Vol. 3 No. 2 (2013)

Published December 13, 2013

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Editorial

  • Editorial
    7-8
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    In the preface, the content of the given issue is described by the editor in the form of 5-6 line article descriptions (annotations). In addition to the latest changes to the journal, here is the explanation of the Latin phrase on the back cover.

Articles

  • The Specification in the Institutes of Gaius
    9-22
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    A romanisták az idegen anyag feldolgozására vonatkozó római jogi szabályokat hagyományosan nagy figyelemre méltatták. Mayer-Maly szerint ez a kiemelt érdeklődés három okra vezethető vissza. Egyrészt a feldolgozás tana szokatlanul mély bepillantást enged a római jogi gondolkodás mély rétegeibe, másrészt az újkorban a munka és a tőke problematikája révén újra reflektorfénybe került a probléma, harmadrészt a jogintézmény érzékeny szociális kérdéseket is felvet. Az európai magánjogi kodifikációk többsége sem tudta magát kivonni a feldolgozás római tanának hatása alól, így a téma mindmáig aktuális.

  • Work of Costantino Mortati in the Field of Public Law
    23-41
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    The aim of my article is to present an overview of certain stages of Costantino Mortati’s scientific work (Constitutional Court’s judge and professor of law) on the basis of Italian bibliography. His most popular work, entitled “the Constitution in material sense” (1940) conforms to problems and methodology of Italian constitutional law, while it reflects to contemporary schools of European jurisprudence and changes of institutions and theories of modern state. Behind Mortati’s theories about the State and the Constitution, the Italian liberal state regarded as heritage of risor- gimento, and the symptoms of its crises, birth and fall of the totalitarian state and the fundamental public law-aspects of the democratic and republic state can be found.

  • Challenges and Future Developments of Criminalistics
    42-61
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    This study analysis the futuring theoretical and practical development possibilities of criminalistics – as universal factscience. It tries to sign the further tendencies of forensic sciences in the XXI. century as well. The author composes scientific fields where can be and need to real, intentional strengthening of recent criminalistical methods and writes about his future guessing, suggestions and challanges of criminalistics.

  • Financial Support System of EU – EFTA (Member States) cooperation
    62-85
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    The economic cooperation between the EU and EFTA states constitutes a special cooperation form in several ways: the actors of cooperation (economic integrations and their Member States), the legal and institutional framework and the budgetary relations also have unique features. In our study the rules and changes of the EEA and Norwegian Financial Mechanism, as well as the Swiss Contribution are analyzed from aspect of integration theories and financial law. In the framework of historical analysis and comparative method the financial instruments of EFTA states are compared with the EU Cohesion and Structural Funds with the help of evaluating statistical data.

  • The Concept of the Right to Food in Public International Law
    86-99
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    According to the Food and Agriculture Organization of the United Nations (FAO), at least 868 million people are undernourished nowadays. Combating against hunger and malnutrition shall not only be a moral duty, but a legally binding human rights obligation. The right to food is recognized firstly within the text of the Universal Declaration of Human Rights adopted in 1948, as part of the right to an adequate standard of living, however nowadays it is considered to be a substantive right. This study deals with the key aspects of the right to adequate food in public international law, including its definition, content and enforcement, as well.

Legal Practice

  • Historical Salvage as Investment: The Effect of an ICSID Judgment on Two Legal Areas
    101-110
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    101

    In 2007 the ICSID concluded that MHS’s contract with Malaysia to undertake complex salvage operations considered investment even if it had not significantly contributed to Malaysia’s economic development thus failed to fall within the scope of the former interpretation of the notion of investment. This decision is significant in the sphere of international investment law as it synthesizes the former practice of the ICSID concerning the definition and conceptual elements of the notion of ’investment’. Besides, the Diana case serves for the enlargement of salvage law; however it can- not be defined as a classical source of law. It gives a new way to legal protection for salvage activity thus it contributes to the orientation in the chaotic mass of mainly customary rules related to shipwreck salvaging.

Bibliography

  • Collection of Annotated Bibliographies (2011. Nr. 2)
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    An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the second part of the book descriptions of books published in 2011.

Reviews & Reports