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

  101-110

  Erzsébet Csatlós

  Views:

  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.

• Actual Challenges of Delimitation of Continental Shelf on the Example of the Arctic

  67-83

  Erzsébet Csatlós

  Views:

  160

  The concept of continental shelf as an inherent right to coastal State has a history of almost a hundred year but its legal status has several gaps which need to be resolved in the forseeable future. Delimitation of continental shelf between States with adjacent or opposite coasts has been a problematic issue since the elaboration of the legal concept of continental shelf but the present essay aims to highlight some other problems emerging since the first application of Article 76 of UNCLOS. These legal problems are related to the procedure of establishing of the outer limits of continental shelf beyond 200 nautical miles. The essay examines these legal problems and demonstrates the challenge caused to the Arctic continental shelf as an example.

• European Public Administration of Consular Protection

  49-65

  Erzsébet Csatlós

  Views:

  167

  The organizational issues of European public administration are especially apparent when the cooperation between the EU and its Member States is considered. The regulation of administrative institutions and bodies is fundamentally a subject of national competence. The European public administration for consular protection is based on the cooperation of the organs and authorities on both levels of European public administration. It is regulated as a framework which leaves a wide range of freedom for Member States to settle the missing details and also leaves too much room for voluntarism. All this makes the system unpredictable and despite the application of the principle of loyal cooperation and solidarity, the European administrative structure of consular protection is incompatible with the rule of law and the principle of good administration, and even with the principle of loyal cooperation and solidarity.

• The Legal Status of Titanic

  8-18

  Erzsébet Csatlós

  Views:

  165

  It has been ten decades now since the luxurious, unsinkable ship started its first and last voyage. The centenary of the tragedy has put ancient shipwrecks into the centre of attention and denoted the legal gaps and anomalies of national and international legal efforts to regulate their legal status and to protect them from treasure hunters. The essay aims to define the legal status of R.M.S. Titanic as being one of the most famous shipwrecks of our time, its story and legal situation might be the object-lesson for the problems and deficiencies of the legal issue of international protection of underwater cultural heritage, the sovereignty and ownership of historical objects found at sea and the anomalies of customary international law concerning shipwrecks.

• The Client and Authority Proceedings in the Digital Era

  74-101

  Erzsébet Csatlós

  Views:

  136

  The study examines the digital transformation of Hungarian administrative procedure and the advance of automation. Based on statistical data, the study highlights that in connection with digital public administration procedures, the importance of customer-focused services appears as the standard of digital public administration. Digitalization is dominated by electronic contact options, online information and submission of electronic requests, rather than complete automation of administrative procedures. The study focuses on digital authority procedures from the point of view of how this manifests itself primarily for the client: how to satisfy the need for information, how to contact the authorities and how to initiate the procedure. In addition to the legal bases, this part primarily focuses on the possibilities. After that, the consequences of digital solutions (automation) for making substantive decisions from the customer's point of view are discussed; this part of the study therefore concentrates more on the normative side of the processes and finally analyzes this. As a result, it states that automatic decision-making is mainly used in case of registrative acts based on official records and decisions embodied in decision-type documents, but there are already examples of the automation of the decision-making mechanism in connection with the production of facts. Although more complex automation is just spreading its wings, in connection with the rapid technical development and innovations of recent years, the legal system must keep up with digitalization and not give in to it.