<abstract><title style='display:none'>Summary</title>The Court of Justice of the EU (CJEU) has established that directives cannot produce horizontal direct effect and thus may only be invoked against the State or its emanations. In the recent <italic>Farrell 2</italic> judgement, the Court has clarified the concept of an ‘emanation of the State’ which is crucial for the purposes of applying vertical direct effect. The aim of this paper is to analyse the concept of an ‘emanation of the State’ presented in <italic>Farrell 2</italic> ruling. Further, the article highlights that the judgement is a positive development as it brings consistency to the EU case law and corresponds to the present realities when new ‘emanations’ are emerging with the special powers attributed by the State.</abstract>

Farrell II and the Concept of an ‘Emanation of the State’

<abstract><title style='display:none'>Abstract</title> This Paper addresses the right to informed consent regarding euthanasia using international conventions and, to a lesser extent, national laws and policies. Spe­cifically, The United States, Belgium and the Netherlands will be examined. The Paper specifically discusses legal capacity, the right to consent and the right to information. Three stories are used to argue the importance of implementing effective safeguards for these rights and notes that these safeguards are necessary regardless of whether or not euthanasia is legalized in a state. This Paper also argues that patients should not be offered euthanasia for mental illnesses. The ethical debate surrounding whether euthanasia should be permitted generally is not discussed.</abstract>

Informed Consent and Euthanasia: An International Human Rights Perspective

<abstract><title style='display:none'>Abstract</title> The article deals with the rules for a grant of interim measures in the context of EU law and its application in national judicial proceedings. It covers the key case-law of the Court of Justice of the EU related to the regime, conditions and limits of the interim measures and adds a reflection of practice of Czech courts. Article pays particular attention to the conditions for suspension ofn the application of national law measures.</abstract>

Protection of Indigenous or Traditional Knowledge Under Intellectual Property Laws: An Examination of the Efficacy of Copyright Law, Trade Secret and SUI Generis Rights

<abstract><title style='display:none'>Abstract</title> International commercial arbitration and national commercial arbitration are issues of international private law combined with global and local aspects. The rules of the procedure in international commercial arbitration vary around the world and are combined with the very strong influence of national law and are determinate by the place where the arbitration procedure is being preceded by the arbitrators. Obtaining evidence in commercial arbitration is also dependent on the above-mentioned aspects. The arbitrators have to know, as much as possible, all about the common law system, the civil law system’s influence and the powers and initiation possibilities they have during the arbitration procedure. The knowledge of the system and existing procedure rules allow them to produce the most important part of the arbitration, such as a perfect award.</abstract>

Evidence in International Commercial Arbitration

<abstract><title style='display:none'>Summary</title> The aim of this paper is to introduce and analyse the concept of misrepresentation under the English contract law. In this regard, the paper primarily deals with the distinction between a term and a representation, key elements of misrepresentation, types of misrepresentation and remedies available to misrepresentees once the misrepresentation has been established. Furthermore, the author subsequently also presents a brief analysis of the Slovak contract law in order to identify any statutory provisions which could be applied to situations where a contract governed by the Slovak law contains representations and outlines what remedies are eventually available in situations where such representations later turn out to be false.</abstract>

Misrepresentation Under English Contract Law and its Comparison to Slovak Contract Law

<abstract><title style='display:none'>Abstract</title> Authoritarian governments are by their very nature unconstitutional. Such government thinks of themselves as above the law, and therefore sees no necessity for separation of powers or representative governance. Constitutional democracy on the other hand, is however based on the notion of people’s sovereignty, which is to be exercised in limited manner by a representative government. Accordingly, judicial activism in this paper is employed to establish the theory of popular participation of courts in the decision making processes through settlement of disputes, interpretation or construction of laws, determination of propriety of legislations, legislative and execution actions within the doctrine of separation of powers for the purpose of enforcement of the limitations in government on constitutional ground. This paper thus examines the concept of judicial activism, its legitimacy and as a mechanism for providing checks and balances in the Nigerian government. The paper demonstrates a game theory of judicial legislative interaction within their function and contends that the notion of judicial supremacy does not hold water because the legislature always has the second chance of invalidating the judgment of courts exercising the legitimate powers. The paper concludes that judicial activism in these countries is a veritable tool in advancing the compliance with the rule of laws on the ground of the Constitution.</abstract>

