Abstract One of the most significant developments in international law was the establishment of Special Tribunals that could bring to justice individuals allegedly responsible for “grave breaches” and violations of the law against humanity. This is, undoubtedly, a recent global development that has challenged the issues of impunity and sovereignty. Since the Nazis’ atrocities and the Nuremberg trials, war crimes law has broadened its scope and has recognized a number of offenses considered as “international crimes” and which have also come to be described as “genocide”. However, although intended to put an end to the politics of impunity for the perpetrators of these crimes, a number of signatory states are reluctant to bring to justice those responsible for these defined international crimes. Indeed, the jurisprudence developed in these Special Tribunals provided an impetus for the development of the Rome Statute for the International Criminal Court (ICC). More specifically, it has been argued that war crimes and crimes against humanity are committed by men, not by abstract entities, and only by punishing individuals who commit such heinous crimes can the provisions of international law be enforced and realized. However, a perfectly reasonable case can be made that the creation of these tribunals does represent a new era in international law.
{"title":"The Development of Individual Criminal Responsibility Under International Law: Lessons from Nuremberg and Tokyo War Crimes Trials","authors":"William Edward Adjei","doi":"10.2478/jles-2020-0005","DOIUrl":"https://doi.org/10.2478/jles-2020-0005","url":null,"abstract":"Abstract One of the most significant developments in international law was the establishment of Special Tribunals that could bring to justice individuals allegedly responsible for “grave breaches” and violations of the law against humanity. This is, undoubtedly, a recent global development that has challenged the issues of impunity and sovereignty. Since the Nazis’ atrocities and the Nuremberg trials, war crimes law has broadened its scope and has recognized a number of offenses considered as “international crimes” and which have also come to be described as “genocide”. However, although intended to put an end to the politics of impunity for the perpetrators of these crimes, a number of signatory states are reluctant to bring to justice those responsible for these defined international crimes. Indeed, the jurisprudence developed in these Special Tribunals provided an impetus for the development of the Rome Statute for the International Criminal Court (ICC). More specifically, it has been argued that war crimes and crimes against humanity are committed by men, not by abstract entities, and only by punishing individuals who commit such heinous crimes can the provisions of international law be enforced and realized. However, a perfectly reasonable case can be made that the creation of these tribunals does represent a new era in international law.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"1 1","pages":"69 - 97"},"PeriodicalIF":1.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76230846","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The development of informative technologies, including that of the Internet, has significantly changed the human’s life. The largest portion of civil turnover has been encompassed by e-commerce. This latter is being executed through e-contracts. The e-contract from the doctrinal point of view is considered as dealt and the existence of e-signature is an essential component of its authentication, which in its turn determines the issue of existence-absence of written form. The present article is related to the issues of legal status, technical safety and reliable environment of application of e-signature. The necessity of applying the legal instrument was conditioned by the necessity of gradual disappearance of paper-based operations’ execution practice. The application of e-document turnover is justified only in case if the authentication of the document and the signature placed on it has been followed and all this has been acknowledged by the third party. Despite the various models of e-signature, for all of them, it is important to have a reliable and safe environment, for guaranteeing the safety and signer’s identity. The article shows the issues related to legal governing of e-signature according to the legislation of Georgia, also Russian Federation, Continental Europe, Common Court member states, as well as directives and guidelines developed by international organizations.
{"title":"Legal Regalements of E-Signature","authors":"Tea Edisherashvili","doi":"10.2478/jles-2020-0006","DOIUrl":"https://doi.org/10.2478/jles-2020-0006","url":null,"abstract":"Abstract The development of informative technologies, including that of the Internet, has significantly changed the human’s life. The largest portion of civil turnover has been encompassed by e-commerce. This latter is being executed through e-contracts. The e-contract from the doctrinal point of view is considered as dealt and the existence of e-signature is an essential component of its authentication, which in its turn determines the issue of existence-absence of written form. The present article is related to the issues of legal status, technical safety and reliable environment of application of e-signature. The necessity of applying the legal instrument was conditioned by the necessity of gradual disappearance of paper-based operations’ execution practice. The application of e-document turnover is justified only in case if the authentication of the document and the signature placed on it has been followed and all this has been acknowledged by the third party. Despite the various models of e-signature, for all of them, it is important to have a reliable and safe environment, for guaranteeing the safety and signer’s identity. The article shows the issues related to legal governing of e-signature according to the legislation of Georgia, also Russian Federation, Continental Europe, Common Court member states, as well as directives and guidelines developed by international organizations.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"2 1","pages":"127 - 98"},"PeriodicalIF":1.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73173605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This paper analyses the concepts of three great Romanian thinkers –theoreticians and philosophers of law – on the relations between law, morals and manners in order to discover, based on their idea filiation in the juridical Romanian culture, the differences of method and contents between them, to identify the practical implication in the field of performing the justice and law-making. Being trained and positioned in the core of the European juridical culture of their time, they reviewed the relations between law and morals, in a rationalist and humanist way, substantiating the need for the law to follow morals, the ethical principles both historically, and practically, the law-making being comprised as well. Thus, they leave room to the expression of human’s basic rights and freedoms in a democratic judicial order, while the rules of law subordinating the morals and manner proved to be widely open to totalitarianism.
