Eudaimonia - Journal for Legal, Political and Social Theory and Philosophy

THE JUSTIFICATION OF MEASURES FOR HELPING CITIZENS DURING THE COVID-19 PANDEMIC FROM THE POINT OF VIEW OF SOCIAL POLICY IN SERBIA

2023-12-15T23:55:13+01:00

In this paper, we analyze the justification of measures for helping citizens during the COVID-19 virus pandemic in Serbia from 2020 to 2022 from the point of view of social policies. There is no agreement in the domestic literature as to whether these measures contributed to the reduction of poverty and social exclusion, as well as to decrease the social inequalities in Serbia. The conclusion of the paper is that the measures were not justified from the point of view of social policies and that they did not contribute either to the permanent reduction of poverty and social exclusion or to social inequalities. Greater results could have been achieved with targeted measures intended only for certain categories of the population, as in the comparative countries. Although three years have passed since the beginning of the pandemic, dealing with this topic is of particular importance because it provides guidelines for solving global crises in the context of the future.

THE RIGHT TO ASSOCIATE IN TRADE UNIONS IN THE PRACTICE OF THE COMMITTEE ON FREEDOM OF ASSOCIATION OF THE INTERNATIONAL LABOUR ORGANIZATION

2023-12-15T23:55:13+01:00

The author, in the paper, points out the importance of the practice of the Committee of Association of the International Labour Organization, which is the cornerstone of modern collective labor law. The recommendations of the Committee regarding the realization and protection of trade union freedoms greatly influenced the adoption and amendment of legal regulations in a large number of countries, which were not in accordance with the ratified Conventions no. 87 on freedom of association and protection of the right to organize, as well as Convention no. 98 on the right to organize and collective bargaining, and where in practice there were restrictions and impediments to the enjoyment of trade union freedoms.

In the first part of the paper, the author deals with the right to union association and its guarantees in the legal instruments of the International Labour Organization. Furthermore, the paper analyzes the establishment, composition and jurisdiction of the Committee of Association of the International Labour Organization, while special attention is paid to the procedure before the Committee itself. The central part of the paper refers to the practice and opinions of the Committee, while in the last part of the paper, the author deals with protection against anti-union discrimination.

THE NOTION AND PRACTICE OF EMERGENCY ARBITRATION

2023-12-15T23:55:13+01:00

The topic of this paper is the concept of emergency arbitration in theory and practice, its nature, development, and procedural intricacies. The author lays out a comprehensive comparable analysis of various institutional rules on emergency interim measures, followed by a discussion on the status of emergency arbitrators, due process concerns, and enforceability of decisions rendered in this process. Finally, the author touches upon the local perspective as well, evaluating existing rules on interim measures and contemplating the potential introduction of the emergency arbitration mechanism in Serbia.

DISCRIMINATION OF THE RUSSIAN NATIONAL MINORITY AS A BASIS FOR WAR IN UKRAINE

2023-12-15T23:55:12+01:00

The paper examines the validity of the arguments used to justify the war in Ukraine. It starts from the discourse that supports the war. In Vladimir Putin’s speeches, the genocide against the Russians in Ukraine and the disrespect of the people’s right to self-determination are cited as a justification for the start of the conflict. The paper then points out the international legal framework of warfare, specifically under what conditions armed conflict is allowed, as well as what is the right of the people to self-determination and what are its limitations. The fourth part analyzes the reports dedicated to Ukraine by international monitoring bodies – the European Commission against Racism and Intolerance and the Advisory Committee under the Framework Convention for the Protection of the Rights of Members of National Minorities. By critically reviewing the arguments that appear in that conflict, this paper enables a comprehensive understanding of the degree of their compliance with international law. The paper ends with the conclusion that the degree of discrimination against ethnic Russians in Ukraine is not sufficient for the application of the concept of remedial secession and that the Russian military intervention in Ukraine is a violation of international provisions on the use of force.