Pub Date : 2022-11-14DOI: 10.24818/tbj/2022/12/3.01
Vytis Valatka, Vaida Asakavičiūtė
This article analyzes the philosophy of international law of the Second, or Modern Scholasticism. The author of the article concentrates on the just war theory mainly developed by Francisco de Vitoria and Francisco Suarez. The objectives of the article are to clarify and classify the main principles of the above-mentioned theory as well as to grasp its relevance nowadays. In order to achieve these objectives doxographical, analytical as well as hermeneutical methods are applied. Based on them, the principles and rules of just war are divided into two fundamental types. The article comes to conclusion that these types correspond to the parts of contemporary just war theory entitled as jus ad bellum and jus in bello. Another significant conclusion is that the vast majority of the principles of just war presented in Modern Scholasticism (e.g. just cause of the war, adversary’s warning of intended offensive actions, the inviolability of ambassadors and peaceful population, prohibition on killing prisoners of war and hostages, the compliance of reparations with the damage caused before and during the war, the illegality of religious and confessional wars) are also relevant nowadays.
{"title":"The philosophy of international law of Modern Scholasticism:\u0000the theory of just war","authors":"Vytis Valatka, Vaida Asakavičiūtė","doi":"10.24818/tbj/2022/12/3.01","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/3.01","url":null,"abstract":"This article analyzes the philosophy of international law of the Second, or Modern\u0000Scholasticism. The author of the article concentrates on the just war theory mainly developed\u0000by Francisco de Vitoria and Francisco Suarez. The objectives of the article are to clarify and\u0000classify the main principles of the above-mentioned theory as well as to grasp its relevance\u0000nowadays. In order to achieve these objectives doxographical, analytical as well as\u0000hermeneutical methods are applied. Based on them, the principles and rules of just war are\u0000divided into two fundamental types. The article comes to conclusion that these types\u0000correspond to the parts of contemporary just war theory entitled as jus ad bellum and jus in\u0000bello. Another significant conclusion is that the vast majority of the principles of just war\u0000presented in Modern Scholasticism (e.g. just cause of the war, adversary’s warning of\u0000intended offensive actions, the inviolability of ambassadors and peaceful population,\u0000prohibition on killing prisoners of war and hostages, the compliance of reparations with the\u0000damage caused before and during the war, the illegality of religious and confessional wars)\u0000are also relevant nowadays.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42178613","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}
Pub Date : 2022-11-14DOI: 10.24818/tbj/2022/12/3.08
M. Hrestic, I. Ivanoff
Public administrator is a new function, which was introduced into the Romanian legislation by the Law no. 286/2006 amending and supplementing Law no. 215/2001; the management contract, under which public administrators carry out their responsibilities, is not defined either by legislation or by doctrine, because there are various opinions in the specialty literature ranging from its qualification as a labour contract to the civil nature of this legal relationship. In this article, we try to provide a basis for the administrative contract view about the management contract concluded between a public administrator and the public executive authority within an administrative territorial unit.
{"title":"The legal nature of the public administrator’s management contract\u0000in Romania.\u0000Aspects of comparative law","authors":"M. Hrestic, I. Ivanoff","doi":"10.24818/tbj/2022/12/3.08","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/3.08","url":null,"abstract":"Public administrator is a new function, which was introduced into the Romanian\u0000legislation by the Law no. 286/2006 amending and supplementing Law no. 215/2001; the\u0000management contract, under which public administrators carry out their responsibilities, is\u0000not defined either by legislation or by doctrine, because there are various opinions in the\u0000specialty literature ranging from its qualification as a labour contract to the civil nature of\u0000this legal relationship. In this article, we try to provide a basis for the administrative\u0000contract view about the management contract concluded between a public administrator\u0000and the public executive authority within an administrative territorial unit.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44073671","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}
Pub Date : 2022-04-11DOI: 10.24818/tbj/2022/12/1.07
A. Groza
The principle of mutual recognition represents one of the brilliant creations of the Court of Justice of the European Union, which has significantly contributed to the achievement of the free movement of goods, in the absence of the approximation of national laws, and which is impressive even today by its depth and vocation to extend to new fields of European integration. Mutual recognition is one of the efficient solutions in order to have unity in diversity and also common objectives to reach. We find the principle of mutual recognition in the sphere of the fundamental freedoms of the internal market and in very different domains of the internal market too. Judicial cooperation in civil and criminal matters uses this principle in order to ensure the free movement of judgements and the effectiveness of criminal proceedings. The application of the principle in very different fields has illustrated its utility, as well as the particularities of each area. By observing these particularities, we can better understand the European integration specificity in various fields and its challenges. Our research is descriptive, explanatory and comparative, being accompanied by the relevant case law of the Court of Justice of the European Union.
