Issues

Journal & Issues

Volume 22 (2022): Issue 1 (July 2022)

Volume 21 (2021): Issue 2 (December 2021)

Volume 21 (2021): Issue 1 (June 2021)

Volume 20 (2020): Issue 2 (December 2020)

Volume 20 (2020): Issue 1 (June 2020)

Volume 19 (2019): Issue 2 (December 2019)

Volume 19 (2019): Issue 1 (June 2019)

Volume 18 (2018): Issue 2 (December 2018)

Volume 18 (2018): Issue 1 (June 2018)

Volume 17 (2017): Issue 2 (December 2017)

Volume 17 (2017): Issue 1 (June 2017)

Volume 16 (2016): Issue 2 (December 2016)

Volume 16 (2016): Issue 1 (June 2016)

Volume 15 (2015): Issue 2 (December 2015)

Volume 15 (2015): Issue 1 (June 2015)

Volume 14 (2014): Issue 2 (December 2014)

Volume 14 (2014): Issue 1 (June 2014)

Volume 13 (2013): Issue 2 (December 2013)

Volume 13 (2013): Issue 1 (June 2013)

Volume 12 (2012): Issue 2 (December 2012)

Volume 12 (2012): Issue 1 (June 2012)

Volume 11 (2011): Issue 2 (December 2011)

Volume 11 (2011): Issue 1 (June 2011)

Journal Details
Format
Journal
eISSN
2464-6601
First Published
08 Jun 2011
Publication timeframe
2 times per year
Languages
English

Search

Volume 21 (2021): Issue 1 (June 2021)

Journal Details
Format
Journal
eISSN
2464-6601
First Published
08 Jun 2011
Publication timeframe
2 times per year
Languages
English

Search

10 Articles
Open Access

Reforming the International Criminal Court (ICC): Progress, Perils and Pitfalls Post the ICC Review Process

Published Online: 19 Aug 2021
Page range: 7 - 42

Abstract

Summary

The International Criminal Court is a very controversial institution. It is extensively criticised by both its critics and its supporters. This article examines what steps have been taken to reform the Court. It considers issues such as the need for better communications and messaging by the Court. The paper takes up how and why the Court needs to engage better and in more far-reaching ways with a host of role players that affect the terrain in which the Court operates. It is argued that more reform is needed in how the Court is lead, how it operates, and who the judges and staff are. It is argued that greater diversity is needed at the Court. Also taken up are how the reach of the Court can be increased beyond only prosecutions, how the Court can assist states to prosecute more cases themselves, and how the Court can become more victim centred. A core theme is how state cooperation can be enhanced. A range of suggestions are made so as to enhance the role of the Court in the years to come.

Keywords

  • International Criminal Court
  • International Criminal Justice
  • Criticisms
  • Reforms
  • Human Rights Violations
  • Impunity
  • Deterrence
  • ICC Review Process
  • Crime of Aggression
  • United Nations Security Council
Open Access

Access to Covid-19 Vaccine: Patents vs. People?

Published Online: 19 Aug 2021
Page range: 43 - 78

Abstract

Summary

The article is looking into the issue of global equitable access to Covid-19 vaccines from the perspective of intellectual property rights, in particular patents. The discussed topics include instruments that could potentially facilitate access to patent protected health technologies (Covid-19 vaccines). Some of them are non-voluntary in nature, like the compulsory licenses in accordance with the TRIPS Agreement and others rely on the voluntary participation of the pharmaceutical industry, such as the C-TAP and the Medicines Patent Pool. The article also explores the controversial initiative regarding an “intellectual property waiver” proposed by a number of WTO members.

