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Pravni Zapisi
Scopus
ISSN 2217-2815 · Union University, Faculty of Law, Belgrade · 238 artikel di indeks
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Civic V. National state: A false dilemma
This paper critically reexamines the dichotomy between the civic state and the national state, arguing that it is both empirically inadequate and normatively misleading. It conceptualizes these approaches as normative models and highlights their internal limitations: the civic model may conceal…
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Resisting the allure of future generations' "rights"
The language of future generations (FG) has become prominent in climate litigation; they are increasingly being treated as present rightsholders. Using a constitutional perspective, the paper argues that FG cannot function as present rightsholders since the category is legally vague, conceptually…
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Peace treaties in the 21st century: Treaty validity at the crossroads of the principle of peaceful settlement of disputes and the prohibition of the use of force
Peace treaties remain the central instruments of war termination, yet their legal nature is under-theorized in light of the UN Charter's prohibition of the use of force and the duty of peaceful settlement. This article traces the historical evolution of peace treaties, analyzes their changing…
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Judicial narrative sovereignty: Normalization of emergency through unconstitutional constitutional amendments in times of crisis
This paper explores the role of the courts in times of crisis and emergency. It focuses on the tension between the imaginary conceptualizations regarding the status of courts in times of normalcy and emergency that exist in the theoretical discourse and the constitutional anthropology and the…
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The survival of accrued delay penalties after contract termination under Serbian law
This article examines whether creditors lose the right to an accrued contractual penalty for delay upon termination of the contract for breach. The Serbian Law on Obligations (LO) contains no provision extinguishing that right upon termination. Penalties survive termination based on the systematic…
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The economics of the value of human life: Contribution to the euthanasia debate
The paper examines the economics of the value of human life, seeking a suitable input that would make a relevant contribution to the euthanasia debate, focusing on the legal status of euthanasia, specified in the paper as “voluntary assisted dying”, especially in the key disputes in that debate…
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General Universities Act 1954: The first post-war law on higher education in Yugoslavia and its long-term effects
After the break with the USSR, the Yugoslav communists began to build a different model of socialism, in which higher education was given a certain autonomy, while the Party preserved its monopoly of power. From 1952 to 1954, a broad debate (including both Communist politicians and professors) was…
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Missing menstruators: How activist work highlights a knowledge gap
With the global and cultural shifts challenging the silence and taboo, menstruation is becoming increasingly present in the media. By looking the work of artists and activists, this paper highlights the development of knowledge about menstruation. In promoting menstruation and period poverty…
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Toward a European tort law of data protection: The case law of the Court of Justice of the European Union and its impact on national tort laws
The paper examines the provisions governing non-material damage resulting from violations of the right to personal data protection under the General Data Protection Regulation (GDPR), as well as their interpretation in the case law of the Court of Justice of the European Union (CJEU). Particular…
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Philosophy of menstruation: The body that is not bodiless
The question this text raises is how do we think about the bodies that bleed, "we" being in particular those whose bodies bleed regularly? The question is philosophical in kind, as it tests our capacities to think about such bodies. Philosophy as a corpus has had little to say about menstruating…
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Recognition and enforcement of the blockchain arbitral awards under the New York Convention
Blockchain technology is reshaping a wide range of sectors, from finance and law to art. The rise of blockchain platforms offering "blockchain arbitration" suggests a shift toward faster, cheaper and decentralized dispute resolution. A key advantage often highlighted is the potential for automatic…
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Menstruation at work should not be a problem: Period!
Even though menstruation is a normal part of female biology, it still represents a taboo, a source of stigma, prejudice and practices that create further rifts in already heavily divided society. Not only is such a situation unjust and offensive, but it also creates problems in the work…
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The rule of law, the separation of powers, and Big Tech
The growing influence of Big Tech, backed by technological advancement and platformization, poses significant challenges to traditional concepts of the rule of law and the separation of powers. By privately accumulating functions typically reserved for the state, Big Tech now assumes functions…
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The impact of climate change on human health: Does legislation in Serbia adequately respond to the challenges?
The effects of climate change are numerous: from extreme weather events with enormous amount of precipitation, to extreme droughts in parts of the planet where this was previously uncommon. They can significantly affect the physical and mental health of the human population. This paper will focus…
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Reforms without reforming: Trends in local and regional governance and decentralization in Croatia
The paper presents, analyzes, and discusses changes in the Croatian local self-government system and assesses their drivers, whether these changes can be considered real reforms, and why certain changes occur and others do not. The paper covers a 30-year time span of local self-government…
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The biopolitics of menstruation in Hungary: Then and now
This article focuses on postwar Hungary, including the transition from state socialism to peripheral capitalism. This era is especially important as during the decades of cold war one of the main claims was that social and welfare rights - including the right to healthcare - were exemplary in state…
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The ICJ's Advisory Opinion on climate change: A positive, yet small, step forward
The ICJ’s Advisory Opinion on the obligations of States in respect of climate change represents a pivotal moment in international environmental law. Being one of three recent decisions on this matter, the Opinion fits neatly within a growing body of jurisprudence aimed at compelling States to…
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Beyond guilty pleas: The proceduralization of negotiated justice in international criminal tribunals
Negotiated justice was first codified within the UN Ad Hoc Tribunals, where a consistent body of case law was developed. In contrast, plea-bargaining and guilty pleas were substantially denied in the earlier Nuremberg and Tokyo trials. The paper examines the theoretical and practical development of…
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Is academic freedom in Belgium and the Netherlands under duress?
Academic freedom is considered a cornerstone of democratic higher education, yet its institutional foundations are becoming increasingly fragile. This article examines how financial austerity and ideological contestation interact to reshape academic freedom. It argues that formal constitutional and…