Criminal responsibility means that the criminal offense can be personally charged to its perpetrator, the basic content of the principle of guilt is that there is no crime, no punishment without guilt - (nullum crimen, nulla poena sine culpa). A criminal offense may be committed by either an omission to act or a voluntary act, also a criminal offense may be committed by an individual, jointly with or through another person, regardless of whether that other person is criminally responsible. Criminal responsibility is the individual and subjective responsibility of the perpetrator and his action that meet the legal features of the criminal offense. Capable of guilt is the perpetrator who is responsible at the time when crime is committed. Further on, responsibility, implies a reciprocal relationship between two entities: the one who responds and the one to whom it is accountable. No one can be held accountable for his actions in front of himself, except in the form of responsibility in front of his conscience
刑事责任是指刑事犯罪可以由其行为人亲自承担，罪责原则的基本内容是无罪即无罪，无刑即无罪(nullum crimen, nulla poena sine culpa)。刑事犯罪可以是不作为或自愿行为，也可以是个人与他人共同或通过他人实施的刑事犯罪，而不管该人是否负有刑事责任。刑事责任是行为人及其行为所承担的符合刑事犯罪法律特征的个人责任和主观责任。有犯罪能力的人是在犯罪时负有责任的行为人。此外，责任意味着两个实体之间的互惠关系:作出反应的实体和对其负责的实体。没有人可以在自己面前为自己的行为负责，除非在自己的良心面前承担责任
{"title":"Determining guilt as an element of criminal offense","authors":"Getoar Lubeniqi, Dr.sc. Ismail Zejneli","doi":"10.21113/IIR.V11I1.613","DOIUrl":"https://doi.org/10.21113/IIR.V11I1.613","url":null,"abstract":"Criminal responsibility means that the criminal offense can be personally charged to its perpetrator, the basic content of the principle of guilt is that there is no crime, no punishment without guilt - (nullum crimen, nulla poena sine culpa). \u0000A criminal offense may be committed by either an omission to act or a voluntary act, also a criminal offense may be committed by an individual, jointly with or through another person, regardless of whether that other person is criminally responsible. \u0000Criminal responsibility is the individual and subjective responsibility of the perpetrator and his action that meet the legal features of the criminal offense. Capable of guilt is the perpetrator who is responsible at the time when crime is committed. \u0000Further on, responsibility, implies a reciprocal relationship between two entities: the one who responds and the one to whom it is accountable. No one can be held accountable for his actions in front of himself, except in the form of responsibility in front of his conscience","PeriodicalId":31358,"journal":{"name":"ILIRIA International Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47257428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The main objective of the study is to analyze a significant impact of financing on economic growth in Bangladesh. Besides, study has identified the impediment of financing on borrower perspective. From the data of last twenty years (FY 1999-2018), we have found that there is a significant gap between domestic financing and net foreign financing to contributions of economic growth in Bangladesh. To conduct quantitative analysis, we have used Correlation, regression, test of hypothesis and descriptive analysis in the paper. Primary and secondary data has been used in this paper. Primary data has been collected through structure questionnaires format from borrowers, investor, and businessmen. Secondary data has been collected from some economic reviews and journals. The results suggest that, if the government can overcome impediments of financing and make balance both the sources of financing, which will help more significantly in achieving targeted GDP in Bangladesh. The study will make available to the policy makers that how overcome the impediments of financing and which financing is more emphasis for achieving targeted level of GDP. At the end, have given some recommendations regarding overcome the impediments of financing and how to make the financing balance between the domestic financing and foreign financing to drive the economic growth by accelerating investment
{"title":"Impediments of financing and impact of domestic and foreign financing on economic growth in Bangladesh","authors":"Getoar Lubeniqi, MdAkhtaruzzaman Sarker","doi":"10.21113/IIR.V11I1.606","DOIUrl":"https://doi.org/10.21113/IIR.V11I1.606","url":null,"abstract":"The main objective of the study is to analyze a significant impact of financing on economic growth in Bangladesh. Besides, study has identified the impediment of financing on borrower perspective. From the data of last twenty years (FY 1999-2018), we have found that there is a significant gap between domestic financing and net foreign financing to contributions of economic growth in Bangladesh. To conduct quantitative analysis, we have used Correlation, regression, test of hypothesis and descriptive analysis in the paper. Primary and secondary data has been used in this paper. Primary data has been collected through structure questionnaires format from borrowers, investor, and businessmen. Secondary data has been collected from some economic reviews and journals. The results suggest that, if the government can overcome impediments of financing and make balance both the sources of financing, which will help more significantly in achieving targeted GDP in Bangladesh. The study will make available to the policy makers that how overcome the impediments of financing and which financing is more emphasis for achieving targeted level of GDP. At the end, have given some recommendations regarding overcome the impediments of financing and how to make the financing balance between the domestic financing and foreign