Keywords

  • Covid-19
  • vaccine
  • intellectual property
  • patents
  • TRIPS Agreement
  • intellectual property waiver
  • compulsory licence
  • C-TAP
  • Medicines Patent Pool
Open Access

Istanbul Convention, Honour Killings and Turkey’s Experience

Published Online: 19 Aug 2021
Page range: 79 - 99

Abstract

Summary

The problem of domestic violence against women (DVAW) is a global concern and pivotal point which is still waiting for necessary radical measures to prevent it. Honour related violence is a phenomenon and special form of domestic violence against women that affects every country. For decades, honour killings have been a topical legal issue in Turkey. This article highlights the positive changes of Turkey’s legislation after ratification of the Istanbul Convention, which provides legal protection and prevention measures to help women and their families and shows how important it was for Turkey to implement the Convention in order to prevent these crimes. The authors shed light to the point that Turkey has done much to implement the Istanbul Convention, but male-dominated mentality, still hampers the effective prevention of gender-based violence. Article analyses the importance of the Istanbul Convention in Turkey through the “Unjust Provocation” concept and Law No. 6284 which was adopted by Turkey after ratification of the Convention.

Keywords

  • Honour Killing
  • Domestic Violence Against Women (DVAW)
  • The Istanbul Convention
  • Unjust Provocation
  • Law No. 6284
  • Violence Against Women
Open Access

Binding or Non-Binding: Analysing the Nature of the Asean Agreements

Published Online: 19 Aug 2021
Page range: 100 - 123

Abstract

Summary

ASEAN has gradually attempted to assert itself as a diplomatic force to reckon with. However, over the recent past, it’s ability to deal with regional issues and situations has come under scrutiny. This paper argues that the reason behind such lack of clear decision making arises from the large presence of Soft Law nomenclature in ASEAN agreements, resulting in the lack of any Hard Law obligations on these nations. The paper attempts to highlight the lack of clarity in the nomenclature used in ASEAN agreements, the problems that arise from the same, and the possible reasoning behind the usage of such nomenclature. In conclusion, the paper provides a few solutions and recommendations that could be adopted by the ASEAN community of nations to establish themselves as an economic community.

Keywords

  • ASEAN
  • nature
  • binding
  • hard law
  • soft law
Open Access

Destroying Disability: Expanding Application of the Genocide Convention

Published Online: 19 Aug 2021
Page range: 124 - 152

Abstract

Summary

Disability is not a protected class under the Genocide Convention, even though disabled people across the world frequently face egregious human rights violations. Many of those practices should be considered genocide because they meet the criteria listed in the definition. In order to amount to genocide, an action must be committed with the intent to destroy a group, in whole or in part, by killing, causing serious harm, inflicting conditions of life calculated to bring about destruction of the group, prevent births, or forcibly transfer children out of the group. Disabled people have been subjected to all these actions. By refusing to grant this group status as a protected class, the international community has allowed acts of genocide to continue into the twenty first century. To prevent future genocides against this group, and advance disability rights on a global scale, disabled people need the protections provided in the Genocide Convention.

Keywords

  • Disability
  • genocide
  • expanding protection
  • human rights
  • disability rights
  • Genocide Convention
Open Access

“This Content is not Available in your Country” A General Summary on Geo-Blocking in and Outside the European Union

Published Online: 19 Aug 2021
Page range: 153 - 183

Abstract

Summary

The phenomenon of geo-blocking is one of the new challenges of the digital era. Geo-blocking is a modern form of discrimination that differentiates between consumers on the basis of their geographical location. The phenomenon ultimately affects the situation of the citizen concerned and may also constitute an obstacle to the single market. Digital time has put a number of issues to be resolved on the legislator’s table in recent years, one of which is the phenomenon of geo-blocking. Already in 2015, the European Commission led by Juncker (2014–2019) adopted the Digital Single Market (DSM) strategy, which marked the European Union’s (EU) path towards innovation by creating a new digital dimension of the Single Market. In order to achieve the DSM strategy and the digital objectives, a number of legislative acts have been put in place to address the elements of the DSM and exploit the benefits of technological modernisation. The geo-blocking phenomenon is presented in this study, partly in terms of practical aspects and partly with regard to the geo-blocking regulation. The Ursula von der Leyen-led Commission (2019–2024) identifies “a Europe fit for the digital age” among its six priorities. Among the priorities, the “promotion of a European way of life”, must be linked to the digital priorities, as our smart tools and our digital presence are becoming an integral part of our lives – and our common way of life – especially at this time of the COVID-19 pandemic. Innovation has also been accelerated by the current exceptional situation, the health emergency caused by COVID-19, forcing us to work remotely, remote contacts and the constant use of our smart tools. The realisation of digital well-being is therefore also an integral part of our lifestyle. In the intersection of digitalisation and development and the promotion of a common European way of life, we can find a single market in which we can experience a significant aspect of our European way of life – the free movements and cross-border transactions – even through our online presence. The internal market is the dimension for the proper functioning of which the Union institutions can adopt a legislative act. In addition, measures taken to remove barriers and remove obstacles are essential for the functioning of the internal market. Joint action against geo-blocking as an internal market barrier will also play a role in creating digital prosperity by promoting the proper functioning of the internal market by promoting e-commerce and electronic content access. The aim of the study on the one hand is to present issues related to geo-blocking in a brief and descriptive manner from the perspective of the social, economic and legal environment linked to the internal market. On the other hand, the study briefly presents the legal environment of geo-blocking in the USA, Russia, China and Japan.

