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Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Sustainable development goals represent the paradigm of international politics of the 21st century. Their importance is also reflected in the growing number of national and international legal sources that directly or indirectly prescribe provisions for their affirmation. The international investment law, as a diverse set of international legal sources traditionally focused on the protection of foreign investments, has been increasingly linked to the requirements for contributing to the sustainable development of the host state. This paper analyzes the provisions of international investment agreements (IIAs) in the context of various aspects of sustainable development. Preambles, substantive and procedural provisions of bilateral and other international agreements containing provisions on investment protection were analyzed. The conclusion is that in the existing corpus of IIAs, still a smaller number of them contain provisions important for sustainable development, but that a trend can be observed of increasingly frequent incorporation of these “modern” provisions into newly signed agreements, as well as into the modern model BITs. [ABSTRACT FROM AUTHOR]

Fragmentation of international law can be studied from a variety of perspectives and the one chosen for this research is whether and how the conflict of juris dictions (or other types of conflicts, in terms of interpretation or enforcement) of international judicial and quasi-judicial bodies affect the unity of international law. While the answer might seem to be too obvious to justify the question, it is still not to be too easily assumed. The second issue discussed in this paper is whether and to what extent the external authority of an international court affects the re solution of a conflict. Both issues are too grand for a single paper so the research will be focused solely on three case studies involving the European Court of Justice: Mox Plant, Kadi and Achmea cases. In all three of them the EU Court of Justice clashed with another adjudicative authority and prevailed in the first two but seems to have lost a battle in the third. The article explores the reasons for these outcomes relying in teralia on the concept of external authority of a judicial institution. These findings are coupled with discussion on how these outcomes can be assessed from the perspective of (de)fragmentation of international law. [ABSTRACT FROM AUTHOR]

Interest ofinternational law SRholars into an empirical research has increased in the last decade. This paper is an example of one such research. The author has empirically analyzed positions on the use of force against the Federal Republic of Yugoslavia to test hypothesis about the operational role of international law in the work of the UN Security Council whether it was used in theformation ofpositions, in the assessment of the situation, and in proposing its solution. Introductory part of the paper presetted basic features and development of empirical research ofinternational law. It is followed by the review oftheoretical assumptions on the role of international law. Next sections of the paper presented hypothetical framework, methods and results of this empirical research. Finally, the author made concluding remarks on research findings, as well as emphasized necessity to develop practical knowledge on empirical research of international law and to open a diSRussion on the potential and limits of its application. [ABSTRACT FROM AUTHOR]

Copyright of Srpska Pravna Misao is the property of University Banja Luka, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper commences with the fact that in the last thirty years, many regulatory acts have been passed world-wide seeking to regulate various climate change-related issues. Some countries have also adopted special laws on climate change (leges speciales). The first part of the paper is devoted to considering the international legal context of climate change, as a general circumstance of importance for understanding the practice of states in adopting legal regulations in this area. In the second part of the paper, the key elements of internal legal regulations in the field of climate change in the Republic of Serbia (RS) and the Republic of Croatia (RC) are pointed out and the elementary norms of the Serbian Law on Climate Change and the Croatian Law on Climate Change and Ozone Layer Protection are compared. The aim of the paper is to analyse the connections between international legal circumstances and the manner of regulating the area of climate change via leges speciales. The thesis that the circumstances related to the complex nature of international legal obligations in this area, as well as obligations from EU regulations, influenced the need to regulate these issues with special laws has been considered.

Copyright of Knjiženstvo is the property of University of Belgrade, Faculty of Philology and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of TEME: Casopis za Društvene Nauke is the property of TEME: Casopis za Drustvene Nauke and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

