Common Law and Civil Law Today - Convergence and Divergence
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In: Series in law
In: Međunarodni problemi: International problems, Band 74, Heft 4, S. 611-630
ISSN: 0025-8555
United States foreign policy has been the subject of numerous debates,
articles, books, and policy research. This is a consequence of the
overwhelming presence and dominance of the United States over the past
decades on the international stage. One particularly interesting aspect of
the US foreign policy is its relation with the United Nations. As one of the
founders and most influential members of the United Nations, the United
States? position is under a lot of scrutiny as it represents one of the main
drivers of the UN policy. In this article, the author will investigate how
the first year and a half of the Biden administration influenced US-UN
relations. A special place will be given to the Trump administration?s
approach to the UN-US relation, but a historical context will also be given.
The methodology used for data collection focused on US and UN documents and
resolutions, as well as the most relevant and current international and
national authors, that focused on particular elements relevant to the
research. This kind of analysis requires a historical approach to legal
research, which was utilized for comparative analysis in this article. One
of the conclusions was that regardless of how unconventional and destructive
the Trump administration was towards the UN, it did not disrupt the constant
of the US-UN relations.
In: Međunarodni problemi: International problems, Band 73, Heft 4, S. 689-707
ISSN: 0025-8555
The Non-Aligned Movement (NAM) is in search of a new identity after the
dissolution of the bipolar world and the completion of the decolonization
process. In that sense, the NAM is often perceived as a balance between
great powers, particularly the US and China. Therefore, the author will
investigate this possibility. However, the focus of this article will be on
the analysis of the administrative structure of the NAM and the possibility
of transforming it into a more coherent organization. Furthermore, the
analysis of the most prominent topics in the area of international law and
reform of the United Nations, mainly contained within the final documents of
the NAM summits, will also be conducted.
In: Međunarodni problemi: International problems, Band 71, Heft 2, S. 244-258
ISSN: 0025-8555
Hugo Grotius is rightfully considered as one of the ?fathers? of
international law, although among his contemporaries and predecessors were
many theorists that contributed significantly to the foundations of
international law as we know today. The notion of humanitarian intervention
has its place in his famous book De Iure Belli ac Pacis. The only correct
way to investigate the emergence of the humanitarian intervention as an idea
in this masterpiece of international law is through the analysis set in an
appropriate time context, with particular attention devoted to the life and
work of Hugo Grotius - the approach that will be taken by the author.
Special reference will be given to the progressive ideas of Hugo Grotius in
De Iure Belli ac Pacis in the context of the politics of colonization of the
Dutch in XVII century. Finally, this paper will demonstrate that Hugo
Grotius? book cannot be considered without accepting its utilitaristic
dimension and especially not as a work devoted only to the goals of his
state. As it often happens, the truth is somewhere between two radical views
(and not necessarily in the middle) and consequently, through the glasses of
the interconnection of many factors, his work should be perceived.
In: Međunarodni problemi: International problems, Band 68, Heft 1, S. 95-111
ISSN: 0025-8555
The paper deals with the use of geographic maps as evidence in the practice
of the International Court of Justice with a view to the latest cases in
which the Court in its judgments elaborated maps as evidence: the case
Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v.
Nicaragua) and Construction of a Road in Costa Rica along the San Juan River
(Nicaragua v. Costa Rica). The analysis comprehends the evidentiary value of
geographic maps throughout the International Court of Justice's jurisprudence
and even in the case-law of its predecessors. The author emphasizes that the
substantial element that affects whether a geographic map will be accepted as
direct evidence before the International Court of Justice is the consent of
the parties to the dispute, as well as the fact, that the map stands as an
expression of the will of the state. The author concludes that the map
properties-such as details, quality and consistency-have no impact on the
acceptance of the map as direct evidence, but only on whether the geographic
map is to be accepted as an indirect proof.
In: Filozofija i društvo, Band 24, Heft 3, S. 57-80
ISSN: 2334-8577
The main purpose of this paper is to clarify the category of the aesthetic in
context of Adorno?s critique of the philosophy of S?ren Kierkegaard. Adorno?s
principal thesis is that Kierkegaard?s famous doctrine of existence and his
individualism contain an implicit ontology, despite the fact that he intends
to overcome objective ontology of absolute idealism. However, this reversal
is hidden from Kierkegaard, and can only be deciphered in the posthumous
history of his work. Adorno?s method is critique of ideology synthetised with
Benjamin?s rather esoteric theory of allegory. His intent is twofold: not
only to expose the abstract character of Kierkegaard?s doctrine of
?objectless? inwardness, but to decipher an implicit historical truth of his
philosophy, the social relations of bourgeois society. In the course of his
argument, Adorno shows that Kierkegaard?s philosophy comes closest to its
truth not in the realm of religious experience and faith, as Kierkegaard
himself believed, but in the sphere of melancholy and aesthetic semblance.