Keywords

  • Geo-blocking
  • digital single market
  • geo-discrimination
  • digitalisation
  • innovative society
  • digital preparedness
Open Access

Conflict of Laws, Choice of the Forum Court in the us, and the Due Process in Family Law Disputes

Published Online: 19 Aug 2021
Page range: 184 - 210

Abstract

Summary

In the United States (US) the family law litigant will have to consider the implications of laws that are federally recognised and those which the state embodies in its own family law statutes. The function of the equal protection clause and due process clause of the Fourteenth Amendment of the Constitution protects the parties in family disputes that reach the court. The operation of the Full Faith and Credit Clause is an important consideration and is central to the question if the court can apply the law of the forum court (lex fori) or that of the state where the dispute emanated. The federal constitution allows the state courts to apply marriage laws of another state. If the issue is procedural, then the law of the state will be applied where the dispute that gave rise to the litigation (lex loci). This paper examines the interstate in family law by considering marriages, child custody, and adoption rules and it enquires whether the courts have been sufficiently consistent in interpreting family law of the state in accordance with Article IV, Section 1. There is also a section that compares the law in the US with the application of the lex fori rules in family cases in the Scottish jurisdiction and how that influences parties in family law disputes.

Keywords

  • Conflict of laws
  • Full Faith and Credit clause
  • res judicata
  • public policy
  • Fourteenth Amendment
  • Equal Protection clause
  • Due process clause
  • Child custody
  • Adoption
Open Access

The Concept of Child and its Legal Synonyms In Polish Criminal Law

Published Online: 19 Aug 2021
Page range: 211 - 226

Abstract

Summary

Criminal law, which uses the strictest measures at the disposal of the legislator, requires particular caution in the interpretation of the concepts appearing in the repressive law. The concept of a child in criminal law cause many problems of interpretation, as it appears in many legal acts in a different sense. The publication is devoted to presenting the concept of a child in various legal acts and reflecting on the different meanings of the descriptions of the child made by the legislator and the legitimacy of the differentiations made by him. The question arises as to whether the creation of many different concepts describing a child is justified.

Keywords

  • child
  • minor
  • youthful
  • legal synonyms
  • interpretation
Open Access

Caractéristiques Et Conséquences Des Dispositions Constitutionnelles Relatives à La Responsabilité Budgétaire En Slovaquie

Published Online: 19 Aug 2021
Page range: 227 - 241

Abstract

Summary

Regulation of fiscal responsibility is an integral part of the Constitution in several European states. Among these states there is also Slovakia, which passed a special constitutional law on fiscal responsibility in 2011 and established the Fiscal Responsibility Council as an independent constitutional institution. This constitutional law was followed by a new constitutional amendment in 2020, which enshrines the explicit obligation for the State to protect the long-term sustainability of its economy through transparency and efficiency in the spending of public funds. In this context, this article analyzes the normative scope of this constitutional framework and its effects in practice, as well as the theoretical possibilities of its applicability in proceedings before the Constitutional Court of the Slovak Republic.

