The activities of institutions have proven to be extremely important in achieving the economic growth and development of national economies. In addition, observed imbalances within the national economy can be minimized due to the contribution of institutions. Therefore, it is necessary to detect opportunities and activities that could, due to adequate institutional implementation, promote the development of a certain area. In the Republic of Croatia, in general, there is a low level of stimulating environment for small and medium sized enterprises as one of the economy drivers. Besides, the parts of the Republic of Croatia in which the primary sector predominates are generally much less developed (for instance, counties of Eastern Croatia). The aim of this paper is to examine the role and importance of institutions on economic development. In addition, it aims at detecting and describing the institutional obstacles in promotion of small and medium enterprises as well as in presenting the selected examples of missed institutional promotion within the primary sector, as an economic branch most represented in the parts of the Republic of Croatia whose development is much lower than the average or even the lowest. The paper predominantly uses theoretical descriptive methods with additional data given in order to confirm mentioned obstacles within the small and medium enterprises and primary sector.
{"title":"INSTITUTITONS AND ECONOMIC DEVELOPMENT: THEORETHICAL PERSPECTIVE OF MISSED INSTITUTIONAL SUPPORT IN THE REPUBLIC OF CROATIA","authors":"K. Marošević, Lorela Vukovac","doi":"10.25234/pv/12250","DOIUrl":"https://doi.org/10.25234/pv/12250","url":null,"abstract":"The activities of institutions have proven to be extremely important in achieving the economic growth and development of national economies. In addition, observed imbalances within the national economy can be minimized due to the contribution of institutions. Therefore, it is necessary to detect opportunities and activities that could, due to adequate institutional implementation, promote the development of a certain area. In the Republic of Croatia, in general, there is a low level of stimulating environment for small and medium sized enterprises as one of the economy drivers. Besides, the parts of the Republic of Croatia in which the primary sector predominates are generally much less developed (for instance, counties of Eastern Croatia). The aim of this paper is to examine the role and importance of institutions on economic development. In addition, it aims at detecting and describing the institutional obstacles in promotion of small and medium enterprises as well as in presenting the selected examples of missed institutional promotion within the primary sector, as an economic branch most represented in the parts of the Republic of Croatia whose development is much lower than the average or even the lowest. The paper predominantly uses theoretical descriptive methods with additional data given in order to confirm mentioned obstacles within the small and medium enterprises and primary sector.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49319587","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 end of the two great world wars and the disappearance of the current political regimes have resulted in the creation of new states in the international order. With the collapse of multinational states and awakening of national consciousness, the aspirations of peoples for their own national states started to appear. Requirements for self-determination resulted primarily from the decolonization process, but also as a reflection of political relations in the post-war Europe. At the end of the First World War, there were events and people contributing to the development of rights of the people to self-determination and helping the oppressed nations in achieving their aspirations to decide their own destiny within their own national states. On the one hand, there were the workers’ self-determination and revolution in Russia as essential elements in the development of the right to self-determination in the political principle and Lenin's attitudes on self-determination. On the other hand, there were fourteen points and US President Woodrow Wilson with his views on the right to self-determination.
{"title":"POVIJESNI RAZVOJ PRAVA NA SAMOODREĐENJE IZMEĐU DVA RATA - LENJIN VS. WILSON","authors":"Sanja Bježančević","doi":"10.25234/pv/12791","DOIUrl":"https://doi.org/10.25234/pv/12791","url":null,"abstract":"The end of the two great world wars and the disappearance of the current political regimes have resulted in the creation of new states in the international order. With the collapse of multinational states and awakening of national consciousness, the aspirations of peoples for their own national states started to appear. Requirements for self-determination resulted primarily from the decolonization process, but also as a reflection of political relations in the post-war Europe. At the end of the First World War, there were events and people contributing to the development of rights of the people to self-determination and helping the oppressed nations in achieving their aspirations to decide their own destiny within their own national states. On the one hand, there were the workers’ self-determination and revolution in Russia as essential elements in the development of the right to self-determination in the political principle and Lenin's attitudes on self-determination. On the other hand, there were fourteen points and US President Woodrow Wilson with his views on the right to self-determination.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43213126","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}
In the Roman legal tradition, but also in modern civil law systems, the term commorientes (lat. commorientes) refers to persons who died in the same accident or other danger, standing in a legal position relevant to inheritance law. In connection with the resolution of such situations in the theory of private law, various legal presumptions have been developed since the period of classical Roman law. All these presumptions can be systematized within two basic concepts - the first based on the presumption of survival of subjects and the second based on the presumption of the simultaneous death of subjects. Comparatively, in the development of European private law, there has been a reception of both concepts, with the proviso that over time the concept of simultaneity will almost completely suppress the concept of survival. The paper analyzes the reasons for this. In establishing a link between Roman roots and European private law, special attention is given to the possibility of applying presumptions in cases where there is a certain spatial or temporal distance between the deaths of persons or if a different cause has led to fatal consequences. Ultimately, the paper clearly points to the importance of Roman rules, which can sometimes be fundamental in understanding the institutes of contemporary private law.
