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1.
Immunity of Heads of State and High-Ranking State Officials for International Crimes
Admir Muratović, 2021, magistrsko delo

Opis: The present thesis is devoted to the immunity of Heads of State and high-ranking State officials, generally meaning the Heads of Government, and the Foreign Ministers, before the national and international courts, for international crimes as codified in the Rome Statute of the International Criminal Court (ICC), namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression, with partial touch upon the crime of torture as well. The introductory part lays out the prosecution of State officials throughout the history all the way to the World War II, the Nuremberg and Tokyo Trials, and the developments in the decades post-World War II, with the eventual establishment of the ICC. Afterwards, the definitions and list of international crimes are discussed. Following the arguments for the rationale behind immunity and the correlation between immunity and jurisdiction, I elaborate on the various types of immunity, such as State immunity – and its subcategories personal and functional immunities – and diplomatic immunity. Thereby, I discuss at length the range of seemingly outstanding questions relating to, e.g., the scope of State officials entitled to immunity ratione personae, whether the commission of international crimes constitute officials acts, whether the immunity of State precludes a lawsuit towards State for breaches of jus cogens norms by acts that qualify as acta jure imperii, whether the diplomatic immunity pertains to high-ranking State officials other than ambassadors and diplomatic agents, etc. The explanations of other, less debatable questions, such as the distinction between personal and functional immunities for international crimes before national courts, is also provided. In the following part, I analyse the immunity of the incumbent high-ranking State officials before international courts, with a particular focus set on the ICC and Article 27 of the Rome Statute. Emphasizing provisions concerning international cooperation and judicial assistance to the ICC, I bring up Article 98 of the Rome Statute as a counterweight to the rejection of immunity before the ICC, and consider the interplay between both, Articles 27 and 98. Another point of divergence here is the question of which States fall under the scope of the term ‘third State’ in Article 98 of the Rome Statute. Furthermore, the analysis of the Al-Bashir case is provided through the application of the United Nations (UN) Security Council Resolution 1593 (2005), as well as Articles 25 and 103 of the UN Charter. Additionally, I intend to provide a method of resolving some of the ambiguities stemming out of the seemingly contradicting Rome Statute provisions by applying the rules of treaty interpretation, in particular its subsidiary means, discerning the object and purpose of the Rome Statute through the lenses of its Preamble. In the final part, I have sought out various other concepts that could supersede the immunity of high-ranking State officials for international crimes, including the jus cogens international crime exception to immunity, the obligation aut dedere aut judicare, and the universal jurisdiction.
Ključne besede: State immunity, immunity ratione personae, immunity ratione materiae, Heads of State, high-ranking State officials, international crimes, international courts, International Criminal Court (ICC), Rome Statute, Al-Bashir case, UN Security Council
Objavljeno: 23.07.2021; Ogledov: 1; Prenosov: 0
.pdf Celotno besedilo (998,44 KB)

2.
Relationship of the Brussels I Regulation vis-à-vis legal remedies provided by national enforcement laws
Damjan Orož, 2018, izvirni znanstveni članek

Opis: Article discuss the impact of the Brussels I and Brussels I bis Regulations on Slovenian enforcement proceedings. The aim of the Brussels I bis Regulation is to ensure creditors a simpler but mostly quicker access to enforcement in case a judgment must be enforced in a state other than the Member State of origin. The new regulatory framework will certainly facilitate quicker access to enforcement for creditors. However, this can only be ensured categorically in the first phase of enforcement, i.e. the seizure of assets (distraint). In subsequent enforcement phases successful enforcement in favour of the creditor could be stayed if the debtor decides to enforce grounds used to challenge the enforceability of a foreign judgment. A major distinction is that the control of enforceability will only proceed if and when the debtor so requests.Prispevek obravnava vpliv Uredb BU I in BU I bis na slovenski izvršilni postopek. Namen BU I bis je upniku zagotoviti lažji, predvsem pa hitrejši dostop do izvršbe v primeru, da je treba sodbo izvršiti v drugi državi kot v državi izvora. Gotovo bo nova ureditev upniku zagotovila hitrejši dostop do izvršbe, vendar to lahko kategorično zagotovimo le za prvo fazo izvršbe, to je rubež premoženja. V kasnejših fazah izvršitve pa se utegne upniku uspešna izvršba odložiti, če se dolžnik odloči uveljavljati razloge, s katerimi bo nasprotoval izvršljivosti tuje sodne odločbe. Pomembna razlika je ta, da se bo kontrola izvršljivosti opravila le ko in če bo dolžnik to zahteval.
Ključne besede: enforcement in the Member State of enforcement, foreign judgment, application for refusal of enforceability, objection against the enforcement order, creditor
Objavljeno: 15.01.2021; Ogledov: 82; Prenosov: 41
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3.
Competition authorities as the pillar of a competitive social market economy
Tatjana Jovanić, 2017, izvirni znanstveni članek

