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Annals of the Faculty of Law in Belgrade - Belgrade Law Review
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  This is an Open Access Journal Open Access journal
ISSN (Print) 0003-2565 - ISSN (Online) 2406-2693
Published by U of Belgrade Homepage  [9 journals]
  • EQUALITY ADDS QUALITY: ON UPGRADING HIGHER EDUCATION AND RESEARCH IN THE
           FIELD OF LAW

    • Authors: Susanne Baer
      Abstract: Much has been attempted, and many projects are still underway aimed at achieving equality in higher education and research. Today, the key argument to demand and support the integration of gender in academia is that equality is indeed about the quality on which academic work is supposed to be based. Although more or less national political, social and cultural contexts matter as much as academic environments, regarding higher education and research, the integration of gender into the field of law seems particularly interesting. Faculties of law enjoy a certain standing and status, are closely connected to power and politics, and are likely to feature resistance to equality efforts, both in the law itself and in the curriculum and research agenda. However, a multidimensional, intersectional gender analysis helps to reframe cases and doctrines, rulings and regulations far beyond the law that evidently affects women, which the headscarf controversies illustrate. In addition to gender competence, team diversity is a procedural device for success, and non-discrimination is a key requirement when diversity is meant to work. After all, such efforts – to expose bias and educate about gender in an academic field, to insist and integrate it continuously, and to not only demand but also do it – produce quality. Thus, gender equality is crucial for the achievement of the best possible results in higher education and research.
      PubDate: 2018-02-13
      Issue No: Vol. 65, No. 4 (2018)
       
  • SOME SPECIFIC ISSUES ABOUT ARBITRABILITY IN SPAIN: BACK TO THE PAST'

    • Authors: Maria Pilar Perales Viscasillas
      Abstract: The object of this paper on arbitrability in the Spanish legal system, is to explore whether the general rule on objective arbitrability, based upon the free disposition of the rights which under the Spanish Arbitration Law translates a general principle pro arbitration and arbitrability, is threatened by doctrinal interpretations, legal rules or recent judicial decisions, where arbitrability has been constrained. This is particularly the case in the field of regulated sectors, where the arbitrability of disputes is quite controversial and complex, and the key institutions meet: arbitration, state justice, and decision-making powers attributed to a regulatory body, in the case of Spain, the National Commission on Markets and Competition (CNMC).
      PubDate: 2018-02-13
      Issue No: Vol. 65, No. 4 (2018)
       
  • GENDER MAINSTREAMING IN LEGAL EDUCATION IN SERBIA: A PILOT ANALYSIS OF
           CURRICULA

    • Authors: Dragica Vujadinović, Nevena Petrušić
      Abstract: The general aim of this paper is to initiate a long-lasting systemic process of reviewing higher education in Serbia from a gender-sensitive point of view, and to offer initial input for building action plans and policies oriented towards this goal.The main focus is on analyzing legal studies from a gender-sensitive point of view and on initiating gender mainstreaming within law schools. However, this paper can aspire only to modest achievements, dealing solely with preliminary research of legal studies, with a limited but a representative sample. Namely, only two accredited study programs at two public university faculties of law in Serbia – at the Faculty of Law in Belgrade and the Faculty of Law in Niš – were taken into consideration. This pilot analysis is based on an established methodology for gender-sensitive analysis of curricula as well as of syllabi and textbooks for certain legal courses. The mentioned methodology introduces specific gender-sensitive indicators as well as three categories for assessing learning outcomes of study programs, syllabi and textbooks: gender-negative, gender-neutral, and gender-sensitive. The focus of the investigation was on of the following courses: Sociology of Law, Constitutional Law, Family Law, Labor Law, and Criminal Law.The meaning and importance of gender mainstreaming in law schools is explained in the Introduction. The normative and strategic framework for gender mainstreaming in higher education in Serbia is presented in the second chapter. The main focus of analysis – the reconsideration of curricula and textbooks from a gender perspective – is elaborated through the following three chapters: the third chapter explores the main indicators of the gender-sensitive analysis of legal education; the fourth is devoted to the analytical framework and methodology of investigation; chapter five presents the research results and their interpretation.The concluding notes clarify discrepancies between the normative and strategic international and national framework for gender mainstreaming of higher education, on the one hand, and the given state of affairs in Serbian legal education, on the other. The text includes recommendations for gender action plans, which could contribute to the improvement of legal and higher education in general.
      PubDate: 2018-02-13
      Issue No: Vol. 65, No. 4 (2018)
       
  • TRANSFER PRICING IN SERBIA – FACING A SOBERING REALITY

    • Authors: Svetislav V. Kostić
      Abstract: This paper attempts to systematize the basic pillars of Serbian policy in the area of corporate income taxation of related party transactions (transfer pricing). The author looks at the very first Serbian transfer pricing legislation introduced in 1991 and follows its development through to the present. Principle focus is directed towards the policy drivers behind the 2012 and 2013 comprehensive reform of the Serbian transfer pricing provisions, which the author analyses with the added value of hindsight. Despite a generally positive view on what was achieved by the 2012 amendments to the Serbian transfer pricing legislation, the author offers a divergent view. A critical assessment is provided and the author stipulates the reasons which suggest that the respective amendments failed to meet desired goals in the area of transfer pricing set in 2012 and 2013. The author tries to deduce the lessons that should be taken into consideration in the future legislation reform initiatives and attempts to find alternative paths that should be taken in order to avoid repeating identical mistakes.
      PubDate: 2018-02-13
      Issue No: Vol. 65, No. 4 (2018)
       