{"title":"The principle of mutual recognition: from the internal market\u0000to the European area of freedom, security and justice","authors":"A. Groza","doi":"10.24818/tbj/2022/12/1.07","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/1.07","url":null,"abstract":"The principle of mutual recognition represents one of the brilliant creations of the\u0000Court of Justice of the European Union, which has significantly contributed to the\u0000achievement of the free movement of goods, in the absence of the approximation of national\u0000laws, and which is impressive even today by its depth and vocation to extend to new fields of\u0000European integration. Mutual recognition is one of the efficient solutions in order to have\u0000unity in diversity and also common objectives to reach. We find the principle of mutual\u0000recognition in the sphere of the fundamental freedoms of the internal market and in very\u0000different domains of the internal market too. Judicial cooperation in civil and criminal\u0000matters uses this principle in order to ensure the free movement of judgements and the\u0000effectiveness of criminal proceedings. The application of the principle in very different fields\u0000has illustrated its utility, as well as the particularities of each area. By observing these\u0000particularities, we can better understand the European integration specificity in various\u0000fields and its challenges. Our research is descriptive, explanatory and comparative, being\u0000accompanied by the relevant case law of the Court of Justice of the European Union.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45124139","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}
Pub Date : 2022-04-11DOI: 10.24818/tbj/2022/12/1.06
Paulo DE BRITO
The principal aim of the present essay is to explore the relationship between international law and nationalism, whilst arguing that both concepts cannot be viewed as two separate and self-contained realities, but should rather be considered in light of their mutual interaction. The external actions of a nation are reflected internally. Similarly, its internal actions have external repercussions. In this work, such consequences are examined in a nation-state with an authoritarian structure as opposed to those found in a democratic nation-state. Additionally, the concept of nationalism is studied in its variant forms in both these contexts, leading to the premise that an aggressive and expansionist nation-state is unlikely to be guided by a constitution that places a high value on democracy and freedom. A nation which does not respect the liberties of its own nationals will undoubtedly disrespect other States and their nationals, and vice-versa. This begs the question: should international law be irresponsive and neutral in these cases?
{"title":"International law and nationalism as two essentially related concepts","authors":"Paulo DE BRITO","doi":"10.24818/tbj/2022/12/1.06","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/1.06","url":null,"abstract":"The principal aim of the present essay is to explore the relationship between\u0000international law and nationalism, whilst arguing that both concepts cannot be viewed as\u0000two separate and self-contained realities, but should rather be considered in light of their\u0000mutual interaction. The external actions of a nation are reflected internally. Similarly, its\u0000internal actions have external repercussions. In this work, such consequences are examined\u0000in a nation-state with an authoritarian structure as opposed to those found in a democratic\u0000nation-state. Additionally, the concept of nationalism is studied in its variant forms in both\u0000these contexts, leading to the premise that an aggressive and expansionist nation-state is\u0000unlikely to be guided by a constitution that places a high value on democracy and freedom.\u0000A nation which does not respect the liberties of its own nationals will undoubtedly disrespect\u0000other States and their nationals, and vice-versa. This begs the question: should international\u0000law be irresponsive and neutral in these cases?","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43317910","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}
Pub Date : 2022-04-11DOI: 10.24818/tbj/2022/12/1.05
Maria João Mimoso, Liz Corrêa de Azevedo
International trade, as of result of globalization and the consequent exponential growth in the operations volume, has brought a movement of reflection on the disciplinary rules of international trade relations. In this context and considering the significant divergences between the legal regimes of the different States, the instruments of standardization and harmonization of the international contracts’ disciplinary rules assume special importance. Notwithstanding the existence of normative instruments that guide the formation and execution of the signed agreements, it is imperative that the hermeneutic activity of such texts is also harmonious, under penalty of distorting the purpose for which they were conceived. Through the analytical method, we will approach the unifying rules and principles of the process of interpreting contracts in the international scenario. Initially, we will present the principle that guides the entire process of interpreting international contracts, pointing out the fundamental principles in conducting the interpreter's activity. We will also note the importance of usages and customs in the interpretive process. Finally, we will analyze the rules on the interpretation of contracts and unilateral declarations of the parties contained in the Vienna Convention on the International Sale of Goods 1980, CISG, and in the UNIDROIT Principles applicable to international commercial contracts, version 2016.
