INTRODUCTION In the 1950s and 1960s, former Yugoslavia entered into bilateral treaties on legal a... more INTRODUCTION In the 1950s and 1960s, former Yugoslavia entered into bilateral treaties on legal assistance with Austria (Treaty 3), Bulgaria (Treaty 22), Czechoslovakia (Treaty 13), Hungary (Treaty 25), Poland (Treaty 26) and Romania (Treaty 27). Today these treaties are in force between the four successor countries of Yugoslavia – i.e. Serbia, Bosnia and Herzegovina (henceforth: B&H), North Macedonia (henceforth: Macedonia) and Montenegro – and all the abovementioned European countries, which in the meantime have become EU Member States (in the case of Czechoslovakia, the Czech Republic and Slovakia as its successors). Each of these bilateral treaties contains the conflict-of-laws rules and procedural rules on succession that take precedence over, respectively, the rules of the Succession Regulation (Article 75(1)) in the contracting parties that are now EU Member States and the national private international law (PIL) rules in the four successor countries of former Yugoslavia that are not EU members. As these rules are based on the principle of nationality and the principle of the location of the estate, they are completely incompatible with the rules of the Succession Regulation and are, therefore, undesirable in the EU Member States. From the perspective of the successor countries of former Yugoslavia, a general assessment of the rules on succession contained in bilateral treaties cannot be given, mainly because international succession law is not consistently regulated in the successor countries: the rules of Serbian, B&H and Macedonian international succession law are based on traditional principles that correspond to those of the bilateral treaties, while the rules of Montenegrin international succession law follow the principles contained in the Succession Regulation. In order to make a proper assessment, it is first necessary to make a few remarks on the conflict-of-laws and procedural rules on succession in Serbia, B&H, Macedonia and Montenegro and then to look into the conflict-of-laws regimes and the procedural rules of the bilateral treaties in detail. A FEW REMARKS ON NATIONAL PRIVATE INTERNATIONAL LAW RULES IN SUCCESSION MATTERS SERBIA AND BOSNIA AND HERZEGOVINA The main legal source of private international law in Serbia and B&H is the Act on Resolution of Conflict of Laws with Regulations of Other Countries (henceforth: PIL Act), which was enacted in 1982 in the former Socialist Federal Republic of Yugoslavia (henceforth: SFRY) and is, with minor amendments, still in force today in both countries.
Bosnia and Herzegovina has been one of the first European states to introduce a generous consumer... more Bosnia and Herzegovina has been one of the first European states to introduce a generous consumer collective redress mechanism. It was established under the influence of the EU, the United States and former Yugoslav law. The legislation of Bosnia and Herzegovina provides an excellent opportunity to examine to which extent the collective redress remedies emanating from different legal traditions may co-exist and function together. The number and variety of collective consumer remedies in Bosnia and Herzegovina is quite impressive. But the mechanism has still not been used because of the weaknesses of those who are supposed to trigger it. The very generous solutions for consumer associations and a specialized Ombudsman for Consumer Protection, both with wide powers to initiate collective proceedings, have not proved to be sufficient. The lack of appropriate funding has so far been an obstacle that is too great for any collective initiative. It also does not help that legislation allow...
IOP Conference Series: Earth and Environmental Science
The 2030 Agenda for Sustainable Development builds upon the Millennium Development Goals while at... more The 2030 Agenda for Sustainable Development builds upon the Millennium Development Goals while at the same time reaffirming the conclusions of the leading instruments in the field of human rights and international law. The 17 integrated and indivisible sustainable development goals (SDGs) require innovation through digitalization and legal activities. Digitalization and new technologies are crucial for SDG 8, 9, and 16. SDG 16: Peace, justice, and strong institutions directly focus on law. While SDG 16 does not directly mention it, digitalization is essential in achieving its specific targets. Examples include concepts of e-government (including data protection and public access to information), e-commerce, equal access to dispute resolution mechanisms in cyberspace, and enforcement of non-discriminatory laws for sustainable development. The right to a healthy and sustainable environment encompasses economic, social, and environmental aspects that SDGs capture. To achieve these goal...
International Journal of Service Science, Management, Engineering, and Technology, 2022
This article deals with the protection of consumers when they enter e-commerce transactions with ... more This article deals with the protection of consumers when they enter e-commerce transactions with foreign companies. Most states reacted to the growing importance of e-commerce by enacting data protection and consumer protection legislation and by requiring registration of e-businesses. Companies have found a way to circumvent the consumer legislation by offering the consumers to agree to a choice of foreign courts and laws which are included in their terms and conditions. Consumers give away the protection of their home state simply by clicking to accept the general terms and conditions on the company’s website. The purpose of this article is to examine if the solutions and the experience from the United States and the European Union could serve as a model for transnational protection of consumers in e-commerce. The authors discuss the different levels of protection offered in the United States and the European Union and consider unification of the standards by a multilateral conven...
