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• A Missed Opportunity: the Judgement of the International Court of Justice on the Environmental Related Legal Dispute of Costa Rica and Nicaragua

  181-199

  Orsolya Bányai

  Views:

  421

  This article introduces and evaluates the judgment of the International Court of Justice (ICJ) regarding the case concerning certain activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) proceedings joined with construction of a road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica) from an environmental point of view. The case was one of the latest environmental related affairs before the ICJ and the Hungarian literature had been looking forward with great expectation regarding the Court’s award. The conclusion of this essay is that in spite of the nature of the dispute, the symmetry of the conflict and the constant need for the improvement of the general international environmental law, the ICJ missed the opportunity to develop international environmental customary law and the case will stay in the shadow of the ICJ’s previous judgement on Pulp Mills on the River Uruguay.

• Legal aspects of NFTs

  60-77

  Botond Breszkovics

  Views:

  194

  The focus of the study is on NFTs. Accordingly, the study presents, on the one hand, the process and reason for the emergence of NFTs as a new crypto art category. Subsequently, within the framework of the study, the operation of NFT marketplaces and the different sales methods of NFTs are examined. Finally, in the light of the applicable national copyright law, an apparent conflict between the copyright holder and the owner of a given NFT will be resolved following the trading of the NFT on the secondary market.

• Problems of textual empiricism

  126-139

  Mátyás Bencze

  Krisztina Ficsor

  Ágnes Kovács

  Péter Sólyom

  Views:

  134

  In this paper the authors make some critical comments on Blutman László’s legal methodology. They argue for the claim that legal cases cannot be solved by applying the methods of natural sciences. Law is an interpretive social practice, therefore legal texts can have more than one equally justifiable interpretation which can be in conflict with each other. Correct legal decisions, especially in hard cases, are the result of resorting to the justifying principles and purposes of law and cannot be achieved by using ‘textual empiricism’ as a legal methodology.

• Old and new challenges: poverty, migration, criminality

  96-107

  Andrea Domokos

  Alexandra Bognár

  Views:

  220

  Intensive economic, social and political changes cause local and global effects, which means that both universal (including the un, european union and other Igo’s) and national responses are necessary and shall be harmonized. Individual responses, without taking into consideration the other universal and national actor’s steps can cause more problems than they solve. According to the official un statistics, people who are forced to leave their country of origin, flow mostly from the region of Afghanistan, Syria and Iraq to the EU Member States. This means that their legal, cultural and religious background are different from the EU standards, which can be considered as sources of additional social (and sometimes criminal) problems. It is clear that all the states have right to take legal steps against crimes committed by these people (independently from the question whether their presence in the territory of the country is lawful or not), enforcing all the international and national standards of fair trials and humanity during the procedures started against them. The topic is extremely hot nowadays in Hungary and in the European Union.