Opis: The European economic model benefits from market forces as conditions for achieving goals of enterprises and consumers and economic efficiency is assured by necessary market infrastructure. Competition authorities are, without a doubt, one of the crucial pillars of the (social) market economy. The strength and impact of the competition rules is determined by their efficient implementation. The modest results to date of the competition policy in transitional economies militates in favor of an increase of the institutional capacity and require strengthening of the regulatory powers of public agencies in construction of an efficient economic system. Establishing a system of competitive markets through sectoral regulation, competition protection and state aid control at the national level requires a valid solution for a variety of legal, political and institutional conflicts. As the experience of the countries of South-East Europe has shown, many difficulties arising from the establishment of a functioning control system are procedural and relate to institutional building dilemmas. The purpose of this article is to shed light on the requirements the Republic of Serbia has to satisfy in accession negotiations, and in particular, those related to building an efficient system of state aid control.
Ključne besede: social market economy, competition protection, state aid, institution building, Serbia
Objavljeno: 15.01.2021; Ogledov: 51; Prenosov: 4
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4.
The argument for choosing state's judicial system or a "private" outsourced resolution of disputes
Jorg Sladič, 2018, izvirni znanstveni članek

Opis: Terms such as arbitration, mediation, conciliation and alternative dispute resolution (ADR) are nowadays standard terms in any classroom textbook on civil procedure. Legal scholars enumerated and assessed in depth the advantages and disadvantages of any type of outsourced dispute resolution. However, a number of legal writers still fail to enumerate the exact differences in course of events and all of the trade-offs that a party will have when deciding to resolve the dispute using an outsourced dispute resolution. Clearly the costs, the celerity and the flexibility are important issues. However, the decision is not influenced solely by legal arguments. This paper will mention some typical Slovenian issues in an assessment of the choice of dispute resolution. If parties want to continue to remain in good terms after the dispute, then an outsourced dispute resolution is highly recommended. Judicial rulings are to binary; one party wins, one loses.
Ključne besede: alternative dispute resolution, ADR, arbitration, mediation, outsourced mediation, courtconnected mediation, choice of ADR, State as party in litigation and ADR
Objavljeno: 15.01.2021; Ogledov: 76; Prenosov: 40
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5.
6.
Standard of control under Article 8 ARSIWA
Leon Brulc, 2019, magistrsko delo

Opis: State responsibility is considered an essential part of international law, since the whole body of international law would in essence be deemed ineffective if the States were not held liable for their conduct. States are the principal bearers of international obligations because of their legal personality. As a consequence, the fact that States have certain obligations, means that responsibility is heavily interlinked with the notion of sovereignty and vice versa. Similarly to individuals, sovereignty of States is limited with the rights of other States. However, this does not mean that State responsibility is an abandonment of State’s sovereignty, but rather its attribute. A State cannot act on its own. It can only conduct its operations through its organs and through private actors. While the conduct of an organ of a State might automatically be attributed to that State, the attributability of a private actor’s conduct appears to be more problematic. One of the grounds of attribution of a private actor’s conduct is found in Article 8 of the International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA). Under Article 8 of the ARSIWA, private actor’s conduct is attributable to a State if that State instructs a private actor or if it controls or directs it. When it comes to the attribution on the grounds of control, the case law and theory, as to the degree of control required to trigger State responsibility, are at odds. While part of the theory defends the test adopted by the International Court of Justice (the effective control test), other academics defend the test proposed by International Criminal Tribunal for the former Yugoslavia (the overall control test). This clash is the focal point of the thesis. While both of these tests were developed in a (para)military context, the question arises whether they can be applied to private corporations, and if the answer is yes, to what extent. In addition to proposing an appropriate test for corporations, this thesis also tries to find the appropriate test for (para)military group and determine whether there should be only one test for attribution or if there ought to be multiple.
Ključne besede: State responsibility, Articles on Responsibility of States for Internationally Wrongful Acts, Article 8, Attributability, Control, Tadić case, Military activities in Nicaragua case, Bosnian genocide case, effective control test, overall control test
Objavljeno: 27.06.2019; Ogledov: 676; Prenosov: 171
.pdf Celotno besedilo (732,55 KB)