If Serbian Private International Law Act (PIL Act) does not contain the conflict-of-law rule for a legal relationship or legal issue with foreign element which falls within its scope, there is a legal gap which should be filled in accordance with art. 2 PIL Act that provides the sources for filling the gaps (analogous application of the conflict-of-law rules of PIL Act, principles of PIL Act, principles of Serbian legal order and principles of private international law). The gaps in PIL Act are to be determined by interpretation of its provisions, where the special consideration should be given to the characterization of legal relationships and legal issues which serves as a tool for choosing the relevant conflict-of-law rule in the given case and represents the integral part of the process of their interpretation. Where it is in the process of interpretation and characterization determined that legal relationship or legal issue cannot be subsumed under the legal category of any conflict-of-law rule contained in PIL Act, it comes to the conclusion that legal gap exists. However, it could be determined that a legal relationship or legal issue, which can be subsumed under the legal category of one of the conflict-of-law rules contained in PIL Act, does not correspond to ratio legis of that conflict-of-law rule. In such case this legal relationship or legal issue has to be reduced from the scope of application of that conflict-of-law rule, which means there is also a legal gap. In this paper author analyzes the problem ofteleological reduction of the conflict-of-law rules contained in PIL Act and explains how the gaps determined by this method of interpretation can be filled in accordance with Art. 2 PIL Act. [ABSTRACT FROM AUTHOR]

The legal effect of electronic signatures, which includes the problem of its validity and legal power, is one of the important issues of electronic commerce. The paper analyzes the approach to this problem in the international legislation and the law of Serbia, considering it in the context of some national comparative solutions, especially in the context of the EU law. At an international level, legislation is conceptually nearly identical and is based on the principles of legal recognition, functional equivalence and formal technological neutrality. Additionally, the approach on the correlation of the legal effect of electronic contracts and their reliability is also widely accepted, with differences only in terms of specifying and the level of related requirements. The law of Serbia also accepts the above-mentioned concept; however, methodologically, structurally and substantively it relies primarily on the EUlaw. It is particularly important that in our law "reliability and security" becomes a key determinant of the legal effect of electronic signatures. Namely, the highest legal power is given to a qualified electronic signature, which has the same legal effect as a handwritten signature, and can even replace the legalization of a handwritten signature, but in turn it must satisfy a very complex system of strict requirements that all together need to ensure a high level of its reliability. [ABSTRACT FROM AUTHOR]

The paper examines the question of the burden of proof for the facts that imply illegal immission as prerequisite of in rem removal claim. The approach is different to the standard doctrine and it is in according to the general rule of the burden of proof in litigation -- so called modified norm theory. In the centre of the attention is distinction of so called constitutive and impeditive facts, and criteria for distinction. The implementation of modified norm theory regarding issue of this paper shows that primal distinguishing point is not suitable, so the other modification methods should be applied, in order to get the answer. [ABSTRACT FROM AUTHOR]

The paper deals with the modernization of private international law of maintenance in Serbia in the light of the two newest international instruments drawn up by the Hague Conference on Private International Law. As Serbia has ratified the Hague Protocol on the Law Applicable to Maintenance Obligations in January 2013 introducing modern rules to the legal system of Serbia, the issue of ratification of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance has arisen, in order to modernize this aspect of the international maintenance as well. In order to establish a position on the issue, the paper presents and analyzes the essential provisions of the Convention (scope of application, administrative cooperation, recognition and enforcement of decisions, stricto sensu enforcement). Based on the analyses, the concluding remarks offers some elements on the bases of which the competent authorities could form an opinion on the necessity and desirability of the ratification of the Convention. [ABSTRACT FROM AUTHOR]

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region was passed in June 2020 provoking the global outcry. The aim of this paper is to assess the compliance of the said law with the sources of international law, which are most relevant for the assessment of the problematic points of new legislation. In providing the analysis, the paper will not be focused only on the sources of international law, which are currently applicable. Instead, the previous relevant legal framework will also be taken into consideration where appropriate.

The main objective of this paper is to critically assess the dominant additive theory of the formation of Customary International Law by using the concept of discursive normative practice and the work of Gerald Postema. My central conclusion is that the use of this concept provides an explanation of the process of formation of Customary International Law that is superior to the additive theory which consists of two elements - practice and opinio juris. On the other hand, Postema's theory also has its own weaknesses, and this paper explores ways to improve it.