The category of the aesthetic plays an important role in Adorno?s later
philosophy of art, as well as his critique of knowledge in general.
In: Foreign Legal Life, Issue 1, 2011, pp. 261-270
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In: Filozofija i društvo, Band 21, Heft 3, S. 119-144
ISSN: 2334-8577
Summary The aim of this paper is to provide an examination of the concept of
aesthetic rationality in the philosophy of art of Theodor W. Adorno, related
to his celebrated critique of the enlightenment in The Dialectic of the
Enlightenment written with Max Horkheimer. Our main purpose is to show how
Adorno?s conception of art responds to a problem posed in the former study,
namely that of a dialectical self-enchantment and alienation of subjective
reason. In the first two sections is shown how self-preservation of
subjective reason leads to its fall into the realm of myth. This turn was
dialectically exposed in Adorno?s interpretation of Odysseus? voyage as
prahistory of subjectivity. The next four chapters expose a necessity and
mode of critical approach and possibility of a transcendence of this mythical
reality of reification in the structure of works of art, especially their
form, with its ultimate goal to free individuals from social injustice and
unconscious enslavement. Adorno?s account of the dialectics of aesthetic
semblance, artistic truth content and immanent law of its form which embodies
the consciousness of non-identity provides an ex?planation how modern art
mimetically manages to transcend conditions of empirical reality and at the
same time offers a plausible model of a ?transitive? rationality, which
serves to discover its better possibilities.
In: Srpska politička misao: Serbian political thought, Band 74, Heft 4/2021, S. 33-58
With all its flaws, a deliberative democracy presents a very important democratic concept – a concept that needs to be improved, but also a concept that needs to be understood. This article aims to present basic concepts of both deliberative democracy and its critiques, providing an updated basic for further discussion, development, and evolution of the concept. Reviewing all relevant concepts, streams, and critics is a demanding and time-consuming task, but hopefully, this article will be able to help researchers as a starting point for the research of this impressive concept – a concept that certainly is not flawless but its importance is beyond doubt.
In: Međunarodni problemi: International problems, Band 67, Heft 1, S. 7-44
ISSN: 0025-8555
The Judgment of the International Court of Justice in the case of mutual
claims for the breach of the Genocide Convention between Croatia and Serbia
represents the final outcome of 16 years of a dispute which burdened their
bilateral relations on everyday basis. Bearing in mind that the International
Court of Justice, as the international judicial authority with highest
legitimacy in contemporary international order, found both claims to be
unfounded, the judgment can represent an impulse for governments of both
countries to settle the problematic legacy of years of conflict and mutual
allegations. However, some passages from the judgment might be used also as
means of diplomatic pressure by both governments, since the International
Court of Justice blamed the Croatian government for the grave crimes short of
genocide commited during the Operation Storm, but also adopted the
interpretation of the ICTY?s joint criminal enterprise jurisprudence which
foreshadows further prosecutions for political personalities allegedly
connected with the conception of Greater Serbia.
In: Međunarodni problemi: International problems, Band 66, Heft 1-2, S. 51-70
ISSN: 0025-8555
On 11th November 2013, the International Court of Justice issued a judgment
regarding the request for Interpretation of the Judgment of 15th June 1962 in
the case concerning the Temple of Preah Vihear, a border dispute between the
Kingdoms of Cambodia and Thailand. In this article, the authors have
elaborated both the original judgment and its recent interpretation. They
begin by providing the historical context that led to the dispute before the
Court. The main part of the article is dedicated to the legal analysis of the
judgment and its interpretation. Special attention is given to the Court?s
manner of reasoning and the implications which this manner has for the
substantial settlement of the dispute and the clarification of several
principles of international law that deal with territorial delimitation
between states on natural borders, but also to the wider jurisprudence of the
Court in similar instances.
In: Review of criminology and criminal law, Band vol.48, Heft 2, S. 191-225
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In: Banque de France Working Paper No. 845, November 2021.
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In: Banque de France Working Paper No. 775
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Working paper