{"title":"Analysis of the Connections Between Law and Morals, Between Customs and Contemporaneity","authors":"Marțian Iovan","doi":"10.2478/jles-2020-0004","DOIUrl":"https://doi.org/10.2478/jles-2020-0004","url":null,"abstract":"Abstract This paper analyses the concepts of three great Romanian thinkers –theoreticians and philosophers of law – on the relations between law, morals and manners in order to discover, based on their idea filiation in the juridical Romanian culture, the differences of method and contents between them, to identify the practical implication in the field of performing the justice and law-making. Being trained and positioned in the core of the European juridical culture of their time, they reviewed the relations between law and morals, in a rationalist and humanist way, substantiating the need for the law to follow morals, the ethical principles both historically, and practically, the law-making being comprised as well. Thus, they leave room to the expression of human’s basic rights and freedoms in a democratic judicial order, while the rules of law subordinating the morals and manner proved to be widely open to totalitarianism.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"60 1","pages":"57 - 68"},"PeriodicalIF":1.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73900532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This article seeks to examine the rigor of civilizational values in modern international law as a crucial factor and how historically different civilizational values have inculcated different approaches to international law. While critiquing the civilizational rhetoric built by European nations in creating Eurocentric international law, this article brings how international law has been perceived by China and Russia following their historical complexities. Results emerge from this paper will demonstrate the different diversity in international law.
{"title":"Seeking the Civilizational Ghosts: Some Remarks on Chinese and Russian Approaches to International Law Through Civilizational Values","authors":"B. Amarasinghe","doi":"10.13187/rjcl.2019.2.53","DOIUrl":"https://doi.org/10.13187/rjcl.2019.2.53","url":null,"abstract":"Abstract This article seeks to examine the rigor of civilizational values in modern international law as a crucial factor and how historically different civilizational values have inculcated different approaches to international law. While critiquing the civilizational rhetoric built by European nations in creating Eurocentric international law, this article brings how international law has been perceived by China and Russia following their historical complexities. Results emerge from this paper will demonstrate the different diversity in international law.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"39 1","pages":"1 - 30"},"PeriodicalIF":1.0,"publicationDate":"2019-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77705001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract One of the continuing problems, which had faced the African Charter, is many of its substantive provisions that are raven with qualifications without reasonable justification. These rights guaranteed under the Charter are subject to “claw-back” clauses that are introduced by governments and public authorities thereby undermining their citizen‟s basic constitutional rights of securing fundamental freedoms. They are those rights that impose negative duty on the state and are meant to promote the values of pluralism, equality and human dignity, which should be enjoyed free from state interference. It is in the interference of these rights that commentators have frequently criticized the African Charter for rendering its protective mandate meaningless and unenforceable. With hindsight, it is evident that the foregoing critique levelled against the “claw-back” clauses under Charter is justified, as they have a chilling effect on the exercise of human and peoples‟ rights on the African continent. Such condition has produced intense academic discussion on the interpretation and implications of the rights and freedoms enshrined in the Charter. None the less, the scope and the significance of the legal measures adopted by the African Commission have minimized the impact of the clauses affected considerably. Accordingly, a strong principle of interpretation adopted by the Commission has contributed to shaping the Charter‟s legal structure in harmony with international human rights law standards.