The paper examines the language style of modem laws and the relevance of the language for the law and lawyers in general. In the first part of the paper the author points to the importance of the phenomenon of language and the relevance of the study thereof. Later it gives arguments that support the position that the language is of a great importance both for the law and for the lawyers. In the central part of the paper the author discusses the language style used in laws and maintains that the language style of the modem European laws is to a great degree influenced by the nature and character of such laws, as well as by the nature of the subject matter of the laws, goals that such laws are to achieve and by a desire to achieve 'positivism' in law. In the end, the author stresses that today we have laws that are not only written in rough language but are also of poor content which paints a "gloomy picture of the language quality of our laws". In order to change such situation, the author points to the necessity of more profound knowledge of the language and linguistics by the lawyers. [ABSTRACT FROM AUTHOR]

Taking into consideration the importance and role of children in modern society, as well as their position, this article has as its focus juveniles in criminal procedure. The existence of a separate juvenile justice system independent of the criminal law applicable to the adult offenders and general criminal procedure, as well as the periodic changes of the dominant approach in theory and practice reflects the ascendancy of different theoretical perspectives in the juvenile justice. In this paper, the authors scrutinize the models of responding to juvenile crime -justice and welfare model - as two models of the greatest importance in the present reaction of the society to the crimes conducted by the youngest delinquents at the beginning of the new century and millennium. Furthermore, the paper deals with a matter of international legal standards which, to a large extent, give shape to the legal framework for juvenile offenders and provide their rights and position in the criminal procedure. The authors refer to the internationally accepted documents on several levels. From the (almost) universally accepted multilateral conventions on human rights, through the field of recommendations, rules and guidelines which are obeyed and enforced in practice of the juvenile justice although they are of non-binding nature, via the regional European legislative to the national provisions in a particular number of countries. On all the levels mentioned above the rights of the juveniles are regulated having in mind their possible role in the criminal procedure as a perpetrator of a criminal act, as a victim or as a witness. This paper also analyzes the criminal procedure with respect to juvenile perpetrators of the criminal acts in the Republic of Serbia and compliance of the provisions currently in vigor with the international legal standards contained in the international conventions and other internationally accepted and recognized instruments. [ABSTRACT FROM AUTHOR]

One of the substantial notions in relation to transfer pricing is the arm length principle which means replacing the pricing accomplished in transaction between connected parties, with pricing which would be accomplished in transaction between independent parties on open market, in the same or similar circumstances. In this paper author deals with notion of transfer pricing and provisions about transfer pricing in Serbian law. The reason why the author of this paper presents treatment of transfer pricing in European union is the potential association of Serbia to Europian union, which demand harmonization of Serbian law with the law of European union. The author, also, deals with Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations because of it's importance and influence on harmonization of provisions about transfer pricing in mostly contemporary tax sistems. Transfer pricing refers to the pricing accomplished in transaction between connected parties. Transfer pricing, generally, results in saving total quantum of tax by shifting profit from high to low tax jurisdiction. Processes of globalization, liberalization and growing of multinational entities have been resulting in arrival of transfer pricing in focus of interest. [ABSTRACT FROM AUTHOR]

The paper analyses significant characteristics of the system of legal rules of the WTO, their relationship towards the national legal rules and effects on the role of state in this field. The paper also analyses concrete processes of their implementation in the most significant national legal systems, in particular of the one in our country. Within the WTO the process of further re-formulation of special rules aimed at upgrading and updating of the issues regulated by GATT are in progress. However, the novelties that arise in a regulatory sphere of work of this Organisation also change significantly the scope of implementation, character, and extent of mandatory aspect and direction of general legal frameworks in this field. In the conditions of widening of influence and strengthening of significance of these rules, contemporary law is consequentially facing all the more emphasised phenomenon that the states lose more and more their independence based on absolute sovereignty in regulation of legal relations in foreign trade operations. Such trends are visible in our positive legislation as well. [ABSTRACT FROM AUTHOR]

The purpose of the present paper is to contribute to the elaboration of a concept for the protection of victim-witnesses of trafficking in human beings. Following a brief introduction, the paper will present some former and some current international law standards of trafficking in humam beings. Essence of this paper are measures of victim protection and support which are the priority in fight with this form of transnational organised crime. [ABSTRACT FROM AUTHOR]

Interest of international law scholars into an empirical research has increased in the last decade. This paper is an example of one such research. The author has empirically analyzed positions on the use of force against the Federal Republic of Yugoslavia to test hypothesis about the operational role of international law in the work of the UN Security Council: whether it was used in the formation of positions, in the assessment of the situation, and in proposing its solution. Introductory part of the paper presented basic features and development of empirical research of international law. It is followed by the review of theoretical assumptions on the role of international law. Next sections of the paper presented hypothetical framework, methods and results of this empirical research. Finally, the author made concluding remarks on research findings, as well as emphasized necessity to develop practical knowledge on empirical research of international law and to open a discussion on the potential and limits of its application.

