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Agresija kao međunarodni zločin: Agression as an international crime
In: Međunarodni problemi: Meždunarodnye problemy, Band 69, Heft 1, S. 79-102
ISSN: 0025-8555
World Affairs Online
Nastanak i prestanak postojanja drzave u medjunarodnom pravu: Komentar uz izvjesca Badinterove komisije
In: Politička misao, Band 33, Heft 1, S. 178-187
The author is of the opinion 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 existance of certain rules of general international law and consider them validated and indisputable. This faction has been given support by states since they uphold those legal statements that suit their interests. The author analyses the Opinions of the Arbitration Committee on the process of the disintegration and 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. (SOI : PM: S. 187)
World Affairs Online
Teritorijalna suverenost drzave
In: Politička misao, Band 35, Heft 1, S. 54-74
Different parts of State territory on land, sea and in the airspace are explained first. The concept of territorial sovereignty is envisaged through principles of its all-inclusiveness and its exclusivity, subject to many exceptions and 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 and tribunals. Besides, it can be the cause of some misconceptions and confusion in public international law. Within the explanation of territorial boundaries are discussed the so-called natural boundaries such as boundary rivers and lakes and mountain boundaries, as well as the artificial boundaries. Follow explanation of the principle of "uti possidetis, of procedures of fixing boundaries and of special legal scope of boundary treaties in international law. (SOI : PM: S. 74)
World Affairs Online
Ne-konsensualna disolucija drzava u meunarodnom pravu: Inovacija Badinterove komisije u retrospektivi
In: Politicka misao, Band 52, Heft 1, S. 48
What are the doctrinal implications of international responses to the demise of the Socialist Federal Republic of Yugoslavia (SFRY)? Faced with harshly conflicting internal visions of Yugoslav self-determination, the international order - taking direction from the Badinter Commission - reacted in an essentially ad hoc manner against the most manifestly virulent of the competing ethno-nationalisms. In ascribing international legal status to a particular set of constitutionally-established internal boundaries, the Badinter Commission gave a rationale that masked rather than highlighted its departure from existing doctrine, seeking thereby to minimize any implications for the future of sovereignty and s elf-determination. Any effort to invoke the Badinter Commission judgments as evidence of a broader doctrinal transformation, attributing international legal personality to constitutionally-delineated sub-national units more generally, neglects the peculiar context of those judgments and threatens to lend undue support to externally-promoted secessionist projects. Adapted from the source document.
Право државе на самоодбрану у свјетлу међународне праксе ; Right of state to self-defense in light of international practice
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.
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Presuda za genocid u sporu Hrvatske i Srbije pred međunarodnim sudom pravde: pravna analiza i značaj po međusobne odnose
In: Međunarodni problemi: Meždunarodnye problemy, Band 67, Heft 1, S. 7-44
ISSN: 0025-8555
World Affairs Online
Kršenje pravila međunarodno humanitarnog prava i sistem krivičnih sankcija
In: Međunarodni problemi: Meždunarodnye problemy, Band 65, Heft 3, S. 315-340
ISSN: 0025-8555
World Affairs Online
Što je čije, ili teritorijalna prava na "ovim prostorima"
In: Politička misao, Band 52, Heft 1, S. 111-140
World Affairs Online
International organizations and establishing of peace and security in Kosovo and Metohia
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.
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Perpetual peace projects in late medieval period
Projects on the establishment of world peace in the late Middle Ages were initially marked by religious views on the world. Christian church was the subject of war and peace and it did not make differences among peoples. It had universal aspirations. This dogmatic comprehension will be abandoned by the appearance of national states where the state becomes subject of war and peace. A division among nations appears and the possibility of their mutual recognition. In that way relations among states are being regulated from the point of view of international relations. His basic principle becomes the one of sovereign equality, this could happen after the termination of religious wars which got its peak by Westphalia peace. Starting from Dubois, Podjebrady, Penn, Duke of Silly, via Hobbes, Grotius end Puffendorf, it will be possible to determine how changes in society political systems and way of production influenced the developments of ideas on perpetual peace. The achievements of these thinkers were revolutionary and were still valid. It is worth mentioning the principles of sovereign equality of states, the presence of realism in international relations and the existence of judicial institutions such as the International Court of Justice.
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Koreni ideje humanitarne intervencije u delu De Iure Belli ac Pacis Huga Grocijusa?: The roots of the idea of humanitarian intervention in De Iure Belli ac Pacis by Hugo Grotius
In: Međunarodni problemi: Meždunarodnye problemy, Band 71, Heft 2, S. 244-258
ISSN: 0025-8555
World Affairs Online
Izvršenje presuda Evropskog suda za ljudska prava: aktuelna pitanja = The execution of judgments of the European court of human rights : current issues
In: Međunarodni problemi: Meždunarodnye problemy, Band 70, Heft 2, S. 208-230
ISSN: 0025-8555
World Affairs Online
Krivično delo agresije između konsenzusa i osporavanja
In: Međunarodni problemi: Meždunarodnye problemy, Band 63, Heft 1, S. 24-51
ISSN: 0025-8555
World Affairs Online
Zaštita životne sredine u oružanim sukobima: od peogresa do regresa = Protection of environment in armed conflicts : from progress to regress
In: Međunarodni problemi: Meždunarodnye problemy, Band 69, Heft 1, S. 103-125
ISSN: 0025-8555
World Affairs Online