{"title":"O AKTUALNOSTI CASUUM COMMORIENTIUM U RIMSKOM I SUVREMENOM EUROPSKOM PRIVATNOM PRAVU","authors":"Mirza Hebib","doi":"10.25234/pv/14341","DOIUrl":"https://doi.org/10.25234/pv/14341","url":null,"abstract":"In the Roman legal tradition, but also in modern civil law systems, the term commorientes (lat. commorientes) refers to persons who died in the same accident or other danger, standing in a legal position relevant to inheritance law. In connection with the resolution of such situations in the theory of private law, various legal presumptions have been developed since the period of classical Roman law. All these presumptions can be systematized within two basic concepts - the first based on the presumption of survival of subjects and the second based on the presumption of the simultaneous death of subjects. Comparatively, in the development of European private law, there has been a reception of both concepts, with the proviso that over time the concept of simultaneity will almost completely suppress the concept of survival. The paper analyzes the reasons for this. In establishing a link between Roman roots and European private law, special attention is given to the possibility of applying presumptions in cases where there is a certain spatial or temporal distance between the deaths of persons or if a different cause has led to fatal consequences. Ultimately, the paper clearly points to the importance of Roman rules, which can sometimes be fundamental in understanding the institutes of contemporary private law.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43229302","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 paper deals with the issue of using genetic tests for insurance purposes. After introductory remarks, the paper provides an overview of various international and European legal sources both on data protection in general, and on the protection of data from genetic tests. The paper then researches into different solutions proposed by comparative law concerning the use of data from genetic tests for insurance purposes. Some solutions explicitly ban the use of genetic tests for insurance purposes (France, Austria, Portugal, Croatia), while others adopt a more liberal approach, allowing for its use (the USA, the UK, Germany). It is concluded that personal data protection does not exclude the possibility using data from genetic tests for insurance purposes, which proves the need for a common EU approach to the issue.
{"title":"IZAZOVI PRAVNOG UREĐENJA UPOTREBE OSOBNIH PODATAKA IZ GENSKIH TESTOVA U SVRHU OSIGURANJA","authors":"Maja Bukovac Puvača, Loris Bealnić","doi":"10.25234/pv/14875","DOIUrl":"https://doi.org/10.25234/pv/14875","url":null,"abstract":"The paper deals with the issue of using genetic tests for insurance purposes. After introductory remarks, the paper provides an overview of various international and European legal sources both on data protection in general, and on the protection of data from genetic tests. The paper then researches into different solutions proposed by comparative law concerning the use of data from genetic tests for insurance purposes. Some solutions explicitly ban the use of genetic tests for insurance purposes (France, Austria, Portugal, Croatia), while others adopt a more liberal approach, allowing for its use (the USA, the UK, Germany). It is concluded that personal data protection does not exclude the possibility using data from genetic tests for insurance purposes, which proves the need for a common EU approach to the issue.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48193359","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 utility model is a new form for the protection of inventions introduced in the Croatian law by the Patent Act of 2020. It entitles the utility model owner to exclusive right to use and dispose of the invention that is the subject of protection from the date of publication of the utility model registration. The utility model protection validity is ten years from the date of submission of the utility model application, with the payment of the annual maintenance fee. The utility model registration procedure is initiated by a special application. The State Intellectual Property Office examines its conformity with the law and does not examine the novelty, inventive step and industrial applicability of the invention. It does not compose the search report of the state of the art. Certain inventions cannot be protected by the utility model. The Patent Act allows branching off a utility model application from a patent application for the same invention. It also allows conversion of the patent application to a utility model application and vice versa. The utility model owner may request a full examination of the protected invention by the State Intellectual Property Office and conversion of the utility model into a patent. This request may be submitted no later than the end of the seventh year of the validity of the utility model protection. Third parties may request the declaration of nullity of the utility model during the whole period of its validity. The utility model owner is not entitled to sue the persons who infringe his exclusive rights.