In the light of the current migration crisis, there is an increasing need for examining main causes of migrations. This paper contains a conceptual analysis of the notion “environmental migrants”, a newly established category of persons being in a need of specific international protection. Following the elaboration on two empirical examples supporting the fact that this is indeed an ongoing and contemporary problem at international scene, the author considers whether proposed terms are able to appropriately address the group in question, thus putting forward a definition of the concept, as these are regarded as initial steps towards creating a distinct legal framework and an adequate protection of such particularly vulnerable group. Additionally, the second part of the paper is revealing some of the present-day international legal mechanisms which might serve as a solution to this problem, as well as several proposals de lege ferenda. Ultimately, it can be concluded that there is a need for special protection of those who migrate due to environmental factors, as well as that it is the common interest of the entire international community to tackle this problem before it is too late.

Principle of the peaceful uses of outer space is one of the basic principle of international law. It is currently the only legal obstacle for placement and use of the weapons in outer space. Today the international community is faced with the shift from the currently passive use of outer space to active military use of outer space of a destructive nature. Therefore, the principle of peaceful uses of outer space should be examined from the standpoint of contemporary international law. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies is considered to be the most significant instrument which establish the principle of peaceful uses of outer space. Beside this Treaty, there are other significant multilateral and bilateral instruments which supplement and develop the principle of peaceful uses in various ways. In this paper, the historical development of the principle of the peaceful uses of outer space will be introduced, and various multilateral and bilateral treaties from this area will be examined. Since the outer space law is the part of the international law, application of the UN Charter should also be examined. Finally, current state of the development of the principle of peaceful uses of outer space and future courses of the principle will be considered. [ABSTRACT FROM AUTHOR]

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper deals with the issue of territorial disputes settlement in international arbitrations. The arbitration represents an efficient way of determining state borders, together with diplomatic means of dispute resolution and procedure before the International Court of Justice. Parties in а dispute choose arbiters, rules of procedure and commit themselves to accept and implement arbitration award, which is based on international law. States can create an ad hoc tribunal or they can decide to resolve the dispute before the Permanent Court of Arbitration in The Hague. In arbitration practice there were cases of successful arbitrations, especially in situations when a dispute was primarily factual and when major economic and political interests were not involved. [ABSTRACT FROM AUTHOR]

The goal of this paper is to examine legal nature of international law. Author is arguing that it is legitimate to say that international law is not a law. International law does not have all the necessary elements to be considered as law, because it lacks coercion. Namely, to be able to define international law, we first have to define what is law. One of the constitutive elements of law is coercion. State as the holder of the monopoly of legal coercion ensures that the law is applied. Sovereign organisation on international level does not exists -- there is no world state. That indicates that international law is not supported by sovereign entity which will secure the application of law. That brings us to the above mentioned conclusion that so called international law is not a law. [ABSTRACT FROM AUTHOR]

This paper deals with international rules which are applicable in the cases of maritime delimitation. The importance of sea and its resources incited the states to regulate their boundaries in international agreements. In the situations when it is impossible to reach an agreement on delimitation it is necessary to resolve the dispute. Among other issues, there can be differences regarding the delimitation of territorial sea, continental shelf and exclusive economic zone. The UN Convention on the Law of the Sea, which comprehensively regulates this field contains also certain rules on maritime delimitation. Besides diplomatic means, states concerned can try to resolve the dispute by using the arbitration or judicial means of dispute settlement. The jurisdiction for the dispute settlement have the International Court of Justice and the Tribunal for the Law of the Sea. They usually apply the principle of equidistance but it can be complemented or replaced with additional criteria if there are some special circumstances related to the concrete case. The basic aim in the process of decision making is the achievement of equitable and acceptable solution. [ABSTRACT FROM AUTHOR]