financing to drive the economic growth by accelerating investment","PeriodicalId":31358,"journal":{"name":"ILIRIA International Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48556976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Motivation plays important role in success in any line of work, consequently in language learning as well. Motivation in language learning is closely related to the achievement of the students, because success in second language learning is not achievable without motivation. In order to determine motivation of the students in SLA researchers have developed different ways in order to determine the level of motivation among different types of students. This research paper aims to determine the components of motivation in learning English language among IUS students. The second aim of this research is to identify the components of learner preferences for specific classroom practices and activities among IUS students. The third aim of this research is to identify relationships between the components of motivation and preferred classroom learning activities among IUS students .In this particular research, researchers used qualitative methodology to obtain the results for this study. Smidth’s questionnaire was adopted and administered to 33 IUS students. The research findings indicated that extrinsic motivation (M = 34.15), was the highest motivational factor for the students. Expectation as a motivational factor (M = 26.4), was at the second place for the students. Motivational strenght with the M = 13.00 followed as the next motivational factor. Intrisic motivation (M = 12.97), stereotypical attitudes toward Americans & British (M = 12.15), personal psychological needs (M = 9.06) with their means as shown in the brackets were the least influential factors in students motivation.
{"title":"Foreign Language Motivation: A Case of IUS Students","authors":"Getoar Lubeniqi, sc. Almasa Mulalic","doi":"10.21113/IIR.V11I1.604","DOIUrl":"https://doi.org/10.21113/IIR.V11I1.604","url":null,"abstract":"Motivation plays important role in success in any line of work, consequently in language learning as well. Motivation in language learning is closely related to the achievement of the students, because success in second language learning is not achievable without motivation. In order to determine motivation of the students in SLA researchers have developed different ways in order to determine the level of motivation among different types of students. This research paper aims to determine the components of motivation in learning English language among IUS students. The second aim of this research is to identify the components of learner preferences for specific classroom practices and activities among IUS students. The third aim of this research is to identify relationships between the components of motivation and preferred classroom learning activities among IUS students .In this particular research, researchers used qualitative methodology to obtain the results for this study. Smidth’s questionnaire was adopted and administered to 33 IUS students. The research findings indicated that extrinsic motivation (M = 34.15), was the highest motivational factor for the students. Expectation as a motivational factor (M = 26.4), was at the second place for the students. Motivational strenght with the M = 13.00 followed as the next motivational factor. Intrisic motivation (M = 12.97), stereotypical attitudes toward Americans & British (M = 12.15), personal psychological needs (M = 9.06) with their means as shown in the brackets were the least influential factors in students motivation.","PeriodicalId":31358,"journal":{"name":"ILIRIA International Review","volume":"11 1","pages":"11-28"},"PeriodicalIF":0.0,"publicationDate":"2021-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49329466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article intends to introduce Livestock Banking as an innovative idea that aims at addressing problems pertinent to recurrent drought among the Borana pastoralists in Southern Ethiopia. Borana are pastoralists whose livelihood is dependent on cattle economy. However, pastoralism among the Borana have been under serious pressure from both manmade and natural factors. Some of these factors are recurrent drought and ever degradation of rangeland, the introduction and expansion of farming at the expense of pastoralism, inter-ethnic conflict, neighbours’ annexation over Borana rangeland, government induced development interventions with unforeseen negative effects. The idea of Livestock Banking is, thus, designed to build resilience of the communities against the effect of recurrent drought. This innovative idea is initiated based on the Resilient Africa Network (RAN) call for proposals. In the context of this innovative idea, Livestock Banking refers to a community oriented business organization that keeps, exchanges and produces livestock, invests in improving livestock productivity and marketability, loans live animals and gives it back with profit in cash or in kind when the depositor requests. The bank will also serve as local insurance agent against effects of the re-current drought based on climate forecast. It will participate in preserving best livestock breed and distribute to individual herders up on requests; participate in livestock feed and fodder production; provide veterinary services and trainings to produce professionals in livestock production; have animal product processing factories, invest in livestock fattening, sell quality animal products to international and national markets. Currently, the piloting project of this innovative idea is ongoing.
