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O presente artigo tem dois objetivos, sendo o primeiro deles o enfrentamento do tema relacionado à extensão e limites da jurisdição adjudicativa em sua relação com a imunidade jurisdicional dos Estados conforme o Direito Internacional. O segundo realizar um cotejo entre a atual compreensão do Supremo Tribunal Federal no ARE 954.858, que entendeu ser relativa à imunidade de jurisdição acta jure imperii relacionadas a violações dos direitos humanos e crimes de guerra – caso Changri-lá -, tendo como paradigma a decisão da Corte Internacional de Justiça no caso Alemanha v. Itália de 2012. Os problemas indicados permitirão uma discussão mínima sobre o conceito de soberania a partir de uma interlocução entre Direito Internacional e Direito Interno, a incorporação de normas internacionais costumeiras e a dificuldade que se abate sobre esta terra incógnita, aferir como a jurisprudência do STF tem tratado o tema da extensão e limites da jurisdição adjucativa pela incidência das imunidades internacionais, bem como uma crítica de lege ferenda à decisão do Supremo Tribunal Federal. O método adotado foi o estudo de caso orientado pela crítica, na medida em que se busca, a partir dos contrastes entre opostos – a decisão do STF e a da Corte Internacional de Justiça – uma síntese compreensiva que corresponda ao conteúdo da norma internacional incidente ao caso, e para a reconstrução do caso Changri-lá o método histórico. As técnicas de pesquisas aplicadas foram a pesquisa bibliográfica e jurisprudencial e a análise documental.

O Tratado de Itaipu é um marco na cooperação energética entre Brasil e Paraguai, sendo responsável por uma parcela significativa da energia consumida por ambos os países. Este artigo examina a relevância desse tratado para a evolução do direito internacional, público e privado, especialmente em relação à sua natureza jurídica e aos mecanismos de coordenação normativa que promove. Demonstramos que o Tratado de Itaipu é, mais do que um instrumento de direito internacional regularmente internalizado na ordem jurídica brasileira, cujas normas prevalecem sobre outras normas domésticas em virtude de sua natureza e especialidade, um importante instrumento de gestão da pluralidade normativa subjacente à Itaipu Binacional. Além disso, destacamos a importância do espírito inovador do tratado para fortalecer a cooperação, especialmente em um contexto de desafios climáticos crescentes.

SOMMARIO: 1. Le competenze giurisdizionali sulle quali s’innesta(effettivamente o virtualmente) il ruolo “creativo” della Corte di giustizia UE nella formazione del diritto contrattuale uniforme. – 2. Le sentenze della Corte di giustizia UE che individuano le pretese intersoggettive azionabili dalle parti di un contratto tramite un’interpretazione “adeguatrice” del diritto eurounitario derivato e (per la proprietà transitiva) del diritto interno di recepimento. – 3. Le sentenze della Corte di giustizia UE dalle quali affiora l’opportunità di desumere i diritti/poteri e obblighi/doveri dei contraenti da un’applicazione “diretta” dei principi fondanti dell’Unione europea. – 4. La maggior rispondenza alle sfide poste dalla globalizzazione di un sistema giurisdizionale di applicazione (soprattutto) “indiretta” dei principi eurounitari a competenza diffusa/multilevel, il quale si sviluppi con la tecnica dei precedenti di principio, rispetto ad un sistema, a competenza accentrata, basato sulla configurazione di precedenti- regola.

SOMMARIO: 1. Tutela anticipatoria e iscrizione di ipoteca giudiziale: la delimitazione dell’analisi – 2. Iscrizione dell’ipoteca giudiziale con provvedimento d’urgenza alla luce della giurisprudenza. – 3. La cancellazione dell’iscrizione ipotecaria. – 4. Il dibattito sull’utilizzabilità del provvedimento anticipatorio tra iscrizione e riduzione e conclusioni.

SOMMARIO: 1. Premessa. – 2. Il parametro dell’adeguatezza. – 3. Adeguatezza e sovraccarico cognitivo. Il consumatore di alimenti come figura a geometria variabile.