The aim of this paper is to present the regulation of sustainable development on international level. The sustainable development was defined in the middle of 1980s and from that moment it incites discussions among lawyers about its relevance in international law. Some authors state that it is not a fully formed principle but that it is in the process of creation. The exception from this opinion is the position of the Judge Weeramantry in the Case Gabčíkovo- Nagymaros before the International Court of Justice. Since it is a principle, it does not contain clearly defined rights and duties but it is formulated generally and even vague regarding its legal effects. However, it is a legal principle which, contrary to moral or political principles, has binding legal effects and cannot be neglected. It is contained in several international treaties and it is also a part of the European Union Law. The principle of sustainable development is connected with the precautionary principle, environmental impact assessment and other principles. [ABSTRACT FROM AUTHOR]

This paper deals with several territorial disputes, regarding the land delimitation, which were put before the International Court of Justice. The determination of international borders is one of the most important questions of international law and the International Court of Justice represents a very important judicial instance to which states can address if they have an unsolved boundary question with the neighbouring states. In the territorial disputes at the Court State Parties were not only states that were formed in the process of decolonisation but also some European states such as, for example, The Netherlands and Belgium. The principles that Court has applied in the process of dispute resolution were different regarding the region and demands of the State Parties. The Court should, firstly, apply international law that means sources envisaged in the Article 38 of its Statute. In its jurisprudence, it used at the first place international treaties, where that was possible, but also the principle of uti possidetis and the principle of effectivity in order to resolve the dispute presented before him by the Parties. [ABSTRACT FROM AUTHOR]

In this paper the author presents the evolution of burden of proof in criminal and civil procedure. In civil procedural law there are the differences between the burden of proof in subjective, and that in objective sense. In criminal procedural law there are the differences between the burden of proof in formal, and that in material sense. The burden of proof in objective sense and the burden of proof in material sense is a specific working method available to court after the evidence procedure is carried out, when the use of free assessment of evidence method did not result in its conviction that a certain disputed legally relevant fact is true, which disables the court to form the factual substratum of the judgment. A particular attention is paid to the discussion of the principle in dubio pro reo and its differences from burden of proof in civil procedure. [ABSTRACT FROM AUTHOR]

All modern states today have organized and regulated system of security that includes different role of private security sector which is defined and limited by law. The law respresents the basis and limits the activities of all social subjects including the private security sector. Today, legal regulation of private security industry has gone very far in modern democratic societies. So-called model of control through the contract with the bussiness model is abandoned and approach to the model of control by the state is accepted. The new model has almost the same elements used by the state when it comes to controling the public sector or the police. Analyses indicate that issues related to the control of the private security can be legally regulated in a manner that is typically European, but also have an entirely different approach and variety of combinations that regulate the functioning of private security sector respecting national characteristics. The paper represents the main principles of control of private security abroad with special emphasis on the possible role of international law. [ABSTRACT FROM AUTHOR]

This paper analyses the sections of the Serbian Law on Civil Procedure pertaining to the so-called procedure for preliminary adjudication of an issue of law (preliminary ruling procedure), which enable the court of first instance in an ongoing litigation to submit a request to the Supreme Court of Cassation to take a principal stand, according to the procedure for adopting principal standpoints, if in respect of the given issue of law the judicial practice of the trial courts is inconsistent. The legal solution of the Law is subject to critical remarks, primarily in the light of the principle of the independence of judiciary, with regard to the solutions adopted in comparative law. [ABSTRACT FROM AUTHOR]

Cyber warfare is a specific new form of military conflicts the use of which is growing rapidly in the international community. However, its nature is specific and differs from all previously known forms of warfare. For the purpose of clear understanding of the nature of cyber warfare, this paper covers the basic groups of preconditions for its broad application and fast development from technological military and social aspects. Understanding the true nature of cyber warfare is a necessary condition for building national capacities for its appfication that are military justified and harmonized with the international law. The paper explores the characteristic instances of cyber warfare, ranging from information propaganda to physical destruction, with the goal to determine guidelines for the possible development of cyber capacities at the national level. Based on the analysis of previous cyber warfare cases, a prediction of future development directions is made and the necessity to apply suitable methods and techniques for defense against them is analysed. [ABSTRACT FROM AUTHOR]

