scholarly journals ‘The Court is Accommodating our Murderers’: Prosecuting Aged Defendants in Domestic Courts in Bosnia and Herzegovina

2021 ◽  
pp. 1-16
Author(s):  
Hikmet Karcic
Keyword(s):  
Old Age ◽  
Bosnia And Herzegovina ◽  
Legal Reasoning ◽  
War Crimes ◽  
Case Law ◽  
Domestic Courts ◽  
The Media

Abstract Although the war in Bosnia and Herzegovina ended a quarter of a century ago, a large number of war crimes suspects are still being prosecuted. One of the visible issues arising in domestic courts are aged defendants, whose trials are delayed due to old age and illness. The aim of this article is to give an overview of case law and analyze the process of prosecuting aged defendants at the War Crimes Chamber within the Court of Bosnia and Herzegovina, which carries the largest workload of war crimes cases in the region. This article focuses on two main aspects: portrayal of these cases in the media and the legal reasoning of the court.

Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

2014 ◽  
pp. 13-31
Author(s):  
Katarzyna Grzelak-Bach
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Case Law ◽  
Legal Order ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Basic Level

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.

scholarly journals The media image of Chinese older people: From stigmatic stereotype to diverse self-representation

2021 ◽  
pp. 205943642110125
Author(s):  
Kun Li
Keyword(s):  
Older Adults ◽  
Older People ◽  
Old Age ◽  
Media Studies ◽  
Positive Attitude ◽  
Media Image ◽  
Past Life ◽  
The Media ◽  
Leisure And Recreation ◽  
Chinese Older People

From the perspective of communication and media studies, this article explores a comparison between the image of older adults presented on media and online self-representation facilitated by the use of smartphones. The qualitative textual analysis was conducted with a sample (228 posts, from 1 January to 31 December,2019) selected from a representative WeChat Public Account targeting at older adults in China. The results demonstrate that leisure and recreation is the most frequently mentioned topic (58%) with memories of past life receiving the least references (3%). The striking features of popular posts among older people include a highly emotional tone, bright colours and multimedia. Sentiment analyses shows 68.42%, 13.16% and 18.42% of positive, neutral and negative emotions, respectively. A generally positive attitude of self-representation is in a sharp contrast with the stigmatic media image of older adults. The article concludes that the visibility of Chinese older people may help to reduce the stigma surrounding old age in China.

scholarly journals Asymmetric cross-citations in private law: An empirical study of 28 supreme courts in the EU

2021 ◽  
pp. 1023263X2110146
Author(s):  
Sabrina D’Andrea ◽  
Nikita Divissenko ◽  
Maria Fanou ◽  
Anna Krisztián ◽  
Jaka Kukavica ◽  
...  
Keyword(s):  
Empirical Study ◽  
Case Law ◽  
Reciprocal Relationship ◽  
Court Decisions ◽  
Private Law ◽  
Mixed Result ◽  
Supreme Courts ◽  
Domestic Courts ◽  
Ease Of Access ◽  
The Eu

Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts responsible for matters of private law in the EU from 2000 to 2018. It addresses two main questions: first, to what extent do judges cite foreign case law in their decisions? Second, what may explain the varying levels of engagement of supreme courts with foreign case law? Our findings offer a mixed result as to the nature and frequency of such cross-citations. Overall, we identify 2984 cross-citations; yet, only in few instances do we find a reciprocal relationship between the supreme courts of two countries, while more generally an asymmetric picture emerges. The article also discusses whether problems with the ease of access to court decisions may partly be responsible for limitations in the use of cross-citations.

The vaccination rate among children with nonprogressive neurodevelopmental disorders in Bosnia and Herzegovina: A single centre experience

2021 ◽  
pp. 1-8
Author(s):  
Helena Karlovic ◽  
Damir Franjic ◽  
Jurica Arapovic
Keyword(s):  
Bosnia And Herzegovina ◽  
Neurodevelopmental Disorders ◽  
Healthcare Professionals ◽  
Vaccination Rate ◽  
Common Source ◽  
Single Centre ◽  
Single Centre Experience ◽  
The Media ◽  
The University ◽  
Source Of Information

PURPOSE: The aim of this study is to determine the factors influencing the decrease of the vaccination rate among children with nonprogressive neurodevelopmental disorders in Bosnia and Herzegovina. METHODS: This study included 149 parents of children with nonprogressive neurodevelopmental disorders. The children were rehabilitated at the University Clinical Hospital Mostar, from October 2017 to February 2019. RESULTS: The vaccination rate of children with nonprogressive neurodevelopmental disorders was 34.9%(P <  0.001). Based on the results of this study, physicians were the most common source of information on vaccines and vaccination procedures for parents (70.3%), whereas the media was rarely used as the source of the information (33%) (P <  0.001). Of the cases, 58.4%accepted the opinion of the pediatrician (P = 0.041). The vaccination of children was postponed on the physician’s recommendation in 87.6%of the cases (P <  0.001). Among healthcare professionals, neuropediatricians or neurophysiatrists (P = 0.023), together with pediatricians (P <  0.001), most often suggested postponing the vaccination. CONCLUSION: Overall, this study showed that the majority of children with nonprogressive neurodevelopmental disorders were unvaccinated. The majority of the parents trusted the physicians’ opinion on vaccination. Neuropediatricians and neurophysiatrists most often postponed the regular vaccination of children.

