Zbornik Radova Pravnog Fakulteta u Nišu 

About: Zbornik Radova Pravnog Fakulteta u Nišu is an academic journal published by Niš Law School. The journal publishes majorly in the area(s): Human rights & Legislation. It has an ISSN identifier of 0350-8501. It is also open access. Over the lifetime, 141 publications have been published receiving 122 citations.

Towards a global Hague Convention on the recognition and enforcement of judgments in civil or commercial matters

Abstract: There is a certain irony in the fact that, when later this year the Convention on the Recognition and Enforcement of Judgments will see the light, the work that started in the 1960's with the 1965 Choice of Court and the 1971 Recognition and Enforcement Conventions will have come full circle: the Hague Conference will, once again, after having crafted an instrument on choice of court, adopt a Recognition and Enforcement Convention! Yet, the image of an upward spiral will hopefully do better justice to the outcome. If one compares the 1965 and 2005 Choice of Court Conventions, it is only fair to note that the former went only half way, in particular insofar as it did not unify the rules of recognition and enforcement of judgments but left these to national law, and it never came into force, whereas the 2005 Convention now binds 32 States, has been signed by the US and China, and is likely to attract more Parties in the future. 50. The reasons for the failure of the 1971 Convention have been set out supra 10.-13. The structure of the new Convention will hopefully be less complicated than that of its predecessor. A bilateralisation requirement should be avoided, or at least drafted in a way that makes the application of the Convention not unduly difficult. Contrary to the situation forty years ago, there is no competing (European or international) instrument available. On the contrary, through its membership of the Hague Conference (since 2007), the EU has acknowledged the importance of this organisation as a forum for negotiating global instruments. For the EU, the Judgments Project is now a priority project of the gradual construction of an external EU policy on judicial cooperation in civil and commercial matters. From a global perspective, the Convention will fulfill a long-felt need for a multilateral framework for the recognition and enforcement of judgments. The Convention will, as a whole, contribute to the aforementioned 2030 UN Agenda for Sustainable Development which encourages the international community to "promote the rule of law at the national and international levels and ensure equal access to justice for all" (Sustainable Development Goal 16.3).45 in terms of its scope, if (for example) IP and or anti-trust matters were excluded, it may end up as a rather modest instrument, but that may be inevitable to attract worldwide participation. In the future, its substantive reach might also be broadened, through additional protocols.46 It will be very important to focus the energy of the Conference on the promotion and follow up on the implementation and application of the future Convention. This will require considerable efforts, from which work on a possible "traite double" (supra 2.) should not detract. After so many years of intense study, dialogue and negotiations, the 2019 Convention on the Recognition and Enforcement of Judgments in Civil or Commercial Matters has the potential of meeting the need for a truly global common framework for the circulation of judgments in our emerging world society

The Hague convention on the law applicable to traffic accidents and Rome II regulation

Abstract: The Hague Convention on the Law Applicable to Traffic Accidents (hereinafter: the Convention) contains harmonised rules regarding the law applicable to non-contractual liability for damage arising from traffic accidents. According to the Convention, a traffic accident is an accident which involves one or more vehicles, and is connected with traffic on a public high­way, in grounds open to the public or in private grounds to which certain persons have a right of access. The rule is adapted to the specifics of road transport, objectified according to certain facts in the particular case. The Convention introduces something new into the existing system of conflict of laws resolution based on relevant facts i.e. the application of the law of the place of vehicle registration when there is only one vehicle involved, in the accident which is registered in the country which is not the place of the accident, or when there are more vehicles involved in the accident which are registered in the same country which is not the country of the accident. The basic aim of the Convention was to facilitate the compensation of damage by means of automobile liability insurance and improvement of the position of the injured parties. In relation to determining the law applicable to non-contractual liabilities, the EU enacted the Regulation Rome II which does not provide solutions for road traffic accidents but general standards of the Regulation (article 4) are applied in such cases.

Utjecaj konvencijskih načela tumačenja na pojedine građanskopravne institute (odabrana pitanja)

Abstract: Apstrakt: Autorice u radu promatraju utjecaj pojedinih načela tumačenja Konvencije za zaštitu ljudskih prava i temeljnih sloboda kojima se služi Europski sud za zaštitu ljudskih prava i dovode ih u vezu s odabranim institutima građanskog prava. Riječ je o načelima: autonomnog koncipiranja pojmova, živućeg instrumenta (evolutivnog tumačenja), učinkovitosti i s tim u vezi polja slobodne procjene država i pozitivnih obveza država. Navedeno je na koji način su tumačenja Konvencije u skladu s ovim načelima utjecala na vindikacijsku i negatorijsku zaštitu.

Questions on protection of cultural heritage

Abstract: Despite the progress realized during the last decades regarding the protection of the cultural heritage, there is still a lot to do in order to arrive in a satisfactory regime. The attention of those who will deal with this issue in the future must be in particular focused on: (a) the possible assimilation of the status of the illegally exported cultural objects to that of stolen objects, in order to increase the protection, combined with an effort to limit to some extent the categories of cultural objects deserving higher protection; (b) to endow with more efficiency the certificates of origin; (c) to rectify or (even better) to abolish the regime of the so called bona fide purchase of cultural objects; and (d) to fight for unconditional return of stolen or illegally exported cultural objects to the State of their origin, without pretexts of any kind.

Eastern Europe before the World Court: "Thumbelina" of the international legal order?

Abstract: The cases referred to the World Court (the ICJ and he PCIJ) that arose as a consequence of the events which occurred in Eastern Europe, as well as some brilliant albeit mutually very different international jurists from this part of Europe, had a significant impact on the development of international law. The article provides strong evidence that the significance of Eastern Europe issues and the Court judges coming from this region is highly disproportionate to the rather minuscule size of the Eastern European region. This importance is proven by several quantitative and qualitative indicators summarized in the concluding remarks of the article: the number of Eastern European cases brought before the Court, the number of Eastern European judges who served in the Court, the number of judges from Eastern Europe who were Presidents of the Court, the number of years during which Presidents of the Court were from Eastern Europe, the impact of some of the judges on the substance of key Court decisions, etc.