<abstract xmlns="http://www.w3.org/1999/xhtml">Recently in Russian policy there was a return to the Cold War practices, which include, inter alia, nuclear deterrence, and even threatening to use nuclear weapons. That policy, however, is carried out in the changed international space compared with the times of the Cold War. The period of detente in relations between world powers was dominated inter alia by discussion on the humanitarian intervention. Human rights, tied to the value of justice, become the most important component of international order. Thus, justice has become the value of the international legal order equivalent to peace. In such a reality, the legitimacy of nuclear weapons should be based not only on the deterrence, but also on the need to protect human rights, tied with justice. Possession of nuclear weapons per se is contrary to this value. This fact should be taken into account in the world powers’ policies. Banning nuclear weapons, in accordance with the Radbruch formula, should be a result of these policies.</abstract>

Possession of nuclear weapons – between legality and legitimization

<abstract xmlns="http://www.w3.org/1999/xhtml">On 1 July 2016 the new codes of civil procedure will come into effect with the aim to provide for more effective, simplified and more economically efficient civil procedure, including more efficient enforcement of law in Slovakia. This article explains some of the new legal concepts that may facilitate attainment of this goal.</abstract>

Civil Litigation Procedure – a New Code of Procedure of the Slovak Republic

<abstract xmlns="http://www.w3.org/1999/xhtml">Nowadays, traditional criminal policy is facing its limits and is unable to cope with the rising criminality. Current criminal justice based on repressive approaches is unable to face serious obstacles and problems, namely in efficiency of punishment, poor protection of victims, and slow and overburdened criminal courts. New models of criminal judiciary based on principles of restorative justice have been unveiled while traditional systems of criminal justice are facing a serious crisis. The conception of restorative justice is one of the most modern and progressive of current approaches to criminal law that deserves to be implemented into the Slovakia criminal judiciary system. Author focused on punishments as home arrest, compulsory labour and financial penalty.</abstract>

Restorative Justice in the Conditions of the Slovak Republic

<abstract xmlns="http://www.w3.org/1999/xhtml">In relation to the activities of organized crime groups and their dynamic development in the areas of corruptive behavior which seems to be aimed at not only the leading representatives of the national political scene, but also at the area of national economy, economy and culture, discussions keep arising especially in the lay public about the enactment of the institute of the so called agent provocateur into the Czech legal environment. This institute has many supporters and also many opponents. Also some foreign legislations could be an inspiring element for the Czech legislation.</abstract>

Agent Provocateur in the Legislation of the Czech Republic, the Slovak Republic and the USA

<abstract xmlns="http://www.w3.org/1999/xhtml">The paper deals with the non-normative impacts of the EU law in the national legal systems (Czech Republic in particular) and focuses on the approach of the Czech Constitutional Court (CCC) towards the so-called principle of indirect effect of EU law. The authors examine the case law of CCC and offer the conclusions about the place, constitutional relevance and (national) limits of the EU-consistent interpretation of national law. CCC up to date case law clearly indicates that a EU-consistent interpretation is the most ideal tool for meeting the Czech Republic’s membership obligations. But it is simultaneously a tool for preserving the autonomy of the national authorities applying law and reduces possible tensions between supranational and nation law. CCC accepts the indirect effect broadly and used this concept even in controversial cases (European arrest warrant, State responsibility for damages etc.). But still it does not approach this effect without reservations. CCC points on the necessity to protect the fundamental constitutional values (‘Solange’ concept) even in connection with the duty of EU-consistent interpretation.</abstract>

Indirect Effect of EU Law under Constitutional Scrutiny – the Overview of Approach of Czech Constitutional Court

<abstract xmlns="http://www.w3.org/1999/xhtml">The Netherlands, Slovakia, France and Ireland are the States that came up with the initiative to establish a European Network on Victims’ Rights. This project is financed by Action grant of the European Commission and partially by Netherlands. The aim of this paper is to give general information about the main goals of the network and current work of Member States in the area of victims’ rights. The information is simply structured and composes of one main chapter and two subchapters. The first subchapter is divided into four paragraphs reflecting the framework of the network while the second one descriptively informs about the Council conclusions adopted during Netherlands’ presidency that confirmed the existence of the network.</abstract>

The New European Network on Victims’ Rights

<abstract xmlns="http://www.w3.org/1999/xhtml">The growth in the amount of international arbitrations, the value of the disputes and expenses invested into the arbitral proceedings have escalated the pressure to succeed in dispute. The arbitrators face to guerrilla tactics or threats of annulment of arbitral awards based on the violation of a right to a due process. Soft law regulating the arbitral procedure endowers the effectives of the arbitration, however, in the recent years the critical voices can be heart which warn against overregulation and its judicialization. On the following pages the impact of the soft rules prescribing the arbitral proceeding on the effectiveness of the international commercial arbitration is examined. Firstly the author deals with the right to a fair trial and the discretionary power of arbitrators in the framework of the notion of soft law and then the binding character of this soft law is determined. The aim of this article is to answer the question whether the regulation of the arbitral proceedings by soft law is still welcomed or if it represents a threat for the discretionary powers of the arbitrator and arbitration as such.</abstract>