This paper presents the basic legal instruments of mutual assistance in tax matters in the field of direct and indirect taxation in European union, forms of mutual assistance and its importance in fight against international tax evasion and international double taxation. Namely, processes of globalization and liberalization, in terms of taxation in accordance with the principle of worldwide income, have meant that information that is available to a tax administration is not enough to correctly determine tax liability. In such situations states can rely on mutual assistance which may be manifested as exchange of tax information, collaboration by officials and simultaneous controls. [ABSTRACT FROM AUTHOR]

Copyright of Singidunum Scientific Review / Singidunum Revija is the property of Singidunum University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Serbia (among the last countries in Europe) has introduced the institution of the nuptial (marital) agreement into the substantive legislation. Family Law of the Republic of Serbia from 2005 eliminated the difference between the substantive law of the Republic of Serbia and practically all European comparative legislatures with regard to the possibility of modification of the statutory marital-property regime. However, the aforementioned institution is not for the first time found in the Serbian law. Its existence and application in Serbia of the nineteenth and twentieth century had relatively long tradition. The period following the Second World War brought about the prohibition of modification in the statutory regime of common property of spouses. Under the Family Law, for the first time after more than six decades, it is established that spouses and future marital partners shall be entitled to change statutory regime of the common spousal property and enter into legal transactions which will pro futuro regulate their property relations both in the matters of the existing as well as the future property. The institution of nuptial (marital) agreement enables the prospective as well as the existing marital partners to arrange for the separate-property regime and to regulate their relations in accordance with the principle of freedom of contract, without any formal restrictions existing until then. Theoreticians have recognised a number of systems of property relations between spouses in the European law. Principally, their considerations boil down to the three, i.e., the four major approaches. „The first system includes merging of the property, the second one refers to the separate property system and the third one is the joint property system or ownership in common“. Individual theoreticians also refer to the fourth system -- „the deferred community property regime (i.e. the community-of-property regime) This paper underlines that nuptial (marital) agreements do not have the same function in reform countries as in other countries across our continent. In the societies undergoing transition the family legislation generally maintained the joint property regime. Accordingly, in these legal systems the nuptial (marital) agreements attempt to satisfy the aspirations of spouses to establish the separate property regime within their property relations. In majority of significantly economically developed countries, the property relations between spouses are based on the separate property system (as a statutory property regime), and spouses may agree on the community-of-property by means of contract. [ABSTRACT FROM AUTHOR]

After a few years over a quarter century since the Act on Private International Law of Serbia has been enacted, the drawing up of a new act has been initiated in spring 2009. One of the important preliminary questions in this process is the following: is it desirable or necessary to harmonize the future Serbian Act with the Europeanized Private International Law, which has been a reality since more than ten years, and which has been showing a dynamic development ever since. Regulations on jurisdiction, recognition and enforcement of judgments in civil and commercial matters, and also in matrimonial and matters of parental responsibility (Brussels I and II bis) have been adopted, which have been followed with the enactment of regulations on applicable law in non-contractual and contractual obligations (Rome I and II). There is also legislative activity in the field of family relations, and so far the regulation which covers applicable law in matters relating to maintenance obligations and a proposal of regulation on applicable law in divorce have been drawn up. All these sources of law or proposals have adopted rules, which could be taken into account when future new Serbian Act on Private International Law would be discussed, because those are results of a thorough process of consultations and deliberations of the majority of European countries. Those countries, as Member States of the EU, create -- as it stands now -- uniform rules of conflict of laws and of jurisdiction of a Europeanized Private International Law, and set, at least, trends of development of this field of law. The present paper offers an analysis of the Proposal for a Council Regulation amending Regulation (EC) No 2201/2003 as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters from the viewpoint of its acceptability and as an inspiration in the course of drawing up the corresponding rules of a future Act on Private International Law in Serbia. Key words: divorce with foreign element; habitual residence as connecting factor in private international law; the choice of law for divorce; proposal of the EU regulation on divorce; new Serbian private international law [ABSTRACT FROM AUTHOR]