{"title":"Livestock Banking as Innovative Response to Effects of Recurrent Drought in Pastoralist Communities: the case of Borana, Ethiopia","authors":"Sc. Dejene Gemechu, C. N. Jibat, C. G. Abashula","doi":"10.21113/IIR.V10I2.579","DOIUrl":"https://doi.org/10.21113/IIR.V10I2.579","url":null,"abstract":"This article intends to introduce Livestock Banking as an innovative idea that aims at addressing problems pertinent to recurrent drought among the Borana pastoralists in Southern Ethiopia. Borana are pastoralists whose livelihood is dependent on cattle economy. However, pastoralism among the Borana have been under serious pressure from both manmade and natural factors. Some of these factors are recurrent drought and ever degradation of rangeland, the introduction and expansion of farming at the expense of pastoralism, inter-ethnic conflict, neighbours’ annexation over Borana rangeland, government induced development interventions with unforeseen negative effects. The idea of Livestock Banking is, thus, designed to build resilience of the communities against the effect of recurrent drought. This innovative idea is initiated based on the Resilient Africa Network (RAN) call for proposals. In the context of this innovative idea, Livestock Banking refers to a community oriented business organization that keeps, exchanges and produces livestock, invests in improving livestock productivity and marketability, loans live animals and gives it back with profit in cash or in kind when the depositor requests. The bank will also serve as local insurance agent against effects of the re-current drought based on climate forecast. It will participate in preserving best livestock breed and distribute to individual herders up on requests; participate in livestock feed and fodder production; provide veterinary services and trainings to produce professionals in livestock production; have animal product processing factories, invest in livestock fattening, sell quality animal products to international and national markets. Currently, the piloting project of this innovative idea is ongoing.","PeriodicalId":31358,"journal":{"name":"ILIRIA International Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45837070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As a result of weakening of the Ottoman Empire, Egypt was weakened in both economic and political aspect, beginning from year 1801, when the English expelled the French from the country, Egypt was continuously a prey of imperialist objectives. As a result of deepening dependency from abroad, the Egyptian economy was in the hands of foreign companies, the army and few local cooperatives. The decreasing number of the middle class made most of the population to fall into extreme poverty. The imperialist invasion and unsuccessful result of the modernist and secular thought of the constitution in 1921 was a reason for the growth and development of political Islam. Jamaluddin Afghani and Mohammed Abduh are two thinkers who influenced for the birth of political Islam in Egypt and its’ positioning in an ideological frame. Political Islam, since the second half of the 19th century has begun to grow, as a result of the application of the European model of a nation-state and as a result of the depravity of the politics of the dynasty that used to rule the country (Zubaida, 2011:73). The despair that was felt by the population as a result of the fail of political and economic experiments, as well as the gap created in the governance, prepared the ground for development of Islamic movements, and one of them was the IBM. This situation is the first critical point that influenced the growth of political Islam in Egypt.