Desde que existe un entorno económico globalizado y por esencia cambiante, las personas tanto físicas como jurídicas cambian su domicilio, residencia o sede, y con ello, cuestión esta polémica para las segundas, inclusive su nacionalidad. La gran cuestión es saber si son equiparables nociones como nacionalidad o domicilio entre ambos tipos de personas. Y si bien desde entornos de integración como son los auspiciados desde MERCOSUR y otras regiones latinoamericanas, así como por la Unión Europea (UE), el proceso facilitador de movimientos las personas jurídicas con ánimo de lucro ha alcanzado cotas de gran intensidad (llegando inclusive en el caso europeo a aspectos antes impensable como los cambios totales de sede o la pérdida de personalidad en el país de fundación u origen), los Estados participantes en los referidos ámbitos, y en contraste a otros aspectos de Derecho Internacional Privado que se han venido unificando (en la UE mediante Reglamentos, los únicos al frente de esta gestión), quedan significativas incógnitas por desvelar a uno y otro lado del Océano Atlántico, en concreto, la adopción de unas reglas comunes para determinar la sede o nacionalidad de esas mismas sociedades mercantiles en movilidad. Ello constituye una tarea pendiente tanto para la UE y las iniciativas integradoras latinoamericanas como es la de MERCOSUR, de manera que se impone el estudio sosegado para hallar resultados prometedores compartidos que atisben el necesario marco reflexivo con respecto a tan compleja problemática.

Este artigo explora a relevância e a intricada natureza do processo de harmonização jurídica em integrações regionais, oferecendo uma perspectiva à luz do sistema internormativo, com ênfase no exemplo da União Europeia. Destacamos o papel dos juízes dos tribunais nacionais nesse processo de harmonização jurídica, particularmente na aplicação das normas harmonizadas, por meio do diálogo interjurisdicional facilitado pelo reenvio prejudicial.

The CISG AC started as a private initiative which was founded and supported by Albert H Kritzer Executive Secretary of the Institute of International Commercial Law at Pace University School of Law and the Centre for Commercial Law Studies, Queen Mary, University of London. The International Sales Convention Advisory Council (CISG-AC) is in place to support understanding of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the promotion and assistance in the uniform interpretation of the CISG. At its formative meeting in Paris in June 2001, Prof. Peter Schlechtriem of Freiburg University, Germany, was elected Chair of the CISG-AC for a three-year term. Dr. Loukas A. Mistelis of the Centre for Commercial Law Studies, Queen Mary, University of London, was elected Secretary. The founding members of the CISG-AC were Prof. Emeritus Eric E. Bergsten, Pace University School of Law, Prof. Michael Joachim Bonell, University of Rome La Sapienza, Prof. E. Allan Farnsworth, Columbia University School of Law, Prof. Alejandro M. Garro, Columbia University School of Law, Prof. Sir Roy M. Goode, Oxford, Prof. Sergei N. Lebedev, Maritime Arbitration Commission of the Chamber of Commerce and Industry of the Russian Federation, Prof. Jan Ramberg, University of Stockholm, Faculty of Law, Prof. Peter Schlechtriem, Freiburg University, Prof. Hiroo Sono,Faculty of Law, Hokkaido University, Prof. Claude Witz, Universität des Saarlandes and Strasbourg University. Members of the Council are elected by the Council. At subsequent meetings, the CISG-AC elected as additional members Prof. Pilar Perales Viscasillas, Universidad Carlos III, Madrid; Prof. Ingeborg Schwenzer, University of Basel; Prof. John Y. Gotanda, Villanova University; Prof. Michael G. Bridge, London School of Economics; Prof. Han Shiyuan, Tsinghua University and Prof. Yeşim Atamer, Istanbul Bilgi University, Turkey, Prof. Ulrich G. Schroeter, University of Mannheim, Germany, Prof. Lauro Gama Jnr, Pontifical Catholic University, Justice Johnny Herre, Justice of the Supreme Court of Sweden, Prof. Harry M. Flechtner, University of Pittsburgh, Prof. Sieg Eiselen, Department of Private Law of the University of South Africa, Prof. Edgardo Muñoz López, Universidad Panamericana, Guadalajara, México, and Assoc. Prof. Lisa Spagnolo, Macquarie University. Prof. Jan Ramberg served for a three-year term as the second Chair of the CISG-AC. At its 11th meeting in Wuhan, People's Republic of China, Prof. Eric E. Bergsten of Pace University School of Law was elected Chair of the CISG-AC and Prof. Sieg Eiselen of the Department of Private Law of the University of South Africa was elected Secretary. At its 14th meeting in Belgrade, Serbia, Prof. Ingeborg Schwenzer of the University of Basel was elected Chair and at its 24th meeting in Antigua, Guatemala, Prof. Michael G. Bridge of the London School of Economics was elected Chair of the CISG-AC. At its 26th meeting in Asunción, Paraguay, Ass. Prof. Milena Djordjević, University of Belgrade, Serbia, was elected Secretary, and she was re-elected short after the 37th meeting in Rio de Janeiro. Prof. Pilar Perales Viscasillas of the University Carlos III of Madrid was elected Chair of the CISG-AC after the 37th meeting in Rio de Janeiro.

