Suchergebnisse

Posljednjih je godina teorijska literatura o međunarodnim odnosima znatno napredovala u proširivanju i preciziranju tipologije revizionističkih država – država koje teže preraspodjeli moći u međunarodnom sistemu i/ili promjeni normativnog poretka. Istovremeno je malo pozornosti posvećeno pojmu status quo države, kojim se označava država koja teži zadržavanju moći i očuvanju postojećeg stanja. Status quo država uglavnom se svodi na status quo predrasudu koja se odnosi na države koje imaju averziju prema riskiranju u vanjskopolitičkim odlukama i ne sudjeluju aktivno u oblikovanju međunarodne politike ili pak na države koje nastoje egzistencijalno preživjeti u anarhičnom sustavu. Literatura pritom previđa ono bitno u opreci kategorija: sukob revizionističke i status quo države. Naime, otvoreno suparništvo s revizionističkom državom i agresivno pružanje otpora promjeni redovito se označava kao još jedan vid revizionizma. U ovom se radu pokazuje da kategorija status quo države nije slučajno u "mrtvom kutu" teorije međunarodnih odnosa. Razlog je tomu što uvjet njezine mogućnosti – konsenzualni međunarodnopravni poredak – u suvremenim okolnostima nije prisutan. Povijesno iskustvo pokazuje da u određenim, veoma rijetkim uvjetima konsenzualnoga međunarodnopravnog poretka države s agresivnim motivima i nerijetko ofenzivnim sredstvima mogu biti status quo države. Pokazat će se da su u moderno doba samo dva razmjerno kratkotrajna međunarodna poretka činila status quo državu mogućom: europski vestfalski sustav ravnoteže snaga u 18. stoljeću i hladnoratovski detant u drugoj polovici 20. stoljeća. ; In recent years, the International Relations theoretical literature has made significant progress in expanding and refining the typology of revisionist states – states that seek to redistribute power in the international system and/or change the normative order. At the same time, little attention is paid to the notion of the status quo state, which denotes a state that strives to retain power and preserve the status quo. The category of status quo states is mainly reduced to either status quo bias referring to the states that have an aversion to risk in foreign policy decisions and do not actively participate in international politics or to the states that seek to survive in the anarchic system. At the same time, the literature overlooks the key aspect of the opposing categories: the conflict between the revisionist state and the status quo state. Namely, open rivalry with the revisionist state and aggressive resistance to change is regularly labeled as another form of revisionism. This paper shows that the category of the status quo state is not accidentally in the IR theoretical "blind spot". The reason for this is that the condition of its possibility – a consensual international legal order – is not present in modern circumstances. Historical experience shows that in certain and very rare conditions of a consensual international legal order, states with aggressive motives and often offensive means can be categorized as status quo states. It will be shown that in the modern age only two relatively short-lived international orders made the status quo possible: the European Westphalian system of balance of powers in the 18th century and the Cold War détente in the second half of the 20th century.

Constitutional-formative status of political parties & political pluralism has a major impact on shaping political will in democracies. Croatia, as a country caught in the process of a (democratic & liberal) transition to democracy, must carefully contemplate how to constitutionally institutionalize, ie, legally secure recognition for political parties as the key actors in shaping peoples' political will, but at the same time by laws to legally & precisely restrain the scope & methods of their activity. In line with this, the author analyzes & evaluates the experience of the Italian First Republic & the French Fifth Republic. The constitutional standardization of political parties in those regimes took place in, for us, comparable social & political circumstances of the so-called extreme & polarized pluralism, which, according to Sartori, inevitably leads to a deeply seated crisis or even a civil war. While the Italian Constitution of 1947 recognizes that centrifugal type of political pluralism, the French Constitution of the Fifth Republic of 1958 envisages the function of its political parties in the same manner to overcome the polarized pluralism of the Fourth Republic. The Italian Constitution defines political parties as instruments above the state, providing guidance ("they determine the national politics"), while the French Constitution reduces their function to the electoral process & stipulates that they have to respect national sovereignty; ie, they have to be a "democratic" influence in the state, ancillary political participants in the democratic political process. The constitutional changes that established the Croatian Third Republic meant that the French institutional arrangement (semipresidential plurality system) was renounced as a way of overcoming polarizing party dynamics. If the French Fifth Republic was a response to the impasse of the Fourth Republic's "regime of parties," why was Croatia's Second Republic (1990-2000) forsworn & the Third republic instituted, modeled after the unequivocally failed regime of the French Fourth Republic? 61 References. Adapted from the source document.