{"title":"Re-Assessment of “Claw-Back” Clauses in the Enforcement of Human and Peoples’ Rights in Africa","authors":"William Edward Adjei","doi":"10.2478/jles-2019-0006","DOIUrl":"https://doi.org/10.2478/jles-2019-0006","url":null,"abstract":"Abstract One of the continuing problems, which had faced the African Charter, is many of its substantive provisions that are raven with qualifications without reasonable justification. These rights guaranteed under the Charter are subject to “claw-back” clauses that are introduced by governments and public authorities thereby undermining their citizen‟s basic constitutional rights of securing fundamental freedoms. They are those rights that impose negative duty on the state and are meant to promote the values of pluralism, equality and human dignity, which should be enjoyed free from state interference. It is in the interference of these rights that commentators have frequently criticized the African Charter for rendering its protective mandate meaningless and unenforceable. With hindsight, it is evident that the foregoing critique levelled against the “claw-back” clauses under Charter is justified, as they have a chilling effect on the exercise of human and peoples‟ rights on the African continent. Such condition has produced intense academic discussion on the interpretation and implications of the rights and freedoms enshrined in the Charter. None the less, the scope and the significance of the legal measures adopted by the African Commission have minimized the impact of the clauses affected considerably. Accordingly, a strong principle of interpretation adopted by the Commission has contributed to shaping the Charter‟s legal structure in harmony with international human rights law standards.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"29 1","pages":"1 - 22"},"PeriodicalIF":1.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82044429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The article presents two cases of the Arad Medico-Legal Department illustrating just a part of the role of the forensic pathologist at the death scene but there are sufficient to fully justify the importance of this investigation as no example can comprise the complexity of problems and the particularity of each case, nor a statistic can be made. Both cases were found dead at home and forensically autopsied, but the two of them were distinct in terms of forensic pathologist's request death scene participation. In the first case, the autopsy did not find traumatic lesions, but revealed that the death was due to massive hemoptysis caused by cavernous tuberculosis with subsequent exsanguination, microscopically confirmed. The death was nonviolent. In the second case, the autopsy revealed findings of mechanical asphyxia due to neck compression, both macroscopically and microscopically. The death was violent. In both cases the forensic expert participation is required at the death-scene. In the first case it allowed the correct interpretation of the traces of blood found on site, and in the second case, an onsite research would have properly helped for restoring the death‟s occurrence. The scene investigation and autopsy provide, together, the basis for an accurate determination of cause and circumstances of death.
{"title":"The Significance of Death-Scene Investigation in Determining Cause and Circumstances of Medico-Legal Death","authors":"Corina Crisan","doi":"10.2478/jles-2019-0009","DOIUrl":"https://doi.org/10.2478/jles-2019-0009","url":null,"abstract":"Abstract The article presents two cases of the Arad Medico-Legal Department illustrating just a part of the role of the forensic pathologist at the death scene but there are sufficient to fully justify the importance of this investigation as no example can comprise the complexity of problems and the particularity of each case, nor a statistic can be made. Both cases were found dead at home and forensically autopsied, but the two of them were distinct in terms of forensic pathologist's request death scene participation. In the first case, the autopsy did not find traumatic lesions, but revealed that the death was due to massive hemoptysis caused by cavernous tuberculosis with subsequent exsanguination, microscopically confirmed. The death was nonviolent. In the second case, the autopsy revealed findings of mechanical asphyxia due to neck compression, both macroscopically and microscopically. The death was violent. In both cases the forensic expert participation is required at the death-scene. In the first case it allowed the correct interpretation of the traces of blood found on site, and in the second case, an onsite research would have properly helped for restoring the death‟s occurrence. The scene investigation and autopsy provide, together, the basis for an accurate determination of cause and circumstances of death.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"67 1","pages":"53 - 62"},"PeriodicalIF":1.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91110648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The article deals with limitation of claims in Poland, Ukraine and Germany. The authors made a conclusion that the most liberal solution in the area of contractual regulation of limitation is provided in the German Civil Code, which allows shortening and prolonging the statutory limitation period, whereas the most severe is provided for in the Polish Civil Code, prohibiting it altogether. An indirect solution has been adopted by the Ukrainian Civil Code, which allows only the extension of the statutory limitation period. These different legislative solutions demonstrate that the national legislators are partially different in their view of the reasons justifying the statute of limitations. Newer prescription regulations, to which the German and Ukrainian ones belong, are largely similar to each other. The same can be said about the Polish academic project of the general section of the civil code. The Principles of European Contract Law have had a significant impact on teaching of civil law, as well as on national legislators.