The CISG AC started as a private initiative which was founded and supported by Albert H Kritzer Executive Secretary of the Institute of International Commercial Law at Pace University School of Law and the Centre for Commercial Law Studies, Queen Mary, University of London. The International Sales Convention Advisory Council (CISG-AC) is in place to support understanding of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the promotion and assistance in the uniform interpretation of the CISG. At its formative meeting in Paris in June 2001, Prof. Peter Schlechtriem of Freiburg University, Germany, was elected Chair of the CISG-AC for a three-year term. Dr. Loukas A. Mistelis of the Centre for Commercial Law Studies, Queen Mary, University of London, was elected Secretary. The founding members of the CISG-AC were Prof. Emeritus Eric E. Bergsten, Pace University School of Law, Prof. Michael Joachim Bonell, University of Rome La Sapienza, Prof. E. Allan Farnsworth, Columbia University School of Law, Prof. Alejandro M. Garro, Columbia University School of Law, Prof. Sir Roy M. Goode, Oxford, Prof. Sergei N. Lebedev, Maritime Arbitration Commission of the Chamber of Commerce and Industry of the Russian Federation, Prof. Jan Ramberg, University of Stockholm, Faculty of Law, Prof. Peter Schlechtriem, Freiburg University, Prof. Hiroo Sono, Faculty of Law, Hokkaido University, Prof. Claude Witz, Universität des Saarlandes and Strasbourg University. Members of the Council are elected by the Council. At subsequent meetings, the CISG-AC elected as additional members Prof. Pilar Perales Viscasillas, Universidad Carlos III, Madrid; Prof. Ingeborg Schwenzer, University of Basel; Prof. John Y. Gotanda, Villanova University; Prof. Michael G. Bridge, London School of Economics; Prof. Han Shiyuan, Tsinghua University and Prof. Yeşim Atamer, Istanbul Bilgi University, Turkey, Prof. Ulrich G. Schroeter, University of Mannheim, Germany, Prof. Lauro Gama Jnr, Pontifical Catholic University, Justice Johnny Herre, Justice of the Supreme Court of Sweden, Prof. Harry M. Flechtner, University of Pittsburgh, Prof. Sieg Eiselen, Department of Private Law of the University of South Africa, Prof. Edgardo Muñoz López, Universidad Panamericana, Guadalajara, México, and Assoc. Prof. Lisa Spagnolo, Macquarie Law School. Prof. Jan Ramberg served for a three-year term as the second Chair of the CISG-AC. At its 11th meeting in Wuhan, People's Republic of China, Prof. Eric E. Bergsten of Pace University School of Law was elected Chair of the CISG-AC and Prof. Sieg Eiselen of the Department of Private Law of the University of South Africa was elected Secretary. At its 14th meeting in Belgrade, Serbia, Prof. Ingeborg Schwenzer of the University of Basel was elected Chair and at its 24th meeting in Antigua, Guatemala, Prof. Michael G. Bridge of the London School of Economics was elected Chair of the CISG-AC. At its 26th meeting in Asunción, Paraguay, Ass. Prof. Milena Djordjević, University of Belgrade, Serbia, was elected Secretary, and she was re-elected short after the 37th meeting in Rio de Janeiro. Prof. Pilar Perales Viscasillas of the University Carlos III of Madrid was elected Chair of the CISG-AC after the 37th meeting in Rio de Janeiro. The meeting was kindly hosted by Kopaonik School of Natural Law - Slobodan Perović.