The issue of redundancy is an especially current issue today, regarding the processes of proprietary and status changes of the employer, transition, difficult financial conditions of operating etc. This paper singles out the most important international, European and domestic legal frameworks of treating the redundancy issues. To that effect, the conclusion is that our law is satisfactorily harmonised with particular standards of international and domestic law. However, in practice, as well as in further legal upgrading of this issue, it is suggested that one should be attentive in treat the principle of social justice (the issue of fast social polarisation) in addition to accepting the demand on interest balance of the employer and employees. The burden of current transitional changes must be equally placed. [ABSTRACT FROM AUTHOR]

This analysis of a sample of territorial or border disputes 30 years after the ‎beginning of Yugoslavia’s disintegration is informed by a pluri-angle analytical‎ framework. With territorial disputes, a single reading of the phenomenon ‎by international law with its established principles and standards of peaceful‎ dispute settlement can be insufficient. More often than not, territorial disputes‎ not only relate to territorial sovereignty per se, but also to issues of nation-‎building and statehood, identity narratives, ontological security, and‎(perceived) legitimacy as to whether a border is ‘just’. In the context of EU enlargement, ‎the level of power (a)symmetry between actors also plays a role. ‎Looking at the case studies (i) Croatia v. Slovenia, (ii) Serbia v. Croatia, and (iii)‎Serbia v. Kosovo, this paper demonstrates why States sometimes do not comply ‎with EU conditionality and that the behaviour of State actors is by no means ‎irrational, but can well sustain a dispute and/or pose a threat to dispute settlement‎ by international law.‎

The relationship between domestic (state) law, or more precisely domestic laws, and international law is one of the most complex and dynamic issues, both in foro interno and in foro externo, resulting in different and numerous theoretical and practical solutions. Beginning with basic theoretical starting points (monism and dualism), through comparative constitutional practice, this paper seeks to provide a detailed analysis of the provisions of the Constitution of Montenegro from 2007 concerning the relationship between domestic and international law, especially Article 9. Opting for a monistic approach with a relative primacy of international law, the Montenegrin Constitution prescribes that international treaties and generally accepted rules of international law are an integral part of the internal order. The analysis of the Constitution in the manner of de lege lata pointed out some basic errors and shortcomings of the positive legal solution of the relationship between domestic and international law found in Article 9, and resulted in a proposed correction in the manner of de lege ferenda, with the aim of reducing the potential international legal responsibility of Montenegro.

The participation of members of the Serbian Armed Forces in multinational operations of the European Union takes place within the framework set by the rules of the national, European, and international law. This paper addresses special attention to the rules of international law, which are important or may become important for the regulation of the activities of the Serbian Armed Forces' members in the crisis management operations. The aim of this paper is to present a range of branches of international law governing the status and conduct of the armed forces contributing to the operations. Given that this is a current topic, the results of the paper will show the importance that the international law may have for an external view of the role of the Republic of Serbia in keeping the international peace and security.

This paper aims to delve into the qualities and content of norms of general international law classified as peremptory (jus cogens). To do so, three questions will be answered: (i) how does jus cogens arise, (ii) how is jus cogens changed and eliminated and (iii) what is jus cogens “utility”? The first question will be answered by adopting a two-stage formal criterion, based on the provisions of the Vienna Convention on the Law of Treaties. In this section, it will be demonstrated that jus cogens may have trivial content. Next, it will be argued that the process of modification and elimination of jus cogens depends to a great extent on the non-verification of the necessary conditions for its emergence. Finally, the “utility question” will deal with the alleged constitutionalist function of jus co- gens and its relevance, namely by limiting the power of the States and strengthening the rule of law.

Non-governmental organizations have achieved significant success in the development of international environmental law during the last decades. Their activities such as lobbying, attracting public attention and media campaigns have contributed the development of certain environmental issues. International and regional agreements provide various forms of participation and cooperation with NGOs. The author considers whether the growing influence of NGOs in the development of environmental law has consequences for the state as a subject of international law. Through their activities, NGOs had acquired certain elements of international legal personality and had entered the domain which traditionally belongs to the state. This phenomenon raises the question of the potential transformation of the concept of the international legal personality, as well as the readiness of international law for flexibility regarding this issue. The author concludes that, despite the growing importance of NGOs in the development of environmental law, the concept of international law is not ready for transformation. In overcoming this problem, states should make the best by using the role and existence of NGOs, and, in the area of environmental law, with joint efforts, continue the development of this branch of law. [ABSTRACT FROM AUTHOR]

