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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: 223; Prenosov: 35
.pdf Celotno besedilo (998,44 KB)

Legal analysis of public authorities of Chamber for the Development of Slovenian Private Security - de lege lata and de lege ferenda
Iztok Rakar, Bojan Tičar, 2015, pregledni znanstveni članek

Opis: Purpose: This paper examines the development of delegation of public authorities to the Chamber for the Development of Slovenian Private Security. Based on an evaluation of past and present experiences, the authors set guidelines for future legal regulation and administrative practice. Design/Methods/Approach: The research presented here is based on an analysis of legal regulation and theory of public authorities, of the case law of the Constitutional Court of the Republic of Slovenia, and of the administrative inspection reports on implementation of public authorities of former Chamber of the Republic Slovenia for Private Security. Findings: Public authorities are institutes of Slovenian constitutional and administrative law. An analysis of sector-specific laws shows that a variety of administrative tasks is delegated to subjects of public and private law (e.g., public enterprises, chambers and individuals). In practice, the delegation of public authorities poses several major problems: ex ante, justifications of delegation are very vague and not supported by analyses, while ex post evaluations of delegation are non-existent and supervision of the implementation of public authorities is insufficient. In practice, supervision is mainly the result of malpractice as identified by random checks or the media, and not the result of systematic activity. The public authorities of professional chambers present a special problem. Public authorities of the former Chamber of the Republic Slovenia for Private Security pertaining to the licensing and professional supervision of members of the chamber have been withdrawn based on findings by administrative inspections. Research Limitations / Implications: The research is limited to Slovenia, but the findings are relevant for other “young democracies” in the region and of potential interest to Western European democracies. Originality/Value: The analysis addresses key problems in delegating and implementing public authorities, evaluates the results of experiences, and offers possible solutions.
Ključne besede: public authorities, private security, chamber, case law, constitutional court, Slovenia
Objavljeno: 16.04.2020; Ogledov: 224; Prenosov: 20
.pdf Celotno besedilo (548,90 KB)
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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: 742; Prenosov: 184
.pdf Celotno besedilo (732,55 KB)

Important issues of providing genetic services in Serbia from the perspective of medical law
Hajrija M. Mujović-Zornić, 2016, izvirni znanstveni članek

Opis: Medico-legal issues that arise from the work of genetic health services became in recent time very current, especially regarding the Serbian law issues and dilema how to treat rare diseases patients among other vulnerable groups, wish often were not recognized in society. The legal system shall be an important mechanism, which could help by giving some solutions concerning the relations, rights and obligations of all parties in providing genetic services (informing, counseling, testing, keeping privacy). The law is invited to establish a delicate balance between legal qualification and more practical issues. In many countries there are medical guidelines for health professionals and biologists who work in the area of human genetics, according to which is done the essential rules for medical proceedings, with also significant parameters for legal decisions. Sometimes the legal situation is more complex when it includes malpractice cases due to violation of rights or breach of professional duties and contractual obligations in genetics. All issues should be consider from the aspect of Serbian legislator efforts to make a new codification in the area of genetic diagnostics, which is adopted in January 2015.
Ključne besede: medical genetic, legislation, human rights, case of Serbia
Objavljeno: 09.10.2018; Ogledov: 461; Prenosov: 196
.pdf Celotno besedilo (9,03 MB)
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Medicine between ethics and scientific progress
Joseph Straus, 2015, izvirni znanstveni članek

Opis: The progress of medicine is heavily dependent on the progress of science and technology, which in turn depend on costly and risky investment in research and development. In this contribution, based on some concrete examples, new scientific achievements are presented as basis of modern medicine and source of ethical concerns. Addressed are also the role of scientists in coping with safety in ethical concerns as regards hazards of new technologies, costs of R&D investment in drug development and the role of patents in this context. In some detail the legal situation existing at an international and European level as regards exclusions from patentability based on reasons of ethics and morals is presented. A critical appraisal of the case law of the Court of Justice of the European Union as regards patentability of embryonic stem cells is offered.
Ključne besede: ethics, scientific progress, costs of R&D, role of patents, CJEU case law
Objavljeno: 08.10.2018; Ogledov: 264; Prenosov: 41
.pdf Celotno besedilo (840,59 KB)
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Soil liquefaction in the Tone river basin during the 2011 earthquake off the Pacific coast of Tohoku
Stanislav Lenart, Junichi Koseki, Yukika Miyashita, 2012, izvirni znanstveni članek