Compensation for non-economic damages, the debate over its justification, and the adequacy of compensation awarded for harm to non-economic goods have been contentious issues among domestic legal theorists for decades. The provisions of the 1978 Law on Obligations resolved this debate by introducing the right to monetary compensation for non-economic damages in explicitly enumerated cases. The aim of the authors is to use appropriate scientific methods to demonstrate how failures by state authorities, specifically the police and judicial bodies, can cause non-economic damage to individuals through miscarriages of justice and false imprisonment. Freedom is a fundamental human right, guaranteed by the Constitution, laws, and ratified international documents. This raises the question of how, and to what extent, a wrongful conviction or unlawful deprivation of liberty violates this fundamental right, and what legal remedies are available to the victim. The focus of the paper will be on the legislation of the Republic of Serbia, as well as the views and interpretations in legal theory and in practice regarding the victim’s claim for monetary compensation for harm to non-economic goods, such as reputation and honor.

A characteristic feature of contemporary business and current trends in the market economy is primarily globalization, which has significantly enhanced the possibilities for expanding operations from one market to multiple markets, while simultaneously increasing competitiveness among business entities. Consumer protection in developed market economies is not a new topic; however, under the conditions of globalization, the transition processes of the economy in certain countries, and competitive relations in modern economic flows, this issue has attracted significant attention from the scientific and professional community in recent years. After the introductory section, this paper reviews the concept and significance of consumer satisfaction, specifically addressing the meeting of consumer needs and demands as an economically significant category essential for modern business practices. Furthermore, the paper focuses on the legal provisions related to consumer rights protection and the prohibition of unfair business practices. The concept of consumer protection is safeguarded by the Constitution of the Republic of Serbia, while consumer rights protection and the prohibition of unfair business practices are primarily regulated by the Law on Consumer Protection and the Consumer Protection Strategy for 2019-2024.

Increasingly frequent floods, caused by altered climatic conditions, result significant material damage and loss of human life. The floods of May 2014 were the largest recorded in Serbia, affecting the territory of the city of Kraljevo, particularly the settlement of Grdica and the industrial zone of Šeovac. The damages from the floods impacted residential buildings, infrastructure, agriculture, business entities, and public facilities. Similar flood events, in terms of precipitation volumes and river water levels, also affected the Kraljevo area in 2023. Due to the frequent natural disasters impacting various parts of the territory, along with the extensive network of watercourses and intense climate changes, the city of Kraljevo has adopted an integrated approach to disaster risk reduction. The flood risk reduction system is governed by several legal regulations, primarily the Water Law and the Law on Disaster Risk Reduction and Emergency Management. In compliance with these legal obligations, the city has adopted necessary planning documents, established institutional mechanisms, and properly equipped civil protection units. Additionally, continuous investments have been made in constructing new and reconstructing the existing infrastructure. A significant advancement in the city’s risk reduction system is the establishment of a civil protection system and inter-municipal cooperation among cities and municipalities in the West Morava River basin. It is important to measure the impact of investments in flood prevention to assess the justification and effectiveness of the resources used. The activities and measures implemented to reduce flood risk from 2014 to 2023 have shown positive results. This paper presents a comparative analysis of the effects of preventive activities and investments in the disaster risk reduction and emergency management system in the Kraljevo area during the specified period. The concluding considerations indicate that preventive investments in the flood risk reduction system and the construction of resilient and necessary protective infrastructure, lead to reduced damages and losses from floods.