{"title":"The need for a harmonious interpretation of the rules applicable\u0000to international contracts","authors":"Maria João Mimoso, Liz Corrêa de Azevedo","doi":"10.24818/tbj/2022/12/1.05","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/1.05","url":null,"abstract":"International trade, as of result of globalization and the consequent exponential\u0000growth in the operations volume, has brought a movement of reflection on the disciplinary\u0000rules of international trade relations. In this context and considering the significant\u0000divergences between the legal regimes of the different States, the instruments of\u0000standardization and harmonization of the international contracts’ disciplinary rules assume\u0000special importance. Notwithstanding the existence of normative instruments that guide the\u0000formation and execution of the signed agreements, it is imperative that the hermeneutic\u0000activity of such texts is also harmonious, under penalty of distorting the purpose for which\u0000they were conceived. Through the analytical method, we will approach the unifying rules and\u0000principles of the process of interpreting contracts in the international scenario. Initially, we\u0000will present the principle that guides the entire process of interpreting international\u0000contracts, pointing out the fundamental principles in conducting the interpreter's activity.\u0000We will also note the importance of usages and customs in the interpretive process. Finally,\u0000we will analyze the rules on the interpretation of contracts and unilateral declarations of the\u0000parties contained in the Vienna Convention on the International Sale of Goods 1980, CISG,\u0000and in the UNIDROIT Principles applicable to international commercial contracts, version\u00002016.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43811871","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}
Pub Date : 2022-04-05DOI: 10.24818//tbj/2022/12/1.02
Silvia Matúšová, P. Nováček
The judgment of the Court of Justice of the European Union as of 6 March 2018 in Case C-284/16 changed the system and coordination of investment relations of the Member States of the European Union. The judgment set a fundamental precedent that changed the system of international investment law and placed the investment arbitration, conducted due to bilateral investment agreements between the EU and the Member States. The aim of the scientific study is to point to the new generation of the EU investment agreements which, in accordance with their importance, will influence the development of international investment relations between EU Member States and non-member countries of the world. The study was elaborated on the analysis of the rules of legal logic, systematics, accuracy and the generalization of conclusions. The analysis and interpretation of obtained results have proved that the traditional system of international investment agreements is being changed. A new model is emerging in the regime of investment agreement of the European Union.
{"title":"New generation of investment agreements in the regime\u0000of the European Union","authors":"Silvia Matúšová, P. Nováček","doi":"10.24818//tbj/2022/12/1.02","DOIUrl":"https://doi.org/10.24818//tbj/2022/12/1.02","url":null,"abstract":"The judgment of the Court of Justice of the European Union as of 6 March 2018 in\u0000Case C-284/16 changed the system and coordination of investment relations of the Member\u0000States of the European Union. The judgment set a fundamental precedent that changed the\u0000system of international investment law and placed the investment arbitration, conducted due\u0000to bilateral investment agreements between the EU and the Member States. The aim of the\u0000scientific study is to point to the new generation of the EU investment agreements which, in\u0000accordance with their importance, will influence the development of international investment\u0000relations between EU Member States and non-member countries of the world. The study was\u0000elaborated on the analysis of the rules of legal logic, systematics, accuracy and the\u0000generalization of conclusions. The analysis and interpretation of obtained results have\u0000proved that the traditional system of international investment agreements is being changed.\u0000A new model is emerging in the regime of investment agreement of the European Union.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49528701","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}
Pub Date : 2022-04-05DOI: 10.24818/tbj/2022/12/1.01
A. Skóra, M. Srebalová, Ingrida Papáčová
The article focuses on actual challenges of administrative justice in the Slovak Republic and Poland. The legal crisis and the crisis in law in both countries have common signs and necessarily differences. The authors analyze selected problems of administrative justice, which are connected by the current state of society marked by the crisis. In the part dedicated to the Slovak Republic and Poland, emphasis is placed on the crisis associated with changes in the judicial system and - additionally - in Poland it is the crisis associated with changes in the law caused by the COVID-19 pandemic. Due to the nature of the researched topic, we have applied analysis, synthesis as well as comparison of legal regulations in the processing of this issue. However, in addition to the mentioned scientific methods of research, we also used scientific literature, case law and analogy of the law. The article can be beneficial by researching the development of problems associated with administrative justice in states with a similar historical development of society.