7.
Nonlinear control of a one-dimensional self-balancing system with an inertia wheel
Marko Boršić, 2019, magistrsko delo

Opis: The master’s thesis describes the development of a one-dimensional self-balancing system with an inertia wheel. The plan was to establish all the theoretical knowledge that was gathered throughout the process of studying at the University and to finish the practical model which has the ability to balance in one dimension. The paper contains a description of constructing the mechanical part of the pendulum, developed in SolidWorks software. It also contains the execution of the mathematical model of the inverted pendulum. The simulation was conducted in Matlab/Simulink software. Based on the results of the simulation, the design of the controller for the EC motor was made. Designed controllers and measured data required for the active balance of the system were implemented on the microcontroller STM32F4. To measure the angle and angle velocity, the gyroscope and accelerometer on the MPU6050 sensor were used. The results of the simulation and of the practical model are presented in this paper.
Ključne besede: modeling, inertia wheel, backstepping, state space, sliding mode
Objavljeno: 29.03.2019; Ogledov: 1119; Prenosov: 209
.pdf Celotno besedilo (3,00 MB)

8.
The argument for choosing state's judicial system or a "private" outsourced resolution of disputes
Jorg Sladič, 2018, izvirni znanstveni članek

Opis: Terms such as arbitration, mediation, conciliation and alternative dispute resolution (ADR) are nowadays standard terms in any classroom textbook on civil procedure. Legal scholars enumerated and assessed in depth the advantages and disadvantages of any type of outsourced dispute resolution. However, a number of legal writers still fail to enumerate the exact differences in course of events and all of the trade-offs that a party will have when deciding to resolve the dispute using an outsourced dispute resolution. Clearly the costs, the celerity and the flexibility are important issues. However, the decision is not influenced solely by legal arguments. This paper will mention some typical Slovenian issues in an assessment of the choice of dispute resolution. If parties want to continue to remain in good terms after the dispute, then an outsourced dispute resolution is highly recommended. Judicial rulings are to binary; one party wins, one loses.
Ključne besede: ADR, arbitration, mediation, outsourced mediation, court- connected mediation, choice of ADR, State as party in litigation and ADR
Objavljeno: 02.08.2018; Ogledov: 505; Prenosov: 57
.pdf Celotno besedilo (669,18 KB)
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9.
Competition authorities as the pillar of a competitive social market economy
Tatjana Jovanić, 2017, izvirni znanstveni članek

Opis: The European economic model benefits from market forces as conditions for achieving goals of enterprises and consumers and economic efficiency is assured by necessary market infrastructure. Competition authorities are, without a doubt, one of the crucial pillars of the (social) market economy. The strength and impact of the competition rules is determined by their efficient implementation. The modest results to date of the competition policy in transitional economies militates in favor of an increase of the institutional capacity and require strengthening of the regulatory powers of public agencies in construction of an efficient economic system. Establishing a system of competitive markets through sectoral regulation, competition protection and state aid control at the national level requires a valid solution for a variety of legal, political and institutional conflicts. As the experience of the countries of South-East Europe has shown, many difficulties arising from the establishment of a functioning control system are procedural and relate to institutional building dilemmas. The purpose of this article is to shed light on the requirements the Republic of Serbia has to satisfy in accession negotiations, and in particular, those related to building an efficient system of state aid control.
Ključne besede: social market economy, competition protection, state aid, institution building, Serbia
Objavljeno: 02.08.2018; Ogledov: 447; Prenosov: 43
.pdf Celotno besedilo (444,68 KB)
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10.
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