Juridical Tribune-Tribuna Juridica最新文献

{"title":"The advisory role of international courts in the evolution\u0000of human rights law","authors":"F. Moreira","doi":"10.24818/tbj/2022/12/4.01","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/4.01","url":null,"abstract":"Human rights have the pedigree of a distinguished struggle against oppression:\u0000everyone shall be treated with respect for their inherent dignity and human worth.3 The\u0000horrors of the Second World War provided the legal basis for the modern human rights law.\u0000The establishment of the United Nations (UN) signalled the beginning of an international\u0000concern for the protection of human rights. Human rights transnational institutions have\u0000developed human rights principles, some recognized as jus cogens norms. Nonetheless the\u0000application of human rights law in courts is almost always contested. The functions of\u0000international courts such as the International Court of Justice (ICJ) are dependant on the\u0000States volition and the settlement of disputes between them. Whenever asked by the UN\u0000organs and specialized agencies, international courts also give advisory opinions on\u0000contentious legal questions. The impact of international jurisprudence on contemporary\u0000international law is significant, assessing key areas of international law, such as law of the\u0000sea, international environment law and international human rights law. Note that, in this\u0000paper we focus on the particular impact of the advisory opinions on the human rights law.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41440210","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}

{"title":"To reach sustainable justice with Millennials: example of Ukraine","authors":"O. Khotynska-Nor, I. Izarova","doi":"10.24818/tbj/2022/12/4.02","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/4.02","url":null,"abstract":"Sustainable development became an essential part of our world since we realized\u0000the fragility and limits of our system, dangerous of resource exhaustion, and insistently\u0000looking for the way to stabilyze our life and life of our descendents, to restrict risks of\u0000collapses. Last years’ catastrophes – the pandemic of COVID-19 and the war in Ukraine,\u0000both are still existed, show us undoubtedly that we have to be more careful using our\u0000resources and develop our relations in economics and politics. In this article authors made\u0000an attempt to reconsider the approaches to understanding judiciary in Ukraine, using the\u0000new coordinates – generation born since 1980 till 1996 so called Millennials (generation Y),\u0000dictating new requests to life, and, in our opinion, to justice and judiciary development.\u0000Analysis of the impact of Millennials (generation Y) on the development of the judicial system\u0000is a complex process for a number of reasons. First, the lack of formal information about the\u0000age of the parties makes it impossible to substantiate the conclusions with empirical data.\u0000Secondly, despite some generalized traits, the characteristics of Millennials differ depending\u0000on the region and country of origin, which determines their economic, social, political, and\u0000cultural differences A striking example of this are the ex-Soviet Union’s states. In majority\u0000of these countries, Millennials have become the first generation sufficiently aware of their\u0000rights, the legal ways to protect them and the role of the court as an effective tool for such\u0000protection. Their formation was accompanied by the changes in ideology, political regime\u0000and economic instability. In this article authors argue how Millennials change the judiciary\u0000in the ex-Soviet society, taking into account the specifics of the latter. The study suggests two\u0000interrelated aspects: the impact of Millennials on the development of the court as consumers\u0000of judicial services; the impact of Millennials, who come to work in the judicial system, as\u0000judges. The article substantiates the necessity of modernization of the courts, which is\u0000associated with the high technology of this generation and its vital need for information, as\u0000well as their consumerization aimed to create more sustainability justice and to answer the\u0000request of Millennials by changes of goals, by limits of expenses and by introducing the\u0000culture of peaceful and strong institutions in judiciary.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45683758","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}

{"title":"The EU-China road to the Comprehensive Agreement on Investment","authors":"Cristina Elena Popa Tache","doi":"10.24818/tbj/2022/12/4.03","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/4.03","url":null,"abstract":"For about ten years, both the European Union and China have decided to embark\u0000on a \"not easy\" road to reach an investment agreement. So, two different cultures, two\u0000international powers, set out to regulate the main aspects of the investment mechanism\u0000between them. The road to this agreement is perhaps the most difficult in the recent history\u0000of the field, largely because of the narrow loopholes through which the negotiating parties\u0000must pass. The only good path for the parties on this road is the public international law\u0000governing the treaties, while foreign policies should retain their position as auxiliaries with\u0000a limited role. This article aims to analyse the legal aspects of the procedure required by\u0000such a treaty, taking into account its particularities. The method used for the elaboration of\u0000this study is specific to differentiated comparison and introspection.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45662223","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}

