Review of Central and East European Law最新文献_第10页

The Question of Applicability: EU Law or International Law in Nord Stream 2 北溪项目的适用问题:欧盟法还是国际法

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2019-06-11 DOI: 10.1163/15730352-04402001

Paul Gragl

引用次数: 3

The Legal Force of Conclusions by the Lithuanian Constitutional Court and the issue of their (Non-)finality: Has the Time Come to Amend the Constitution? 立陶宛宪法法院判决的法律效力及其(非)终局性问题:是否到了修改宪法的时候了?

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2019-06-11 DOI: 10.1163/15730352-04402005

Dovilė Pūraitė-Andrikienė

引用次数: 3

Twentieth Century Totalitarian Regimes, Lustration, and Guilt for Crimes of the Past: Challenges and Dangers for the Strasbourg Court 20世纪的极权主义政权、幻影和对过去罪行的罪责:斯特拉斯堡法院面临的挑战和危险

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2019-03-28 DOI: 10.1163/15730352-04401004

B. Bowring

{"title":"Twentieth Century Totalitarian Regimes, Lustration, and Guilt for Crimes of the Past: Challenges and Dangers for the Strasbourg Court","authors":"B. Bowring","doi":"10.1163/15730352-04401004","DOIUrl":"https://doi.org/10.1163/15730352-04401004","url":null,"abstract":"This article addresses a key contemporary problem confronting the Strasbourg Court. While it is well established that seeking the historical truth is an integral part of the right to freedom of expression, it cannot be the role of the Strasbourg Court to arbitrate underlying historical issues (Dzhugashvili v. Russia, 2014). Still less can it be for the Court to decide on individual or collective guilt for crimes of the past, rather than on violations of Convention rights. For example, the Court has found many violations of human rights in the more recent armed conflicts in Northern Ireland, South-East Turkey, Chechnya, or the Basque Country, but has never sought to pronounce on the legal or moral issues underlying these conflicts, or on their deep historical roots. However, the existence of the ussr for more than 70 years, and 12 years of Nazism in Germany, leading to wwii, dominated the 20th century in Europe. These have both been described as totalitarian regimes. The fall of the Berlin Wall in 1989 followed by the collapse of the ussr in 1991 led to dramatic changes not only in statehood and political systems, but also a strong desire for states emerging from the ussr or Soviet domination to purge the past, and to identify and punish wrongdoers. Various forms of lustration have been a product of this desire, with the exception of the Russian Federation, where the characterization and proper evaluation of its Soviet past are questions still unresolved. Increasingly the Strasbourg Court has been called on to decide highly controversial cases, for example Ždanoka v. Latvia (2006), Vajnai v. Hungary (2008), Kononov v. Latvia (2010), Korobov v. Estonia (2013), Soro v. Estonia (2015). The author was counsel for the applicants in some of these cases. I ask: what are the dangers and challenges for the Strasbourg Court in adjudicating such cases, and how can it avoid the appearance of taking sides in bitter and intractable arguments?","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"11 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85604553","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

The Duty of Loyalty Imposed on a Company Director: A Comparison between Czech and English Law 公司董事的忠诚义务:捷克与英国法律之比较

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2019-03-28 DOI: 10.1163/15730352-04401001

Lucie Novotná Krtoušová

引用次数: 0

Punitive House Burning in Chechnya: Is Collective Punishment Outside Armed Conflict Prohibited? 车臣的惩罚性房屋焚烧:武装冲突之外的集体惩罚是否被禁止?

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2019-03-28 DOI: 10.1163/15730352-04401002

Cornelia Klocker

引用次数: 0

Has ‘Strict Liability’ Given Way to a General ‘Duty to Compensate Harm’ in Czech Law? 在捷克法律中，“严格责任”已经让位于一般的“损害赔偿义务”了吗?

