Iustinianus Primus Faculty of Law
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Item type:Publication, ARBITRATING DISPUTES IN THE REPUBLIC OF NORTH MACEDONIA(2024)Deskoski Toni; Dokovski VangelThis paper deals with the arbitration framework in North Mace- donia, presenting the dualistic approach to domestic and interna- tional arbitration as provided by the national Law on International Commercial Arbitration (hereafter: LICA) and the national Code of Civil Procedure (hereafter: CPA). The LICA is based on the 1985 UNCITRAL Model Law on International Commercial Arbi- tration, which provides a legal framework for resolving disputes with an international element, allowing the parties the freedom to choose between ad hoc or institutional arbitration. Contrary to that, domestic disputes are exclusively reserved for institutio- nal arbitration. Furthermore, this paper addresses subjective and objective arbitrability, and analyzes the arbitrability of corporate, employment and defamation disputes. The procedural aspects of arbitration, particularly the role of institutional arbitration in North Macedonia and the governing rules for arbitration proce- dures, are also exploited. The issue of recognition and enforcement of foreign arbitral awards in North Macedonia is also analyzed in this paper. Recent judicial practices have demonstrated deviation from the Private International Law Act (hereafter: PIL Act), notably turning ex parte proceedings into contradictory ones, which undermines the PIL Act. A case involving the refusal to recognize a Partial ICCAward from Poland and later setting aside the award illustrates these issues, as the court failed to properly apply the LICA and the PIL Act. This deviation is also analyzed in the paper. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Exploring the impact of new generation model BITs on technology transfer and sustainable development(2024)Deskoski Toni; Dokovski Vangel; Kocev LjubenIn the context of globalization, foreign direct investments (FDIs) play a pivotal role in the economic development strategies of nations. The widespread expansion of multinational corporations has led to the rise of foreign-owned or dominated trading companies, often placing FDI in a secondary position compared to portfolio investments. However, beyond providing capital, these investments frequently bring technological advancements, managerial expertise, innovation, and access to global markets, fostering more sustainable and comprehensive growth for the host country. The appeal of a nation to foreign investors is shaped by three key factors. First, the overall economic conditions are crucial - countries experiencing strong economic growth naturally become more attractive to investors. Second, the political environment is equally important, as stability encourages foreign investors to commit. Lastly, legal certainty, which is closely tied to the country’s legal framework and policies, is vital for ensuring investor confidence and predictability. In this context, FDIs play a critical role in driving economic development by introducing fresh capital, technology, andexpertise that generate a wide range of benefits for the host economy, from infrastructure development to job creation. Technology transfer, in this context, refers to the movement of scientific production or distribution methods between enterprises, institutions, or nations facilitated through foreign investment, international trade, patent licensing, technical assistance, or training. This paper will explore the potential of technology transfer within the framework of new-generation Bilateral Investment Treaties (BITs) and their broader implications for achieving sustainable development in a rapidly evolving global economy. New Model BITs are designed to facilitate FDI from capital-rich and highly skilled economies, predominantly members of the OECD, into less developed nations. These agreements aim to provide legal protection and stability for foreign investors, thereby reducing risks associated with investing in emerging markets. As a result, BITs promote the flow of capital, technology and expertise from developed countries to support the economic growth of the recipient nations. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Crypto Assets: Tax Law and Policy in North Macedonia(IBFD, Amsterdam, 2024) - Some of the metrics are blocked by yourconsent settings
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Item type:Publication, Country review on the setting of wages through collective bargaining in North Macedonia(International Labour Organization, Geneve, 2021) - Some of the metrics are blocked by yourconsent settings
Item type:Publication, CONFERENCE BOOK : 45 YEARS HIGHER EDUCATION IN THE AREA OF SECURITY – EDUCATIONAL CHALLENGES AND SECURITY PERSPECTIVES,(University “St. Kliment Ohridski”- Bitola & Faculty of Security- Skopje, 2022)Chupeska, AnaThis article will reflect on specific form of populist pollical mobilsation, and that is ethno- populism (in line with Janne, Stavrikasis, Mudde) firstly, via addressing its triggers such as prolonged crises initiated by recent pandemic with covid 19 and Russian invasion over Ukraine. Secondly, both global distortions have raised a question of ethno-populist movements around the globe, for which there are many prominent examples that can serve to demonstrate the case in point : from Donald Trump naming the “China virus”, to Putin’s preoccupation with denazification, as well as many other nationalist acters that have taken an ethno-populist form. Consequently, I will discuss the ethno-populist glare in case of North Macedonia possible security related risks. