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Customary Law Obligations and Dispute Resolution Methods under International Law relating to Conflicts over the Shared Use of Transboundary Aquifers
23-48Views:217Our paper aims at analyzing the current stance of public international law concerning the utilization and management of transboundary aquifers. 97% of the Earth’s drinking-water supplies are locked up in aquifers placing the question in the spotlight as to, which ways States should utilize and apportion them in a manner consistent with public international law? The paper argues that bilateral and regional agreements ensure most effectively States’ mutual cooperation regarding transboundary aquifers, and they are also essential in providing for clear dispute resolution mechanisms. The paper addresses the obligations of States under international law and examines the efficiency of the possible international dispute resolution methods regarding international water conflicts. The paper also provides an overview of all existing bi- and multilateral aquifer agreements and draws some comparative remarks.
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Regulation of Autonomous Vehicles in Public International Law, in particular on the Subject of International Road Traffic
37-49Views:184The study examines the regulation of autonomous vehicles in public international law, more specifically the regulation related to the territory of international road traffic. Within this topic, the study defines autonomous, or in other words, self-driving vehicles, reveals the relation between these kind of vehicles and public international law, describes the results and steps made so far toward uniform regulation and analyzes the possibilities for future regulation. In connection with the latter, the study concentrates on the question of international treaties and would like to answer whether it is necessary and possible to conclude an international treaty on autonomous vehicles.
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Digitization at Work: Expanding Horizons with Loopholes
61-80Views:483The focus of the study is on the emergence and spread of digitization in employment. In this context, the study presents the forms of work that use digitization. On the other hand, it describes the labour market effects of digitalization. The study looks in detail at how COVID-19 has changed the role of teleworking and the home office in employment. This is followed by the presentation of the Hungarian labour law regulation, which deals exclusively with telework. The study makes two proposals to address the codification gap. On the one hand, in connection with application-based work, the introduction of the status of a person with a similar legal status to an employee, which was regulated in the draft of the Labour Code. On the other hand, to impose employer obligations (retraining, job offers) in connection with the spread of automation and robotics in order to prevent dismissal.
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Harmonization of Arbitration Laws in some Asian and European Countries
68-77Views:186The present paper studies the relationship between domestic and international arbitration laws and the harmonization factor amongst some Asian and European jurisdictions. During the last decades, there has been a significant change and globalization in the world and with the expansion of businesses and trade a better dispute resolution mechanism is required in order to maintain the harmony in international trade. It has become a necessity to balance the domestic arbitration laws with the international ones. This brief paper identifies and comments on some of the areas where differences remain including differences in recognition and enforcement of arbitral awards in various jurisdictions over the public policy defence, and where further examination and research to reach and solve disputes amicably might be useful.
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Protection of Marriage and Family in Central Europe
7-31Views:270It is no exaggeration to say that family plays a prominent role in our daily lives. This study therefore examines the constitutional and family law foundations of family protection in seven Central European countries. The study describes, among other things, the nature of family law legislation, the conceptual approach to family and marriage, the legal protection and solution of extramarital partnerships, such as de facto partnerships and registered partnerships, and the status of children in the countries studied.
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The Concept of the Right to Food in Public International Law
86-99Views:187According 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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Trends, Directions, Legislative Efforts: the Abolition of the Civil Servant Status
179-195Views:161One of the most spectacular changes to the Hungarian employment system in recent years is that many former civil servants (‘közalkalmazott’) have lost their status and come under the scope of the Labour Code or have been subject to newly created status laws. As the Act on Civil Servants (‘Kjt.’) applies now only a few groups of civil servants, having been emptied out by successive reforms, it is not surprising that the future existence of the Act and of the autonomous status of civil servants is being called into question. But what factors have led to the gradual, and in recent years accelerating, decline of the Kjt.? Is the 'disappearance' of civil servants the result of internal processes that rationally follow from the development of the law, or is it the result of independent economic and political considerations? What was the original role of the Kjt. in the system of employment relationships and how can its ‘emptying’ be understood in an international and historical context? The study argues that this process is not an inevitable consequence of legal doctrinal developments, but rather the result of legislative efforts to abolish the uniform legal status of human service providers. Hungarian legislation is no exception to the neoliberal and neo-Weberian trends, while the comparative advantages previously enjoyed by civil servants are eroding and the regulation is becoming highly fragmented.
