Suchergebnisse

The author's comprehensive research project, of which this article is but an introductory outline, inquires into the kind of history written out by the International Criminal Tribunal for the Former Yugoslavia (ICTY). In order to investigate the interrelation between criminal law & history, the author faced the following question: what would the history of the disintegration of Yugoslavia & of conflicts in its territory look like if all we had were the judgments of the Hague Tribunal? The author bases his reply on an analysis of first-instance judgments of the Trial Chamber, from which he singles out "historical facts," & rejects the reflections of the Chamber on legal & procedural issues. As a model case he uses the first ICTY judgment pronounced against Dusko Tadic (the trial started on May 7, 1996, & the judgment was pronounced a year later). Although he estimates that the first judgment was not written in an optimal way, the author deems that most preliminarily established historical facts were relevant to historiography, & that, in particular, the judgment offers a universally acceptable notion of the history of the Kingdom of Yugoslavia & of socialist Yugoslavia. He is of the opinion that the extensive documentation of ICTY (the "Hague Tribunal") will have a major influence on the work of future generations of historians. Such a unique & replete archive of historical material is increasingly available to the public & to scientists through ICTY's online database. The most recent scientific works dealing with the former Yugoslavia also make use of the Tribunal's judgments & documentation. Scientists will have to pay due attention to the narratives included therein. Adapted from the source document.

The author compares the new law on higher education with the program demanded by the Croatian Social-Liberal Party. This is a two-level comparison: a direct comparison of excerpts from the text & the articles of the law, & an indirect comparison of fundamental principles & general policies. The law plays lip service to the requirements for private universities, autonomy, & ideological neutrality. In implementation of the law, the procedures as well as the law itself have been contravened. This is illustrated by a detailed outline of the unsatisfactory provisions of the law & the U of Zagreb statute regarding students. Adapted from the source document.

The author compares the new law on higher education with the program demanded by the Croatian Social-Liberal Party. This is a two-level comparison: a direct comparison of excerpts from the text & the articles of the law, & an indirect comparison of fundamental principles & general policies. The law plays lip service to the requirements for private universities, autonomy, & ideological neutrality. In implementation of the law, the procedures as well as the law itself have been contravened. This is illustrated by a detailed outline of the unsatisfactory provisions of the law & the U of Zagreb statute regarding students. Adapted from the source document.

Commenting on the article by R. Badinter (1996, this issue), the author contends 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 existence of certain rules of general international law & consider them validated & indisputable. This fiction has been given support by states, since they uphold only those legal statements that suit their interests. The author analyses the Opinions of the Arbitration Committee on the process of the disintegration & 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. Adapted from the source document.

Different parts of state territory on land, sea, & in the airspace are explained first. The concept of territorial sovereignty is envisaged through principles of its all-inclusiveness & its exclusivity, subject to many exceptions & 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 & tribunals. Besides, it can be the cause of some misconceptions & confusion in public international law. Within the explanation of territorial boundaries are discussed the so-called natural boundaries -- such as rivers, lakes, & mountain boundaries -- as well as the artificial boundaries. An explanation of the principle of uti possidetis, of procedures of fixing boundaries, & of special legal scope of boundary treaties in international law is offered in conclusion. Adapted from the source document.

This is a critical examination of the most elaborate statement of the general will theory. Bosanquet contrasts our "lower," merely "actual" will -- described as a series of momentary & passing, ignorant, routine, commonplace, irrational, barren, mutually conflicting violations -- with our "higher," "true," "real" will, which is a comprehensive & coherent system of stable & long-term, well-informed violations that require self-sacrifice & are expressed in "the great moments of life." His central thesis is that the individuals' "real" will is the "general will" of the community that has been internalized & makes up the individual's "higher," "better" self. The theory is meant to solve the problem of political obligation by showing that, when obeying the law, the individual obeys only himself/herself, & his/her freedom is not curtailed but rather affirmed. The author argues that Bosanquet's argument fails at both crucial steps: it does not succeed in contrasting our "actual" & our "real" will, nor in identifying the latter with the "general will" of our community. The individual will is not embedded in his/her community law the way the theory makes it out to be, & if we have a moral obligation to obey the law, it is not grounded as much in the "general will" of community as in our own "higher," "true" will. Adapted from the source document.

In the wake of the 'Kant revival,' which has spawned a plethora of works on his philosophy by its contemporary interpreters & advocates such as Herbert Schnadelbach, Hans Lenk, Konrad Cramer, Wilhelm Vossenkuhl, Volker Gerhardt, Karl-Otto Apel, Otfried Hoffe & others (whose studies were published this year under the title of Kant in der Diskussion der Moderne), the author tries to prove, by means of an analysis of Kant's treatise Uber den Gemeinspruch: Das mag in der Theorie richtig sein, taugt aber nicht fur die Praxis, that not only did Kant in his later works draft & expound the program of a practical philosophy of morality & right, politics, & history, but also that in the last three chapters of this work, this philosophy evolves into a modern liberal theory of morality, state law, & international or "international civil" law built around the central principle of Kant's practical philosophy: "Was aus Vernunftgrunden fur die Theorie gilt, das gilt auch fur die Praxis.". Adapted from the source document.