Review of Central and East European Law最新文献

Validity of Jurisdiction Clauses in Standard Terms and Conditions of International Commercial Contracts under Turkish Law 土耳其法律下国际商业合同标准条款和条件中管辖权条款的有效性

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2024-05-07 DOI: 10.1163/15730352-bja10096

Biset Sena Güneş, Tuğçe Nimet Yaşar

引用次数: 0

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2024-05-07 DOI: 10.1163/15730352-bja10098

Pavel Koukal, Zuzana Vlachová, Jan Hodermarsky, Marián Jankovič

{"title":"Balancing Initial Copyright Ownership in Czech and Slovak Private International Law","authors":"Pavel Koukal, Zuzana Vlachová, Jan Hodermarsky, Marián Jankovič","doi":"10.1163/15730352-bja10098","DOIUrl":"https://doi.org/10.1163/15730352-bja10098","url":null,"abstract":"This paper examines the challenges associated with applying copyright laws that are limited to specific regions in today’s interconnected world. It also explores how private international law regulations come into play when addressing conflicts arising from cross-border copyright disputes. The primary focus of this article is on key issues like initial ownership and the transfer of copyright as governed by private international law in the Czech and Slovak Republics. Additionally, it discusses the influence of legal doctrines from Switzerland and Germany on the legal systems of these countries, particularly their preference for the lex loci protectionis rule. Furthermore, the authors consider how private international law has evolved in the Czech and Slovak Republics when addressing cross-border copyright disputes. Both countries have adopted the lex loci protectionis connecting factor for copyright matters and address the concept of the initial copyright owner in a way that closely resembles the solution provided in Article 3:201(2) of the clip Principles.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"20 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140925932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Multiplication of Extraordinary Appeal Measures in Polish Criminal Proceedings: A Guarantee of Justice or Erosion of the Principle of Legal Certainty? 波兰刑事诉讼中特别上诉措施的多重性：正义的保障还是对法律确定性原则的侵蚀？

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2024-05-07 DOI: 10.1163/15730352-bja10094

Małgorzata Wąsek-Wiaderek, Marek Smarzewski

{"title":"Multiplication of Extraordinary Appeal Measures in Polish Criminal Proceedings: A Guarantee of Justice or Erosion of the Principle of Legal Certainty?","authors":"Małgorzata Wąsek-Wiaderek, Marek Smarzewski","doi":"10.1163/15730352-bja10094","DOIUrl":"https://doi.org/10.1163/15730352-bja10094","url":null,"abstract":"This article aims to evaluate modifications to the system of measures of extraordinary appeal in Polish criminal proceedings that have occurred over the past few years from the point of view of legal certainty as the core element of the rule of law. The paper provides answers to the following questions: Do the newly introduced measures of challenge: a complaint against the “cassatory” judgment of an appellate court adopted in 2016 and an extraordinary complaint introduced in 2018, along with the “traditional” extraordinary measures of challenge: a cassation appeal and a motion for the reopening of proceedings, form a coherent model of mutually complementary measures? Has the introduction of the new measures of challenge contributed to quicker proceedings, that is, expedited the final decision in criminal cases while maintaining the standard of substantive justice? The analysis of the legal basis and practice of applying the two measures brought the authors to the conclusion that the first one (the complaint against a cassatory judgment of the appellate court) may contribute to obtaining a final judgment in the case within a reasonable time. Moreover, it does not compromise the coherence of the system of appeal measures in Polish criminal proceedings. On the other hand, the second remedy – an extraordinary complaint generates a long-term condition of legal uncertainty and undermines the principle of legal certainty, a key element of which is the institution of the finality of judgment.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"5 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140925877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Is Transparency Enough? Informal Governance Networks and the Selection Process of a Georgian Judge to the European Court of Human Rights 透明度是否足够？非正式治理网络与欧洲人权法院格鲁吉亚法官的遴选过程

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2024-05-07 DOI: 10.1163/15730352-bja10097

Anna Dolidze, Tamar Oniani

{"title":"Is Transparency Enough? Informal Governance Networks and the Selection Process of a Georgian Judge to the European Court of Human Rights","authors":"Anna Dolidze, Tamar Oniani","doi":"10.1163/15730352-bja10097","DOIUrl":"https://doi.org/10.1163/15730352-bja10097","url":null,"abstract":"Transparency has been touted as a cure for facilitating the independence of candidates selected by the States for international tribunals and, therefore, for increasing the legitimacy of these tribunals. Based on a case study of the judicial selection procedure of the ECtHR judge in Georgia, this article suggests that emphasizing the potential of transparency and publicity of the national selection process is misleading because even the drastically enhanced transparency of the process is not a cure for its higher legitimation. By connecting the scholarship on transparency of the selection process for the judges of international tribunals with the literature on informal governance networks, this article cautions against the excessive focus on transparency at the expense of a deeper understanding of the local context in which the selection and nomination processes occur. Drawing on informality studies in the former Soviet Union, the article aspires to initiate a discussion on the policy reform steps pertaining to the operations of informal governance networks in judicial selection processes. This article presents a more realistic and restricted conception of transparency – transparency specialis – which we advocate, will be useful in designing the national judicial selection process. Transparency specialis is an understanding that transparency of the selection process is useful; however, where informal governance is prevalent, transparency solely will not result in a fair and impartial process without the relevant and all-encompassing judiciary reforms.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"21 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140925649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Responsive Judicial Review “Light” in Central and Eastern Europe – A New Sheriff in Town? 中欧和东欧响应式司法审查之 "光"--城里来了新警长？