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Critical Remarks on the Acquittal of Vojislav Šešelj with regard to Instigation, Aiding and Abetting
97-109Views:148Vojislav Šešelj was acquitted by the International Criminal Tribunal for the former Yugoslavia on 31 March 2016. The Trial Chamber of the ICTY assessed evidence on the recruitment of volunteers (who later became perpetrators of international crimes), the defendant’s extremist, nationalistic and public hate speeches, and drew the conclusion that he is not responsible for war crimes or crimes against humanity. The present paper discusses gaps and mistakes appearing in the judgement from the point of view of two criminal liability concepts: instigation and aiding and abetting. After briefly summarizing the standards applied by the ICTY, the author presents a reassessment of the facts referring also to the major arguments of Judge Flavia Lattanzi (dissenting).
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Law of Sustainable Development
11-30Views:357Sustainability or sustainable development as an objective or as a definitions is wirely used since the 1992 Rio Conference on Sustainable Development. There are many attempts to clarify the content of it, most of them covering inter- and intragenerational equity, integration, the different means and methods of long-term thinking. While it is still a controversial question, it is also difficult or even harder to specify the legal content of such a policy matter. The law of sustainable development shall be able to meet the challanges of clarity, enforceability, thus one should try to be more specific then it is acceptabel in the wider the political context. Several international documents, conventions, even EU legislation wants to come closer to the problem. If we wish to translate the content into the legal language, then there are some elements of such a legal system, which we would like to underline: inter-generational equity and right to environment, public participation, cooperation, integration, precaution and subsidiarity. There is also a newly emerging element of the legal understanding – imported from ecology –, which needs greater attention today, that is resilience.
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Current Challenges of Confidentiality and Publicity in the View of Information Security
24-41Views:171The paper analyses the issues of confidentiality and publicity, arising from current information security legislation in Hungary. First of all the information security as a state task is analyzed. In Hungary, the information security controls of state and local government entities are regulated. Afterward, on the one hand, the information security as a tool for data protection regulation, state secrets and freedom of information were discussed. On the other hand, information security can be an object of the law, when the protection of security controls is required. One of the main findings of the research was that the information security controls applied at state entities are generally public data (according to freedom of information regulation). Thus it might not stay confidential. We formed proposals to solve this issue.
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Risks and Adverse Effects: Decisions of the Italian Constitutional Court on the Compulsory COVID-19 Vaccination
102-127Views:227In 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 more speech, the better’: Review of the Book of András Koltay on New Media and Freedom of Speech
Views:279At first glance, the new book of András Koltay seems to be a translation of his recently published volume, New Media and Freedom of Expression: Rethinking the Constitutional Foundations of the Public Sphere (Hart International, 2019). Therefore, one would expect that the work itself does not provide any new information to those who already know the original in English. That could not be less true. As we get to the bottom of this false impression, the review shows the many virtues and minor mistakes of the book.
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Punishable Children
97-111Views:221In Hungary from the 1990s in line with the international tendencies a number of studies were published in the literature urging the reform of the criminal law dealing with juvenile crime. Simultaneously one can establish that among others due to the increasing criminal rate the reasoning for the reduction of the lower age limit of punishability to the age of 12 has started. During the codification process a number of arguments were given for and against the alteration of the age limit of punishability. However setting the lower age limit of punishability below fourteen can be found in the criminal law regulations of Hungary and also of other European countries. This paper examines the antecedents, reasons and possible amendments of the regulation of the new Criminal Code on the age of punishability.