The very title of the group of criminal offenses against official duty reveals their object of protection, which is the conscientious and responsible performance of official duties. However, these criminal offenses endanger various protected values, such as citizens’ freedoms and rights, their physical and psychological integrity, their property, and others. In this context, the distinction between the object of the act and the defined object of protection for this group of criminal offenses becomes evident. This means that it is necessary to differentiate between the immediate object targeted by individual criminal offenses within this group, the socalled object of attack, and the established object of protection, which is the general value being safeguarded. The subject of this paper is the analysis of legal norms related to individual criminal offenses with a focus on distinguishing between the object of protection and the object of the act. In this regard, we will compare the elements of certain criminal offenses against official duty, primarily those in which the objects of the act differ, while the object of protection, according to their classification, remains the same. The aim of the paper is to determine whether the existing criminal offenses against official duty, with reference to the object of the criminal offense, are properly systematized within this group of criminal offenses, and to explore possible ways to address the identified shortcomings.

The rapid development of information and communication technologies, blockchain technologies, artificial intelligence (AI), as well as the Internet of Things (IoT) devices has brought numerous advantages to modern society. Alongside increased comfort of life and efficiency in all areas of human activity, the automation enabled by interconnected networks also poses a challenge to citizens’ right to privacy. The goal of this research is to identify weaknesses in this use of modern technologies, specifically in how they negatively impact the citizens’ right to privacy, by analyzing the relationship between mass surveillance practices and IoT devices. The research established that the implementation of mass surveillance measures using IoT technology can lead to violations of ethical standards, security protocols, and the right to privacy. It has been shown that there are issues with applying existing regulations to IoT and mass surveillance and that no universal legal framework currently exists to protect the right to privacy. The use of IoT technology, especially given the rapid development of artificial intelligence, will in the future raise numerous dilemmas regarding the entities responsible for collecting personal data, the consents required for data usage and processing, where the collected personal data will be used, and for what purposes. Therefore, it is necessary to adapt privacy laws to modern technological advancements such as IoT and AI. This study utilized methods of induction, deduction, and content analysis.

The purpose of this paper is to stimulate reflection on the use and significance of anonymous witness statements in the practice of the European Court of Human Rights. The analysis of selected leading cases in this area will provide an overview of the development of European judicial practice regarding the fact that the right of the defense is seriously compromised when such statements are accepted in criminal proceedings. A significant number of judgments represent a setback, particularly concerning the realization of the right to confrontation, which is characteristic of cases involving statements from anonymous witnesses. In such cases, the question arises as to what counterbalancing mechanisms could compensate for the denial of the accused’s rights when the identity of the individual providing incriminating statements is concealed. The statements of anonymous witnesses have, in a way, influenced the practice of the European Court of Human Rights regarding the establishment of a legal standard that has gradually taken on the role of a corrective mechanism, maintaining the balance between opposing parties. The question is whether such a corrective mechanism for the procedural protection of anonymous witnesses can preserve the interests of both sides.

Since its adoption, the UN Convention on Mediation has been signed by 58 states. It provides an important legal framework for resolving commercial disputes and allows for the cross-border enforcement of such agreements. The less formal, less expensive, and more confidential nature of the process makes its use even more attractive to potential parties compared to other instruments. Once a settlement agreement is reached, the Convention also enables the parties to enforce it without the need for complex recognition proceedings. Due to these characteristics, mediation can be used as an instrument for restructuring and preventing insolvency. The purpose of this paper is to highlight the advantages of using mediation in cross-border restructuring under the rules set by the UN Convention on Mediation. The authors analyze the application of mediation agreements in practice throughout each stage of the process, as well as the advantages and disadvantages of mediation and their effects on cross-border restructuring proceedings. This paper employs dogmatic, normative, comparative, and case study methods.