Keywords

  • constitutional law
  • fiscal responsibility
  • fiscal transparency
  • long-term sustainability
  • public expenses
Open Access

About John Austin’s Analytical Jurisprudence: The Empirical-Rationalist Legal Positivism

Published Online: 19 Aug 2021
Page range: 242 - 261

Abstract

Summary

This article deals with analytical jurisprudence topics presented in John Austin’s work, his predecessors, and its influence on the contemporary theory of law. The article analyses his analytical method, understanding of what the method implies, and its application in understanding law as a social phenomenon. Not only does the article analyse the law phenomenon, but it also presents his views on similar phenomena in law, such as international and constitutional law, the phenomenon of sovereignty and a sovereign, and the principle of general utility as one of the moral principles. His theory of law was one of the most significant theoretical approaches in England of the 19th century, and also constituted the baseline for new conceptions and the basis of critical analyses of later positive law theories. Moreover, his work provides a solid ground for explanations of individual branches of law, especially criminal law. Finally, the article also presents a critical analysis of his approach, useful and important findings, and the perspectives for further development of the theory of law, especially in the domain of his analytical, empirically oriented and descriptive method.

Keywords

  • John Austin
  • command theory
  • analytical jurisprudence
  • analytical method
10 Articles
Open Access

Reforming the International Criminal Court (ICC): Progress, Perils and Pitfalls Post the ICC Review Process

Published Online: 19 Aug 2021
Page range: 7 - 42

Abstract

Summary

The International Criminal Court is a very controversial institution. It is extensively criticised by both its critics and its supporters. This article examines what steps have been taken to reform the Court. It considers issues such as the need for better communications and messaging by the Court. The paper takes up how and why the Court needs to engage better and in more far-reaching ways with a host of role players that affect the terrain in which the Court operates. It is argued that more reform is needed in how the Court is lead, how it operates, and who the judges and staff are. It is argued that greater diversity is needed at the Court. Also taken up are how the reach of the Court can be increased beyond only prosecutions, how the Court can assist states to prosecute more cases themselves, and how the Court can become more victim centred. A core theme is how state cooperation can be enhanced. A range of suggestions are made so as to enhance the role of the Court in the years to come.

Keywords

  • International Criminal Court
  • International Criminal Justice
  • Criticisms
  • Reforms
  • Human Rights Violations
  • Impunity
  • Deterrence
  • ICC Review Process
  • Crime of Aggression
  • United Nations Security Council
Open Access

Access to Covid-19 Vaccine: Patents vs. People?

Published Online: 19 Aug 2021
Page range: 43 - 78

Abstract

Summary

The article is looking into the issue of global equitable access to Covid-19 vaccines from the perspective of intellectual property rights, in particular patents. The discussed topics include instruments that could potentially facilitate access to patent protected health technologies (Covid-19 vaccines). Some of them are non-voluntary in nature, like the compulsory licenses in accordance with the TRIPS Agreement and others rely on the voluntary participation of the pharmaceutical industry, such as the C-TAP and the Medicines Patent Pool. The article also explores the controversial initiative regarding an “intellectual property waiver” proposed by a number of WTO members.

Keywords

  • Covid-19
  • vaccine
  • intellectual property
  • patents
  • TRIPS Agreement
  • intellectual property waiver
  • compulsory licence
  • C-TAP
  • Medicines Patent Pool
Open Access

Istanbul Convention, Honour Killings and Turkey’s Experience

Published Online: 19 Aug 2021
Page range: 79 - 99

Abstract

Summary

The problem of domestic violence against women (DVAW) is a global concern and pivotal point which is still waiting for necessary radical measures to prevent it. Honour related violence is a phenomenon and special form of domestic violence against women that affects every country. For decades, honour killings have been a topical legal issue in Turkey. This article highlights the positive changes of Turkey’s legislation after ratification of the Istanbul Convention, which provides legal protection and prevention measures to help women and their families and shows how important it was for Turkey to implement the Convention in order to prevent these crimes. The authors shed light to the point that Turkey has done much to implement the Istanbul Convention, but male-dominated mentality, still hampers the effective prevention of gender-based violence. Article analyses the importance of the Istanbul Convention in Turkey through the “Unjust Provocation” concept and Law No. 6284 which was adopted by Turkey after ratification of the Convention.