  • SILALA BASIN DISPUTE – IMPLICATIONS FOR THE INTERPRETATION OF THE
           CONCEPT OF INTERNATIONAL WATERCOURSE

    • Authors: Mihajlo Vučić
      Abstract: This article deals with the concept of the international watercourse and legal rules that regulate management of shared water resources. It is prompted by the current dispute before the International Court of Justice (ICJ) which raises the question of what is exactly the purpose of these rules and what should be the object of their protection. The interpretation of customary international law in this field points to the conclusion that even an artificially created international watercourse does not preclude the application of international law.
      PubDate: 2018-02-13
      Issue No: Vol. 65, No. 4 (2018)
       
  • UNITED NATIONS INTERNSHIP PROGRAMME POLICY AND THE NEED FOR ITS AMENDMENT

    • Authors: Marko Novaković
      Abstract: An internship at the United Nations is an opportunity that young people interested in international law, international relations, and many other fields, perceive as he best possible career starting point – and rightfully so. The United Nations internship is an experience second to none in the world of international organizations and this is why it must be available to the widest range of people, regardless of their status, place of birth and social context. However, the current United Nations internship policy is very controversial and in desperate need of a change. While voices for change of policy are raised more and more, this topic has been very rarely addressed in academic literature across the world and papers and books dealing exclusively with this issue are almost non-existent. In this article, the author will address the main points of the concern regarding unpaid internship and will offer potential solutions for its improvement. This article is a humble contribution that will hopefully instigate wider academic acknowledgment of this problem and eventually contribute to the resolution of this unfortunate practice.
      PubDate: 2018-02-13
      Issue No: Vol. 65, No. 4 (2018)
       
  • IMPOSSIBLE ESCAPE: INQUISITOR JACQUES FOURNIER AND THE TRIALS OF THE
           CATHARS IN THE END OF THEIR EXISTENCE IN LANGUEDOC

    • Authors: Melina Rokai
      Abstract: Analyses of cases contained in the Register of inquisitor Jacques Fournier (1318–1325) allude to the difficulty of a suspect leaving the inquisitorial trial without a sentence in the form of penitence. Having in mind the sentiments of contemporaries regarding the trials and the current multidisciplinary scholarship on the subject, the author investigates the changes Fournier that made in the system, through analysis of three cases least-related to heretical dogma. The author came to the conclusion that: 1) early centralization of medieval France facilitated alterations of the inquisitorial process, 2) the inquisition started regarding heretical certain deeds (and often even thoughts) that had previously not been considered heretical, by linking simple unacceptable behaviour to elements of heretical beliefs.
      PubDate: 2018-02-13
      Issue No: Vol. 65, No. 4 (2018)
       
  • WHY DO BORROWERS CHOOSE SUBOPTIMAL MORTGAGE CONTRACTS' A BEHAVIORAL
           ECONOMICS APPROACH

    • Authors: Ana Odorović
      Abstract: Mortgage contracts have evolved to include a variety of contract design features whose aim is to address the demand of heterogeneous borrowers. Given that borrowers know best their budget constraints and preferences for risk exposure, the question is why many borrowers fail to maximize their welfare through the choice of mortgage contract. The aim of this paper is to explain the causes of suboptimal outcomes in the mortgage market, relying on the theoretical framework of behavioral economics. The first part of the paper provides an overview of the main differences between the rational choice and behavioral economics approach to contract efficiency and discusses the most relevant cognitive biases, identified within behavioral economics. The second part of the paper applies the findings of the two approaches to the issue of mortgage contracts. Considerable attention is devoted to contract design features that are expected to exacerbate the borrower’s cognitive biases. Finally, the paper addresses the issue of why market forces fail to “debias” borrowers and, hence, eliminate inefficient mortgage terms.
      PubDate: 2018-02-13
      Issue No: Vol. 65, No. 4 (2018)
       
  • INTELLECTUAL PROPERTY RIGHTS AS FOREIGN DIRECT INVESTMENTS: CURRENT STATE
           OF AFFAIRS IN SERBIA

    • Authors: Nikola Ilić
      Abstract: This paper deals with the issue of whether intellectual property (IP) rights may be qualified as investments in terms of Serbian laws on investments, bilateral investment treaties (BIT) currently in force, and the ICSID Convention. The author first analyses the provisions of the Law on Investments with a special focus on the provisions defining an investment. By comparing these provisions with the corresponding norms of the previous law, as well as the relevant laws of the countries in the region, the enhanced solutions are highlighted, while the space for further improvement is identified. Subsequently, the author turns his attention to the applicable BITs and the ICSID Convention to examine whether IP rights may represent an investment under their terms. In the case of qualification of IP rights as investments, the right holders could be entitled to rely on the additional standards of legal protection and a new form of dispute settlement mechanism known as investment arbitration, while the host state could be exposed to a greater risk of being declared liable for breaches of legal standards and ordered to pay compensation to the investors. Upon analysing the main practical consequences of the qualification of IP rights, the author critically addresses major principles of the Serbian investment policy, which are identified through a detailed scrutiny of the relevant legal norms.
      PubDate: 2018-02-13
      Issue No: Vol. 65, No. 4 (2018)
       
  • Samuel Bowles, The Moral Economy: Why Good Incentives Are No Substitute
           for Good Citizens, Yale University Press, New Haven & London, 2016, 272

    • Authors: Boris Begović
      PubDate: 2018-02-13
      Issue No: Vol. 65, No. 4 (2018)
       
 
 
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