be as attempt), is more concentrated on economic issues.

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.

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.