The Joint Reader was developed by the Ludwig Boltzmann Institute of Human Rights and the South Ea... more The Joint Reader was developed by the Ludwig Boltzmann Institute of Human Rights and the South East European Law Schools Network within the project „Legal Protection against Discrimination in South-East Europe” supported by German Cooperation and implemented by Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ). It is based on the lectures held during the Winter School that was implemented at the Law Faculty of the University of Belgrade in January 2018. The Winter School provided students with an overview about the concepts, forms, areas and grounds of discrimination defined at international and European level, from a comparative perspective of South- Eastern European countries. Students gained insights into protection mechanisms against discrimination, procedural aspects of discrimination cases and possible remedies for persons affected by discrimination. They also got the opportunity to actively involve themselves in discussions and workshops aiming at the practical ap...
Balkan Yearbook of European and International Law 2019, 2020
The first issue of the Balkan Yearbook of European and International Law (BYEIL) focuses on inter... more The first issue of the Balkan Yearbook of European and International Law (BYEIL) focuses on international commercial and investment arbitration as one of the fastest developing fields of law in Southeast Europe. Covering a range of topics, the contributions analyze transparency and confidentiality in international commercial and investment arbitration in national, EU and international contexts. In addition, it compares the commercial arbitration laws and rules in Bosnia and Herzegovina with the international developments in this area. The papers published in the permanent sections on European Law and International Law explore contemporary challenges in public and private law disciplines, offering new perspectives on old concepts.
INTRODUCTION In the 1950s and 1960s, former Yugoslavia entered into bilateral treaties on legal a... more INTRODUCTION In the 1950s and 1960s, former Yugoslavia entered into bilateral treaties on legal assistance with Austria (Treaty 3), Bulgaria (Treaty 22), Czechoslovakia (Treaty 13), Hungary (Treaty 25), Poland (Treaty 26) and Romania (Treaty 27). Today these treaties are in force between the four successor countries of Yugoslavia – i.e. Serbia, Bosnia and Herzegovina (henceforth: B&H), North Macedonia (henceforth: Macedonia) and Montenegro – and all the abovementioned European countries, which in the meantime have become EU Member States (in the case of Czechoslovakia, the Czech Republic and Slovakia as its successors). Each of these bilateral treaties contains the conflict-of-laws rules and procedural rules on succession that take precedence over, respectively, the rules of the Succession Regulation (Article 75(1)) in the contracting parties that are now EU Member States and the national private international law (PIL) rules in the four successor countries of former Yugoslavia that are not EU members. As these rules are based on the principle of nationality and the principle of the location of the estate, they are completely incompatible with the rules of the Succession Regulation and are, therefore, undesirable in the EU Member States. From the perspective of the successor countries of former Yugoslavia, a general assessment of the rules on succession contained in bilateral treaties cannot be given, mainly because international succession law is not consistently regulated in the successor countries: the rules of Serbian, B&H and Macedonian international succession law are based on traditional principles that correspond to those of the bilateral treaties, while the rules of Montenegrin international succession law follow the principles contained in the Succession Regulation. In order to make a proper assessment, it is first necessary to make a few remarks on the conflict-of-laws and procedural rules on succession in Serbia, B&H, Macedonia and Montenegro and then to look into the conflict-of-laws regimes and the procedural rules of the bilateral treaties in detail. A FEW REMARKS ON NATIONAL PRIVATE INTERNATIONAL LAW RULES IN SUCCESSION MATTERS SERBIA AND BOSNIA AND HERZEGOVINA The main legal source of private international law in Serbia and B&H is the Act on Resolution of Conflict of Laws with Regulations of Other Countries (henceforth: PIL Act), which was enacted in 1982 in the former Socialist Federal Republic of Yugoslavia (henceforth: SFRY) and is, with minor amendments, still in force today in both countries.
Bosnia and Herzegovina has been one of the first European states to introduce a generous consumer... more Bosnia and Herzegovina has been one of the first European states to introduce a generous consumer collective redress mechanism. It was established under the influence of the EU, the United States and former Yugoslav law. The legislation of Bosnia and Herzegovina provides an excellent opportunity to examine to which extent the collective redress remedies emanating from different legal traditions may co-exist and function together. The number and variety of collective consumer remedies in Bosnia and Herzegovina is quite impressive. But the mechanism has still not been used because of the weaknesses of those who are supposed to trigger it. The very generous solutions for consumer associations and a specialized Ombudsman for Consumer Protection, both with wide powers to initiate collective proceedings, have not proved to be sufficient. The lack of appropriate funding has so far been an obstacle that is too great for any collective initiative. It also does not help that legislation allow...
