Slovak Yearbook of International Law

Vol. III (2010-2011)

Content

 

SYIL Vol. III (2010-2011) - Part I (English)

Šrameková, Denisa: Russia and the WTO

Summary: This paper, in its first part, provides the general overview to the Worl Trade Organization, including the brief commentary on its fundamental principles and the process of becoming a member of the WTO. However the key intention of the paper is to analyze the Russia‘s accession to...

Ondřej, Jan: Mixed Instruments in International Disarmament and Humanitarian Law

Summary: Mixed Instruments combine elements of the Disarmament Law and Humanitarian Law. Disarmament is understood as partial or complete reduction of arms and armed forces. Disarmament in a broader sense of the word also includes other measures which are not directly disarmament in their character...

Mrázek, Josef: Armed Conflicts and Self-Defence in International Law

Summary: International law norms of the use of force, including the right of self – defence are probably the most controversial part of international law, despite calling them peremptory norms or norms of jus cogens. There are many risk and dangers which today represent a serious challenge to...

Mackuliaková, Michaela: International Obligations in the European Asylum System in the context of the M.S.S. v. Belgium and Greece Case Law

Summary: This article analyzes the landmark judgement of the European Court of Human Rights and its implications on the Common European Asylum System (CEAS). The Court ruled that both Belgium and Greece were in breach with the Articles 3 and Articles 13 of the European Convention of Human...

Klanduch, Peter: International criminal tribunals and the development of the law of genocide

Summary:   Since the establishment of the two ad hoc international criminal tribunals of the United Nations in 1990s (the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda) the case law on crime of genocide has increased substantially....

Dudič, Peter: What are the implications in international law of Turkey’s damming of international rivers?

Summary:   Transboundary issues in international law provide some interesting discussions about legal aspects of contemporary issues. This paper deals with a case study on the utilisation of the Euphrates and Tigris Basin by its three riparian states - Turkey, Iraq and Syria. This article...

Davala, Michal: Should the “margin of appreciation” be abandoned without delay?

Summary:   The margin of appreciation is an interpretative tool of the European Court of Human Rights. The contribution analyses the opinion of Judge De Meyer, who suggested, that the margin of appreciation should be abandoned without delay based on following argument: (a) there is no room for...

Bednárik, Richard; Šimuláková, Kristína: IAEA and its response to Fukushima disaster

Summary: The situation after the earthquake and destruction of four nuclear reactors afterwards was serious blast against nuclear energy and nuclear safety. It was the biggest disaster after Chernobyl from 1986 and it opened wide discussion about the future of nuclear energy not only in Japan but...

SYIL Vol. III (2010-2011) - Part II (Slovak)

Trstenská, Veronika: Åland Islands and their status in the European Union

Summary:   The Åland islands are from the mid-90s of the 20th century the part of the European Union as an autonomous, demilitarized and neutralized territory of the Republic of Finnland. Exactly these attributes determine their international status, and it´s key-field to the whole process...

Valuch, Jozef: View on International Legal Personality with respect to the Position of an Individual in Contemporary International Law

Summary:   The article discusses basic attributes of international legal personality, with an emphasis on individual s status in contemporary international law. The question of who can be considered a legal entity within this branch of law is not answered by any generally accepted rule of...

Strážnická, Viera: Human dignity in the European legal space

Summary:   The present contribution concerns the basic value of „human dignity“ on which the universal and european standard of human rights protection is based. This value is inherent in many international documents and treaties, above all in the UN Charter, in the Universal Declaration of...

Potomová, Kristína: Succession of states in international law

Summary:   The paper deals with the institute of succession of states in the international law, specifically its poistion in the area of the international treaties. In the paper the notion of succession in the international law is analysed, as well as the succession of states in respect...

Huťka, Matúš: Universal jurisdiction in the Slovak legal order

  Summay: The author focuses on a particular institute of international criminal law that was incorporated into the Slovak legal order – the universal jurisdiction. The author analyzes the universal jurisdiction through public international law and criminal law – substantial and procedural...

Buchta, Tomáš: Treaty on Stability, Coordination and Governance in the Economic and Monetary Union as an instrument and manifestation of closer intergovernmental cooperation between the EU Member States

Summary: The article deals with the concept of closer intergovernmental cooperation between some EU Member States, sometimes linked with the concept of two-speed Europe in the context of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (the Fiscal Compact). In...

Barna, Igor: Genuine link principle in granting diplomatic protection

Summary: Diplomatic protection is relatively new institute of international law nevertheless in few decades of its existence we can find high amount of judicial decisions and various legislation throughout many states and international organizations. Essential objective of the paper is to present...

Arbet, Daniel: Analysis of the International Court of Justice advisory opinion on the legal consequences of the construction of a wall in the occupied Palestinian territory

Summary: The reality of today’s Israel represents the unremitting threat of terrorist attacks of significant dimensions. We can argue about what impact do steps of Israeli government have on intensity of these attacks and on existence itself. This argument, however, would not provide an answer...

SYIL Vol. III (2010-2011) - Part III (Slovak Practice of International Law)

Šurková, Eva: Evaluation of work of the Sixth (Legal) Committee of the 66th Session of the UN General Assembly

  Summary: The Sixth (Legal) Committee of the United Nations General Assembly, as one of the main committees of the UN GA, plays an important role in reviewing actual topics of International Law. It is the primary forum for the consideration of various legal questions in the General Assembly....