Kaspijsko jezero najveća je vodom ispunjena depresija na svijetu. Prije raspada SSSR-a dijelile su ga samo dvije države, a nakon 1991. na njegovim obalama nalazi se pet država. Ovaj rad pokazuje da postoji uzročno-posljedični odnos između sukobljenih interesa država regije i svjetskih sila te regionalne nestabilnosti. Sukobljeni interesi prouzročili su nemogućnost postizanja dogovora o pravnom statusu jezera, doveli do militarizacije jezera te izazvali sukob oko iskorištavanja i transporta nafte i plina. Rješavanje dijela tih problema u najnovije vrijeme povećalo je stabilnost regije, ali je i izvedeno na takav način da je povećalo međunarodni utjecaj Rusije i spriječilo ulazak izvanjskih sila u regiju. ; Caspian Sea is the largest water filled depression in the world. Before the dissolution of the Soviet Union it was shared by only two countries, but, since 1991, it has been shared by five states. This essay shows that there is a causal relation between regional instability, and the conflicting interests of countries of the region and world powers. These conflicting interests have caused the inability to reach an agreement on the legal status of the body of water, led to its militarization; and caused the conflict over the exploitation and transportation of oil and gas. Solving part of these problems in recent times has increased the stability of the region, but was also carried out in such a way that it increased the international influence of Russia, and prevented the entry of external forces into the region.

Organizacija i razvoj pravosudnih tijela i odgovarajućega pravnog okvira u Hrvatskoj nakon Drugoga svjetskog rata bila je nezaobilazna sastavnica ustrojavanja ukupne nove vlasti na ovim prostorima. Rad analizira okolnosti i uvjete u kojima se uspostavljaju sudski sustav (okružni i kotarski sudovi te "specijalni sudovi") i tužiteljstvo u Hrvatskoj te zadaci koji su stavljani pred poslijeratno sudstvo. Naglasak je stavljen i na pitanje zakonskoga kontinuiteta, koji je osim za osiguranje legaliteta iskorišten i u svrhu izgradnje i stabilizacije nove vlasti. ; The organisation of the new government in the immediate aftermath of the war in Croatia encompassed and largely relied on the formation and development of judicial institutions and the accompanying legal regulations. This paper analyses the circumstances and conditions in which the judicial system was established and the tasks set before the post-war judiciary. It was essential to review how the regulations were standardised and how regular (circuit and district) courts and short-lived 'special' courts, whose consequences were far-reaching, operated. It is important to highlight the significance of public prosecutors in Croatia. Through analysing archival sources and the available literature, an attempt was made to determine the extent that the legal vacuum that appeared after the severance of all ties with the pre-war laws made it easier to implement the new system, which sought to secure not only its own legality, but also the legitimacy of its authority.

There are prima facie reasons why political parties should be recognized as public law persons of the Croatian legal system: Political parties play a leading role in the creation & implementation of the state's will. Continental European legal systems distinguish between public & private law: the Croatian Constitution prescribes that political parties are associations with the features typical of public law persons. What requires analysis is the nature & consequences of the public law personality of political parties. Aristotle's theory of justice is still a useful starting point for distinguishing between public & private law, & between public & private law persons. The theory demonstrates that both the political community & the economic market presuppose standards of conduct that regulate interaction of their members. The standards include two essential types of legal acts, namely, statutes, which are fundamental acts of public law, & contracts, which are fundamental acts of private law. The dichotomy of legal acts implies virtually all the criteria that Roman & Continental lawyers have found important for distinguishing public & private law (source, bindingness, hierarchy, interest, subjects, etc). The division of a legal system into private & public law can be positivized in several ways. However, a liberal, democratic, & social legal system ought to meet the following principles, which guarantee the public law status of political parties: explicit recognition of the public law personality; justiciability; constitutionality; transparency; democracy; solidarity. The principles are followed by the Draft Bill on Political Parties, which was prepared by the Croatian Law Center in May 2002 & was adopted, with some changes, by the Committee on Constitution, Rules of Order, & Political System of the Croatian Parliament in July 2002. 90 References. Adapted from the source document.