IOP Conference Series: Earth and Environmental Science
The 2030 Agenda for Sustainable Development builds upon the Millennium Development Goals while at... more The 2030 Agenda for Sustainable Development builds upon the Millennium Development Goals while at the same time reaffirming the conclusions of the leading instruments in the field of human rights and international law. The 17 integrated and indivisible sustainable development goals (SDGs) require innovation through digitalization and legal activities. Digitalization and new technologies are crucial for SDG 8, 9, and 16. SDG 16: Peace, justice, and strong institutions directly focus on law. While SDG 16 does not directly mention it, digitalization is essential in achieving its specific targets. Examples include concepts of e-government (including data protection and public access to information), e-commerce, equal access to dispute resolution mechanisms in cyberspace, and enforcement of non-discriminatory laws for sustainable development. The right to a healthy and sustainable environment encompasses economic, social, and environmental aspects that SDGs capture. To achieve these goal...
International Journal of Service Science, Management, Engineering, and Technology, 2022
This article deals with the protection of consumers when they enter e-commerce transactions with ... more This article deals with the protection of consumers when they enter e-commerce transactions with foreign companies. Most states reacted to the growing importance of e-commerce by enacting data protection and consumer protection legislation and by requiring registration of e-businesses. Companies have found a way to circumvent the consumer legislation by offering the consumers to agree to a choice of foreign courts and laws which are included in their terms and conditions. Consumers give away the protection of their home state simply by clicking to accept the general terms and conditions on the company’s website. The purpose of this article is to examine if the solutions and the experience from the United States and the European Union could serve as a model for transnational protection of consumers in e-commerce. The authors discuss the different levels of protection offered in the United States and the European Union and consider unification of the standards by a multilateral conven...
The Joint Reader was developed by the Ludwig Boltzmann Institute of Human Rights and the South Ea... more The Joint Reader was developed by the Ludwig Boltzmann Institute of Human Rights and the South East European Law Schools Network within the project „Legal Protection against Discrimination in South-East Europe” supported by German Cooperation and implemented by Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ). It is based on the lectures held during the Winter School that was implemented at the Law Faculty of the University of Belgrade in January 2018. The Winter School provided students with an overview about the concepts, forms, areas and grounds of discrimination defined at international and European level, from a comparative perspective of South- Eastern European countries. Students gained insights into protection mechanisms against discrimination, procedural aspects of discrimination cases and possible remedies for persons affected by discrimination. They also got the opportunity to actively involve themselves in discussions and workshops aiming at the practical ap...
Balkan Yearbook of European and International Law 2019, 2020
The first issue of the Balkan Yearbook of European and International Law (BYEIL) focuses on inter... more The first issue of the Balkan Yearbook of European and International Law (BYEIL) focuses on international commercial and investment arbitration as one of the fastest developing fields of law in Southeast Europe. Covering a range of topics, the contributions analyze transparency and confidentiality in international commercial and investment arbitration in national, EU and international contexts. In addition, it compares the commercial arbitration laws and rules in Bosnia and Herzegovina with the international developments in this area. The papers published in the permanent sections on European Law and International Law explore contemporary challenges in public and private law disciplines, offering new perspectives on old concepts.
ICSDI 2022 International Conference on International Conference on Sustainability: DEVELOPMENTS AND INNOVATIONS SELECTED ABSTRACT FROM THE PROCEEDINGS OF THE INTERNATIONAL CONFERENCE ON SUSTAINABILITY: DEVELOPMENTS AND INNOVATIONS, 2022
The 2030 Agenda for Sustainable Development builds upon the Millennium Development Goals while at... more The 2030 Agenda for Sustainable Development builds upon the Millennium Development Goals while at the same time reaffirming the conclusions of the leading instruments in the field of human rights and international law. The 17 integrated and indivisible sustainable development goals (SDGs) require innovation through digitalization and legal activities. Digitalization and new technologies are crucial for SDG 8, 9, and 16. SDG 16: Peace, justice, and strong institutions directly focus on law. While SDG 16 does not directly mention it, digitalization is essential in achieving its specific targets. Examples include concepts of e-government (including data protection and public access to information), e-commerce, equal access to dispute resolution mechanisms in cyberspace, and enforcement of non-discriminatory laws for sustainable development. The right to a healthy and sustainable environment encompasses economic, social, and environmental aspects that SDGs capture. To achieve these goals, the 2030 Agenda relies on international law instruments. The right to a healthy and sustainable environment is developing towards an internationally recognized human right. As environmental goals do not recognize national borders, international law plays a key role. International environmental law should facilitate a broader application of existing environmentally friendly technologies through the transfer of technology and audit the environmental and legal compatibility of new technologies to ensure sustainable development. Moreover, the human right to share in scientific advancement and enjoy its benefits embodies equal access to technology. The legal enforcement of sustainable goals in the private and governmental sectors remains one of the main concerns of climate change.
Uploads
Papers by Dr. Zlatan Meskic