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The Concept of the Right to Food in Public International Law
86-99Views:162According 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.
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The International Legal Framework of Maritime Piracy
161-177Views:262Although maritime piracy is the oldest crime committed at sea, it is still present to this day and counts as a threat: it not only endangers human lives but also causes damage to international trade. Firm actions must be taken against this international crime and those international agreements which define the definition and the elements of conduct of maritime piracy and also contain procedural provisions to suppress it count as vital elements of these actions. Currently there are two agreements which contain anti-piracy regulations and they regulate several matters appropriately but they also have many shortcomings. In this article I examine the anti-piracy regulations of these agreements.
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Right to a Healthy Environment in the Theory
24-38Views:216To protect the environment with the help of human rights is one possible way among others to fight against environmental degradation. Yet, does this idea fit into the system of human rights, taking into consideration the fact that the upmost goal of human rights is the protection of human dignity? Is the connection between the environment and the human dignity strong enough to protect the environment by human rights? The following conceptual paper searches for reasonable answers to these questions by analyzing the so-called right to a healthy environment. By doing so the links between human and environmental rights and the specialties of human rights will be examined in order to show why the right to a healthy environment could in theory fit into the system of human rights protection.
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Crimean Secession in International Law
9-28Views:311This article provides detailed insights into the validity of remedial secession, the two major judicial opinions that have addressed it (Kosovo advisory opinion by the International Court of Justice, and the Quebec Secession Reference case decided by the Supreme Court of Canada), and the steep, but evolving, path to legitimacy it may now be travelling. This article does so within the context of Crimea’s secession referendum, declaration of independence, and de facto statehood, and Russia’s annexation of Crimea. It covers the international community’s reaction to these events – and the disparity among academic reactions to the vitality of remedial secession. It traces the UN General Assembly’s 2014 Crimean debate – concluding that it is the most authoritative referee for judging Russia’s claim to the validity of the Crimean secession.
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Social Dumping in the Face of Cross-border Collective Agreements and Actions: A Dilemma of the European Legal Practice on the Edge of Law and Economy in the Light of the Framework of International Standards
180-202Views:152In this paper I outline the objectives of the ILO, the conventions relevant to collective bargaining and action, and furthermore the pronouncements of the ILO supervisory bodies. After describing social dumping I examine the jurisprudence of the European Union regarding the collision of fundamental freedoms and collective labour rights in the light of international labour standards. My observation is that the hierarchical relationship between fundamental freedoms and labour rights in favour of the former cannot be maintained even based on EU law.
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Additional Remarks on the Question of Civil Service Law as a Branch of Law
120-133Views:453The study focuses on the relationship between civil service law and labour law. In Hungary, there have been significant changes in the last decade regarding the regulation of civil service law. The types of the civil service legal relationships have increased, the forums and procedural rules for adjudicating civil service law related disputes have changed, and the number of public employees providing public services has rapidly decreased. This is of particular importance because the existence of these branches of the law is determined by legislation as well. The study concludes that the ability of civil service law to become an independent branch of law will be determined not by 'internal' developments but by legislative ambitions.
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Multilevel System of Fundamental Rights Protection in Practice, in the Light of the Dismissal of Government Officials without Justification
120-141Views:139Today, in the European multi-level and cooperative constitutional area the European Convention on Human Rights, the constitutional value provisions of the EU Treaties together with the Charter of Fundamental Rights of the EU, as well as the constitutions of the member states of the EU function as parallel constitutions. The legal remedies offered by international forums by nature are subsidiary, because it is desirable that legal issues of human rights be solved by the states at national level. The obligation of the exhaustion of domestic legal remedies as a procedural precon- dition is needed in order that the national level should have the chance to remedy the violation of human rights within its own legal system.
The present paper focuses on Art. 8 para. (1) of Act LVIII of 2010 on the legal status of government officials, which states that the employer has the right to terminate the contract of goverment officials by two months’ notice period without any justification. The research is of considerable interest because the dismissed officials – who, in my opinion, de facto suffered injury by violation of human rights – were forced to turn to international forums because of the fact that the Hungarian legal system was not able to grant them adequate reparation. Therefore, the examination also evaluates the current level of fundamental rights arbitration and the jurisdiction using fundamental principles in Hungary.
