Suchergebnisse

In this paper, we focus on terrorism through the criminal legislation of Bosnia and Herzegovina. In the existing scientific fund, professional literature, various organizations, institutions, political entities, there is not a sufficient degree of agreement to be able to form a court that there is, in general, a generally accepted definition of terrorism. On the other hand, given the various activities and actions, results, effects and consequences of terrorist organizations and terrorists, we must state that there is a very high degree of agreement, that terrorism is one of the biggest security and security threats today. The growing increase in terrorist actions and threats has led to the implementation of new legislative norms in order to better counter terrorism. Organized crime at the international level and terrorist activities increasingly require the connection of states, international organizations through Conventions, Resolutions or Laws. Terrorism acts ambivalently and as a threat to the stability of society, states and their development on a global level. The expansion of terrorism over time has surprised many organizations, institutions, whose goal is to preserve security, where the need for reforms has arisen. Through the laws in Bosnia and Herzegovina, we will see how the legislator has solved the issue of terrorism and what are the consequences for those who do not adhere to them.

The ultimate goal of game theory is to provide a theoretical model for strategic situations' analysis, i.e. for situations where one actor's choice depends on the behavior of other players in the game. As a concept, game theory is also applicable to the legal context. Legal dialectics and processes are often conducted in some form of strategic interactions. Game theory is a way to see how legal rules affect particular actors' behavior. International Economic Law has its own dynamics which makes the process similar to the analysis through the game theoretical tools. Therefore, the rules of international law are considered as the rules of the game that are taking place among different actors. Game theoretical considerations clarify the substance of the interaction and cooperation of players involved (states, international organizations and other actors). Game theory provides a basis for normative analysis of the issue of implementation of the rules of international law and improves understanding of those rules. The topic of the paper is the application of the game theory in the context of the legal framework established by the World Trade Organization. The member states' dilemma between using the advantages and liberalization options provided by the WTO on the one hand, and joining the regional trade agreements, on the other one, is strategic by nature. Therefore, game theory can contribute to understanding and resolving, using the game of 'prisoner's dilemma' as a model. It is the game which clearly shows that a group of rational egoists can end up worse than a group of actors that acts prima facie contrary to their own interests. 'Prisoner's dilemma' demonstrates why society and law has the need for coordination as well as mechanisms for co-operation. WTO member states put emphasis on the process of liberalization conducted in the framework of regional trade agreements (RTAs); at the same time, their participation in WTO negotiations is not effective and efficient enough to make a breakthrough in the multilateral framework. A solution of the game for Member States is not to cooperate: i. e, liberalization is primarily achieved through regional agreements rather than within the WTO. The rational decision of the Member States (opting for a regional approach) has resulted in a suboptimal result, which is a basic characteristic of the game model based on a prisoner's dilemma: in this case, the optimal solution would be cooperation through a multilateral framework (World Trade Organization).

Glavni je problem priopćenja vanjska politika Republike Hrvatske (RH) u vezi s Ustavom BiH jer nedovoljno pridonosi rješavanju društvenih, političkih, ekonomskih, kulturnih itd. slabosti Bosne i Hercegovine (BiH) koje mogu i trebaju biti rješavane unutar prava. Ta je politika nedovoljno uspješna jer nije državna, nego strančarska. Matica politike je narodnjačka, tj. etnička. Alternativa zanemaruje činjenicu da je RH, kao stranka Daytonskoga mirovnog sporazuma, čiji je dio Ustav BiH, internacionalnim pravom ovlaštena zahtijevati od drugih stranaka, uključujući BiH, da poštuju i primijene Sporazum. Sporedni je problem priopćenja nedostatna znanstvena spoznaja glavnog problema. Posljedica je pomanjkanja interesa pravnih znanstvenika u RH i previda pravnih slabosti politike. Temeljna je svrha priopćenja priprema istraživačkog projekta unutar integralne pravne znanosti dopunjene izvornom pravnom dogmatikom i prilagođenom pravnopolitičkom analizom. Hipoteze, koje su dijelom ispitane, pripisuju politiku uvjetima te predviđaju razvoj problema ako se politika ne promijeni i ako se prromijeni u skladu s prijedlogom izloženim u priopćenju. ; The paper deals with the main problem of the Republic of Croatia's foreign policy on the Constitution of Bosnia and Herzegovina, which fails to alleviate the social (political, economic, cultural, etc.) inadequacies of Bosnia and Herzegovina that can and ought to be solved within the limits of the law. It is of meagre success because it is a policy of political parties rather than of a nation-state. The mainstream policy is ethnicist. Its alternative ignores the fact that the Republic of Croatia, as a party to the Dayton Peace Agreement, whose part is the Constitution of Bosnia and Herzegovina, is by international law entitled to demand other parties, including Bosnia and Herzegovina, to observe and change the Agreement. The subordinate problem is a paucity of knowledge provided by legal scholars in the Republic of Croatia about the main problem. The knowledge deficit is a consequence of the lack of interest in the policy and oversight of its legal ramifications. The principal goal of the paper is the preparation of a research-project within integral legal scholarship supplemented by original legal dogmatics and adjusted policy analysis. The principal hypotheses are that the past policy can be ascribed to Croatian institutions (legalistic order, ethnic state, parochial studies) and their environment (dependence on foreign powers, pre-political and pre-legal conditions of the Croatian population); and that the same policy, even in a stable environment, should be expected to facilitate threats to the very existence of Bosnia and Hercegovina and Bosnian Croats, thus greatly endangering the Republic of Croatia. On the assumption that the environment, as well as the institutions and doctrines improve, the paper proposes a state policy as an alternative to past partisanship, with a view of re-instituting Bosnia and Hercegovina as a functional nation-state, establishing local and cultural autonomy, and retaining the constitution-making power of each major ethnic community in Bosnia and Hercegovina. The expected consequences are the strengthening of Bosnia and Hercegovina, Bosnian Croats, and the Republic of Croatia, in line with the values and principles of the inquiry.