Judicial Activism in Nigeria: Delineating the Extend of Legislative-Judicial Engagement in Law Making

<abstract>
<title style='display:none'>Summary</title>
In Czech private international law, the applicable law for property relations of spouses and registered partners is regulated differently. The rapid development in the legal regulation of same-sex marriages causes a division in the jurisdictions among the EU Member States as well as a non-uniform approach in the norms of private international law. Given that same-sex marriage is not legalized in the Czech Republic, a problem of classification arises in Czech private international law. The paper will focus on the question of classification of the property regime of same-sex couples who have entered into marriage in one of the states that admit such unions, and the solution to this problem of classification will be examined both at the national and EU levels.
</abstract>

The Problem of Classification in Property Rights of Persons of the Same Sex in the Context of Private International Law

<abstract>
<title style='display:none'>Summary</title>
The exceptional situation surrounding the outbreak of the COVID-19 pandemic directly affected the functioning of many liberal democracies. To limit the negative effects of the pandemic, numerous restrictions on fundamental rights and freedoms were introduced. The main objective of this article is to analyse Polish legal regulations regarding the possibility of limiting constitutional rights, in particular the freedom of assembly, during and outside states of emergency. The analysis focuses on the violation of the essence of the freedom of assembly in Poland during the COVID-19 pandemic and determines whether it could have been avoided. This is important because such a situation could arise again, and countries will be forced to learn from the experience of the COVID-19 pandemic.
</abstract>

Did The Restrictions Implemented in The Republic of Poland During The Covid-19 Pandemic Violate The Essence of Freedom of Assembly?

<abstract>
<title style='display:none'>Summary</title>
The conflict between Russia and Ukraine has been widely recognized as one of the most significant threats to peace and security in Europe since World War II. The large-scale proliferation of unmanned aerial vehicles in this conflict reveals how drones and autonomous weapons systems are transforming warfare. At the same time, they are raising concerns about the way conflicts are being fought, and how international peace and security is being secured through international humanitarian law. This article therefore provides a deep empirical analysis of the types of drones being deployed in the war between Russia and Ukraine, and their specific contributions to the conflict. The study provides several charts that indicate the make of the drones being used, their type, and the function of each drone employed by both parties to the conflict. The charts highlight various parameters such as maximum speed, endurance, and altitude capabilities. The empirical part of the article then feeds into the second part of the article which delves into the question of whether the drones being used there meet the requirements of the principles of distinction and proportionality as mandated in international humanitarian law. It argues that there seems to be evidence of indiscriminate attacks on civilians and civilian infrastructure, and investigations need to be carried out to determine whether there should be accountability. The article argues that the artificial intelligence being used in drones make them distinct from ordinary weapons as it is their autonomy to make decisions which ensures that accountability for IHL violations is problematic. The article argues that IHL ought to be reformed to deal with these new warfare capabilities.
</abstract>

Drones on the Frontline: Charting the Use of Drones in the Russo-Ukrainian Conflict and How Their Use May Be Violating International Humanitarian Law

<abstract>
<title style='display:none'>Summary</title>
The focus of this article is on how forced migration is regulated in the Asia Pacific region. While each new case of mass migration is widely characterised as an unprecedented crisis, history shows that much about these ‘crises’ was perfectly predictable. Resort to what Charlesworth identifies as ‘crisis mode’ short-circuits historical perspectives and obscures structural injustice. If we step back from the language of crisis, we can turn our focus to what the legal and institutional contexts in which forced migration occurs and that make it such a devastating experience.
</abstract>

Forced Migration in the Asia Pacific Region: A History of Predictable Crises

<abstract>
<title style='display:none'>Summary</title>
The article deals with the issue of digitalization of the judiciary and civil court proceedings. It clearly divides digitalization into institutional digitalization related to the judiciary as a whole and procedural digitalization, i.e., digitalisation within the framework of court proceedings. In its introduction, it focuses on institutional forms such as electronic systems and registers, in the second part it defines specific forms of digitalization within the current regulation of civil court proceedings, i.e., service via the public data network, electronic case management, recording of hearings, use of video-conferencing and finally also decision-making in the form of electronic payment orders. The paper highlights the problematic aspects of digitalization.
</abstract>