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-12-21 DOI: 10.1163/15730352-bja10091

David Kosař, Sarah Ouředníčková

{"title":"Responsive Judicial Review “Light” in Central and Eastern Europe – A New Sheriff in Town?","authors":"David Kosař, Sarah Ouředníčková","doi":"10.1163/15730352-bja10091","DOIUrl":"https://doi.org/10.1163/15730352-bja10091","url":null,"abstract":"This article engages with Ros Dixon’s theory of “Responsive Judicial Review” (oup, 2023). It argues that Central and Eastern European jurisdictions with specialized constitutional courts face two major obstacles to engage fully in responsive judicial review – legal formalism and the very fact that constitutional review is centralized into one institution, which discourages pluralistic debates about the constitution and limits the room for dialogue between the constitutional court and other actors. Even the Czech Constitutional Court that meets all three Dixon’s preconditions for courts’ ability to engage in responsive judicial review (judicial independence, political support, and remedial power) and is probably the most Elyan constitutional court in cee faces several obstacles to responsive judging. As a result, its responsiveness has been selective. Nevertheless, although full-fledged responsive judicial review is difficult to achieve in cee countries in the short term, their constitutional courts can, as the Czech Constitutional Court shows, exercise responsive judicial review “light”. We argue that such “light version” of responsive judicial review would still be a great improvement and we provide several proposals how to increase the likelihood that it happens.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"14 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139025395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Challenges in Prosecuting the Crime of Aggression in the Russo-Ukrainian War 起诉俄乌战争中侵略罪的法律挑战

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-12-21 DOI: 10.1163/15730352-bja10087

Evhen Tsybulenko, Henna Rinta-Pollari

{"title":"Legal Challenges in Prosecuting the Crime of Aggression in the Russo-Ukrainian War","authors":"Evhen Tsybulenko, Henna Rinta-Pollari","doi":"10.1163/15730352-bja10087","DOIUrl":"https://doi.org/10.1163/15730352-bja10087","url":null,"abstract":"The Russian invasion of Ukraine has opened a debate over how to ensure accountability for the supreme international crime, namely the crime of aggression. Prosecuting the crime of aggression related to Russia’s attack on Ukraine is hampered by the fact that neither country, Russia nor Ukraine, are Member States of the Rome Statute, which established the International Criminal Court (icc) and transferred the crime to its jurisdiction. As a result, this article will examine how and in what ways the crime of aggression may be prosecuted in the context of the Russo-Ukrainian war, with a particular emphasis on prosecuting the crime through the icc, domestic courts, or by establishing an ad hoc tribunal.Based on an analysis of the legal aspects of prosecuting the crime of aggression, the article suggests that currently, the most appropriate approach to prosecuting the crime in the context of the Russo-Ukrainian war is to establish an international ad hoc tribunal, either through a treaty signed by the United Nations and Ukraine on the basis of a referral from the United Nations General Assembly and the United Nations Secretary-General or a multilateral treaty between Ukraine and other states supported by the United Nations.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"309 4 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139025473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Serbian Constitutional Court – (In)dependent Protector of the Rule of Law and Human Rights? 塞尔维亚宪法法院--（不）依赖的法治和人权保护者？

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-12-21 DOI: 10.1163/15730352-bja10090

Ivana Krstic

引用次数: 0

Accented Universality: Exploring Accountability as a Non-Translatable Concept in Central Asia 强调普遍性：探索中亚作为不可翻译概念的问责制

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-12-21 DOI: 10.1163/15730352-bja10088

Natalia Zakharchenko

{"title":"Accented Universality: Exploring Accountability as a Non-Translatable Concept in Central Asia","authors":"Natalia Zakharchenko","doi":"10.1163/15730352-bja10088","DOIUrl":"https://doi.org/10.1163/15730352-bja10088","url":null,"abstract":"An éminence grise of human rights – the principle of accountability – has been continuously advancing its normative presence in international law and rights discourses in the last couple of decades. Its transformative promises, on the other side, are hindered by the conceptual dubiety rooted, inter alia, in the non-translatability of the concept to many world languages. The current article attempts to examine how universal aspirations about the principle are appropriated in local contexts of the Central Asian region. In the outset, the research scrutinizes theoretical perplexities around the term and argues for the (obscured) role of law in these discussions. Then, drawing on doctrinal and empirical research in Central Asia, it converses the ways accountability is translated, engaged, and valued as the idea. Findings reveal the heterogeneity of approaches to accountability, and the reiterative relations between the word and the concept, informed by the region’s historical past, political regimes, one’s language and education. The article exposes often omitted pitfalls of the existing multilingual setting of international law and its institutions, which undermine the communicative value of local languages in the region.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"36 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139025393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Changing Forms of Maximalism in the Decision-Making of the Czech Constitutional Court 捷克宪法法院决策中极权主义形式的变化

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-12-21 DOI: 10.1163/15730352-bja10083

Pavel Ondřejek

引用次数: 0

Between Dialogue, Conflict, and Competition: The Limits of Responsive Judicial Review in the Case of the Romanian Constitutional Court 对话、冲突与竞争之间：罗马尼亚宪法法院案例中反应性司法审查的局限性

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-12-21 DOI: 10.1163/15730352-bja10092

Silvia Suteu

引用次数: 0