Suchergebnisse

Disertacija sarži uvod, četiri poglavlja i zaključak. U prvom poglavlju pod naslovom "Nastanak i delovanje Organizacije ujedinjenih nacija" izložen je početak pojave ideje Međunarodne organizacije kao i istorijski razvoj ovog koncepta do svetske porodice u današnje vreme, koju čine 193 države. Takođe, dotaknuta je serija izjava kao i međunarodne konferencije koje su dovele do formiranja Organizacije ujedinjenih nacija, formulisanja njenih ciljeva i principa, kao i načina i uslova učlanjenja u tu organizaciju. Detaljnije su proučavane uloge Generalne skupštine i Saveta bezbednosti zbog njihove važnosti. U drugom poglavlju, pod naslovom "Razlozi koji ukazuju na potrebe reforme Organizacije ujedinjenih nacija", objašnjeni su sledeći razlozi neophodnosti reforme ove organizacije: 1. skretanje Ujedinjenih nacija s puta; 2. kontradiktornosti sistema Ujedinjenih nacija; 3. nedostaci Povelje Ujedinjenih nacija; 4. nedostaci u mehanizmu donošenja odluka; 5. svetske promene; 6. mistifikacija u misijama Ujedinjenih nacija; 7. moćna središta; 8. raskorak između misije i raspoloživih sredstava; 9. korupcija. U trećem poglavlju, pod naslovom "Organizacija ujedinjenih nacija između povelje i dominantne sile" objašnjen je odnos Sjedinjenih Američkih Država sa Organizacijom ujedinjenih nacija kroz sledeću grupu tačaka i tema: 1. siže američkih promena od izolacije do internacionalizma; 2. politika SAD u Ujedinjenim nacijama tokom hladnog rata; 3. stav SAD o ulozi UN u oblasti čuvanja mira, ekonomske saradnje i ljudskih prava; 4. stav SAD prema UN u periodu pre raspada Sovjetskog Saveza; 5. SAD i UN posle hladnog rata; 6. američki stav prema UN posle završetka hladnog rata 7. administracija Džordža Buša i Ujedinjene nacije (opšti stav prema međunarodnoj organizaciji, političko viđenje SAD pre i posle događaja 11. septembra 2001. godine); 8. američki interesi i reforma Ujedinjenih nacija (reforme UN i realizacija američkih interesa, američko viđenje reformi); 9. predsednik Barak Obama i njegova metodologija za promene i odnos sa UN. U četvrtom poglavlju, pod naslovom "Reforme Organizacije ujedinjenih nacija" definisan je problem ove studije kroz grupu tačaka i pitanja i istraživane su međunarodne promene koje je svet doživeo kao glavni faktor za izvršenje procesa reforme koje su potrebne Ujedinjenim nacijama. ; The dissertation consists of an introduction, four chapters and the conclusion. The first chapter:"The Emergence and the Function of the United Nations", deals with the emergence of the idea of international system , and how this idea developed historically till it reached nowadays to international family consisting of 193 states of various continents and cultures . These states are joined in an institutional frame founded on optional and contractual pillars, which is the United Nations. In addition, it deals with the chain of declarations and conferences that led to the foundation of this organization. Moreover, it focuses on the purposes, principles and membership of the United Nations, as well as the General Assembly and Security Council due to their important role in the United Nations system. The second chapter: "The Reasons for the Reform of the United Nations", deals with the necessity reasons for reform; due to the United Nations is in urgent need of it. The intended reform is to do whatever necessary to raise its efficiency and performance. Therefore, it is possible to determine the objective reasons of this reform in the following titles, and they are: 1. The deviation of United Nations from its course that it was founded for; 2. The inherent contradictions of United Nations system since its foundation, 3. The deficiencies and imbalances in the United Nations Charter; 4.The imbalance in decision –making structures and mechanisms; 5. International Changes; 6.The vagueness of tasks entrusted to the United Nations; 7. Extreme Centralism; 8. The big gap between the intended tasks to be achieved and the available resources; 9. Corruption. The third chapter: "The United Nations between the Charter and the Dominant Power", focuses on the relation between the USA with the United Nations. This is a necessary item for the research due to the current international conditions and challenges facing humanity such as local and regional conflicts, health, natural catastrophes, etc. which fall under the scope of the United Nations. The dominant role the US plays in the international arena singles out its special impact on the performance of this organization. This role has gone through many changes in recent history depending on the geopolitics of the world namely after the collapse of the Eastern Bloc and the advent of the short-lived unipolarity up to the beginning of emergence of multipolarity. Every stage marked nuances in the US policy towards the United Nations. In fact, the US approach to international affairs developed in big leaps from isolationism to its involvement in WWII and the establishment of the United Nations.