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A Philosophical Approach to Law
11-22Views:154Bjarne Melkevik’s book is one of the best comprehensive treatments of legal philosophy currently available in Canada. First of all, the reader will find in the form of a long introduction a bookchapter translated into Hungarian, which is a general description of Melkevik’s jurisprudential views, provided by Mate Paksy. The chosen chapter organizes the reflexions on legal philosophy into three interrelated ques- tions. Melkevik’s first, thought-provoking question is as follows: why do we need legal philosophy? He views legal philosophy not as foundational legal scholarship, but mainly as an elucidation of public, reflexive argumentation on law which isn’t at
odds either with an empirical methodology. The second question concerns whether studying legal philosophy is useful for lawyers. Here Melkevik endorses again a post-positivist position according to which both law and legal philosophy are essentially practical discourses. Though the third part of the paper is heavy with disciplinary boundary-drawing, which emerges from questioning the place of legal scholarship vis-à-vis other, more empirical branches of social sciences such as history or anthropology, Melkevik’s reflexions here are still inspired by a sort of Neo-Kantian legal philosophy and Habermas’ communicative ethics.
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Personal data protection in the public sector in frame of the GDPR
39-54Views:431The European Union has finished the reform of the European data protection rules, and the main result is the General Data Protection Regulation (GDPR), which entered into force after a two-year period on 25 May 2018. The GDPR draws special attention to the protection of personal data not only in the private-, but also in the public sector. It introduces several significant changes and restrictions, but after almost a year of being in force, there is still some uncertainty as to how we can apply its provisions, especially for public authorities and bodies. Therefore, the aim of this paper is to explore the relevant data protection provisions of GDPR regarding the public sector and to clarify any misunderstandings in this field.
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Quantum Mechanics and Law. What Does the Failure of Environmental Regulation Teach Us?
60-82Views:224The article first of all holds that environmental regulation has failed. This is because it is too weak to prevent the overstepping of ecological boundaries by humanity. This legal regulation reflects that human behavior is psychopathological. This collective mental illness may originate from false self-identification. Therefore, the author reviews the outcomes of modern natural sciences, such as quantum physics, cosmology, and non-local consciousness research. These results give sufficient support to argue, despite the traditional paradigm of materialism, that some aspects of consciousness are not limited by the space-time continuum. Moreover, all consciousness, regardless of its physical manifestations, is part of the universal Consciousness. From these scientific results, in line with ancient scriptures, an Eternal Order has evolved, which can be described at least by four fundamental and universal truths. This Eternal Order should be taken into account by positive law, if humanity wants to reach fulfillment within the ecological limits of the Earth. -
Risks and Adverse Effects: Decisions of the Italian Constitutional Court on the Compulsory COVID-19 Vaccination
102-127Views:208In recent years, several judicial and constitutional court decisions have been handed down worldwide on the legality and constitutionality of the fundamental rights restrictive measures (including compulsory vaccination) imposed during the pandemic. Aside from Austria, Italy has imposed compulsory vaccination more widely than any other European country; moreover, the lack of vaccination has made it impossible for citizens to live their daily lives to such an extent that some scholars have even written of de facto compulsory vaccination. In December 2022, the Italian Constitutional Court ruled in three judgments against the petitions related to compulsory vaccination. After outlining the legal context and the scholars’ positions on mandatory Covid vaccination, this paper examines these decisions, focusing on the arguments on which the Court saw justification for compulsory vaccination.
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The Concept of the Responsibility to Protect, Is There Anything New under the Sun?
67-78Views:186The concept of the responsibility to protect has emerged in the practice of the United Nations in the past years, inducing much criticism in the literature. The aim of the author was to present the concept in Hungarian and to analyze it from international legal point of view. According to the author the concept is just a paraphrased principle, responsibility has already existed under the relevant norms of international law. Nevertheless, the content of the obligation and responsibility is not fully clear, especially with respect to the exact meaning of prevention.
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Foreign Loan: Cross-border temporary agency work in Hungary, with special regard to the employment of third-country nationals
43-60Views:252The special feature of temporary agency work is that the employee does not work for the agency which concludes the employment contract with them, but for a third party, the user company, with which the agency enters into a civil law contract for the remunerated transfer of workforce. The article summarises how an international element can appear in this tripartite employment relationship. It covers the rules under which an agency may conclude an employment contract with a foreign employee and also the cases where the agency and the user company are established in different states. Although Hungarian law generally prohibits third-country nationals to work in Hungary as agency workers, this is made possible by an expanding range of exceptions. The article explores the labour law and social security law situation of third-country agency workers in Hungary.
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The Intergenerational justice at the Constitutional Level
48-64Views:142The debates about the rights of the future generations have risen significantly in the last decade. The more attention we give to the question, the larger the number of new issues which emerge. As an example, the right to a healthy environment or the rights of the unborn can be mentioned. The aim of the study is to examine this question in connection with constitutions. The constitutional level could significantly affect the possibilities of the future generations. The theory of intergenerational justice is examined in relation to the main topic. The analysis of the population pyramid of the Brexit voters is mentioned as an example of a possible intergenerational injustice.
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The Future of International Environmental Law
139-145Views:95Book review on The Future of International Environmental Law, szerk.: David Leary és Balakrishna Pisupati, 2010, Tokió, United Nations University