Civil Procedure and Digital Technology: The Digitalization of the Judiciary and Civil Court Proceedings in the Czech Republic and Associated Problems

<abstract>
<title style='display:none'>Summary</title>
The conformity of the European Union’s Own Resources Decision with the constitution was brought before the authentic interpreters of the constitutions in Finland and Germany. This paper tends to examine the so-called ‘identity review’ engaged by these interpreters regarding procedural guarantees. In Finland, the competence-related debate between the Constitutional Law Committee and the Grand Committee and their interference with the EU-law as well as the subsequent Finnish legislative process raised some serious concerns. The relevant decisions of the German Federal Constitutional Court also highlight some disadvantages of decision-making in a crisis situation, for instance, the lack of reasoning or the failure to request a preliminary ruling from the Court of Justice of the European Union. In this paper, we aim to highlight the promising and the less favourable aspects of the (quasi-)constitutional courts’ procedure.
</abstract>

“Not Great, Not Terrible” – EU Crisis Management and Constitutional Identity Regarding The COVID-19 Pandemic

<abstract><title style='display:none'>Abstract</title> Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. Indeed, they are so oft en referred to and used as a basis for claims of various kinds that there may be a risk of certain “inflation” in that so much is said to be a human right that the notion loses its essential meaning. Th is article argues that the universality of basic human rights is one of the values of the concept of rights. Th e rights and the understanding and interpretation of rights may have to be purist. Th is may be the way universal human rights as a concept can survive at all. In the modern world there are different trends that to some extent conflict, like the trend of globalisation but also the re- emphasising in different parts of the world of traditional values, whether from a religious background or something else. It appears that the basic dogma of human rights - which has also been called the first universal ideology - that it is the individual and her rights and freedoms that should always be in the centre of any human rights discourse, is abandoned all the more oft en as the central principle. Instead the banner of human rights is used for various political and economic aims</abstract>

Less is More or More is More? Revisiting Universality of Human Rights

<abstract>
<title style='display:none'>Summary</title>
The phenomenon of geo-blocking is one of the new challenges of the digital era. Geo-blocking is a modern form of discrimination that differentiates between consumers on the basis of their geographical location. The phenomenon ultimately affects the situation of the citizen concerned and may also constitute an obstacle to the single market. Digital time has put a number of issues to be resolved on the legislator’s table in recent years, one of which is the phenomenon of geo-blocking. Already in 2015, the European Commission led by Juncker (2014–2019) adopted the Digital Single Market (DSM) strategy, which marked the European Union’s (EU) path towards innovation by creating a new digital dimension of the Single Market. In order to achieve the DSM strategy and the digital objectives, a number of legislative acts have been put in place to address the elements of the DSM and exploit the benefits of technological modernisation. The geo-blocking phenomenon is presented in this study, partly in terms of practical aspects and partly with regard to the geo-blocking regulation. The Ursula von der Leyen-led Commission (2019–2024) identifies “a Europe fit for the digital age” among its six priorities. Among the priorities, the “promotion of a European way of life”, must be linked to the digital priorities, as our smart tools and our digital presence are becoming an integral part of our lives – and our common way of life – especially at this time of the COVID-19 pandemic. Innovation has also been accelerated by the current exceptional situation, the health emergency caused by COVID-19, forcing us to work remotely, remote contacts and the constant use of our smart tools. The realisation of digital well-being is therefore also an integral part of our lifestyle. In the intersection of digitalisation and development and the promotion of a common European way of life, we can find a single market in which we can experience a significant aspect of our European way of life – the free movements and cross-border transactions – even through our online presence. The internal market is the dimension for the proper functioning of which the Union institutions can adopt a legislative act. In addition, measures taken to remove barriers and remove obstacles are essential for the functioning of the internal market. Joint action against geo-blocking as an internal market barrier will also play a role in creating digital prosperity by promoting the proper functioning of the internal market by promoting e-commerce and electronic content access. The aim of the study on the one hand is to present issues related to geo-blocking in a brief and descriptive manner from the perspective of the social, economic and legal environment linked to the internal market. On the other hand, the study briefly presents the legal environment of geo-blocking in the USA, Russia, China and Japan.
</abstract>

“This Content is not Available in your Country” A General Summary on Geo-Blocking in and Outside the European Union