{"title":"UPORABNI MODEL KAO NOVI OBLIK ZAŠTITE IZUMA","authors":"Dionis Jurić","doi":"10.25234/pv/14881","DOIUrl":"https://doi.org/10.25234/pv/14881","url":null,"abstract":"The utility model is a new form for the protection of inventions introduced in the Croatian law by the Patent Act of 2020. It entitles the utility model owner to exclusive right to use and dispose of the invention that is the subject of protection from the date of publication of the utility model registration. The utility model protection validity is ten years from the date of submission of the utility model application, with the payment of the annual maintenance fee. The utility model registration procedure is initiated by a special application. The State Intellectual Property Office examines its conformity with the law and does not examine the novelty, inventive step and industrial applicability of the invention. It does not compose the search report of the state of the art. Certain inventions cannot be protected by the utility model. The Patent Act allows branching off a utility model application from a patent application for the same invention. It also allows conversion of the patent application to a utility model application and vice versa. The utility model owner may request a full examination of the protected invention by the State Intellectual Property Office and conversion of the utility model into a patent. This request may be submitted no later than the end of the seventh year of the validity of the utility model protection. Third parties may request the declaration of nullity of the utility model during the whole period of its validity. The utility model owner is not entitled to sue the persons who infringe his exclusive rights.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48760887","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 paper discusses the issues of the contents and the significance of Ulpian’s text D. 19, 2, 9, 3 within a wider context of allocation of risk in lease agreements and the place of fire, conflagration (incendium) among the different forms of vis maior in Roman legal sources. Considering the problem of subsequent impossibility of performance in locatio conductio (rei), D. 19, 2, 9, 3 stands out as the one mentioning periculum in relation to locatio fundi, however, it is burdened by different interpretations. The analysis in the article starts with the D. 19, 2, 9, 3 and then continues setting it in the context of other related texts in which the Roman jurists dealt with the problem of fire in lease agreements. The conclusion is drawn on the probable changes in the text as well as on the function of the term fortuitus casus in the line of the texts dealing with fire. It emphasizes the connection between fire (ignis) and conflagration (incendium) marked by the words fortuitus casus, which would show a differentiated approach to incendium as a form and an example of vis maior.
{"title":"IGNIS, INCENDIUM, FORTUITUS CASUS – D. 19, 2, 9, 3 I OPASNOST ŠTETE OD POŽARA KOD LOCATIO FUNDI","authors":"Tomislav Karlović","doi":"10.25234/pv/15430","DOIUrl":"https://doi.org/10.25234/pv/15430","url":null,"abstract":"The paper discusses the issues of the contents and the significance of Ulpian’s text D. 19, 2, 9, 3 within a wider context of allocation of risk in lease agreements and the place of fire, conflagration (incendium) among the different forms of vis maior in Roman legal sources. Considering the problem of subsequent impossibility of performance in locatio conductio (rei), D. 19, 2, 9, 3 stands out as the one mentioning periculum in relation to locatio fundi, however, it is burdened by different interpretations. The analysis in the article starts with the D. 19, 2, 9, 3 and then continues setting it in the context of other related texts in which the Roman jurists dealt with the problem of fire in lease agreements. The conclusion is drawn on the probable changes in the text as well as on the function of the term fortuitus casus in the line of the texts dealing with fire. It emphasizes the connection between fire (ignis) and conflagration (incendium) marked by the words fortuitus casus, which would show a differentiated approach to incendium as a form and an example of vis maior.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48072276","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}
Regardless of the earlier assumptions about the obsolescence of the classic federal theory, the paper emphasizes the contemporary significance and relevance of federalism. Europe is the epicentre of modern federalization processes, not only when it comes to the European Union, but also a number of European countries such as Belgium, Spain and the United Kingdom. The paper points out the fundamental distinction between the classic and modern federalism, which has its origin in the fact that federal systems 'arise' differently as a result of opposite processes of federalization and that in this sense we can distinguish between classic “integrative” and modern “devolutive” federalism. The basic assumptions of the paper are that 1) these two federalism patterns originally differ in the character of the basic constitutive act of the federal union with regard to the subject of creating a federation, and 2) because contemporary federations are “federal states without a federal foundation” this difference is not noticeable today. On the contrary, it has largely disappeared, and in this way, the difference between classic and modern federalism is actually bridged.