scholarly journals MEDIA REPORTING AND COMMUNICATION IN CRISIS SITUATIONS: A CASE STUDY OF A REFUGEE CRISIS IN B&H

2021 ◽  
Vol 11 (2) ◽  
pp. 73-85
Author(s):  
Suada A. Dzogovic ◽  
◽  
Vehbi Miftari ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Special Focus ◽  
Self Identity ◽  
South Eastern Europe ◽  
Communication Challenges ◽  
The Media ◽  
The Subject ◽  
Migration Crisis

The topic of this article presents communication challenges and the role of the media in constructing an image of migrants and refugees as “the others” in our societies today. The article analyses the migrant situation in South-Eastern Europe, specifically in migration crisis in Bosnia and Herzegovina that has been going on since 2018. The aim is to present the basic aspects of this issue and offer answers to key questions - who are migrants and refugees, what’s their own identity, from which countries do they come, how do they cross the border, where do they go, what is the state’s attitude towards them, what forms and channels of communication the state and other stakeholders use toward them, who cares for them, what do they preserve from their national, cultural and/or language identities and how do they construct self-identity and confront with the “hosting identities”, who donates funds for migration management and how they are managed? Also, a special focus of the research will be on the human rights of migrants and refugees in Bosnia and Herzegovina, which is the subject of various discussions - both within the country itself and among various humanitarian, governmental and non-governmental international organizations in the EU and beyond.

Counterfactual Reasoning and Expropriation Compensation: An Argument for Elimination of Elimination Rules

2016 ◽  
Vol 2016 (3) ◽  
Author(s):  
Sjur K Dyrkolbotn
Keyword(s):  
Legal Reasoning ◽  
Counterfactual Thinking ◽  
Case Law ◽  
Property Value ◽  
Counterfactual Reasoning ◽  
England And Wales ◽  
Legal Professionals ◽  
Unique Mode ◽  
The Law ◽  
Law And Legislation

AbstractTo award compensation for expropriated property, it is usually necessary to determine what the value of the property would have been if there had been no expropriation. This requires counterfactual thinking, a form of “make-believe” reasoning that legal professionals and valuators often find difficult to apply. The challenge becomes particularly difficult and important when the scheme underlying expropriation influences the value of the property that is taken. In such situations, rules developed in case law and legislation often attempt to clarify when aspects of property value should be attributed to the expropriation scheme and disregarded from further consideration. This article critically addresses elimination rules of this kind, arguing that they interfere with counterfactual assessments in ways that can render these assessments more difficult, less predictable, and more open to manipulation. To illustrate the overarching point, it is argued that recent proposals for reform in England and Wales, aiming to constrain the scope of contrary-to-fact elimination in expropriation cases, might not work as intended and could potentially make the situation worse. More broadly, the article argues that counterfactual reasoning in expropriation cases cannot be circumvented by legislative and casuistic interventions. Just as the law of tort, the law of expropriation compensation illustrates why counterfactual reasoning should be recognised as an irreducible and unique mode of legal reasoning, one that should be addressed as such by legal theorists and lawmakers alike.

Legal Skills

2021 ◽  
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Problem Solving ◽  
Oral Presentation ◽  
Full Range ◽  
Writing Skills ◽  
Legal Reasoning ◽  
Case Law ◽  
Final Part ◽  
Essay Writing ◽  
The Law ◽  
Book Covers

Legal Skills is structured in three parts, covering a full range of legal skills. The first part deals with sources of law and includes information on finding and using legislation, case law, books, journals, and official publications, making sure you understand where the law comes from, and how to use it. The second part covers academic legal skills and provides advice on study and writing skills, legal reasoning, referencing and avoiding plagiarism, essay writing, dissertations, problem solving, and revision and examinations. The final part of the book covers the practical legal skills of oral presentation, mooting, and negotiation.

Freedom of Religion in the Workplace

2021 ◽  
pp. 1-21
Author(s):  
Nedim Begović
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Case Law ◽  
Legal Framework ◽  
The State ◽  
European Convention ◽  
Freedom Of Religion ◽  
European Court

Abstract The article analyses the case law of the European Court of Human Rights on accommodation of Islamic observances in the workplace. The author argues that the Court has not hitherto provided adequate incentives to the states party to the European Convention on Human Rights to accommodate the religious needs of Muslim employees in the workplace. Given this finding, the author proposes that the accommodation of Islam in the workplace should, as a matter of priority, be provided within a national legal framework. In Bosnia and Herzegovina, this could be achieved through an instrument of contracting agreement between the state and the Islamic Community in Bosnia and Herzegovina.

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