Keywords

  • Honour Killing
  • Domestic Violence Against Women (DVAW)
  • The Istanbul Convention
  • Unjust Provocation
  • Law No. 6284
  • Violence Against Women
Open Access

Binding or Non-Binding: Analysing the Nature of the Asean Agreements

Published Online: 19 Aug 2021
Page range: 100 - 123

Abstract

Summary

ASEAN has gradually attempted to assert itself as a diplomatic force to reckon with. However, over the recent past, it’s ability to deal with regional issues and situations has come under scrutiny. This paper argues that the reason behind such lack of clear decision making arises from the large presence of Soft Law nomenclature in ASEAN agreements, resulting in the lack of any Hard Law obligations on these nations. The paper attempts to highlight the lack of clarity in the nomenclature used in ASEAN agreements, the problems that arise from the same, and the possible reasoning behind the usage of such nomenclature. In conclusion, the paper provides a few solutions and recommendations that could be adopted by the ASEAN community of nations to establish themselves as an economic community.

Keywords

  • ASEAN
  • nature
  • binding
  • hard law
  • soft law
Open Access

Destroying Disability: Expanding Application of the Genocide Convention

Published Online: 19 Aug 2021
Page range: 124 - 152

Abstract

Summary

Disability is not a protected class under the Genocide Convention, even though disabled people across the world frequently face egregious human rights violations. Many of those practices should be considered genocide because they meet the criteria listed in the definition. In order to amount to genocide, an action must be committed with the intent to destroy a group, in whole or in part, by killing, causing serious harm, inflicting conditions of life calculated to bring about destruction of the group, prevent births, or forcibly transfer children out of the group. Disabled people have been subjected to all these actions. By refusing to grant this group status as a protected class, the international community has allowed acts of genocide to continue into the twenty first century. To prevent future genocides against this group, and advance disability rights on a global scale, disabled people need the protections provided in the Genocide Convention.

Keywords

  • Disability
  • genocide
  • expanding protection
  • human rights
  • disability rights
  • Genocide Convention
Open Access

“This Content is not Available in your Country” A General Summary on Geo-Blocking in and Outside the European Union

Published Online: 19 Aug 2021
Page range: 153 - 183

Abstract

Summary

The phenomenon of geo-blocking is one of the new challenges of the digital era. Geo-blocking is a modern form of discrimination that differentiates between consumers on the basis of their geographical location. The phenomenon ultimately affects the situation of the citizen concerned and may also constitute an obstacle to the single market. Digital time has put a number of issues to be resolved on the legislator’s table in recent years, one of which is the phenomenon of geo-blocking. Already in 2015, the European Commission led by Juncker (2014–2019) adopted the Digital Single Market (DSM) strategy, which marked the European Union’s (EU) path towards innovation by creating a new digital dimension of the Single Market. In order to achieve the DSM strategy and the digital objectives, a number of legislative acts have been put in place to address the elements of the DSM and exploit the benefits of technological modernisation. The geo-blocking phenomenon is presented in this study, partly in terms of practical aspects and partly with regard to the geo-blocking regulation. The Ursula von der Leyen-led Commission (2019–2024) identifies “a Europe fit for the digital age” among its six priorities. Among the priorities, the “promotion of a European way of life”, must be linked to the digital priorities, as our smart tools and our digital presence are becoming an integral part of our lives – and our common way of life – especially at this time of the COVID-19 pandemic. Innovation has also been accelerated by the current exceptional situation, the health emergency caused by COVID-19, forcing us to work remotely, remote contacts and the constant use of our smart tools. The realisation of digital well-being is therefore also an integral part of our lifestyle. In the intersection of digitalisation and development and the promotion of a common European way of life, we can find a single market in which we can experience a significant aspect of our European way of life – the free movements and cross-border transactions – even through our online presence. The internal market is the dimension for the proper functioning of which the Union institutions can adopt a legislative act. In addition, measures taken to remove barriers and remove obstacles are essential for the functioning of the internal market. Joint action against geo-blocking as an internal market barrier will also play a role in creating digital prosperity by promoting the proper functioning of the internal market by promoting e-commerce and electronic content access. The aim of the study on the one hand is to present issues related to geo-blocking in a brief and descriptive manner from the perspective of the social, economic and legal environment linked to the internal market. On the other hand, the study briefly presents the legal environment of geo-blocking in the USA, Russia, China and Japan.

