Juridical Tribune - Tribuna Juridica

12

Authors: Associate professor Maria João MIMOSO; Researcher Liz Corrêa de AZEVEDO

International trade, as of result of globalization and the consequent exponential growth in the operations volume, has brought a movement of reflection on the disciplinary rules of international trade relations. In this context and considering the significant divergences between the legal regimes of the different States, the instruments of standardization and harmonization of the international contracts’ disciplinary rules assume special importance. Notwithstanding the existence of normative instruments that guide the formation and execution of the signed agreements, it is imperative that the hermeneutic activity of such texts is also harmonious, under penalty of distorting the purpose for which they were conceived. Through the analytical method, we will approach the unifying rules and principles of the process of interpreting contracts in the international scenario. Initially, we will present the principle that guides the entire process of interpreting international contracts, pointing out the fundamental principles in conducting the interpreter's activity. We will also note the importance of usages and customs in the interpretive process. Finally, we will analyze the rules on the interpretation of contracts and unilateral declarations of the parties contained in the Vienna Convention on the International Sale of Goods 1980, CISG, and in the UNIDROIT Principles applicable to international commercial contracts, version 2016.

16

Authors: Professor Agnieszka SKÓRA; Professor Mária SREBALOVÁ; Lawyer Ingrida PAPÁČOVÁ

The article focuses on actual challenges of administrative justice in the Slovak Republic and Poland. The legal crisis and the crisis in law in both countries have common signs and necessarily differences. The authors analyze selected problems of administrative justice, which are connected by the current state of society marked by the crisis. In the part dedicated to the Slovak Republic and Poland, emphasis is placed on the crisis associated with changes in the judicial system and - additionally - in Poland it is the crisis associated with changes in the law caused by the COVID-19 pandemic. Due to the nature of the researched topic, we have applied analysis, synthesis as well as comparison of legal regulations in the processing of this issue. However, in addition to the mentioned scientific methods of research, we also used scientific literature, case law and analogy of the law. The article can be beneficial by researching the development of problems associated with administrative justice in states with a similar historical development of society.

16

Authors: Lecturer Anamaria GROZA

The principle of mutual recognition represents one of the brilliant creations of the Court of Justice of the European Union, which has significantly contributed to the achievement of the free movement of goods, in the absence of the approximation of national laws, and which is impressive even today by its depth and vocation to extend to new fields of European integration. Mutual recognition is one of the efficient solutions in order to have unity in diversity and also common objectives to reach. We find the principle of mutual recognition in the sphere of the fundamental freedoms of the internal market and in very different domains of the internal market too. Judicial cooperation in civil and criminal matters uses this principle in order to ensure the free movement of judgements and the effectiveness of criminal proceedings. The application of the principle in very different fields has illustrated its utility, as well as the particularities of each area. By observing these particularities, we can better understand the European integration specificity in various fields and its challenges. Our research is descriptive, explanatory and comparative, being accompanied by the relevant case law of the Court of Justice of the European Union.

33

Authors: Lecturer Shelton T. MOTA MAKORE; Professor Patrick C. OSODE; Lecturer Nombulelo LUBISI

The current global human rights order, eminently propagated in international legal instruments and statements, is to a great extent state-centric in character, bestowing obligations on states, whilst largely ignoring the conduct of non-state actors in the form of transnational corporations (TNCs) and trade governance institutions whose record of human rights adherence is scarcely convincing. This inability to aptly govern the conduct of transnational entities, even when it is evident that their power now eclipses that of states, raises the concern that the extant human rights regime is a neoliberal construct advancing market fundamentalism and widening the economic disparities between developed and developing countries. This article unsettles the doctrinal foundations underlying state centrism in international human rights law, arguing that such a version of human rights is exposing developing countries to neoliberal oligarchs, and market deficiencies, which if not reformed, may entrench underdevelopment. It calls for a decolonised human rights regime which impose human rights obligations on the conduct of transnational entities in pursuit of human dignity, equality and freedom.