Suchergebnisse

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.

Ovaj se članak zalaže za oživljavanje međureligijskog dijaloga o etici i zakonu kao instrumentu mira i pomirenja. Dok je prvu fazu IRD obilježila značajnu istaknutost ovih tema, one su u drugoj fazi postale manje važne. Ovo treba ispraviti iz dva razloga. Teoretski je racionalnost dogmatskih ili sistematskih uvida (kakva se nalazi u svim vjerskim tradicijama) uglavnom isključiva, dok je racionalnost etike, također religijski utemeljena etika, u osnovi inkluzivna. Stoga je otvoren za dijalog. Postoje značajne zajedničke točke oko normi, pravila i vrijednosti između vjerskih tradicija, koje trebaju služiti ljudima, društvu i političkoj zajednici. To je od posebne važnosti u današnjim multireligijskim društvima, kao i u svijetu koji je više nego ikad povezan globalizacijom. Članak završava analizom dokumenta o ljudskom bratstvu pape Franje i velikog imama Ahmada al-Tayyeba i njegovog etičkog pristupa dijalogu. ; The present article pleads for the revival of an interreligious dialogue on ethics and law as an instrument of peace and reconciliation. Whereas the first phase of IRD was marked by a considerable prominence of these topics, the have become of less importance in the second phase. This needs correction for two reasons. Theoretically the rationality of dogmatic or systematic insights (as found in all faith traditions) is largely exclusive, whereas the rationality of ethics, also religiously founded ethics, is basically inclusive. It is therefore open to dialogue. There exists considerable common ground on norms, rules and values between religious traditions, which are to serve humans, the society and the political community. This is of particular importance in today's multi-religious societies as well as in a world more than ever interconnected by globalization. The article concludes with an analysis of the document on Human Fraternity of Pope Francis and Grand Imam Ahmad al-Tayyeb and its ethical approach to dialogue.

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

Considering that in the spectrum of juvenile criminal sanctions punishment of deprivation of liberty is the most severe criminal sanction, international documents related to juveniles in conflict with the law proclaim standards that this sanction has to be imposed only as a measure of last resort and for the shortest period. Issues like possible duration of subject sanction and scope of its imposition, represents some of the basic features of the legal and judicial policy of sanctioning of juveniles, and represent the subject of this paper. The author analyzes how these issues are regulated in Bosnia and Herzegovina"s and comparative law, and how aforementioned standards are applied in practice. Applying the comparative analysis it was determined that there are certain indicators that Bosnia and Herzegovina is one of the countries that has in its heritage "humane" sanctioning policy of juvenile offenderes, and that the aforementioned international standards are consistently accepted in domestic law as well as in the jurisprudence. ; Imajući u vidu da u spektru maloljetničkih krivičnih sankcija kazna lišenja slobode predstavlja najstrožiju krivičnu sankciju, međunarodni dokumenti iz oblasti postupanja sa maloljetnicima u sukobu sa zakonom proklamiraju standard da se ona ima izricati samo kao krajnje sredstvo (ultima ratio) i u što kraćem trajanju. Upravo pitanja mogućeg trajanja predmetne sankcije, te obima njenog izricanja predstavljaju neka od osnovnih obilježja zakonske i sudske politike sankcioniranja maloljetnika, te čine predmet istraživanja ovog rada. Autor je analizirao kako su ova pitanja uređena u bosanskohercegovačkom i uporednom pravu, te kako su spomenuti standardi oživotvoreni u praksi. Primjenom komparativnopravne analize utvrđeno je kako postoje određeni pokazatelji da Bosna i Hercegovina spada u red zemalja koje baštine "humanu" politiku sankcioniranja maloljetnih učinitelja krivičnih djela, te da su spomenuti međunarodni standardi dosljedno prihvaćeni kako u pravu, tako i u sudskoj praksi ove zemlje.

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)

What are the doctrinal implications of international responses to the demise of the Socialist Federal Republic of Yugoslavia (SFRY)? Faced with harshly conflicting internal visions of Yugoslav self-determination, the international order - taking direction from the Badinter Commission - reacted in an essentially ad hoc manner against the most manifestly virulent of the competing ethno-nationalisms. In ascribing international legal status to a particular set of constitutionally-established internal boundaries, the Badinter Commission gave a rationale that masked rather than highlighted its departure from existing doctrine, seeking thereby to minimize any implications for the future of sovereignty and s elf-determination. Any effort to invoke the Badinter Commission judgments as evidence of a broader doctrinal transformation, attributing international legal personality to constitutionally-delineated sub-national units more generally, neglects the peculiar context of those judgments and threatens to lend undue support to externally-promoted secessionist projects. Adapted from the source document.