Opis: A brief report about the liquefaction damage in the Tone river basin, caused by the 2011 earthquake off the Pacific coast of Tohoku, is presented. It includes sand boiling, damage to river dikes, the settlement and tilt of superstructures, the uplift of light underground structures and lateral spreading. A history of land reclamation along the Tone river is briefly presented to understand why extensive liquefaction took place predominantly inreclaimed land. The recorded ground motions near the river were analyzed andcompared to near-source ground motions. The effects of the site location and the ground conditions during the peak ground acceleration are discussed.
Ključne besede: 2011 earthquake off the Pacific coast of Tohoku, liquefaction, case history
Objavljeno: 13.06.2018; Ogledov: 561; Prenosov: 46
.pdf Celotno besedilo (1,65 MB)
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Lessons learnt from field tests in some potentially unstable slopes in Switzerland
Sarah Springman, Armin Askarinejad, Francesca Casini, Sven Friedel, Peter Kinzler, Philipp Teysseire, Andrea Thielen, 2012, izvirni znanstveni članek

Opis: Rain-induced slope instability is a significant natural hazard in Switzerland, Slovenia and elsewhere in Europe. This contribution was prepared especially for the 12th Šuklje Symposium, and recognises that landslides occur both in mountain regions as well as in lowland regions during and following extreme-rainfall conditions. The Institute (and Professorship) for Geotechnical Engineering at the Swiss Federal Institute of Technology (ETH Zürich) has been engaged over several years in projects concerned with the characterisation, monitoring and modelling behaviour of slopes in mainly granular porous media across the full range of altitudes in Switzerland. A link is made to the doyen of the Šuklje day and then three case histories are presented and discussed to demonstrate the principal reactions to seasonal rainfall. A small slip was released in two of these cases and the “triggering” factors have been investigated and are discussed in this contribution. It transpires that the mode of inslope drainage influences the way in which the ground saturates and hence the volume of the potentially unstable ground. Simple stability analyses using limit equilibrium and soil parameters that have been amended to account for unsaturated soil behaviour were found to function well for slopes in largely granular media.
Ključne besede: rain-induced landslides, slope stability, case histories, monitoring, characterisation, modelling
Objavljeno: 13.06.2018; Ogledov: 439; Prenosov: 44
.pdf Celotno besedilo (1,79 MB)
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The meaning function of the case particle ʃi in the Tsuken Island dialect of Japanese considered from the perspective of collocative relations
Satomi Matayoshi, 2010, izvirni znanstveni članek

Opis: This paper describes the case particle ʃi in the Tsuken Island dialect of Okinawa, Japan. This particle has a similar function to the preposition to in the English language. It is thought that ʃi is equivalent to case particles ni or e in the Japanese standard language, but its origin is not clear. ʃi has not only the function of ni or e, but also one of the functions of Standard Japanese made. It seems that ʃi developed in the Tsuken Island dialect.
Ključne besede: Japanese, collocations, case particles, grammar, geolinguistics
Objavljeno: 05.02.2018; Ogledov: 450; Prenosov: 294
.pdf Celotno besedilo (314,21 KB)
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The transfer of knowledge in intra-organizational networks
Władzimierz Sroka, Joanna Cygler, Bożena Gajdzik, 2014, izvirni znanstveni članek

Opis: Background: In today’s business environment, a company is able to maintain its competitive position if it constantly generates knowledge and disseminates this knowledge within the organization, as well as transforms it into new competences. The ability to transfer knowledge becomes one of the key factors in the improvement of a company’s competitive position. This hypothesis is applicable particularly in the case of cooperation within networks, as they are an excellent opportunity for mutual learning between partners. Objectives: The purpose of the paper is to analyse the process of knowledge transfer in intra-organizational networks. Method: Due to the specificity of the research object, the case study method has been chosen. In order to make an in-depth analysis of the case study, we selected a group of several criteria based on the theory which we believe to be fundamental to the effectiveness of knowledge management in networks, and compared them with the situation in the ArcelorMittal Group. Results: Our research show that ArcelorMittal Group has met almost all the criteria of effective knowledge management in its intra-organizational network. Some exceptions, albeit merely to an extent, are mostly the result of historical circumstances, , i.e. the process of growth through acquisitions, and the acquisition of companies at different stages of organizational development, as well as organizational culture. Conclusion: Based on theoretical assumptions, the study analysed in details the components of knowledge management applied by the corporation in question. Therefore this study might be utilised to formulate a refutable hypothesis and verify them on a larger group of companies from different sectors of the economy. The main limitations of the paper are mostly related to the inherent approach therein
Ključne besede: knowledge, knowledge transfer, knowledge management, networks, case study analysis
Objavljeno: 22.01.2018; Ogledov: 809; Prenosov: 81
.pdf Celotno besedilo (235,90 KB)
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