The Meaning of Soft Law in International Commercial Arbitration

<abstract xmlns="http://www.w3.org/1999/xhtml">This paper focuses specifically on the fundamental part of the right to a fair trial, namely access to a court. The aim of this article is an attempt to analyse the difference between the requirements of European standards and how they are reflected in Polish legislation. First of all, I am going to analyze basic European standards specified in Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, Recommendation Rec(2004)20 on the judicial review of administrative acts and in the jurisprudence of the European Court of Human Rights. Then I will focus on selected aspects of the problem of judicial review of administrative acts specified in the Act of 30th August 2002 Law on Proceedings before Administrative Courts. I will discuss several specific topics from this field, which can be considered as crucial in relation to access to court, namely: definition of terms for access to justice by an individual, exhausting administrative remedies before judicial review, locus standi and legal aid.</abstract>

Access to a Court in Matters Concerning Disputes of an Individual with the Public Administration in the Republic of Poland vs. the Standards of the Council of Europe

<abstract xmlns="http://www.w3.org/1999/xhtml">The article deals with the systematical problem of an acceptance and impementation of foreign law instruments in EU, incoming from Anglo-American law system. Supporting partial methods of the ADR, European legislative is focusing on the mediation and using this method in civil procedure law, especially in family law matters. The practitioners have accepted the idea of mediation as a part of civil law procedure without analyzing or studying the real nature of this method or instrument. The study is looking into the problematics of the Multi-Door Courthouse model and comparing it with European situation in the member states. It is also trying to find the best possible future ways for the development in the area of mediation with the reflection of the results of the implementation of the European mediation directive.</abstract>

Multi-Door Courthouse established through the European Mediation Directive?

<abstract xmlns="http://www.w3.org/1999/xhtml">The control system of the public administration of the Slovak Republic is regulated by several laws, on top of which stands the very Constitution of the Slovak Republic. The control activity is carried out by the authorities that are delegated to carry out checks directly from the Act, whose objective is to determine the objective status of the facts, and the management of financial management and other means of public investment. The main objective of the article was to analyze and present effectivity and function of internal control system in the individual municipality size categories in the Slovak Republic</abstract>

The Council of Europe and Control System in Local Self-Government of the Slovak Republic

<abstract xmlns="http://www.w3.org/1999/xhtml">The article briefly introduces current regulation of disinheritance in the Czech Civil Code. Firstly it deals with the notion and purpose of disinheritance, and consequently it describes reasons for disinheritance and ways of disinheritance, highlighting some interpretation difficulties in this field. .</abstract>

A Brief Insight into Disinheritance

AHEAD OF PRINT

Volume 23 (2023): Issue 2 (December 2023)

Volume 23 (2023): Issue 1 (August 2023) International Law and the Russian Invasion of Ukraine

Volume 22 (2022): Issue 2 (December 2022)

Volume 22 (2022): Issue 1 (July 2022)

Volume 21 (2021): Issue 2 (December 2021)

Volume 21 (2021): Issue 1 (June 2021)

Volume 20 (2020): Issue 2 (December 2020)

Volume 20 (2020): Issue 1 (June 2020)

Volume 19 (2019): Issue 2 (December 2019)

Volume 19 (2019): Issue 1 (June 2019)

Volume 18 (2018): Issue 2 (December 2018)

Volume 18 (2018): Issue 1 (June 2018)

Volume 17 (2017): Issue 2 (December 2017)

Volume 17 (2017): Issue 1 (June 2017)

Volume 16 (2016): Issue 2 (December 2016)

Volume 16 (2016): Issue 1 (June 2016)

Volume 15 (2015): Issue 2 (December 2015)

Volume 15 (2015): Issue 1 (June 2015)

Volume 14 (2014): Issue 2 (December 2014)

Volume 14 (2014): Issue 1 (June 2014)

Volume 13 (2013): Issue 2 (December 2013)

Volume 13 (2013): Issue 1 (June 2013)

Volume 12 (2012): Issue 2 (December 2012)

Volume 12 (2012): Issue 1 (June 2012)

Volume 11 (2011): Issue 2 (December 2011)

Volume 11 (2011): Issue 1 (June 2011)

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 Kepler Universität in Linz (Austria) and Karl-Franzens Universität in Graz (Austria). The articles are published mostly in English; occasionally contributions in German or French may be also accepted.  The journal has been published since 2001, peer-reviewed is since 2005. It is issued twice a year.  The aim of ICLR is to reflect expert research in the field of International law and EU Law as well as in legal orders both of the Czech Republic and other Member States of the European Union. Here the special emphasis is given to the legal systems of Central European Countries. The journal is comparative by its focus and with respect to this perspective it deals with all areas of law.  Rejection Rate:   40%   Why subscribe and read   Significant contribution to the legal studies in the field of international law, transnational law, EU law and comparative law as well as in related fields of research  Contact with the up-to-date research  Contact with the group of international of scholars   Why submit   Fair and constructive double-blind peer review  Fast and efficient publication process  Commitment to the quality of every article  Wide dissemination of content   Target group  researchers and experts in the field of International law and EU Law   Archiving  Sciendo archives the contents of this journal in Portico - digital long-term preservation service of scholarly books, journals and collections.  Plagiarism Policy  The editorial board is participating in a growing community of Similarity Check System's users in order to ensure that the content published is original and trustworthy. Similarity Check is a medium that allows for comprehensive manuscripts screening, aimed to eliminate plagiarism and provide a high standard and quality peer-review process. 