{"title":"Administrative judiciary is looking for a balance in a crisis","authors":"A. Skóra, M. Srebalová, Ingrida Papáčová","doi":"10.24818/tbj/2022/12/1.01","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/1.01","url":null,"abstract":"The article focuses on actual challenges of administrative justice in the Slovak\u0000Republic and Poland. The legal crisis and the crisis in law in both countries have common\u0000signs and necessarily differences. The authors analyze selected problems of administrative\u0000justice, which are connected by the current state of society marked by the crisis. In the part\u0000dedicated to the Slovak Republic and Poland, emphasis is placed on the crisis associated\u0000with changes in the judicial system and - additionally - in Poland it is the crisis associated\u0000with changes in the law caused by the COVID-19 pandemic. Due to the nature of the\u0000researched topic, we have applied analysis, synthesis as well as comparison of legal\u0000regulations in the processing of this issue. However, in addition to the mentioned scientific\u0000methods of research, we also used scientific literature, case law and analogy of the law.\u0000The article can be beneficial by researching the development of problems associated with\u0000administrative justice in states with a similar historical development of society.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46969756","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}
Pub Date : 2022-04-05DOI: 10.24818/tbj/2022/12/1.03
T. Peráček
The COVID-19 pandemic and lockdowns resulted in an unusual increase in electronic commerce not only in the conditions of the Slovak Republic. This fact also causes many unanswered questions in business practice, which bother entrepreneurs in ecommerce, especially in the context of consumer protection. The main goal of the article is to examine the current possibilities of electronic commerce in the conditions of the Slovak Republic and especially its limits in the context of consumer protection as a weaker part. Determining the goal of a scientific studye conceived in this way responds to the current practical problems in the business practice. Due to the nature of the researched topic, we have applied analysis, synthesis as well as comparison of legal regulations in the processing of this issue. However, in addition to the mentioned scientific methods of research, we also used scientific literature, case law and analogy of the law. In our scientific article, we strive for qualified answers to the needs of business practice. In conclusion, we critically point out the application problems we have identified and we proposed legislation.
{"title":"E-commerce and its limits in the context of the consumer protection:\u0000the case of the Slovak Republic","authors":"T. Peráček","doi":"10.24818/tbj/2022/12/1.03","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/1.03","url":null,"abstract":"The COVID-19 pandemic and lockdowns resulted in an unusual increase in\u0000electronic commerce not only in the conditions of the Slovak Republic. This fact also causes\u0000many unanswered questions in business practice, which bother entrepreneurs in ecommerce, especially in the context of consumer protection. The main goal of the article is\u0000to examine the current possibilities of electronic commerce in the conditions of the Slovak\u0000Republic and especially its limits in the context of consumer protection as a weaker part.\u0000Determining the goal of a scientific studye conceived in this way responds to the current\u0000practical problems in the business practice. Due to the nature of the researched topic, we\u0000have applied analysis, synthesis as well as comparison of legal regulations in the processing\u0000of this issue. However, in addition to the mentioned scientific methods of research, we also\u0000used scientific literature, case law and analogy of the law. In our scientific article, we strive\u0000for qualified answers to the needs of business practice. In conclusion, we critically point out\u0000the application problems we have identified and we proposed legislation.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47172127","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}
Pub Date : 2022-04-05DOI: 10.24818/tbj/2022/12/1.04
Dubravka Akšamović, Lidija Šimunović
Paper provides for a systematic overview of the EU scheme for the State aid rules applicable to the air transport sector during Covid-19 crisis. The COVID-19 outbreak is having a major impact on European air transport sector. In order to help air transport undertakings in Europe to overcome the financial troubles, to preserve jobs, to secure supply of essential food, medicals or other items, etc., the EU Commission adopted set of legislative measures enabling the EU Commission and Member States to authorise hundreds of State aid measures, not only to air transport sector, but also to other economic sectors, which were mostly affected by the pandemic. Since in normal circumstances member states State aid to national undertakings are subject to extremely stringent EU competition law regime, the intention of this paper is, firstly, to analyse to what extent and under what conditions that has changed during pandemic. Secondly, the intention of the paper is to explore to what extent and for what purposes different Member States granted State aid to their airline industries with special respect to the French, Austrian, Swedish and Croatian State aid policy. Lastly, the authors will raise question whether massive capital injection to air transport companies being made only by certain, wealthier, member states are going, in long term, to cause negative impacts on the competition in the air transport sector in the internal market
