Zbornik radova Pravnog fakulteta Nis最新文献_第5页

Copyright law and text and data mining 版权法、文本和数据挖掘

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn0-34357

S. Ivanović

{"title":"Copyright law and text and data mining","authors":"S. Ivanović","doi":"10.5937/zrpfn0-34357","DOIUrl":"https://doi.org/10.5937/zrpfn0-34357","url":null,"abstract":"Digital environment poses new challenges to the traditional concept of copyright protection. Digital copies of works, new forms of exploitation of copyrighted goods, the impossibility of adequate enforcement of intellectual property rights on the Internet and, in this regard, the reexamination of the role of intermediaries, are just some of the issues that have occupied the scientific and professional public. New circumstances necessarily impose changes in the copyright protection regime, including the introduction of new rights but also new exceptions and limitations on copyright. The EU Directive (2019/790) on copyright and related rights in the Digital Single Market introduced exceptions on text and data mining. Given the huge amount of data in the digital environment, the analytical technique is commonly used for text research, data collection and processing. This technique is aimed at finding correlations and patterns, and extracting information from large amounts of data by using automated methods. Text and data mining may be performed in a variety of fields and for different purposes: scientific research, research in journalism, medicine, business, or for market research purposes. Such text and data may be protected by copyright, which gives rise to the question of possible copyright infringement. The new Directive introduced two mandatory exceptions on copyright and related rights for the purpose of text and data mining, one of which is explicitly provided for scientific research purposes. These exceptions are important for the freedom of scientific research in the digital environment but also for some issues related to the development of Artificial Intelligence.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117208337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Human trafficking in the framework of the international adoption system: An (un)solvable problem? 国际收养制度框架下的人口贩卖:一个(无法)解决的问题?

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn1-39454

M. Radisic

{"title":"Human trafficking in the framework of the international adoption system: An (un)solvable problem?","authors":"M. Radisic","doi":"10.5937/zrpfn1-39454","DOIUrl":"https://doi.org/10.5937/zrpfn1-39454","url":null,"abstract":"The article explores the relationship between human trafficking and international adoption from the perspective of international (criminal) law. The article aims to indicate the specific position of international adoptions in relation to human traffic-king. To accomplish this goal, the article provides a review of relevant literature on this subject matter, including the views of authors who examined this relationship, with specific reference to current international documents in the field of human trafficking and international adoptions. The inadequate international documents on this matter and the authors' insufficent commitment to exploring this issue more thoroughly have generated different and often contradictory standpoints, and ultimately resulted in diverse and fairly liberal interpretation of certain international law provisions. The literature review allows us to observe the diversity of those views and the lack of common agreement among the authors, particularly on the basic concepts, which is one of the major hindrances in exploring this relationship. In the end, the author of this article suggest that an adequate solution may be the re-examination and reform of international law in the area of human trafficking and international adoptions, which would entail amending and supplementing the existing provisions or regulating illicit intercountry adoptions in a separate international document.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"281 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131553749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal person as a subject of criminal offence in the Republika Srpska 作为斯普斯卡共和国刑事犯罪主体的法人

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfni1983105s

Miodrag N. Simović, Stanko Bejatović

引用次数: 0

Subsidiary and analogous application of Law in general administrative procedure 一般行政程序中法律的从属与类似适用