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2019-03-28 DOI: 10.1163/15730352-04401003

K. Beran, David Elischer

{"title":"Has ‘Strict Liability’ Given Way to a General ‘Duty to Compensate Harm’ in Czech Law?","authors":"K. Beran, David Elischer","doi":"10.1163/15730352-04401003","DOIUrl":"https://doi.org/10.1163/15730352-04401003","url":null,"abstract":"According to the new Civil Code, adopted in the Czech Republic in 2012 (“2012 Civil Code”), ‘strict liability’ (or ‘no-fault liability’) is no longer considered ‘liability’ in the traditional sense of the term. The declared concept of the Civil Code is based on the premise that the notion of ‘liability’ should be limited only to cases where a person can be held liable based on their culpability (fault). All other cases, denoted by the doctrine as the opposite to ‘fault-based liability’ (or more accurately, liability based on culpable conduct), that is, ‘no-fault’ or ‘strict’ liability, are – in actual fact – no longer conceived or designated by the Civil Code as ‘liability’ (in Czech: odpovědnost). They are rather constructed as a legal duty to compensate harm. This begs the question whether unlawfulness can be considered a prerequisite for the duty to compensate harm. The authors argue that the answer to this question depends on what the unlawfulness relates to – whether an unlawful act or an unlawful state of affairs. Their argument builds on the premise that unlawful acts are linked to an individual’s conduct, where both the reason and the will of the individual are present and, as a result, such unlawful acts are based on the individual’s culpability (fault). On the other hand, what is typical of an unlawful state of affairs is that the law has been violated, not because someone acted contrary to it, but rather because the rights of the aggrieved party were infringed. The authors conclude that an unlawful state of affairs is a general legal fact which covers all cases of ‘strict’ (or ‘no-fault’) liability and even a breach of contractual obligations. The authors develop their premise not only within Czech law, but also through comparison with other jurisdictions (France, Germany, and Austria), and analyze the potential of and limits to such approach.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"34 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81495488","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 Realism in Soviet and Russian Jurisprudence 苏联和俄罗斯法理学中的法律现实主义

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2018-11-17 DOI: 10.1163/15730352-04304005

M. Antonov

{"title":"Legal Realism in Soviet and Russian Jurisprudence","authors":"M. Antonov","doi":"10.1163/15730352-04304005","DOIUrl":"https://doi.org/10.1163/15730352-04304005","url":null,"abstract":"Soviet law is often viewed as based on legal positivism, while its ideological background and the practices of political interference are considered in an extralegal (political) dimension. This logic prompts conclusions about the dual character of Soviet law where prerogative and normative dimensions constituted two parallel systems. Similar opinions are sometimes expressed about Russian law, which is a continuator of Soviet law both normatively and factually. The present paper analyzes this approach and suggests that the alleged dualism can be considered in the light of the basic presuppositions and methods of the Soviet (Russian) theory of law and state. This jurisprudence was and still is based on a combination of formalism and anti-formalism (realism) which provided a certain degree of unity and coherence of legal knowledge. After the end of Soviet rule, legal theory in Russia still orients itself to this symbiosis of positivism and realism which underlies legal education and legal scholarship. The paper addresses the philosophical and methodological origins of this Russian (Soviet) legal realism, and argues that the particular character of Russian (Soviet) law can be explained against the backdrop of this theoretical combination that combines conservative social philosophy, a Schmittean conception of exception, methods of legal positivism and the spirit of legal nihilism. These particularities and their methodological background are, in the author’s opinion, among the distinguishing features of Russian law and legal culture.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2018-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80246459","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: 2

Contents – Volume 43, 2018 Review of Central and East European Law 目录-第43卷，2018年中欧和东欧法律评论

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2018-11-17 DOI: 10.1163/15730352-04304007

引用次数: 2

Captured Media: Limitations and Structural Hindrances to Media Freedom in Serbia 被俘获的媒体:塞尔维亚媒体自由的限制和结构性障碍

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2018-11-17 DOI: 10.1163/15730352-04304004

Marko Kmezić

引用次数: 4

Development of Soviet Federalism from Lenin to Gorbachev: Major Characteristics and Reasons for Failure 从列宁到戈尔巴乔夫的苏联联邦制发展:主要特点及其失败原因

IF 0.2 4区社会学