Cyber warfare represents a new form of conflict in today’s world. Unlike earlier traditional armed conflicts, cyber warfare is different in terms of means, methods, techniques, and actors. Cyber warfare takes place in virtual space through the use of information and communication technologies. The actors may be states, but also individuals who can inflict significant damage on their opponents. The consequences of cyber attacks may not be immediately apparent, but can manifest much later. Similarly, the outcome of a cyber attack can be material damage or the loss of human life. Since cyber operations can take place not only during conflicts but also in peacetime, the concept of cyber aggression is often present. States are aware of the new cyber threats and are developing their defensive and offensive capabilities, adopting strategies and doctrines addressing these issues. However, there is no international agreement that regulates the open issues related to cyber warfare, as there is no consensus among states on how to regulate it. There are attempts to apply the rules of international humanitarian law that govern armed conflicts to the realm of cyber warfare. Consensus within the international community has not been reached, leaving this area unregulated. The paper aims to examine the possibility of applying the rules of international humanitarian law, specifically the rules governing the right to use force in international relations (jus ad bellum) and the rules governing the conduct of parties in conflict (jus in bello), to cyber warfare.

Unlike the interpretation of the UN Committee on the Rights of Persons with Disabilities (hereinafter: CRPD Committee), which prohibits any deprivation of liberty on the basis of mental disability, the laws of member states continue to allow and implement involuntary psychiatric measures. The recent objection by the CRPD Committee to the adoption of a legally binding document at the Council of Europe level, which aims to regulate the protection of the human rights and dignity of individuals with mental disorders, could potentially have negative consequences. At this point, a legally binding agreement is more significant than a complete prohibition on placement in psychiatric institutions without consent or the exclusion of substitute decision-makers from providing consent for treatment. This is supported by Serbian legislation, which has certain deficiencies in the procedures for the placement and treatment of individuals with mental disorders. Involuntary measures should be applied only in exceptional cases, and a legally binding document that reflects genuine state consensus could be beneficial for creating laws and ensuring protection for those subjected to involuntary psychiatric measures.

The subject of this paper is the analysis of strategic management, with a focus on the impact of innovation and information and communication (IC) resources on a company’s entrepreneurial strategy. The paper analyzes the management of strategic issues, with an emphasis on contingency planning and the establishment of an appropriate management system. The aim of the research is to define and measure the impact of innovation and information resources on the business performance of companies, with particular attention to small and medium-sized enterprises (SMEs) that face various challenges. The research identified a statistically significant positive relationship between the analyzed variables, concluding that innovation, IC equipment, and an entrepreneurial strategic approach are linked to the business performance of companies.

In all the republics of the former Yugoslavia, including in the Republic of Serbia, property relations were highly dynamic, with the answer to the question of who held ownership rights frequently changing. In Serbia, among the last countries in the region, a systemic law regulating property restitution was only passed in 2011 – the Law on the Restitution of Confiscated Property and Compensation. This law, encompassing both substantive civil and procedural administrative law, introduces a special procedure for the return of confiscated property and compensation, in which, in certain areas, significant deviations from the general rules of administrative procedure are evident. This paper examines the specificities of the property restitution procedure as a special administrative procedure and highlights the key differences compared to the general administrative procedure.

This paper analyzes the legal position of the European Central Bank (ECB) within the context of contemporary social conditions, focusing on the ECB’s tendency to expand its competencies and the judicial evaluation of the current monetary legislation in the practice of the European Court of Justice (ECJ). In this sense, the paper analytically examines the concept and characteristics of monetary disputes, while exploring the ECB’s contribution to democratic monetary governance through respect for the rule of law. The author pays special attention to the ECB’s role in protecting human rights, specifically considering the trend towards a so-called “humane approach” to monetary management, which has significant consequences for the preservation of monetary stability as a public good. Using the dogmatic, comparative, and axiological methods, the author aims to highlight the main dilemmas in this area from the perspective of de lege lata and possibly offer certain guidelines for de lege ferenda.