Izravan otpor Novosadskomu dogovoru vođen promišljeno, zasnovano, političko-strategijski odmjereno, ali odlučno, otpočeo je Deklaracijom o nazivu i položaju hrvatskog književnog jezika iz 1967. godine. Bez obzira na osude, kazne, zabrane i progonstva glavnih inicijatora i drugih aktivnih sudionika – organizatora i simpatizera, ustanova, potpisnika i pisaca Deklaracije – a potom i boljševički nametnutu šutnju o tome časnom činu, neprekidno je i upravo proporcionalno bujao osjećaj domoljublja, rasle su svijest i odgovornost o zaštiti hrvatskoga jezika u cijelome hrvatskom nacionalnom biću s nezaustavljivom nakanom da mu se popravi i ustavno-pravni status kao i stvarni položaj u društvu jer je u tome jeziku odredište njegova identiteta, uporište osobnih i zajedničkih prava i jamstvo uljuđenosti, samostalnosti i slobode. Uz Deklaraciju kao prekretnicu na putu hrvatskoga jezika stoje i spomenute Brozovićeve Teze o hrvatskome jeziku u kojima argumentirano i uvjerljivo obrazlaže neslaganje s Novosadskim dogovorom naglašavajući samostalnost i vitalnost hrvatskoga jezika koji se razvijao stoljećima "na vlastiti način" i u "skladu s jezičnom praksom i ustaljenom hrvatskom tradicijom" ; Declaration on the name and status of the Croatian Language from 1967 was the initiator of direct opposition to Novi Sad Agreement which was lead deliberately, with political and strategic measure, but at the same time decisively. Regardless of condemnations, punishments, prohibitions and prosecutions of the main initiators and other active participants – organizers and sympathizers, institutions, signatories and writers of the Declaration – and repressively imposed silence about that noble act, the patriotism feeling has been growing constantly and proportionally. Responsibility of the entire Croatian national creature for protection of the Croatian language has also been increased with the intention to improve both its constitutional-legal status and real position in the society because the language is the center of its identity, stronghold of personal and common rights and guarantee of civility, independence and freedom. Besides the Declaration as the turning point on the way of the Croatian language there are also Ten theses on the Croatian standard language in which Brozovic argumentatively and convincingly explains his disagreement with Novi Sad Agreement emphasizing independence and vitality of the Croatian language that has been developed for centuries "in its own way" and "in the accordance to language practice and consistent Croatian tradition".

This paper looks into the concession granted for the new commercial TV station that began broadcasting in May of 2004 on the former 3rd HTV channel. The author was a member of the tender-collecting body. She poses several related questions. In the first part of the paper, she examines the final decision concerning the concession grant in the light of the dubious quality of the so-called media laws in Croatia. In the second part she analyzes the role of the public media in relation to the rampant commercialization of programming. In the third part she looks into the new ownership relations on the media markets & the relentless ownership concentration. By granting this concession, Croatia became the 24th country in which the RTL, a branch of the media giant Bertelsmann AG, is broadcasting. The global trend of the emergence of the media empires has spread even to those markets that have only recently & after much struggle got rid of their former owner: the state. Where does this rise of the new centers of power lead to & what are their goals? 1 Table, 10 References. Adapted from the source document.

This paper looks into the concession granted for the new commercial TV station that began broadcasting in May of 2004 on the former 3rd HTV channel. The author was a member of the tender-collecting body. She poses several related questions. In the first part of the paper, she examines the final decision concerning the concession grant in the light of the dubious quality of the so-called media laws in Croatia. In the second part she analyzes the role of the public media in relation to the rampant commercialization of programming. In the third part she looks into the new ownership relations on the media markets & the relentless ownership concentration. By granting this concession, Croatia became the 24th country in which the RTL, a branch of the media giant Bertelsmann AG, is broadcasting. The global trend of the emergence of the media empires has spread even to those markets that have only recently & after much struggle got rid of their former owner: the state. Where does this rise of the new centers of power lead to & what are their goals? 1 Table, 10 References. Adapted from the source document.

The author's starting point is Locke's classical thesis that the rulers & the ruled are subject to universal laws & that their abuses are prevented by the institutional means of power sharing. The rule according to which nobody can be a judge in their own affairs unconditionally applies in all court or administrative proceedings. The problem arises when this legal thinking is applied to parliaments. Namely, in parliamentary work the incompatibility of the mandates of the legislative & the executive branch is annulled since the executive power gains the upper hand in the composition & substance of the legislature. Besides, The basic law (Grundgesetz) provides MPs with indemnity in their voting behavior & guarantees to them immunity from punishment for certain acts that other citizens would not be able to get away with. This relative freedom & independence of MPs is corrected by the rule books on the behavior of MPs that envision the necessity of their ethical conduct. The violations of the rules are sanctioned not so much by moderatorial law as by political means. The author's opinion is that deciding on their own affairs cannot be universally granted to parliaments. Constitutions allow, even call for, certain decisions on one's own affairs to be made. However, due to insufficient outside control, self-control must be increased, which implies legal obedience on the part of MPs so that laws become meaningful for all participants. Besides the ethical & political pressures that force the MPs to behave in a law-abiding manner, laws also exert positive pressure on them to see to it that their decisions serve the public good. Adapted from the source document.