{"title":"The multi-level governance of the European Union: the role of the local government","authors":"Ambra Kokaj, Blerton Sinani","doi":"10.24818/tbj/2023/13/1.03","DOIUrl":"https://doi.org/10.24818/tbj/2023/13/1.03","url":null,"abstract":"Local development is an integral part of the progress of a country. It directly affects the improvement of their citizens’ life. The role of the local government is to provide better services and more effective governing by bringing the government closer to its citizens and providing a better understanding of their needs. Good governance is about efficiency, democracy, and accountability, that is principles of the foundation of an independent and competent local government. The following paper takes a closer look at the multilevel government of the European Union, focusing on the importance and role of the local government. This paper points out all the aspects of cooperation between the smallest units of government of each member state and the European Union, to show the ways in which it affects and improves governance at these two levels. This paper explains the mutual role of these two levels of government (multi-level governance) and analyzes the principle of subsidiarity, the political and institutional aspects of how this cooperation was created, and what effects it brings.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47291042","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}

{"title":"FinTech and Regulatory Sandbox – new challenges for\u0000the financial market.\u0000The case of the Slovak Republic","authors":"Simona HESEKOVA BOJMIROVA","doi":"10.24818/tbj/2022/12/3.06","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/3.06","url":null,"abstract":"The article deals with the issue of emerging regulatory sandboxes and FinTech in\u0000the financial markets. The choice of topic is given by i) the topicality of the selected issues\u0000and dynamic changes in the financial markets, ii) the fact that there is no flat-rate framework\u0000for operating the regulatory sandbox and innovation hub and the EU's efforts to establish a\u0000framework for the operation of the innovation hub and the regulatory sandbox build on a\u0000comparative analysis of the steps already taken in Member States' legislation. Based on the\u0000analysis of previous scientific studies focused on the issue of regulatory sandboxes, the article\u0000identifies summarizing criteria on the basis of which it approaches the analysis of the\u0000operating of the regulatory sandbox in the conditions of the Slovak Republic. The article thus\u0000reflects on the need for analysis of national approaches to the establishment of the regulatory\u0000sandbox and complements the range of scientific studies with the lack of analysis of the\u0000regulatory sandbox in the conditions of the Slovak Republic. With this approach, the article\u0000supports the possibility of using the method of horizontal comparison of national regulations\u0000of individual states in setting a transnational approach to FinTech regulations, as well as\u0000contributes to further scientific research at the international level.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43352040","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}

{"title":"Comparative planetology as a foundation for associating space law with\u0000solar geoengineering governance: stratospheric aerosol injection\u0000and variations of sulfur dioxide\u0000in Venus’s atmosphere","authors":"B. Nuhija, Stefani Stojchevska, A. Jashari, Arta Selmani-Bakiu","doi":"10.24818/tbj/2022/12/3.07","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/3.07","url":null,"abstract":"Mankind often seeks solutions to climate change and environmental crises, but\u0000rarely considers the feasibility of outer space to overcome such critical issues. Among many\u0000solar geoengineering approaches is stratospheric aerosol injection (SAI) whose concept\u0000suggests artificial control of the global temperature by spreading tones of sulfur dioxide into\u0000Earth’s stratosphere. Given that the classic ‘technology control dilemma’ represents the\u0000central problem of solar geoengineering governance, however, this paper adopts a VenusEarth comparative planetology method by addressing volcanology and atmospheric\u0000circulation aspects. An international regulatory framework engaging space law in solar\u0000geoengineering governance is consequently presented, which classifies two separate\u0000legislations: (1) research-based legislation (comparative planetology and Earth science) and\u0000(2) non-research-based legislation (national and international governance, ethical issues,\u0000economic factors, military utilization). Further highlighting climate change issues, SAI\u0000manifests the Anthropocene and regards Earth’s stratosphere as an “inner environment”,\u0000while comparative planetology manifests the Anthropocosmos and regards space as an\u0000“outer environment”. This polymorphous consideration of atmospheric and space elements\u0000identifies a new approach of climate change techniques. Human relations that concern both\u0000environments should examine how social scientists would regard these separate boundaries\u0000or perceive them as a mergence between the two major epochs.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43877679","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}

