Folyóiratok » Acta Juridica Hungarica

Acta Juridica Hungarica

Akadémiai Kiadó 47. évf. 4. sz. - 2006/4. sz.

A folyóirat a magyarországi jogtudomány eredményeinek közlésével, továbbá a magyar törvényhozás és jogi irodalom bemutatásával foglalkozik. A szerkesztőség, az egész közép- és kelet-európai jogtudomány áttekintése céljából, az utóbbi időben külföldi szerzők munkáit is publikálja.

ISSN: 1216-2574 (Print) 1588-2616 (on-line)
Megjelenés: évi 4 füzetben
Nyelve: angol
Főszerkesztő: Lamm, Vanda
Szerkesztők: Hans-Jörg Albrecht, András Bragyova, Manfred Burgstaller, Jacek Czaputowicz, Gábor Hamza, Tibor Király, Benoit Mercuzot, András Sajó, Tamás Sárközy, Jan M. Smits, Sienho Yee

Szerkesztőség címe: Acta Juridica Hungarica, 1250 Budapest Pf. 25
Tel.: (06 1) 355 7384
Fax. (06 1) 375 7858
E-mail: lamm@jog.mta.hu

Lamm Vanda: The Multilateral Treaty Reservation Revisited

http://akkrt.metapress.com/…8354756pt36/?…

Absztrakt

In the State practice regarding the declarations of acceptance of the International Court's compulsory jurisdiction one can trace some disputed reservations containing proviso which under­mine the obligation assumed regarding the Court's compulsory jurisdiction. One of the limita­tions is called reservation concerning multilateral treaty, otherwise known as the Vanden­berg reservation or multilateral treaty reservation. The article treats these reservations by examining their origin, contents and Court's juris­prudence on the matter. According to the author the multilateral treaty reservations have destructive effect on the com­pulsory jurisdiction system, chiefly because the broad conception of interpretation of the “affected” States bars proceedings before the Court over disputes as to multilateral treaties concluded by a larger group of States, if not all the States party to the treaty are also parties in the proceedings before the Court. As for the other part of the reservation, that stipulation virtually invalidates the obligations assumed in declarations of acceptances, since it hampers the Court to deal with a dispute submitted to it unless the State making such a reservation in its decla­ration or, on the basis of reciprocity, the adverse party has agreed to the Court's jurisdiction. The adverse effect of the reservation is all the more so since the multilateral treaty reservations expressly concern disputes with regard to treaty interpretation, and considerable part of the cases brought before the Court concern precisely such disputes.

Varga Csaba: Theory and Practice in Law On the Magical Role of Legal Technique

http://akkrt.metapress.com/…58xk7rj6541/?…

Absztrakt

Lawis characterised by a fundamental gap between its social embeddedness and theapparently formal automatism it operates, which gap is basically bridged by thelaw's ultimate practicality under the guise of its mere logicity. This seemingcontradiction is resolved by judicial decisions as responsible and responsivepractical actions which are to result from the necessary conceptualtransformation(s) of the law's wording in the course of its officialapplication, which does involve a necessary jump in logical derivation. This isto say that on final analysis and inpractical terms, law is what gets actualised through the actual uses of it. Black-box effect such as this is helped by thevariety-and owing to the magical transforming effects-of legal techniques.Eventually, it is legal culture that provides a medium in which legaltechniques can at all be selected and used. On a conceptual plane, one of thefilters is offered by legal dogmatics. This very complex includes dialectics aswell, for there is no motion without counter-motion, therefore, it is notrealistic to pursue any human ambition without some safety valves inserted. Or,regarding, e.g., law, no homo­genisationis feasible without some re-heterogenisation at the same time. Paradoxicallyspeaking, while modern formal legal development went in the direction tomechanise the judge, the realisation was also made that law had ever been tooserious an undertaking to be just left alone to the logification by someimpersonally formalistic apparatus. Therefore, simultaneously with the veryfirst act of formalisation, law has ever built in its scheme the possibility ofde-formalisation as well.

Kombos, Costas: Locus Standi of Representative Groups in the Shadow of Plaumann : Limitations and Possible Solutions

http://akkrt.metapress.com/…682n2377762/?…

Absztrakt

Thepurpose of this paper is to examine the state of the law in relation to the locusstandi of representative groups at the Union level. The paper has a dualthematic task: the assessment of the degree in which representative groups andtheir standing to challenge the validity of legislative measures can bedifferentiated from the Plaumann criterion and the identification of strategiesthat can improve the chances of interest groups to challenge under Art. 230 EC.The thesis adopted in response states that regrettably the ECJ's interpretation of the requirement of individual concern has been applied to representativegroups. After examining the jurisprudence in different areas and from theperspective of the arguments used by representative groups in order to bypassPlaumann, there does not seem to be any clear thematic or argumentativetypology that influences the ECJ. The only important element that could make adifference is the existence of documented participation by the representativebody that creates procedural rights. It is in this respect that the removal ofthe individual concern shadow can be achieved, namely through representativegroups being effective at what they are designed to do: lobbying. Therefore,the key to strengthening the standing claim is enhanced and certifiedparticipation.

L. Pap András: Constitutional Ambiguities Regarding Anti-Terrorist Financial Enforcement Measures-The Case of Hungary

http://akkrt.metapress.com/…52564683201/?…

Absztrakt
Thepolicy of “proscription” or “designation” of groups and individuals as “terrorist” has been deployed as acrucial legal weapon in the global war on terrorism. Despite its serious humanrights implications, judicial review is excluded from this highly politicisedprocess, which has been embraced uncritically by the international communityand member states' domestic legal system. The essay aims to survey certaincontradictions within legal regimes imposed by the UN Security Council, the EUand the Hungarian Government, aimed at freezing assets and financialtransactions of terrorist organisations and organs associated withanti-democratic political regimes. It is argued that legal regimes that wouldserve the thorough implementation of anti-terrorist sanctions brought by the UNSecurity Council or the European Council are extremely underdeveloped. In otherwords, the three normative levels of sanction measures-(1) legislation passedby the UN Security Council; (2) the implementing legislation of member statesand the EU; (3) sui generis EU sanction-regulations-arenot harmonized. Even though the examples are brought from Hungary, a newEU-member state that so far has not been directly affected by terrorism,arguably the scrutinized controversies point to general Rule of Law questionsthat presumably most European states are bound to face.

Sándor István: Book Review

http://akkrt.metapress.com/…58755v6w7j4/?…

Absztrakt

Tamás Nótári: Jog, vallás és retorika. Studia Mureniana[Law,Religion and Rhetoric. Studia Mureniana]. Lectum Kiadó, Szeged, 2006. 322 pp.


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