{"title":"MI, NAROD FEDERACIJE! USTAVOTVORNA VLAST U KLASIČNIM I SUVREMENIM FEDERACIJAMA","authors":"Robert Podolnjak","doi":"10.25234/PV/11582","DOIUrl":"https://doi.org/10.25234/PV/11582","url":null,"abstract":"Regardless of the earlier assumptions about the obsolescence of the classic federal theory, the paper emphasizes the contemporary significance and relevance of federalism. Europe is the epicentre of modern federalization processes, not only when it comes to the European Union, but also a number of European countries such as Belgium, Spain and the United Kingdom. The paper points out the fundamental distinction between the classic and modern federalism, which has its origin in the fact that federal systems 'arise' differently as a result of opposite processes of federalization and that in this sense we can distinguish between classic “integrative” and modern “devolutive” federalism. The basic assumptions of the paper are that 1) these two federalism patterns originally differ in the character of the basic constitutive act of the federal union with regard to the subject of creating a federation, and 2) because contemporary federations are “federal states without a federal foundation” this difference is not noticeable today. On the contrary, it has largely disappeared, and in this way, the difference between classic and modern federalism is actually bridged.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43832367","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 European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.
{"title":"NEPRUŽANJE ZDRAVSTVENE SKRBI KAO POVREDA ČLANKA 3. EUROPSKE KONVENCIJE S POSEBNIM OSVRTOM NA PRAKSU SUDA U PREDMETIMA IZVAN KONTEKSTA ZADRŽAVANJA","authors":"Maša Marochini Zrinski, Karin Derenčin Vukušić","doi":"10.25234/PV/12003","DOIUrl":"https://doi.org/10.25234/PV/12003","url":null,"abstract":"The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44803039","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}
Competition and state aid rules are not applicable to compulsory health insurance in the Republic of Croatia, since the latter does not constitute an economic activity as defined by EU law. On the other hand, complementary health insurance, as established in Croatia, constitutes an economic activity, due to the existence of real competition between undertakings. The illustrated situation with competition in complementary health insurance market allows for the statement that special rules applicable to Croatian Health Insurance Fund (HZZO) provide the latter with a privileged position when compared to its private competitors to whom these rules do not apply. Moreover, this privileged position is strengthened by the fact that HZZO, as a legal monopolist within the sphere of compulsory health insurance, utilizes respective infrastructure in the field of complementary health insurance, which enables it to reduce expenses to the detriment of its private competitors lacking such a privilege. A solution for the described situation could be for the state to establish a separate entity to provide complementary health insurance. This entity would have to provide open enrolment and community rating, regardless of age, sex or health of the insured persons. In order to prevent private competitors from jeopardising the exercise of service of general economic interest by taking over only the insured persons with a more favourable risk profile, a risk equalisation scheme would have to be set up. This would result in a transfer of funds from insurers with a favourable risk profile to those with an unfavourable risk profile on basis of objective and clear criteria, thereby making it possible for the latter to provide service to the higher-risk insured persons like the elderly and the ones with chronic illnesses. In this way, a balance between the necessity to provide a service of general economic interest to all insured persons, including those with a higher risk, and competition on the EU internal market, would be struck.