{"title":"The growth of Political Islam in Egypt (The Islamic Brotherhood Movement – IBM as a model)","authors":"sc. Islam Islami, S. Ali, C. A. Qose","doi":"10.21113/IIR.V10I2.591","DOIUrl":"https://doi.org/10.21113/IIR.V10I2.591","url":null,"abstract":"As a result of weakening of the Ottoman Empire, Egypt was weakened in both economic and political aspect, beginning from year 1801, when the English expelled the French from the country, Egypt was continuously a prey of imperialist objectives. As a result of deepening dependency from abroad, the Egyptian economy was in the hands of foreign companies, the army and few local cooperatives. The decreasing number of the middle class made most of the population to fall into extreme poverty. The imperialist invasion and unsuccessful result of the modernist and secular thought of the constitution in 1921 was a reason for the growth and development of political Islam. Jamaluddin Afghani and Mohammed Abduh are two thinkers who influenced for the birth of political Islam in Egypt and its’ positioning in an ideological frame. Political Islam, since the second half of the 19th century has begun to grow, as a result of the application of the European model of a nation-state and as a result of the depravity of the politics of the dynasty that used to rule the country (Zubaida, 2011:73). The despair that was felt by the population as a result of the fail of political and economic experiments, as well as the gap created in the governance, prepared the ground for development of Islamic movements, and one of them was the IBM. This situation is the first critical point that influenced the growth of political Islam in Egypt.","PeriodicalId":31358,"journal":{"name":"ILIRIA International Review","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67851008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Asymmetric information is characteristic of many situations in business. As a rule, the seller of a product knows more about its quality than the buyer. Workers know their skills and better skills than employers. And managers know them better skills than the owners of enterprises. Asymmetric information explains many institutional rules in our society. This concept makes it clear why the car companies offer warranties and services for new models; although firms and employees connect and reward incentive contracts; although corporate shareholders should monitor the behavior of managers. Asymmetric information is the uneven distribution of information about the product between the parties to the transaction. The situation of asymmetric information arises in the process of entering contracts or transactions, where individual participants important information that have direct connection with the subject of the contract, transaction, which the other participants do not possess. There are some major problems that appear in the financial markets due to information asymmetries: - the problem of adverse selection; - the problem of dishonesty risk; - the problem of costly state verification. For example, in the case of securities based on mortgage, the problem of information asymmetry is manifested in the fact that their issuer has more information than the investor about the quality of the securities offered and mortgage loans behind them. Lack of enough information on securities based on mortgage between investors may make them reluctant to buy securities or require an increase in the securities yield as compensation for risk.
{"title":"Problems of asymmetric information and their impact in the economy","authors":"Sc. Arjeta Hallunovi","doi":"10.21113/IIR.V10I2.580","DOIUrl":"https://doi.org/10.21113/IIR.V10I2.580","url":null,"abstract":"Asymmetric information is characteristic of many situations in business. As a rule, the seller of a product knows more about its quality than the buyer. Workers know their skills and better skills than employers. And managers know them better skills than the owners of enterprises. Asymmetric information explains many institutional rules in our society. This concept makes it clear why the car companies offer warranties and services for new models; although firms and employees connect and reward incentive contracts; although corporate shareholders should monitor the behavior of managers. Asymmetric information is the uneven distribution of information about the product between the parties to the transaction. The situation of asymmetric information arises in the process of entering contracts or transactions, where individual participants important information that have direct connection with the subject of the contract, transaction, which the other participants do not possess. There are some major problems that appear in the financial markets due to information asymmetries: - the problem of adverse selection; - the problem of dishonesty risk; - the problem of costly state verification. For example, in the case of securities based on mortgage, the problem of information asymmetry is manifested in the fact that their issuer has more information than the investor about the quality of the securities offered and mortgage loans behind them. Lack of enough information on securities based on mortgage between investors may make them reluctant to buy securities or require an increase in the securities yield as compensation for risk.","PeriodicalId":31358,"journal":{"name":"ILIRIA International Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42570270","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Interregional links in their complexity within the human activity have been historically conditioned by economic factors, either in the form of exploitation or the exchange of material goods. Kosovo is among the countries that have provided optimal conditions for the use of natural resources, while with the Adriatic area there has been a certain direction of economic relations since the most ancient periods. Links between Kosovo and the Adriatic have been of varying intensity through history, but particularly have been pronounced in periods of involvement in political and administrative units, such as the Roman, Byzantine and Ottoman Empires. Since it was known as a name, in the Middle Ages, Kosovo has not encompassed the same territory that exists today. Kosovo's economic and trade relations with the Adriatic had a specific development during the Ottoman period, which lasted more than five centuries in Europe, from the 14 th to the beginning of the 20 th century. As a specific mode of commercial activity, the caravans and land routes they followed played an important role until the end of the 19 th century