<abstract><title style='display:none'>Abstract</title> The paper deals with the protection of cultural heritage and defines its value to society within the Faro Convention, which was adopted by the Council of Europe in 2005. Author is focuses on the innovative concept of the “common heritage of Europe“ and its relationship to human rights and fundamental freedoms. The paper addresses the right to cultural heritage which is within the Faro Convention expressed as a dimension of the right to participate in the cultural life of the community and the right to education. In this context, the paper refers to other international human rights documents, such as the Universal Declaration of Human Rights or the International Covenant on Economic, Social and Cultural Rights. The paper also presents other individual principles and provisions of the Faro Convention regarding organisation of public responsibilities for cultural heritage or access to cultural heritage and democratic participation.</abstract>

The Concept of the Right to Cultural Heritage within the Faro Convention

<abstract>
<title style='display:none'>Summary</title>
This scientific paper is devoted to the critical analysis of the right to be forgotten after the entry into force of the GDPR, including the analysis of the existing case-law of the Court of Justice of the European Union (hereinafter – the CJEU) on the above right, as well as the legislative experience of the EU member States. The main research questions of this paper are as follows: Does the right to be forgotten effectively protects human privacy? What are the main shortcomings of the right to be forgotten in law enforcement practice? How can such shortcomings be corrected in order to improve the effectiveness and practicality of the right to be forgotten? The authors try to find reasonable solutions to the practical issues related to the realization of the right to be forgotten and offer their vision of improving the effectiveness of this right in the European legal practice.
</abstract>

Critical Views on the Right to Be Forgotten After the Entry Into Force of the GDPR: Is it Able to Effectively Ensure Our Privacy?

<abstract><title style='display:none'>Abstract</title> The virtualization and dematerialization of private as well as business life, including the conduct of business, are noticeable features of the 21st century. One must bear in mind that e-commerce is the biggest and the fastest growing market in the world.50 It is indispensable to consider the domain as a space on the Internet and the domain name as an Internet code address of a computer knot (IP numeric address) converted through the DNS database placed on special name computer servers into a verbal (literal) form. Such a unique and symbolic name performs many more functions than merely serving as an address and undeniably has a strong significance for successful business conduct. Th us, the choice of a TLD for a domain to be used for entrepreneurial activities truly matters and definitely should be done while considering key factors, including economic, legal, and technical aspects</abstract>

And the best top level domain for European Enterprises is …

<abstract><title style='display:none'>Summary</title>The given article is an evaluation of the implementation and development of Georgia’s cybersecurity policy, and its influence on Georgia’s global cybersecurity index. The study covers the period from 2008 to 2018. In 2008 Georgia became one of the first victims of hybrid warfare. During the August 2008 Russo-Georgian war, Georgian government websites were attacked by hackers affiliated with Russia. In the given period, cybersecurity was not the priority direction for Georgia, therefore government portals were easy targets for cybercriminals and the government couldn’t prevent the cyberattacks. After 2008, the government decided to develop a state cybersecurity policy. In 2012 the country ratified the Council of Europe’s cybersecurity convention. At the same time, the “Law of Georgia on Information Security” which had become a basic document of the cybersecurity state policy implementation, had been adopted. The document was followed by a cybersecurity strategy. During the following years, based on cybersecurity strategy document, Georgia implemented 2 action plans and defined the relevant state agencies responsible for “cyber safety” of the country. As a result of the reforms, in 2017, according to the International Telecommunication Union (ITU) Cybersecurity Global Index, Georgia has been ranked among the top ten countries. The given article is a chronological description of a Georgian cyberpolicy and cybercapabilities evolution. It includes cases of organized cybercrime carried out against the state and examples of the development of Georgian cybersecurity policy which was reflected on the global international cybersecurity index of the country.</abstract>

Cybersecurity in the Making – Policy and Law: a Case Study of Georgia

Instructions for Authors

Publication Ethics Statement

Review Form

International and Comparative Law Review

 International and Comparative Law Review is a peer-reviewed legal journal published by the Faculty of Law, Palacký University Olomouc (Czech Republic) in cooperation with Johannes...

Cite Score

SNIP

 International and Comparative Law Review is a peer-reviewed legal journal published by the Faculty of Law, Palacký University Olomouc...