Pécs journal of international and European law

Editorial: In this issue

Editors — 2024-06-25

Constructive Absence: A Hungarian Maneuver or a New Instituton of EU Law?

Stjepan Novak — 2024-06-25

Violence against Women: Challenges in Fulfilling the 2030 Agenda for Sustainable Development and the Implementation of the 2011 Istanbul Convention in the Republic of Croatia

Sandra Fabijanić Gagro — 2024-06-25

Year 2024 marks the tenth anniversary of the entry into force of the Istanbul Convention on preventing and combating violence against women and domestic violence. At the same time, the world has just passed the halfway point in the implementation of the Sustainable Development Goals (SDGs), which are enshrined in the 2030 Agenda for Sustainable Development. By comparing the results of both instruments, this paper aims to highlight current trends in universal and national efforts to combat violence against women. Based on the premise that violence against women, is unfortunately, still pervasive and can occur anytime and anywhere, this paper addresses three main topics: 1) the fundamental challenges for strengthening gender equality and women’s empowerment in combating violence against women globally and the current results of the implementation of SDG 5; 2) the contribution of key international documents; and 3) the assessment of the implementation of the 2011 Istanbul Convention in the Republic of Croatia through the comments of the recent GREVIO report.

A comparison study of liability of the carrier in the International Conventions on the Carriage of Goods By Sea

Nguyen Thi Quynh — 2024-06-25

The introduction of the four conventions, namely the Hague Rules, Hague Visby Rules, Hamburg Rules, and Rotterdam Rules is to establish a uniform and harmonized regime governing the international carriage of goods by sea. The rules on the carrier’s liability are the central issues of these conventions which directly connect to the allocation of risks between the carrier and cargo interests. However, the solutions adopted in these Conventions are not likely to satisfy all parties in the international marine community and have faced various criticisms. This research will look at the liability of the carrier regime under these four Conventions. It will examine, by comparative analytical method, the regulation of carrier’s liability in the four Conventions and the similarities and differences between them. It concludes among other things that the Rotterdam Rules deal with the liability of carrier rules better than the older conventions.

Homo Digitalis in the EU and in Hungary

Judit Tóth — 2024-06-25

Digitization has such a complex impact on public and private life, fundamental rights, competitiveness and public services, of which the article only examines the implementation of the EU digital transformation in Hungary. In the context of digitalisation, a significant issue is that the criteria for technical-technological standardization and legislation following the principle of democratic constitutionality differ, so Homo Digitalis is born in the midst of these contradictions. Increasing economic and social competitiveness, strengthening the well-being and legal protection of citizens in the implementation of the decades- long Digital Citizenship programs are linked in the EU strategy documents, while creation of the digital world in Hungary differs to some extent: the provisions on digitization are set out in 996 legal sources in force (November 2023) but the development of the emerging institutional, service and public funding system is incoherent, it does not adapt to the real social needs, digital literacy of citizens and digital penetration. Based on government strategies, Digital Hungarians want the e-Administration, e-Payment system and e-Identification available on their mobile phone from comfort, as they are roaming in social media according to surveys. But in the background, the Hungarian path of digital transformation differs from the principles of EU Digital Citizenship, and the new Act on digital services, adopted in December 2023 without public debate, provides the fullest possible state control on citizens, serves to collect and sell their data, in addition to selectively strengthening the ICT corporate world in the country.

Fundamental Rights in the AFSJ: Strenthening or impediment?

Nguyen Thi Kim Cuc — 2024-06-25

The Area of Freedom, Security and Justice was created with the entry into force of the 1997 Amsterdam Treaty. This Area, ten years later, has been improved when the 2007 Lisbon Treaty amended the Treaty Establishing the European Community and renamed it the Treaty on the Functioning of the European Union. The Area of Freedom, Security and Justice (AFSJ) is an extensive field of law covering many policies and there is hence an increased risk for fundamen- tal rights violations. To describe the relevance of the protection of fundamen- tal rights within this Area as well as evaluate the effectiveness of fundamental rights, by using the polemic-critical method and analytical-logical method, this paper will focus on the scope of fundamental rights in some of the EU human rights instruments and the scope of these rights and freedoms in the AFSJ. As a result, this paper will answer the question related to the strengthening or imped- iment of fundamental rights as well as the balance between personal rights and collective interests such as security.

Christopher Whyte and Brian M. Mazanec: Understanding cyber warfare. Politics, Policy and Strategy. Second edition.

Mátyás Kiss — 2024-06-25