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Sustainability and Reproduction: A Human Rights Based Approach/Nachhaltigkeit and Fortpflanzung, ed/hg Muller S., Morciniec Jan P. Interdisciplinary Sustainability. Stimuli for Further Reflection/Interdisziplinar Nachaltigkeit. Anregunden zum Weiderdeneken(Facultas, 2023-12)Ignovska ElenaThe paper approaches sustainability from a human rights perspective. It takes anthropocentric lenses towards environmental issues, arguing that humans and the environment and interconnected and therefore interdependent. The ECtHR’s contribution has proven revolutionary by broadening the scope of certain rights stipulated in the ECHR to the area of environmental protection. On the other hand, even national courts could apply the human rights approach on national level before it even reaches the ECtHR. Family law issues are at the borderline between private and public law. In the intersection of sustainability, environment and families there is the intersection of reproduction. Sustainable development is vulnerable because most people, families, and governments care more about their own sustainability than about the whole world. The paper uses the same human rights approach to answer how to solve reproductive discrepancies (overpopulation and below-replacement fertility rates) in different regions that threaten planetary sustainability in different ways. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, COVID-19 PANDEMIC AND CONSTITUTIONALISM IN THE REPUBLIC OF NORTH MACEDONIA(International Association of Constitutional Law, 2022)Treneska Deskoska, RenataCOVID-19 has posed unprecedented challenge not only for health system, but also for legal systems all over the world. This paper analyzes the legal challenges, North Macedonia has been facing because of COVID-19 pandemic. In 2020, when the pandemic started, the Parliament of North Macedonia was dissolved and pre-term elections were called. In order to postpone the elections and to give the Government possibility to act efficiently in situation of dissolved Parliament, the President of the Republic proclaimed state of emergency. The interim Government was challenged to respond efficiently to the pandemic and its consequences, by using minimal restrictions of human rights. The paper analyzes the issue of balancing the values of constitutionalism with the need of efficient measures to deal with the pandemic in North Macedonia. The role of the constitutional arrangements in responding to the COVID-19 crisis are also analyzed. The importance of the constitutional norms during the state of emergency in North Macedonia was big, because the country did not have the Law on state of emergency, so the constitutional norms were only legal norms that regulated the situation in which the country was for a first time since its independence. The paper also assesses the adopted measures by the Government and their influence on the rule of law and democratic principles in the country. The Constitutional court was very active during the state of emergency deciding on the constitutionality of almost all decrees with the force of law which were adopted by the Government. The paper also analyzes the role of the Constitutional Court of the Republic of North Macedonia as guardian of the Constitution during the state of emergency. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, LEGAL RESPONSES TO COVID-19 IN NORTH MACEDONIA(Iustinianus Primus Law Review, 2021-12-27)Treneska Deskoska, RenataCOVID-19 has posed unprecedented challenge not only for health system, but also for legal system all over the world. This paper analyzes the legal challenges, North Macedonia faced because of COVID-19 pandemic in 2020. When the pandemic started, the Parliament of North Macedonia was dissolved and pre-term elections were called. The President of the Republic proclaimed state of emergency. The interim Government was challenged to respond efficiently to the pandemic and its consequences, by using minimal restrictions of human rights. The paper analyzes the constitutional frame regulating the state of emergency as well as the legal measures that affected human rights in North Macedonia during the effort of balancing the values of constitutionalism with the need of efficient measures to deal with the pandemic. Also, the paper analyzes the decisions of the Constitutional court of North Macedonia on the acts connected with the state of emergency proclaimed due to the COVID-19 pandemic. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, CYBER SECURITY MANAGEMENT POLICIES IN THE MACEDONIAN LEGAL SYSTEM: THREATS AND CHALLENGES(Konrad Adenauer Foundation, Republic of North Macedonia Institute for Democracy “Societas Civilis”, Skopje, 2022-01)Hristina Runcheva TasevIn this paper we will address the types of cyber threats on the Internet, the legal framework in the Macedonian legal system, cyber security management policies in our country and institutional capacity, as well as the need to find an effective model to deal with these modern threats and challenges. For the purposes of the research, a combined methodological approach will be applied based on the analysis of the latest trends in the field of cyber threats and the strengthening of cyber security globally, as well as analysis of domestic legal sources in this field, in order to determine the current situation in the domestic legal system and to detect the needs, weaknesses and directions for further policy-making processes.
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