Juridical Tribune - Tribuna Juridica

194 - 206

Authors: Assistant professor Anna HRISTOVA; Professor Dobrinka CHANKOVA

This paper provides an in-depth analysis of a significant global challenge the international organizations are faced within the 21st century - climate change. Climate change has detrimental effects on international security and stability. In the past decades, humanity has faced emerging natural occurrences such as the increase in the World Ocean level, higher frequency of monsoon rainfalls, impaired conditions of the ecosystems in the rain forests. The massive population increase in Africa and South Asia also points to the fact that natural resources are not infinite, and their spare use becomes a priority of worldwide importance. Managing climate change is a global problem, the solution of which mandates the unified efforts of the entire international community. And this is where climate diplomacy comes at play. The efforts of climate diplomacy need to be focused on two primary directions. The first priority is limiting global warming under 2°C compared to the pre-industrial levels and taking actions to reduce the harmful emissions of greenhouse gases. The second priority is about taking adequate measures to handle climate change consequences, amongst which the so-called climate migration.

222 - 238

Authors: Lecturer Ovidiu Ioan DUMITRU; Andrei Viorel TOMESCU

In the context of current pandemic crisis due, social distancing and quarantine measures were imposed by states due to the high risk of infection by going out of the house for buying the goods and services that are required. Naturally, there has been an increase in online acquisitions, use of online entertainment and online tools for professional purposes. This has increased the level of demand alongside the consumption in the online sector which forces the suppliers to become more inventive in order to sell their products and services and make them more accessible, price wise, in better meet the expectations. Unfortunately, this being a highly abrupt shift with no precedence, forcing the traders and providers in the online sector to cut corners in order to keep up and, as a consequence, may affect the consumers. All these being said, although we speak about unprecedented context, the European Union, over the last two decades, has enacted more directives and regulations in order to keep up with this market’s unique and high innovation rate with the goal to ensure the consumer’s protection. This papers analysis the evolution of the European Consumer Law starting with the minimum harmonisation approach and getting to new acts which try to fully harmonise the area for the attainment of a functional internal market, a Single Market which is, nowadays, pressured by the digital revolution and social distancing to change perspective, as customers are interacting with the business in different ways they did once and the digital content is becoming the main product or service to be supplied.

255 - 278

Authors: Associate professor Cristina Ioana FLORESCU

In the last decade, a constant concern became the extent to which arbitration is and can be characterized as an efficient process. Among the arbitration advantages, the speed and the reduced costs of this alternative method of dispute resolution were always mentioned, as an incentive in promoting and attracting users. One of the ongoing debates in international arbitration is whether the arbitration procedure could be faster and cheaper than litigation in front of the state courts and how to increase the recourse to arbitration by promoting a more efficient conduct of the proceedings. This article mainly describes how the arbitration specialists (institutions, arbitrators, parties and counsels), by respecting and adopting innovative instruments in the field, can contribute to the fairness and efficiency of the international arbitration process in which they are involved, in order to respond to the arbitration community most recent requirements related to transparency, predictability, security, accuracy, compliance and diversity. This contribution enumerates and stops on some current and interesting instruments which contribute to the efficiency of the arbitration, promoted by the arbitration community based on the practice in the field and which arouses the interest of the specialists. Some of those are not sufficiently convinced that these tools will be able to contribute in the long-term to the achievement of the cherished efficiency without affecting the advantages and the basic principles of the arbitration.

289 - 307

Authors: Student Botond Zoltán PETRES

It is recognized for millenniums already that outside of the written and codified law, custom can also function as a source of law if certain criteria are fulfilled. Even though modern lawmaking in civil law controls the possible situations when usages can intervene, in case of international commercial law the application of usages is much wider. As international trade was growing in the past century in an unprecedented manner, the number of international transactions grew exponentially. Also, the field of international commercial law consists mostly of soft-law sources due to the fact that states hardly obtain a consensus in regulation. Therefore, the usage created by the general practice of actors of a given field, and also the practice which is not based on contractual provisions between trading partners shall be taken into account. The structure of usage remained mostly the same for centuries, but due to that, this consuetudo might have fallen into desuetude. The problem with these is the fine line that exists between custom and usage, the existence of a usage and a practice which is unable to act as a source of law. We only see the mask – and behind every mask... is another mask.

328 - 334

Authors: PhD. Ellyne Dwi POESPASARI

Minangkabau tribes or Minangkabau (often called Padang people)) are tribes originally from West Sumatra, Indonesia. This tribe is famous for its customs and its matrilineal kinship system (maternal or female lineage), where the position of female takes precedence over male. Customary law norms indigenous societies of Minangkabau after Judge Decision are a change. On the legal concept of the inheritance of Minangkabau customary, wife cannot be the heir of her late husband. Within the judges' decisions, the widow's status as the heir to the property of her husband gaining recognition. Therefore, Judge's rulings are a contradictive rule compared to the norm of Minangkabau customary law which they embrace Matrilineal kinship system. While there is no clear definition of widow and her children (both male and female) not become the heirs of her late husband or father. In Minangkabau, if there is a property from late husband or father then the right to inherit will be given to his sister and niece. Thus, the existence of new jurisprudence is a new breakthrough to make a new development of value on the old customary law toward the value of new customary law.