{"title":"Trade between Kosovo and South Adriatic in the Ottoman period","authors":"C. T. Kastrati","doi":"10.21113/IIR.V10I2.585","DOIUrl":"https://doi.org/10.21113/IIR.V10I2.585","url":null,"abstract":"Interregional links in their complexity within the human activity have been historically conditioned by economic factors, either in the form of exploitation or the exchange of material goods. Kosovo is among the countries that have provided optimal conditions for the use of natural resources, while with the Adriatic area there has been a certain direction of economic relations since the most ancient periods. Links between Kosovo and the Adriatic have been of varying intensity through history, but particularly have been pronounced in periods of involvement in political and administrative units, such as the Roman, Byzantine and Ottoman Empires. Since it was known as a name, in the Middle Ages, Kosovo has not encompassed the same territory that exists today. Kosovo's economic and trade relations with the Adriatic had a specific development during the Ottoman period, which lasted more than five centuries in Europe, from the 14 th to the beginning of the 20 th century. As a specific mode of commercial activity, the caravans and land routes they followed played an important role until the end of the 19 th century","PeriodicalId":31358,"journal":{"name":"ILIRIA International Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42666606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Legal Assistance is the assurance of efficiency in the form of procedural developments by the state authorities, respectively, the state that implements the procedural actions at the request of the other state pursuing civil proceedings with a foreign element. By providing international legal assistance, states contribute to a stable, democratic area and sustainable development in the commitment to share achievements in conducting procedural actions across borders. The objective of the paper is to reflect the progress of the state conducting the requesting state procedure as well as to try to improve and promote cross-border judicial cooperation in the beneficiary countries to investigate and prosecute cross-border crime. Regarding to this paper will also reach the initial delays in cross-border cooperation with practical examples, the time element and the international element. The main advantage of international legal assistance is the opportunity and ability to share information, the rules of use and exchange of information and evidence through formal requirements, and why not and an ongoing avant-garde communication between relevant institutions or bodies. (Using technology platforms, greater collaboration between countries takes place. Through different real-time communication applications, information is obtained, which although may be in different countries, provides the same quality of service between organs. One thing such will undoubtedly increase confidence in institutions, procedure processes and parties wherever they are)
{"title":"Competences of the Ministry of Justice in Providing International Legal Assistance","authors":"sc. Bekim Nuhija, Msc. Rilinda Maqellara","doi":"10.21113/IIR.V10I2.589","DOIUrl":"https://doi.org/10.21113/IIR.V10I2.589","url":null,"abstract":"Legal Assistance is the assurance of efficiency in the form of procedural developments by the state authorities, respectively, the state that implements the procedural actions at the request of the other state pursuing civil proceedings with a foreign element. By providing international legal assistance, states contribute to a stable, democratic area and sustainable development in the commitment to share achievements in conducting procedural actions across borders. The objective of the paper is to reflect the progress of the state conducting the requesting state procedure as well as to try to improve and promote cross-border judicial cooperation in the beneficiary countries to investigate and prosecute cross-border crime. Regarding to this paper will also reach the initial delays in cross-border cooperation with practical examples, the time element and the international element. The main advantage of international legal assistance is the opportunity and ability to share information, the rules of use and exchange of information and evidence through formal requirements, and why not and an ongoing avant-garde communication between relevant institutions or bodies. (Using technology platforms, greater collaboration between countries takes place. Through different real-time communication applications, information is obtained, which although may be in different countries, provides the same quality of service between organs. One thing such will undoubtedly increase confidence in institutions, procedure processes and parties wherever they are)","PeriodicalId":31358,"journal":{"name":"ILIRIA International Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44117002","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Dispute Adjudication Boards (DABs) can be categorized as form of alternative dispute resolution methods, or more specifically they can fall under the generic category of adjudication. They originate from the USA, presented for the large civil engineering projects in 1960s. At a later stage they were introduced as mandatory under the International Organization of Consulting Engineers ( FIDIC) 1999 edition. Currently, the FIDIC forms of contracts provide for standing and ad hoc DABs, slowly shifting to standing by default, comprised of one or three members. The DAB member(s) have broad authorities, including the inquisitorial powers, the possibility to inspect and make insight of the construction site. The procedure in front of the DAB has many similarities with the arbitration procedure, especially in the preparation and filing of the written submissions. The same can be said for conducting the hearings, the order of presenting the arguments at the hearings, the proposal and questioning of witnesses. However, the DABs timeline is denser, and the DAB is free to determine its procedural rules and the parties are free to agree on certain procedural aspects. The benefit of the DABs can be described as a means of resolving disputes by avoiding cost, time and inflexibility. The main dilemma which will be addressed in this Article is whether the DABs are suitable for solving more complex construction disputes. In that respect the DAB in more complex disputes is a “preface” of the arbitration to come, or as the new 2017 FIDIC edition states “condition precedent to arbitration”
