<abstract xmlns="http://www.w3.org/1999/xhtml"> On February 26 2011, the UN Security Council unanimously adopted Resolution 1970 referring the situation concerning Libya to the International Criminal Court (ICC). Th is unprecedented support for and acknowledgment of the ICC did not come without a price: conditio sine qua non for Council members not party to the ICC was the inclusion of operative § 6 into the resolution, which exempts certain categories of nationals of non-parties from ICC jurisdiction. Th e same highly controversial exemption was included in the Security Council’s referral of the situation in Darfur to the ICC in 2005. Deviating from the Rome Statute’s jurisdiction regime such practice not just poses challenges to principles of international criminal justice but raises the question whether the Rome Statute is altered by the resolution containing the referral to the effect that the ICC is being bound to the exemptions contained in its exercise of jurisdiction. Addressing these issues, the present paper elaborates firstly on the jurisdictional exemption of § 6 and its effect on the ICC, followed by a discussion of resulting challenges to the principle of legality, the principle of universal jurisdiction for international crimes, the equality of individuals before the law and the principle of independence of the court.</abstract>

The Role of the UN Security Council vis-à-vis the International Criminal Court – Resolution 1970 (2011) and its Challenges to International Criminal Justice

<abstract xmlns="http://www.w3.org/1999/xhtml"> The paper deals with the protection of cultural heritage and defines its value to society within the Faro Convention, which was adopted by the Council of Europe in 2005. Author is focuses on the innovative concept of the “common heritage of Europe“ and its relationship to human rights and fundamental freedoms. The paper addresses the right to cultural heritage which is within the Faro Convention expressed as a dimension of the right to participate in the cultural life of the community and the right to education. In this context, the paper refers to other international human rights documents, such as the Universal Declaration of Human Rights or the International Covenant on Economic, Social and Cultural Rights. The paper also presents other individual principles and provisions of the Faro Convention regarding organisation of public responsibilities for cultural heritage or access to cultural heritage and democratic participation.</abstract>

The Concept of the Right to Cultural Heritage within the Faro Convention

<abstract xmlns="http://www.w3.org/1999/xhtml"> European integration entity ceased to be just a forum for negotiations between independent and sovereign nation states. To some extent it overlaps with the states and becomes their competitor. In this context, the classical concept of state sovereignty loses its original content and meaning. The participation in the integration project opens the question whether it takes away or weakens sovereignty of Member States? This paper puts on four arguments to proof the hypothesis that Czech Republic continues to be a sovereign country even aft er accession to the European Union.</abstract>

European Integration and Czech Sovereignty ‘Synchronized’

<abstract xmlns="http://www.w3.org/1999/xhtml"> The essence of the problem of using criminal law to affect sports injuries caused in sport lies in the fact that the means of criminal law to interfere in sport or not. From this perspective, we talk about two theories: the theory of absolute immunity sports and the theory of strict adherence to the rule of law. These two concepts are supplemented by a number of theories that perspective as an autonomous system that contains its own rules of conduct that regulate internal relations in sports. In the event that disciplinary liability is not sufficient in this case, can be applied liable under civil and administrative law. In the most serious cases, the possibility of protecting the rights and legitimate interests in sport according to the norms of criminal law. The subject of this article is selected aspects of criminal responsibility in different sports, both individual and collective. From individual sports we mainly deal with skiing. The contact sports in this article will be football, hockey and rugby.</abstract>

Some Aspects of Criminal Liability for Sports Injuries

<abstract xmlns="http://www.w3.org/1999/xhtml"> In Romania, a semi-presidential system characterized by an exaltation of the powers of the President of the Republic, there would be critical observations to be reported in relation to this institution. More precisely, it refers to the constitutional provisions which weaken the President among the political institutions and could also lead to different interpretations. First of all, the paper examines the President as popularly elected body but that does not reflect fully the will of the nation. Secondly, its oath violated the freedom of religion and if the wording will not be changed, will continue to constitute a discrimination against other non Orthodox President that could be elected. Moreover, the Romanian legal system is characterized by an independence of the President in its relationship with the Parliament but on the one hand, that does not mean that the President is more powerful in the event of dissolution of the Parliament and the other hand, the Parliament is completely independent in determining its competences in relations with the office of the Presidency.</abstract>

Powers of the President in the Romanian Semi-Presidential System. Critical Features

<abstract xmlns="http://www.w3.org/1999/xhtml"> On January 1, 2013 a new treaty between the Czech Republic and the Republic of Poland dealing with avoidance of double taxation as well as prevention of tax evasion in the field of income tax has come into effect. The treaty newly introduced the taxation of income of the permanent establishment, changes in rates of dividend taxes, interest rates and royalties, and, last but not least, what has been altered is even the definition of royalties. Furthermore, the treaty also brings a new adaptation of the profits of associated enterprises. Approval of the clause regarding exchange of information as well as cancellation of the tax-sparing clause is a novelty. This article is dealing with the description of the changes and novelties and the indication of the potential importance.</abstract>

Introducing Important Changes Concerning the Avoidance of Double Taxation Between Czech Republic and Poland

<abstract xmlns="http://www.w3.org/1999/xhtml"> The paper addresses the issue whether customs authorities of Member States are entitled to suspend or detain goods in transit (i.e., products directing from one non- Member State to another non-Member State through the EU) and the evolving case-law of the Court of Justice related to this matter. Prior to the judgment in Philips and Nokia cases, a so-called manufacturing fiction theory was applied by some Member State courts (especially Dutch courts). According to this theory, goods suspended or detained by customs authorities within the EU were considered to be manufactured in the Member State where the custom action took place. In the Philips and Nokia judgments, the Court of Justice rejected this manufacturing fiction theory. But the proposal for amendment to the Regulation on Community trade mark and the proposal of the new Trademark directive, as a part of the trademark reform within the EU, go directly against the ruling in the Philips and Nokia cases and against the Understanding between the EU and India.</abstract>

Goods in Transit and Intellectual Property Under the EU Law and Caselaw of the Court of Justice

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International and Comparative Law Review

 International and Comparative Law Review is a peer-reviewed legal journal published by the Faculty of Law, Palacký University Olomouc (Czech Republic) in cooperation with Johannes Kepler Universität in Linz (Austria) and Karl-Franzens Universität in Graz (Austria). The articles are published mostly in English; occasionally contributions in German or French may be also accepted.  The journal has been published since 2001, peer-reviewed is since 2005. It is issued twice a year.  The aim of ICLR is to reflect expert research in the field of International law and EU Law as well as in legal orders both of the Czech Republic and other Member States of the European Union. Here the special emphasis is given to the legal systems of Central European Countries. The journal is comparative by its focus and with respect to this perspective it deals with all areas of law.  Rejection Rate:   40%   Why subscribe and read   Significant contribution to the legal studies in the field of international law, transnational law, EU law and comparative law as well as in related fields of research  Contact with the up-to-date research  Contact with the group of international of scholars   Why submit   Fair and constructive double-blind peer review  Fast and efficient publication process  Commitment to the quality of every article  Wide dissemination of content   Target group  researchers and experts in the field of International law and EU Law   Archiving  Sciendo archives the contents of this journal in Portico - digital long-term preservation service of scholarly books, journals and collections.  Plagiarism Policy  The editorial board is participating in a growing community of Similarity Check System's users in order to ensure that the content published is original and trustworthy. Similarity Check is a medium that allows for comprehensive manuscripts screening, aimed to eliminate plagiarism and provide a high standard and quality peer-review process. 