Privacy protection & data security become important part of business practice. In the same time customers are concernd about personal data missusage. Regarding this, in the world, & finally in Croatia, new laws & codes have been created to regulate & recommend how to communicate with customers & for those who do not respect decency, discretion & safety to set penalties. In direct marketing straight communication with prospective buyers & customers is essential. Target marketing campaigns are based on data base (which f.e. include consumer name, address, information about purchase behaviour etc.). Mailing lists are important for direct marketers because they send advertising materials to the potential buyers. Sometimes consumers are not satisfied with marketing activities because they are frightened of inappropriate data usage, privacy disturbance & bothering. References. Adapted from the source document.

Stjecanjem povlastica slobodnoga i kraljevskoga grada započelo je novo razdoblje osječke povijesti. Promjene su se ponajviše ticale funkcioniranja gradske uprave u novim pravnim i društvenim okolnostima. Dosadašnja rijetka istraživanja onovremene osječke upravne povijesti u pravilu su se zadržavala na ustrojstvu i nadležnostima tamošnje gradske općine. U ovom radu autori su se bavili pitanjem sastava i značajki prve uprave slobodnoga i kraljevskoga grada Osijeka, koja je s radom počela u kolovozu 1809. godine. Na temelju gradiva osječkoga poglavarstva autori daju povijesni i pravni kontekst izboru i imenovanju članova uprave te analizu njihovih sociodemografskih karakteristika zabilježenih primarno u evidencijama građana. ; When the city of Osijek received the charter of privileges and became a free and royal city in 1809, a new stage in its historical and legal development began. Although the citizens' request for the charter from the Emperor Francis I was probably mainly motivated by the presumed prospects of the economic development, as it arrived rather late, i.e. some four decades before the feudalism was abolished in the Habsburg lands, its effects were mostly of legal and administrational nature. This is probably why the few works that cover the topic of Osijek's municipal history in the first half of the 19th century mainly deal with issues such as legal status of the Free and Royal City of Osijek and its citizens, the organisation of the local authority, etc. Although these historical aspects are indeed crucial to understanding the role of the local authority in the broad system of public (state) administration, as well as in the community, there are others that could complement our knowledge in that respect, such as the influence of different political, ideological, demographic and cultural factors. Among them are sociodemographic characteristics of the members of the city government. Besides an overview of the historical events prior to the election and appointment of the first government of the Free and Royal City of Osijek, the legal context and its organisation, as well as the very process of election, the authors analyse the sociodemographic characteristics of its highest-ranking members. The analysis included 57 officials and administration officers, i.e. 7 members of the City Council (Magistrate), 40 members of the Elected Commune (Assembly) with its President, and 9 other heads and deputies of the most important offices and services. Characteristics recorded in the registries of Osijek's citizens that were in focus of the research were the nobility status, religion, profession and place of origin. Combining the results and the official criteria for the election of the local authority officials and officers, the authors suggest that the leading criteria were the education and former work experience in the public administration. This is, of course, related to the social standing of the individuals, because the elites traditionally had better education and better overall access to public positions. Consequently, the majority of nobles and intellectual workers among the citizens were elected or appointed to a position in the local authority. Two most represented groups (equal in numbers) were merchants and craftsmen, but if we look at the overall population of people with citizen status, there were three times more craftsmen than merchants, which means that the latter were, relatively speaking, more represented in the local administration, as their social status was generally better. The only two religious groups that could apply for Osijek's citizenship were members of the Roman Catholic and Eastern Orthodox communities. The latter, as a minority, was a slightly underrepresented, but within the limits of the obligatory one quarter of the representatives in the Elected Commune. The place of origin had little or no influence on the election and appointment of members of the local authority, but it clearly portrays the City of Osijek as a multi-ethnic and multi-cultural community in which the citizens that came from other parts of the Habsburg Monarchy or even outside of it were well integrated.

In this text the author deals with the analysis of the fundamental legal texts regulating local self-government & administration in the Republic of Croatia & to what extent they are 'the fall guys' to be blamed for the state the systems of local self-government & administration are in. He concludes that these laws are a major generator (though not the only one) of the crisis of local self-government & administration in the Republic of Croatia. 16 References. Adapted from the source document.