{"title":"The EU scheme for the state aid rules in the air transport sector during\u0000the Covid-19 crisis","authors":"Dubravka Akšamović, Lidija Šimunović","doi":"10.24818/tbj/2022/12/1.04","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/1.04","url":null,"abstract":"Paper provides for a systematic overview of the EU scheme for the State aid rules\u0000applicable to the air transport sector during Covid-19 crisis. The COVID-19 outbreak is\u0000having a major impact on European air transport sector. In order to help air transport\u0000undertakings in Europe to overcome the financial troubles, to preserve jobs, to secure supply\u0000of essential food, medicals or other items, etc., the EU Commission adopted set of legislative\u0000measures enabling the EU Commission and Member States to authorise hundreds of State\u0000aid measures, not only to air transport sector, but also to other economic sectors, which were\u0000mostly affected by the pandemic. Since in normal circumstances member states State aid to\u0000national undertakings are subject to extremely stringent EU competition law regime, the\u0000intention of this paper is, firstly, to analyse to what extent and under what conditions that\u0000has changed during pandemic. Secondly, the intention of the paper is to explore to what\u0000extent and for what purposes different Member States granted State aid to their airline\u0000industries with special respect to the French, Austrian, Swedish and Croatian State aid\u0000policy. Lastly, the authors will raise question whether massive capital injection to air\u0000transport companies being made only by certain, wealthier, member states are going, in long\u0000term, to cause negative impacts on the competition in the air transport sector in the internal\u0000market","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42241436","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}
Pub Date : 2022-03-11DOI: 10.24818/tbj/2022/12/1.08
Shelton Mota Makore, P. Osode, N. Lubisi
The current global human rights order, eminently propagated in international legal instruments and statements, is to a great extent state-centric in character, bestowing obligations on states, whilst largely ignoring the conduct of non-state actors in the form of transnational corporations (TNCs) and trade governance institutions whose record of human rights adherence is scarcely convincing. This inability to aptly govern the conduct of transnational entities, even when it is evident that their power now eclipses that of states, raises the concern that the extant human rights regime is a neoliberal construct advancing market fundamentalism and widening the economic disparities between developed and developing countries. This article unsettles the doctrinal foundations underlying state centrism in international human rights law, arguing that such a version of human rights is exposing developing countries to neoliberal oligarchs, and market deficiencies, which if not reformed, may entrench underdevelopment. It calls for a decolonised human rights regime which impose human rights obligations on the conduct of transnational entities in pursuit of human dignity, equality and freedom.
{"title":"Reconstructing the global human rights order in pursuit of a binding\u0000business human rights treaty in the era of decolonisation","authors":"Shelton Mota Makore, P. Osode, N. Lubisi","doi":"10.24818/tbj/2022/12/1.08","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/1.08","url":null,"abstract":"The current global human rights order, eminently propagated in international legal\u0000instruments and statements, is to a great extent state-centric in character, bestowing\u0000obligations on states, whilst largely ignoring the conduct of non-state actors in the form of\u0000transnational corporations (TNCs) and trade governance institutions whose record of human\u0000rights adherence is scarcely convincing. This inability to aptly govern the conduct of\u0000transnational entities, even when it is evident that their power now eclipses that of states,\u0000raises the concern that the extant human rights regime is a neoliberal construct advancing\u0000market fundamentalism and widening the economic disparities between developed and\u0000developing countries. This article unsettles the doctrinal foundations underlying state\u0000centrism in international human rights law, arguing that such a version of human rights is\u0000exposing developing countries to neoliberal oligarchs, and market deficiencies, which if not\u0000reformed, may entrench underdevelopment. It calls for a decolonised human rights regime\u0000which impose human rights obligations on the conduct of transnational entities in pursuit of\u0000human dignity, equality and freedom.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46935706","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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