Keywords

  • Geo-blocking
  • digital single market
  • geo-discrimination
  • digitalisation
  • innovative society
  • digital preparedness
Open Access

Conflict of Laws, Choice of the Forum Court in the us, and the Due Process in Family Law Disputes

Published Online: 19 Aug 2021
Page range: 184 - 210

Abstract

Summary

In the United States (US) the family law litigant will have to consider the implications of laws that are federally recognised and those which the state embodies in its own family law statutes. The function of the equal protection clause and due process clause of the Fourteenth Amendment of the Constitution protects the parties in family disputes that reach the court. The operation of the Full Faith and Credit Clause is an important consideration and is central to the question if the court can apply the law of the forum court (lex fori) or that of the state where the dispute emanated. The federal constitution allows the state courts to apply marriage laws of another state. If the issue is procedural, then the law of the state will be applied where the dispute that gave rise to the litigation (lex loci). This paper examines the interstate in family law by considering marriages, child custody, and adoption rules and it enquires whether the courts have been sufficiently consistent in interpreting family law of the state in accordance with Article IV, Section 1. There is also a section that compares the law in the US with the application of the lex fori rules in family cases in the Scottish jurisdiction and how that influences parties in family law disputes.

Keywords

  • Conflict of laws
  • Full Faith and Credit clause
  • res judicata
  • public policy
  • Fourteenth Amendment
  • Equal Protection clause
  • Due process clause
  • Child custody
  • Adoption
Open Access

The Concept of Child and its Legal Synonyms In Polish Criminal Law

Published Online: 19 Aug 2021
Page range: 211 - 226

Abstract

Summary

Criminal law, which uses the strictest measures at the disposal of the legislator, requires particular caution in the interpretation of the concepts appearing in the repressive law. The concept of a child in criminal law cause many problems of interpretation, as it appears in many legal acts in a different sense. The publication is devoted to presenting the concept of a child in various legal acts and reflecting on the different meanings of the descriptions of the child made by the legislator and the legitimacy of the differentiations made by him. The question arises as to whether the creation of many different concepts describing a child is justified.

Keywords

  • child
  • minor
  • youthful
  • legal synonyms
  • interpretation
Open Access

Caractéristiques Et Conséquences Des Dispositions Constitutionnelles Relatives à La Responsabilité Budgétaire En Slovaquie

Published Online: 19 Aug 2021
Page range: 227 - 241

Abstract

Summary

Regulation of fiscal responsibility is an integral part of the Constitution in several European states. Among these states there is also Slovakia, which passed a special constitutional law on fiscal responsibility in 2011 and established the Fiscal Responsibility Council as an independent constitutional institution. This constitutional law was followed by a new constitutional amendment in 2020, which enshrines the explicit obligation for the State to protect the long-term sustainability of its economy through transparency and efficiency in the spending of public funds. In this context, this article analyzes the normative scope of this constitutional framework and its effects in practice, as well as the theoretical possibilities of its applicability in proceedings before the Constitutional Court of the Slovak Republic.

Keywords

  • constitutional law
  • fiscal responsibility
  • fiscal transparency
  • long-term sustainability
  • public expenses
Open Access

About John Austin’s Analytical Jurisprudence: The Empirical-Rationalist Legal Positivism

Published Online: 19 Aug 2021
Page range: 242 - 261

Abstract

Summary

This article deals with analytical jurisprudence topics presented in John Austin’s work, his predecessors, and its influence on the contemporary theory of law. The article analyses his analytical method, understanding of what the method implies, and its application in understanding law as a social phenomenon. Not only does the article analyse the law phenomenon, but it also presents his views on similar phenomena in law, such as international and constitutional law, the phenomenon of sovereignty and a sovereign, and the principle of general utility as one of the moral principles. His theory of law was one of the most significant theoretical approaches in England of the 19th century, and also constituted the baseline for new conceptions and the basis of critical analyses of later positive law theories. Moreover, his work provides a solid ground for explanations of individual branches of law, especially criminal law. Finally, the article also presents a critical analysis of his approach, useful and important findings, and the perspectives for further development of the theory of law, especially in the domain of his analytical, empirically oriented and descriptive method.

Keywords

  • John Austin
  • command theory
  • analytical jurisprudence
  • analytical method

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