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.

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

This paper will assess the results of transition in the Yugoslav successor states using objective and subjective criteria. Four objective criteria related to economic growth will be used to compare economic performance in Yugoslavia and its successor states; 1. Speed of recovery after war/change in system, 2. Absolute growth rates, 3. Relative growth rates, 4. Place in world development. This will be supplemented by a survey of public opinion conducted by the European Bank for Reconstruction and Development.All the four objective criteria show that the Yugoslav economy performed much better than the economies of its successor states. The survey shows that only 20 percent of population are happy with the results of transition in South Eastern European countries, while 64 percent are unhappy and 16 percent are undecided. In the former Yugoslavia much less than 20 percent of population are happy with the changes brought by the transition.

Corruption is considered to be a universal phenomenon as it is present in all countries, in all systems, and all the countries endeavor to suppress it, with more or less success. Corruption as an universal occurrence in the world is a particularly actual problem in the post-conflict countries which are also in transition (Serbia, B&H…). Processes of transition, privatization and the very process of creation of a state on completely new foundations, have favored expansion of corruption on all the levels and in all the areas of social life. Goal of this work was not to identify the negative or positive financial effects of privatization process or the necessity of social transition, but to point out to the shortcomings or misuses in the processes of privatization, either by the governmental bodies or by individuals, as well as to define the best privatization procedures and what should be done to reduce corruption in the privatization process.

Corruption is a complex social, political and economic phenomenon, affecting the society on the whole. It undermines democratic institutions, decelerates the economic development, and contributes to the destabilization of the society. All spheres of the society may be affected by corruption, and numerous studies have showed that the defense and security sector is among the sectors which are the most susceptible to corruption. Fight against corruption is a true necessity of any democratic society and it is, at the same time, a prerequisite of reform changes, and building of transparent and accountable institutions. That is why the fight against corruption and the integrity building in the defense sector have found their place within NATO and partner countries. For these reasons, NATO partnership program has been developed, aiming to find optimal models of building the integrity and defense institutions, with reducing the corruption to minimum, and of maintaining or increasing the efficiency and the effectiveness of collective security.

The development of both conventional and written legal rules that were governing the roots of the administration, has run in parallel with the development of the country. The development of legal state was going parallel with the development of constitutional state. The legal state can not be imagined without pandering Administration under the law, but precisely because of it stems judicial control of management, which is necessary for the full realization of the principle of legality and the protection of rights and legal interests of citizens. Administrative action presents a means to protect the rights and interests of citizens, but on the other hand it is also an effective tool for ensuring the legality of administrative operations. Pandering administration under the law is linked to the French Revolution from 1789, in this respect, France is a country that is the first to introduce an administrative dispute. The development of an administrative dispute in France can be followed through the occurrence and development of the State Council, which was formed during Napoleon time in 1799. The legal institutionalization of the administration is not done in the same way everywhere, in that sense we distinguish two big legal systems, Anglo-Saxon and European-continental. In Anglo- Saxon law legal institutionalization of the administration included the procuring administration under the legal norms of general law, management control exercised by courts of general jurisdiction. In the European-continental law legal institutionalization of the administration departs from pandering Administration under the legal standards that belong to a specific branch of law administrative law. In the European- continental system there is a difference between private and public law, and an important part of the legal regime are special administrative courts. The development of an administrative dispute actually juridical control of administration in Serbia can be traced back to the second half of the 19th century. Although Serbia has created very early the State Council following the example of France, in a formal sense the administrative dispute in Serbia was fully introduced by the Constitution from 1869. At our place administrative activities are controlled by the courts, which are an integral part of the judiciary and acting under special rules, rules of administrative law. Depending on the positive law of certain countries, the subject of administrative dispute is defined broadly or narrowly. According to French positive law the subject of administrative dispute may be not only single authoritative legal acts of administration, but also the general acts of administration - implementing regulations issued by the administration, as well as administrative objections. According to French positive law the subject of administrative dispute is defined very broadly, unlike the German and Austrian positive law, where an administrative dispute can not be conducted against all acts of general administration. Regarding that in the comparative law we meet a number of different solutions, we believe that in our country we should choose the one that would be the best way to provide protection for the rights of citizens. We lead the administrative dispute in the first place about the legality of final administrative act against other individual legal acts because of the silence of administration, and it may be decided on the request for the return of items and damages. The results of scientific studies will confirm the importance of the need that the subject of the administrative procedure should be complied with the case of an administrative dispute. All acts adopted in the administrative procedure should have directly open the way so the control of legality can be accomplished in administrative proceedings in front of the competent administrative court. What is certainly a major challenge is a control of the legality of administrative contracts. Extended subject of administrative dispute will strengthen the position of the parties in the administrative procedure, in order to guarantee them the quality of court protection in front of the Administrative Court.