{"title":"Limitation of Claims in Polish and Ukrainian Civil Code Against the Background of the Principles of European Contract Law and the German Civil Code","authors":"S. Buletsa, P. Zakrzewski","doi":"10.2478/jles-2019-0010","DOIUrl":"https://doi.org/10.2478/jles-2019-0010","url":null,"abstract":"Abstract The article deals with limitation of claims in Poland, Ukraine and Germany. The authors made a conclusion that the most liberal solution in the area of contractual regulation of limitation is provided in the German Civil Code, which allows shortening and prolonging the statutory limitation period, whereas the most severe is provided for in the Polish Civil Code, prohibiting it altogether. An indirect solution has been adopted by the Ukrainian Civil Code, which allows only the extension of the statutory limitation period. These different legislative solutions demonstrate that the national legislators are partially different in their view of the reasons justifying the statute of limitations. Newer prescription regulations, to which the German and Ukrainian ones belong, are largely similar to each other. The same can be said about the Polish academic project of the general section of the civil code. The Principles of European Contract Law have had a significant impact on teaching of civil law, as well as on national legislators.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"26 1","pages":"63 - 94"},"PeriodicalIF":1.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73995870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Some aspects of the possibility of using euthanasia are covered. The author draws attention to the relation between the categories “euthanasia” and “bioethics”. The emphasis has been placed on the legal and medical aspects of the applying of euthanasia, based on the practice of the Netherlands.
{"title":"Euthanasia: Theoretical and Legal Principles","authors":"M. Hromovchuk, D. Byelov","doi":"10.2478/jles-2019-0008","DOIUrl":"https://doi.org/10.2478/jles-2019-0008","url":null,"abstract":"Abstract Some aspects of the possibility of using euthanasia are covered. The author draws attention to the relation between the categories “euthanasia” and “bioethics”. The emphasis has been placed on the legal and medical aspects of the applying of euthanasia, based on the practice of the Netherlands.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"86 1","pages":"44 - 52"},"PeriodicalIF":1.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75689634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Through this article, we propose an (original) analytical approach on the consultative referendum of May 2019 and a wider critical landscape regarding the consultative referendum institution by enforcing a teleological interpretation. In this sense, we propose three sections. We will start with a short overview on the use of the consultative referendum in the recent years of Romanian democracy. In the second section we will focus on the consultative referendum from 26 May, 2019. In the third section we will ask the Founding Fathers of the Constitution for an “opinion” regarding the possibilities and impossibilities of the consultative referendum.
{"title":"The Romanian Prezidentialized Consultative Referendum. Eating Apples from a Poisonous Tree? Personal and Teleological Interpretations","authors":"R. Roghină","doi":"10.2478/jles-2019-0007","DOIUrl":"https://doi.org/10.2478/jles-2019-0007","url":null,"abstract":"Abstract Through this article, we propose an (original) analytical approach on the consultative referendum of May 2019 and a wider critical landscape regarding the consultative referendum institution by enforcing a teleological interpretation. In this sense, we propose three sections. We will start with a short overview on the use of the consultative referendum in the recent years of Romanian democracy. In the second section we will focus on the consultative referendum from 26 May, 2019. In the third section we will ask the Founding Fathers of the Constitution for an “opinion” regarding the possibilities and impossibilities of the consultative referendum.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"44 1","pages":"23 - 43"},"PeriodicalIF":1.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87891473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The issue of protecting the natural persons has been triggering a lot of interest due to the need for providing them with proper means for this purpose. In Romania, the court of guardianship and family plays an important role in protecting this category of persons, court established as a result of the entering into force of the new Romanian Civil code in 2011. The legal norms distinguish between the prerogatives of this court on the protection of the major persons and its attributions in this matter towards the minors. Further on, it will be analyzed certain prerogatives of the guardianship and family court meant for the minor persons.
{"title":"Certain Considerations Regarding the Attributions of the Guardianship Court in the Protection of the Individuals","authors":"D. Creț","doi":"10.2478/jles-2019-0011","DOIUrl":"https://doi.org/10.2478/jles-2019-0011","url":null,"abstract":"Abstract The issue of protecting the natural persons has been triggering a lot of interest due to the need for providing them with proper means for this purpose. In Romania, the court of guardianship and family plays an important role in protecting this category of persons, court established as a result of the entering into force of the new Romanian Civil code in 2011. The legal norms distinguish between the prerogatives of this court on the protection of the major persons and its attributions in this matter towards the minors. Further on, it will be analyzed certain prerogatives of the guardianship and family court meant for the minor persons.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"75 1","pages":"110 - 95"},"PeriodicalIF":1.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86024370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","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：