{"title":"PRAVILA EUROPSKE UNIJE O TRŽIŠNOM NATJECANJU I DRŽAVNIM POTPORAMA I DOPUNSKO ZDRAVSTVENO OSIGURANJE U REPUBLICI HRVATSKOJ: KRIVO SRASTANJE?","authors":"Tomislav Sokol, Frane Staničić","doi":"10.25234/PV/11269","DOIUrl":"https://doi.org/10.25234/PV/11269","url":null,"abstract":"Competition and state aid rules are not applicable to compulsory health insurance in the Republic of Croatia, since the latter does not constitute an economic activity as defined by EU law. On the other hand, complementary health insurance, as established in Croatia, constitutes an economic activity, due to the existence of real competition between undertakings. The illustrated situation with competition in complementary health insurance market allows for the statement that special rules applicable to Croatian Health Insurance Fund (HZZO) provide the latter with a privileged position when compared to its private competitors to whom these rules do not apply. Moreover, this privileged position is strengthened by the fact that HZZO, as a legal monopolist within the sphere of compulsory health insurance, utilizes respective infrastructure in the field of complementary health insurance, which enables it to reduce expenses to the detriment of its private competitors lacking such a privilege. A solution for the described situation could be for the state to establish a separate entity to provide complementary health insurance. This entity would have to provide open enrolment and community rating, regardless of age, sex or health of the insured persons. In order to prevent private competitors from jeopardising the exercise of service of general economic interest by taking over only the insured persons with a more favourable risk profile, a risk equalisation scheme would have to be set up. This would result in a transfer of funds from insurers with a favourable risk profile to those with an unfavourable risk profile on basis of objective and clear criteria, thereby making it possible for the latter to provide service to the higher-risk insured persons like the elderly and the ones with chronic illnesses. In this way, a balance between the necessity to provide a service of general economic interest to all insured persons, including those with a higher risk, and competition on the EU internal market, would be struck.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45515290","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}
International investment arbitration as an alternative dispute resolution mechanism for resolving disputes between foreign investors and host states is also a favourite dispute resolution for investors. It consist of three parts, all of which can be resolved separately. These are jurisdiction, merits and damages. Consequently, it is possible for a tribunal to render one, two or even three arbitral awards, depending on the tribunal decision to bifurcate/trifurcate the proceedings or not. This shows the complexity of each of the stages of the arbitration proceeding. The paper deals with the issue of reparation, specifically compensation for damage caused as the main form of reparation for damage. It gives an overview of the legal issues affecting the amount of awarded damages, the main methods for calculating damages, as well as the applicable case-law and statistics in relation to the legal issues and calculating methods. The paper argues that only a proactive and inclusive approach in respect to determining damages including a detailed fact analysis for legal qualification of the dispute and determination of the best damages assessment methods, can give satisfactory results.
{"title":"ODREĐIVANJE VISINE NAKNADE ŠTETE U MEĐUNARODNOJ INVESTICIJSKOJ ARBITRAŽI S OBZIROM NA UTVRĐENU POVREDU I METODU IZRAČUNA","authors":"Jadranka Osrečak","doi":"10.25234/PV/10178","DOIUrl":"https://doi.org/10.25234/PV/10178","url":null,"abstract":"International investment arbitration as an alternative dispute resolution mechanism for resolving disputes between foreign investors and host states is also a favourite dispute resolution for investors. It consist of three parts, all of which can be resolved separately. These are jurisdiction, merits and damages. Consequently, it is possible for a tribunal to render one, two or even three arbitral awards, depending on the tribunal decision to bifurcate/trifurcate the proceedings or not. This shows the complexity of each of the stages of the arbitration proceeding. The paper deals with the issue of reparation, specifically compensation for damage caused as the main form of reparation for damage. It gives an overview of the legal issues affecting the amount of awarded damages, the main methods for calculating damages, as well as the applicable case-law and statistics in relation to the legal issues and calculating methods. The paper argues that only a proactive and inclusive approach in respect to determining damages including a detailed fact analysis for legal qualification of the dispute and determination of the best damages assessment methods, can give satisfactory results.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42135555","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}
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