{"title":"The definitive device of the term\u0000“international commercial arbitration”","authors":"S. Kravtsov","doi":"10.24818/tbj/2022/12/3.03","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/3.03","url":null,"abstract":"Objectives are to reveal the essence of the institution of international commercial\u0000arbitration. Methods comprise the comparative analysis of scientific approaches of various\u0000legal systems of the world, judicial practice of both national courts and the European Court\u0000of Human Rights. Results and implications. As a result of this study the term “international\u0000commercial arbitration” was indicate from both side - of a general theoretical nature and in\u0000the law enforcement activities of national courts; the efforts of bringing the arbitration laws\u0000to the “unified rules of arbitration” was confirmed as a best way of their reform.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47397792","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}

{"title":"An arbitration dilemma: party-appointed experts\u0000vs. tribunal-appointed experts.\u0000A comparative study","authors":"Ioana Schiau","doi":"10.24818/tbj/2022/12/3.02","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/3.02","url":null,"abstract":"Arbitration, as an alternate method of solving disputes, is greatly reliant on its\u0000capacity to offer an efficient procedure, in terms of costs involved and time consumed to\u0000reach a decision on parties’ disputes. Taking of evidence in a cost and time effective manner\u0000is, therefore, a vital issue, one that the parties and the arbitral tribunal consider with the\u0000utmost care; it is the screen that reflects the image that the parties are trying to credit as\u0000being the truth. Expert witnesses are often called upon to present a professional view on\u0000technical or economic aspects that cannot be decided by the arbitral tribunal without proper\u0000expert information. The object of this study is to offer a comparative analysis of the choices\u0000that the parties and the arbitral tribunal have to make in taking expert evidence as well as\u0000the implications of these choices.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43848178","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}

{"title":"Goose-stepping? The concept of the Hungarian public administration\u0000contract from a private law point of view","authors":"T. Papp","doi":"10.24818/tbj/2022/12/3.04","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/3.04","url":null,"abstract":"The author addresses questions raised in the professional literature of public law\u0000(e.g.: the applicability of the Hungarian Civil Code to public law contracts), alongside the\u0000contradictions (e.g.: there isn’t a unified set of denotations and categories) and problems\u0000included therein, and the one-sidedness thereof (the disregarding of the respective works of\u0000private law). We analyze the selected material by concisely explaining the relation between\u0000public law and private law in Hungary. The author pays special attention to the Hungarian\u0000public law definitions as well as the contract-types with their characteristics, and finally,\u0000conclusions are drawn, and compatible perspectives are proposed.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48145845","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}

{"title":"Prevention and settlement of conflicts of interest in health care\u0000of Ukraine as an administrative legal institute","authors":"O. Shevchuk, Anastasiia Yarova","doi":"10.24818/tbj/2022/12/3.05","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/3.05","url":null,"abstract":"The purpose of the study is to analyze certain legal problems in the development of\u0000the administrative-legal institution for preventing and resolving conflicts of interest in the\u0000healthcare sector. This article is based on an interdisciplinary approach using methods of\u0000analysis and synthesis, as well as comparative legal, dialectical and systemic methods. The\u0000concept of \"prevention and settlement of conflicts of interest in the field of health care\" is\u0000proposed, and the design of \"administrative-legal institution for the prevention and\u0000settlement of conflicts of interest in the field of health care\" is defined and its types are\u0000established. The analysis of the concept of \"conflict of interest\" in the scientific literature,\u0000national and international legal documents, in the legislation of foreign countries was\u0000carried out, the definition of \"conflict of interest in the field of healthcare\" was proposed. It\u0000has been established that in the legislation of certain foreign countries, the legal provision\u0000of a conflict of interest in the field of health care is carried out at the level of a special law\u0000\"On Conflict of Interest\", or provided for in laws on the prevention of corruption, or (in\u0000some states) also in a regulatory legal act in the field of health care. The elements of a\u0000conflict of interest in the field of healthcare (real or potential) are disclosed, their content\u0000is clarified. The elements of a conflict of interest in the field of healthcare (real or\u0000potential) are disclosed, their content is clarified. Two ways of resolving a conflict of\u0000interest in the healthcare sector have been identified: external and independent. It is\u0000established that the prevention and resolution of conflicts of interest in the healthcare\u0000sector consists of the following components: (1) prevention, (2) informing, (3) refraining\u0000from actions or decisions, and (4) settlement.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49612568","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}