Завештање представља пример утицаја законских прописа на комплекс обичајног права. Такав правац утицаја није неуобичајан, али је свакако ређи у односу на утицај обичајног на грађанско право, поготово ако посматрамо њихову интеракцију код наслеђивања. Стога настојим да објасни овај пример правне осмозе, и то на нивоу праксе. Међутим, то није једини циљ овог рада. Наиме, пракса показује да код тестаменталног наслеђивања долази и до утицаја обичајног права на легислатуру. Подстакнута поменутим сазнањима, проблематизујем питање природе односа обичајног и грађанског права, са намером да укажем на неке од проблема који се јављају код наслеђивања, како на нивоу појединца тако и на нивоу друштва. ; Bequeath, a dispose of personal property by the last will is an example of intervention of legislation within the complex of customary law. This influence is not unusual but certainly is less frequent than the influence of customary into civil law, especially so in their interaction within inheritance. This paper therefore tries to explain this example of legal osmosis in practice. In addition, the practice in testament inheritance shows also an influence of customary law into legislation. Hence, the paper will also try to discuss a relationship between customary and civil laws and succeeding problems in inheritance at the levels of individual and that of the society.

Зборник "Етнологија Срба у Мађарској: стање и перспективе" садржи радове са научног скупа који је под истим називом одржан 19. и 20. новембра 2010. године у Будимпешти, у организацији Српског института из Будимпеште и суорганизацији Етнографског института САНУ и Народносне секције Мађарског етнографског друштва. Овај скуп је замишљен као први у низу скупова посвећених различитим научним областима за које се сматра да су од највећег интереса за заједницу Срба у Мађарској (етнологија, лингвистика, историја и друштвене науке – социологија, политикологија, право), које ће организовати Српски институт (основан 2009. године) да би се добио преглед стања, уочили недостаци и одредили приоритети за даље истраживачке пројекте. Циљ скупа био је, дакле, критичко сумирање укупних досадашњих резултата етнолошког и етнографског рада међу Србима у Мађарској. На њему је било 17 учесника из Мађарске и Србије. У оквиру скупа, одржан је и округли сто, чији је циљ био разговор о потребама и могућностима организације даљих истраживања. ; The volume Ethnology of Serbs in Hungary: Situation and Perspectives contains papers from the scientific conference held under the same title on November 19th and 20th, 2010 in Budapest, in organization of the Serbian Institute from Budapest and co-organization of the Institute of Ethnography SASA and the Nationalities Section of the Hungarian Ethnographic Society. The conference was envisaged as the first in a serial of conferences devoted to various academic disciplines considered as highly interesting for the Serbian community in Hungary (ethnology, linguistics, history and social sciences – sociology, political science, law), to be organized by the Serbian Institute (established in 2009) in order to obtain an overview of the situation, to detect the flaws and define the priorities for further research projects. The aim of the conference was, therefore, a critical summary of the overall results of ethnologic and ethnographic work among Serbs in Hungary. There were 17 participants from Hungary and Serbia. On the same occasion a round table was held as well, aimed at discussing the needs and possibilities for organization of further research. ; A magyarországi szerbek etnológiája: helyzetkép és távlatok c. kiadvány az azonos címmel, 2010. november 19-20-án Budapesten, a budapesti Szerb Intézet szervezésében és a Szerb Tudományos és Művészeti Akadémia Néprajzi Intézetének, valamint a Magyar Néprajzi Társaság Nemzetiségi Szakosztályának társszervezésében megtartott tudományos konferencia előadásait tartalmazza. A tanácskozás annak a konferenciasorozatnak az első tagja, amelyet a 2009-ben alapított Szerb Intézet szándékai szerint azoknak a tudományágaknak fognak szentelni, melyek a legnagyobb érdeklődésre tarthatnak számot a magyarországi szerb közösség részéről (etnológia, nyelvészet, történelem és társadalomtudományok – szociológia, politológia, jogtudomány). E konferenciasorozat megszerevzésére annak érdekében kerül sor, hogy áttekintést nyerjenek e tudományágak magyarországi szerbeket érintő kutatásainak mai helyzetéről, feltárják a hiányosságokat és meghatározzák a prioritásokat a további kutatások terén. A konferencia célja így az volt, hogy a magyarországi szerbek körében végzett etnológiai és néprajzi kutatások eddigi eredményeit kritikailag összegezze. A tanácskozáson 17 előadó szerepelt Magyarországról és Szerbiából. A konferencia keretében kerekasztal megbeszélésre is sor került, melynek célja a további kutatásokra vonatkozó igények és lehetőségek megvitatása volt. ; Зборник радова Етнографског института САНУ 29 / Collection of Papers of the Institute of Ethnography SASA 29

