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1

RIGHTS OF PERSONS BELONGING TO THE NATIONAL MINORITIES IN INTERNATIONAL LAW

100%
Smihula D.
Polish Yearbook of International Law
|
2008
|
vol. 28
95-136
EN
Throughout its historic development, the stress put in international law on the protection of national minorities has been stronger or weaker depending upon the momentary interest of states. In (general) international law, the term 'national minority' has not yet been legally defined. Such a definition has been formulated only for Europe. This article explores these historical developments and attempts to explain the current differences in the definition in various tribunals and jurisdictions. In this context it also compares the systems of protection of national minorities at the international and European level.
2

CZECH AND SLOVAK 'ACTS ON MERITS' AS A JURISPRUDENTIAL PROBLEM (Ceske a slovenske 'zakony o zasluhach' ako teoretickopravny problem)

100%
Smihula D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2011
|
vol. 94
|
issue 3
290-309
EN
The article deals with the subject of Czech and Slovak 'Laws on Merits' that declare special merits of some historical personalities in the development of the Czech and Slovak nations. The author takes a critical attitude, because these acts do not fulfil basic criteria required from a legal regulation, because respect and recognition as explicitly subjective feelings cannot be imposed by a legal regulation and because legal regulations ordering to pay tribute to historical personalities are largely opposed to the principle of freedom of conscience, conviction and scientific research. The author proposes to abandon this practice and to use historically proven methods how state power can pay tribute to a personality (solemn declaration, erection of a memorial, etc.).
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