{"title":"The role and function of the dispute adjudication board (dab) in the fidic forms of contracts","authors":"sc. Ana Pepeljugoska Kostovska","doi":"10.21113/IIR.V10I2.588","DOIUrl":"https://doi.org/10.21113/IIR.V10I2.588","url":null,"abstract":"Dispute Adjudication Boards (DABs) can be categorized as form of alternative dispute resolution methods, or more specifically they can fall under the generic category of adjudication. They originate from the USA, presented for the large civil engineering projects in 1960s. At a later stage they were introduced as mandatory under the International Organization of Consulting Engineers ( FIDIC) 1999 edition. Currently, the FIDIC forms of contracts provide for standing and ad hoc DABs, slowly shifting to standing by default, comprised of one or three members. The DAB member(s) have broad authorities, including the inquisitorial powers, the possibility to inspect and make insight of the construction site. The procedure in front of the DAB has many similarities with the arbitration procedure, especially in the preparation and filing of the written submissions. The same can be said for conducting the hearings, the order of presenting the arguments at the hearings, the proposal and questioning of witnesses. However, the DABs timeline is denser, and the DAB is free to determine its procedural rules and the parties are free to agree on certain procedural aspects. The benefit of the DABs can be described as a means of resolving disputes by avoiding cost, time and inflexibility. The main dilemma which will be addressed in this Article is whether the DABs are suitable for solving more complex construction disputes. In that respect the DAB in more complex disputes is a “preface” of the arbitration to come, or as the new 2017 FIDIC edition states “condition precedent to arbitration”","PeriodicalId":31358,"journal":{"name":"ILIRIA International Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46526910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Migrant smuggling today has taken on the dimensions of the global phenomenon by being present almost in all countries and continents, regardless of whether they are countries of their origin, transit or a destination. Nevertheless, the presence of this form of crime is also present in Kosovo, hence this is the object of this paper. In this paper, the international police co-operation in the migrant smuggling investigation cases in Kosovo is concretely considered as a multidimensional and complex problem. However, the challenges, and problems that Kosovo faces in the realization of the international police cooperation is also examined, given the fact that it is the not yet part of some international regional and global mechanisms dealing with the prevention and combating of organized crime. Treating migrant smuggling cases from a scientific point of the view requires more in-depth study and an elaboration of the literature that exists nowadays on this issue. Thus, through this paper is presented the assessment and the analysis of 31 investigated cases of the migrant smuggling from the Kosovo police for the time period 2011-2015 with the emphasis on the manner of the realization of the international police cooperation during the investigation of these cases. At the very end of this paper, based on the findings of the research, and the analysis performed, recommendations are issued, the implementation of which in the practice would increase the efficiency of the police in detecting, and combating migrant smuggling in Kosovo
{"title":"International police cooperation in investigating cases of smuggling of migrants in Kosovo","authors":"sc. Rrahman Sylejmani, C. E. Maloku","doi":"10.21113/IIR.V10I2.587","DOIUrl":"https://doi.org/10.21113/IIR.V10I2.587","url":null,"abstract":"Migrant smuggling today has taken on the dimensions of the global phenomenon by being present almost in all countries and continents, regardless of whether they are countries of their origin, transit or a destination. Nevertheless, the presence of this form of crime is also present in Kosovo, hence this is the object of this paper. In this paper, the international police co-operation in the migrant smuggling investigation cases in Kosovo is concretely considered as a multidimensional and complex problem. However, the challenges, and problems that Kosovo faces in the realization of the international police cooperation is also examined, given the fact that it is the not yet part of some international regional and global mechanisms dealing with the prevention and combating of organized crime. Treating migrant smuggling cases from a scientific point of the view requires more in-depth study and an elaboration of the literature that exists nowadays on this issue. Thus, through this paper is presented the assessment and the analysis of 31 investigated cases of the migrant smuggling from the Kosovo police for the time period 2011-2015 with the emphasis on the manner of the realization of the international police cooperation during the investigation of these cases. At the very end of this paper, based on the findings of the research, and the analysis performed, recommendations are issued, the implementation of which in the practice would increase the efficiency of the police in detecting, and combating migrant smuggling in Kosovo","PeriodicalId":31358,"journal":{"name":"ILIRIA International Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45210974","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：