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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).

Political parties are an indispensable factor in any modern parliamentary democracy. It would be impossible to parliamentary democracy to function properly without them. Political parties are a constitutional category and they have to act in accordance with constitution, but due to their importance it is already observed that sometimes they go beyond constitution. Each country should find its own way in order to face that challenge. Germany is a good example for that, by giving political parties the freedom to act on the basis of the provisions of the Basic Law, but with the care that the entire system does not endanger itself. That could be seen in three examples. First example is the relationship between the parliamentary group as the emanation of political parties in parliament and deputies. Second example is banning of anti-constitutional political parties. Third example is the election process of judges of the Constitutional Court. The paper concludes that it is necessary to find an ideal formula for the freedom of their actions, according to which political parties are allowed to perform any action that is beneficial to the constitutional order, while not all of them are forbidden, but only the actions that have a devastating effect on the system as a whole.

학위논문 (석사)-- 서울대학교 대학원 : 환경계획학과, 2012. 2. 전상인. ; 경주지역의 고도보존법 개정과정 사례는 사회구조의 변화에 따른 문제점과 갈등의 원인을 공공부문과 시민들이 함께 인식하고, 다양한 이해관계자들이 참여와 협력을 통한 상호작용으로 합의를 도출한 협력적 계획사례로 평가할 수 있다. 따라서 경주사례를 협력적 계획의 구성요소를 통해 분석해 보는 과정은, 지방 환경에서 협력적 계획이론의 적합성과 현실에서의 적용에 있어 발생하는 문제들을 어떻게 개선하여 보완해야 하는지에 대하여 시사점을 제공한다. 협력적 계획이론에 대한 탐구를 바탕으로, 협력적 계획의 네 가지 구성요소들인 '제도적 맥락', '상호작용의 장', '사회적 학습', '참여 및 합의형성'을 도출하였고, 그중 제도적 맥락을 중심으로 분석을 진행하였다. 경주지역 고도보존법 개정과정에는 공공부문과 시민부문을 중심으로 하는 다양한 이해관계자들이 네트워크를 형성하고 있으며, 공유된 이해에 따라 네트워크는 변화하는 양상을 나타냈다. 개정과정의 이해관계자들은 공청회와 주민설명회를 중심으로 하는 상호작용의 장에서 유통되는 정보를 바탕으로 사회적 학습을 하고 있었으며, 이를 바탕으로 계획과정에 참여하여 개정안의 도출이라는 합의를 형성하였다. 분석의 결과를 종합하면, 경주의 사례는 협력적 계획의 외형은 갖추어져 있다고 평가할 수 있지만, 실제 과정에 있어서는 공공부문의 제한적인 정보공개 범위와 접근성의 문제, 참여자의 대표성과 권력의 비차별성이 부족, 상호작용의 장에서 공동학습이 이루어지기보다 소통의 방향이 일방적이라는 문제점을 가지고 있었다. 제도적 맥락으로 종합하면, 경주지역에 있어 위 문제들은 이해관계자들 간 신뢰저하의 원인으로 작용하였다. 경주지역의 이해관계자들은 정책의 목표달성을 위해 표면적으로 협력하고 있지만 서로를 신뢰하지 않았다. 지방환경에서 발생하는 공공부문과 시민들 간의 신뢰의 문제는 지속적인 합의형성의 학습에서 그 해답을 구할 수 있기에, 정책적 제언을 통해 제도적 보완과 사유재산권 제한에 대한 해법을 모색하고자 하였다. ; Gyeongju-city's preservation law revision process is evaluated as collaborative planning practices. On this case, first the public sector and citizens recognize social problem and conflicts, then various stakeholders are produced agreement with participation and interaction. Therefore, this analysis of cooperative Gyeongju case through the components of the collaborative planning theory provides implications for suitability of collaborative planning theory. It also provides the application of local environment and how to improve and supplement in real life problems. To precede the analysis, first I studied on collaborative planning theory and then derived four components of the collaborative planning theory that 'institutional context', 'field of interaction', 'social learning', 'participation and consensus-building'. Among these components, analysis was performed mainly on the institutional context. Various stakeholders to form a network and a shared understanding of the network showed a changing pattern in this revision process. Stakeholders are conducting social learning, based on the information that delivered by public-hearings and presentations around field of interaction. Based on this information, they involved in the planning process and derived the agreement. In sum, this case evaluated as collaborative planning case superficially. But there are some problems in process that information, participation and mutual understanding. Problem that listed above acts as the cause of deterioration of trust between stakeholders. On the surface, to achieve the goals of the policy is working, but stakeholders are did not trust each other. Through policy proposal, I tried to seek a solution on deterioration of trust problem. Continuous learning on public consensus is encouraging a social capital, such as trust. Study institutional complements on regional commission and find solution in private property limitation problem, are able to derive consensus making. ; Master

The modern state administration and its bodies and special organizations should act in the field of the rule of law. It is a term that originates from the Anglo-Saxon legal world, but it is also a category and a principle of the Constitution of Serbia from 2006. The paper points out the different understandings of the rule of law and briefly looks at the position of the administration or the phase in its historical course until its subsumption under the principle of legality. In Serbia, state administration bodies consist of ministries, administrative bodies within the ministry and special organizations. Administrative or special organizations are formed by the state in order to perform professional and related administrative tasks. In order to permanently and unhinderedly perform the professional work of these organizations, they can act authoritatively. Special organizations have numerous and diverse administrative powers. The paper points out both the similarities and differences of special organizations in relation to administrative bodies. A review of the activities and organizational structure of all special organizations (secretariats, institutes, directorates and one center) established by the Law on Ministries from 2020 was performed. It was also pointed out that all institutes: the Republic Institute of Statistics, the Republic Hydrometeorological Institute, the Republic Geodetic Institute and the Intellectual Property Institute are special organizations that provide services to interested parties. In one part of the final considerations, the author states that for special organizations (as part of the state administration) it could be concluded that they really operate in the field of rule of law as an order with positive properties as characterized by the Constitution, it is necessary to strictly respect the principles organization of state administration prescribed by the Law on State Administration: independence and legality; expertise, impartiality and political neutrality, effectiveness in exercising the rights of the parties, proportionality and respect for the parties; publicity of work. ; Published

Using the contemporary system theories, the author primarily points to the asymmetry of the constitutional law and the political processes it so rarely regulates. Then he goes on to analyse the historical process of separating the custom law, oral law and written law, of the court and the courtroom, the law and the constitution, the constitution and its interpretation, the constitution's interpretation and the constitutional theory, and concludes his study with a description of the difference between constitution and democracy in the postmodern categorial optics. (SOI : PM: S. 45)