Iustinianus Primus Faculty of Law
Permanent URI for this communityhttps://repository.ukim.mk/handle/20.500.12188/22
Browse
37 results
Search Results
- Some of the metrics are blocked by yourconsent settings
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, - Some of the metrics are blocked by yourconsent settings
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, 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, Affiliation via Sperm Bank, Proceedings from Second International Interdisciplinary Conference Bioethics - the Sign of a New Era(Faculty of Philosophy, Center for integrative bioethics under the Faculty of Philosophy - Skopje, 2019)Ignovska Elena - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The refugee relocation system in the EU and its implications to the countries on the Western Balkans route: the aftermath of the flawed reception conditions in the EU(Institute Universitaire Varenne, Paris, France., 2018)Julija Brsakoska BazerkoskaThe paper analyses how the controversial new Decision establishing provisional measures for the relocation of 120,000 asylum-seekers from Italy and Greece to other EU member states, which was adopted in September 2015 by the Extraordinary Justice and Home Affairs Council Meeting, affected the countries on the Western Balkans route. The paper will examine the scope and components of the newly adopted EU Temporary Relocation System. It is argued that the EU provisional relocation system, and its potential future conversion into a permanent system, constitutes a timid step forward in addressing the central controversies of the current refugee debate in Europe, which revolve around the question whether all member states are doing enough to receive and assist refugees arriving in the EU. The paper will pay particular attention to the main issues and challenges that confront the effective operability of the EU relocation regime and all the ways it have affected the Western Balkan countries which are in a different stage in their European integration. The refugee crisis posed numerous challenges to the Western Balkan countries which are weak democracies and have unstable institutions. The countries’ infrastructure, social structure, as well as the health structure has been undermined when faced with the refugee crisis challenges. Although largely harmonized with the EU acquis, the legislative and institutional frameworks for migration management in Western Balkan countries need further adjustment. The paper will examine the changes that were made in the relevant legislation regulating foreigners/aliens; state border control; and the revision of the criminal code so as to criminalize migrant smuggling and to assign penalties. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The renewed name issue negotiations and the potential for dispute resolution of the ICJ Judgment(SEELS, 2018)Toni Deskoski, Julija Brsakoska BazerkoskaThe paper makes an assessment of the Republic of Macedonia’s efforts to become a member of the European Union and NATO in the context of the name issue with the neighboring Greece. The European Union’s involvement in tackling the name issue between one of its member states – Greece and the Republic of Macedonia has been highly ineffective. Although, the EU has gained numerous mechanisms for conflict prevention and conflict resolution within its Common Foreign and Security Policy and within the Enlargement Policy, the Union has been unsuccessful in the process of solving this dispute and consequently in the process of bringing the fragile Balkan country closer to its membership. Moreover, NATO’s membership for R. Macedonia has been burdened with an additional criterion in 2008 – resolving the name issue, due to the opposition from one of its member states. The authors argue that in the case when the dispute involves one of the international organizations’ member states, due to the lack of unity among its members, it is extremely difficult to find a fair settlement that properly weights the interest of both parties. This obstacle has been continuously present both in EU and in NATO, even after the ICJ delivered its judgment on the breach of the Interim Accord of 1995, finding the Greek opposition to the Macedonian membership in international organizations unlawful. - 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.