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn0-33788

M. Prica

{"title":"Subsidiary and analogous application of Law in general administrative procedure","authors":"M. Prica","doi":"10.5937/zrpfn0-33788","DOIUrl":"https://doi.org/10.5937/zrpfn0-33788","url":null,"abstract":"Considering that the expansion of legal regulation and multiplication of legal norms in the legal order of the Republic of Serbia have engendered over two hundred (substantive and procedural) legislative acts referring to the application of the General Administrative Procedure Act (GAPA), there is no general law in the Serbian legal order that could be compared to the GAPA in terms of correlation with other laws. Yet, in our judicature and legal science, there are no clear criteria for regulating the relationship between the GAPA and other (subject-specific) legislative acts referring to the application of the GAPA provisions. The relationship between the GAPA and subject-specific legislative acts may be based on the regime of legal subordination and the regime of legal referral. It further leads to the distinction between subsidiary and analoguous application of the general law, which is the author's original standpoint. Analogous application entails the application of the general law in accordance with the nature of the relationship between the legal procedure rules and the subject matter of legal regulation, whereas subsidiary application entails the application of the general law as a whole in all matters which are not regulated by a subject-specific law. In view of the obligation to harmonize subject-specific legislative acts with the GAPA, the author is of the opinion that such harmonization cannot be put into effect without amending the GAPA. Therefore, the GAPA provisions shall: (1) embody the distinction between subsidiary and analogous application of the GAPA, and (2) strengthen the direct application of the GAPA in administrative matters.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132388842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The constitutional rationalization of the separation of powers: The case of Serbia 三权分立的宪法合理化：塞尔维亚案例

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn0-23999

I. Pejić

引用次数: 3

Blockage of the WTO Appellate Body and Multi-party Interim Appeal arbitration arrangement (MPIA) WTO上诉机构及多方临时上诉仲裁安排受阻

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn1-40524

Uroš Zdravković, Magdalena Krnjaić

{"title":"Blockage of the WTO Appellate Body and Multi-party Interim Appeal arbitration arrangement (MPIA)","authors":"Uroš Zdravković, Magdalena Krnjaić","doi":"10.5937/zrpfn1-40524","DOIUrl":"https://doi.org/10.5937/zrpfn1-40524","url":null,"abstract":"The World Trade Organization (WTO) dispute settlement system is organized in two stages. In the first instance, the existing dispute between the members is resolved by ad hoc panels. In case the parties are dissatisfied with the panel's report, the dispute is finally resolved by the second instance body - the Appellate Body (AB). Since 2017, the United States has repeatedly blocked the appointment of members of the Appellate Body, which has caused a progressive reduction in the number of members. As the mandate of two of the three remaining members ended on 10 December 2019, the highest institution in the WTO dispute resolution system has thus become de facto dysfunctional. The blockade of the Appellate Body has resulted in a crisis in the WTO dispute settlement mechanism, which ultimately implies that the disputes are not being definitively resolved. In order to remove the blockade of the Appellate Body and its consequences, some WTO members have established a complaint redress mechanism in accordance with Article 25 of the Agreement on Dispute Resolution Rules and Procedures (DSU). Article 25 of the DSU envisages the possibility of establishing arbitration for resolving disputes at the multilateral level. This provision serves as a basis for establishing an arbitration mechanism that would act as an alternative to the Appellate Body while it is under blockade. On 30 April 2020, after intensive debates on how to implement this idea, the Multi-party Interim Appeal Arrangement (MPIA) came into force. The MPIA arrangement offers a short-term solution to overcome the problem of blocking the Appellate Body, while members try to find a more permanent solution. This article examines the role that the newly established MPIA would play in the future of the WTO, as well as the procedural innovations it has introduced, which can serve as a trigger for systematic changes in resolving disputes in front of the WTO.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124178436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Competition protection policy in Serbia: Scope and limitations 塞尔维亚的竞争保护政策:范围和限制

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfn0-23114

L. Nikolić

引用次数: 0

The relationship between economic development and democracy: Lessons for transition countries 经济发展与民主之间的关系:转型国家的教训

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfni1983251dj

Žarko Đorić

引用次数: 0

The role and reasons for the dissolution of Parliament in the countries of the region 本区域各国议会解散的作用和原因

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfni1982219p

M. Pilipovic

引用次数: 0

Basic legal analysis of the letter of credit in Serbian law 塞尔维亚法律中信用证的基本法律分析

Zbornik radova Pravnog fakulteta Nis Pub Date : 1900-01-01 DOI: 10.5937/zrpfni1982283v

Vojnić Hajduk

引用次数: 0