The paper deals with the comparison of two cases when humanity was closest to the outbreak of a world nuclear war - the Cuban missile crisis (1962) and the Ukrainian crisis (2022). First, the basic elements of the term "international crisis" were given, and then, based on selected criteria, the Cuban crisis and the reality that arose from the invasion of the Russian armed forces into Ukraine were analyzed. The international legal aspects of these problems were specially addressed, with the fact that it was pointed out that, unlike the American naval blockade of Cuba, there was nothing illegal in the deployment of Soviet missiles on that island, yet the USA was still ready for war just to remove the threat. In the case of the Ukrainian crisis (2022), everything is much more complicated. Although at first glance, this is a classic case of aggression, Russia invoked the favorite arguments and concepts of the USA, such as humanitarian intervention and preventive self-defense. In the concluding remarks, the authors point out that, according to current international law, all international disputes and crises must be resolved exclusively by peaceful means, that the Ukrainian crisis should not be an exception in this respect, and that, after all, a good example is the Cuban Missile Crisis, which ended with a kind of agreement.

Right to privacy presents one of the classical international human rights law, deeply rooted in the human rights philosophy. It does have pedigree of classical and well established right, but yet again it is marked with terms of constant actuality. Within the paper exploration is directed toward the analysis on whether terms, notions, normative framework do provide efficient protection of privacy rights, especially nowadays, in global society. Analysis follows universal international law instruments and regional international law instruments -- Council of Europe primarily. Jurisprudence of European Court of Human Rights provides important conclusions and crystallisation of all aspects of privacy law. Thus, attention is hugely directed toward ECHR. [ABSTRACT FROM AUTHOR]

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The ne bis in idem principle as one of the most eslablished legal rules, has been widely regulated by sources of national and International Law. By its very nature, it protects individuals from double punishment for the same act, regardless of its classification as а misdemeanor, criminal offence etc. Different legal traditions, together with а purely national criminal jurisdiction, led to a certain divergency among states. Moreover, such a problem has existed for a long time in the jurisprudence of the European Court of Human Rights. However, regulation of this principle in the EU Law brought upon some novelties. In the end of 20th century and in the beginning of 21st century there was the process of a more detailed defining of conditions for the application of ne bis in idem principle. In parallel with that process, the European Court of Justice delivered its judgments, which clarified practical dillemas of national courts in this particular field of law. These judgments resulted from the requests for preliminary rulling referred by national courts. In that regard, many important precedents have been adjudicated, defining essential elements for impelmentation of prohibition of double punishment, as for example concept of the ’same act’. On the basis of the analysis of the legal framework and relevant jurisprudence of the ECJ, we come to the conclusion that the principle ne bis in idem in the EU Law system has been interpreted extensively and this fact significantly impacts on the overcomming of formalities contained in national legal systems, which can bring about double punishment for the same act [ABSTRACT FROM AUTHOR]

Determination of the borders of some states, especially in the process of growing its subjectivity, belongs to the framework of very important issues connected with acquiring the attributes of the free member of international community. This paper deals with the earliest forms of marking the borders of Montenegro’s territory during the reign of Petar II Petrovic Njegos, and the existence of Montenegro in factice, but not in formal sense of international law. That’s why there was used an opportunity to, besides emphasizing mentioned question, chronologically show the development of events in this area even in the later periods of history of Montenegro. [ABSTRACT FROM AUTHOR]

The first part of the paper deals with the effect of the outbreak of war or the state of war, on the international relations of states. Following is a brief overview of the differences between the war as a factual and wartime state as a legal category. Within the special sections, the effect on relations with the enemy (the entry into force of the rules of war and humanitarian law, the termination of diplomatic relations, the effect on treaties, the status of alien enemies), relations with allies, relations with neutral countries (rights and obligations of neutral states, the position of neutral aliens, etc.) and, ultimately, relations with international organizations (which can appear in the role of enemies, the allies, the neutral side and in the special role of the factors concerned with the preservation of world peace) were analyzed. The conclusion is that many issues relating to the effects of war or the state of war on relations with international organizations are not sufficiently addressed in the legal literature.

Copyright of FBIM Transactions is the property of University Union - Nikola Tesla, Faculty of Business & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)