This paper show why the standardization of administrative procedure is important for the state legal system that, in the last two decades, the administrative procedure codes were adopted in almost all of the European states. Afterwards author analyzed main driving forces for development of administrative procedural law at the level of the European Union and the Council of Europe. The most important legal sources of European administrative procedural law (basic standards, principles, recommendations and guidelines in this area) are concisely presented but it is clearly indicated that there are certain ambiguities, that these sources don't apply equally to all institutions of the Union, and that they still don't make finished, complete and forever given system that can be automatically transferred to jurisprudence of the member states and candidate countries. Moreover, often administrative process laws of the member states contain rules that are not existing in this kind of regulation at European Union level and that is why the process of adopting the first European Union general law on administrative procedure was initiated, which would further improve the standards of European administrative process in general. When it comes to the general administrative procedure of the Republic of Serbia it has been shown that in spite of the strategic orientation towards the reform of the Law on Administrative Procedure expressed in numerous strategies, our executive authorities in this area have not yet moved beyond the development of the third version of the Draft Law on General administrative Procedure which was afterward adopted by the Government as the Bill. In his final remarks the author concludes stating that the largest number of European standards of administrative process are included in the final version of the Draft, but without eliminating the shortcomings of the existing Law, and without normative adjusting to the circumstances in which the Serbian administration operates, and with unnecessary abandonment of some solutions that have proved to be right in the decades-long practice of administrative authorities.

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.

The media policy of a country is a part of its overall policy and depends on the totality of socio-historical circumstances, the level of cultural and economic development, as well as the possible social consensus on the necessity for acceptance and implementation of experiences and standards from the democratic world in this field. Unlike other areas for which local/state politics is defined, the media field has only recently become interesting from this point of view and, as it is often the case in transition countries, it is still not recognized as a clearly defined position of the ruling circles. This paper analyzes the process of major changes in the media system of Serbia after the democratic changes and government actions, which in the long run cannot be considered a precisely constituted media policy, but whose consequences have an impact on the state of the public sphere and of the media, and thus receive political significance. The most important indicator of the will of political circles is undoubtedly the regulatory level, which is why this paper deals particularly with the preparation, adoption, and practical implementation of media legislation enacted from 2000 onward. Considering the official Serbian aspirations to join the European Union, the issue of state media policy is also seen through the prism of European media policy.

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.

In this paper, the author points to the outdated textbook classification of states into three groups, according to whether they have carried out the codification of administrative procedure or not. The first group includes the states that have administrative procedures fully codified. The second group comprises the states with the so-called mixed systems, which have uncodified procedural regulations related to the administration, while the third group contains a few states that do not have administrative procedural regulations at all. The author analyzes recent changes in this highly dynamic field in order to specify general patterns, common characteristics and peculiarities of regulations of general administrative procedure in contemporary states. The paper especially points to the general acceptance of the concept of administrative act but also underscores the differences in its content in various legal systems. The author has identified and analyzed some smaller standalone trends, such as: the increasing complexity of administrative procedures along the lines of judicial procedures, and the most recent deviations from this trend; the increasing presence of administrative contracting and other forms of alternative dispute resolutions of administrative matters; and the growing insistence on the principle of citizens' participation in administrative proceedings. The goal of the analysis is to determine the degree of influence of the Global and European administrative law on the national regulations, to explore the activities of certain expert organizations bringing together a number of experts in the field of comparative administrative law, and to discuss the course of the latest regulations in this area.