Zlatan Meškić | University of Zenica (original) (raw)

Papers by Zlatan Meškić

The Joint Reader was developed by the Ludwig Boltzmann Institute of Human Rights and the South Ea... more The Joint Reader was developed by the Ludwig Boltzmann Institute of Human Rights and the South East European Law Schools Network within the project „Legal Protection against Discrimination in South-East Europe” supported by German Cooperation and implemented by Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ). It is based on the lectures held during the Winter School that was implemented at the Law Faculty of the University of Belgrade in January 2018. The Winter School provided students with an overview about the concepts, forms, areas and grounds of discrimination defined at international and European level, from a comparative perspective of South- Eastern European countries. Students gained insights into protection mechanisms against discrimination, procedural aspects of discrimination cases and possible remedies for persons affected by discrimination. They also got the opportunity to actively involve themselves in discussions and workshops aiming at the practical ap...

Edward Elgar Publishing eBooks, Sep 1, 2017

INTRODUCTION In the 1950s and 1960s, former Yugoslavia entered into bilateral treaties on legal a... more INTRODUCTION In the 1950s and 1960s, former Yugoslavia entered into bilateral treaties on legal assistance with Austria (Treaty 3), Bulgaria (Treaty 22), Czechoslovakia (Treaty 13), Hungary (Treaty 25), Poland (Treaty 26) and Romania (Treaty 27). Today these treaties are in force between the four successor countries of Yugoslavia – i.e. Serbia, Bosnia and Herzegovina (henceforth: B&H), North Macedonia (henceforth: Macedonia) and Montenegro – and all the abovementioned European countries, which in the meantime have become EU Member States (in the case of Czechoslovakia, the Czech Republic and Slovakia as its successors). Each of these bilateral treaties contains the conflict-of-laws rules and procedural rules on succession that take precedence over, respectively, the rules of the Succession Regulation (Article 75(1)) in the contracting parties that are now EU Member States and the national private international law (PIL) rules in the four successor countries of former Yugoslavia that are not EU members. As these rules are based on the principle of nationality and the principle of the location of the estate, they are completely incompatible with the rules of the Succession Regulation and are, therefore, undesirable in the EU Member States. From the perspective of the successor countries of former Yugoslavia, a general assessment of the rules on succession contained in bilateral treaties cannot be given, mainly because international succession law is not consistently regulated in the successor countries: the rules of Serbian, B&H and Macedonian international succession law are based on traditional principles that correspond to those of the bilateral treaties, while the rules of Montenegrin international succession law follow the principles contained in the Succession Regulation. In order to make a proper assessment, it is first necessary to make a few remarks on the conflict-of-laws and procedural rules on succession in Serbia, B&H, Macedonia and Montenegro and then to look into the conflict-of-laws regimes and the procedural rules of the bilateral treaties in detail. A FEW REMARKS ON NATIONAL PRIVATE INTERNATIONAL LAW RULES IN SUCCESSION MATTERS SERBIA AND BOSNIA AND HERZEGOVINA The main legal source of private international law in Serbia and B&H is the Act on Resolution of Conflict of Laws with Regulations of Other Countries (henceforth: PIL Act), which was enacted in 1982 in the former Socialist Federal Republic of Yugoslavia (henceforth: SFRY) and is, with minor amendments, still in force today in both countries.

Access to justice in Eastern Europe, Apr 5, 2023

ZEuS. Zeitschrift für europarechtliche Studien, 2022

IOP Conference Series: Earth and Environmental Science

The 2030 Agenda for Sustainable Development builds upon the Millennium Development Goals while at... more The 2030 Agenda for Sustainable Development builds upon the Millennium Development Goals while at the same time reaffirming the conclusions of the leading instruments in the field of human rights and international law. The 17 integrated and indivisible sustainable development goals (SDGs) require innovation through digitalization and legal activities. Digitalization and new technologies are crucial for SDG 8, 9, and 16. SDG 16: Peace, justice, and strong institutions directly focus on law. While SDG 16 does not directly mention it, digitalization is essential in achieving its specific targets. Examples include concepts of e-government (including data protection and public access to information), e-commerce, equal access to dispute resolution mechanisms in cyberspace, and enforcement of non-discriminatory laws for sustainable development. The right to a healthy and sustainable environment encompasses economic, social, and environmental aspects that SDGs capture. To achieve these goal...

Encyclopedia of Private International Law, 2017

University of Pittsburgh Law Review, 2021

Over the last four decades, producers of durable goods recognized the role of services as a tool ... more Over the last four decades, producers of durable goods recognized the role of services as a tool to increase their competitiveness and achieve long-term growth. Consequently, the producers began to integrate services into their products to satisfy their customers' needs, a process known as servitization. Since its introduction in the late 1980s, servitization received practical affirmations and focused on diverse and interdisciplinary research. Nevertheless, legal aspects and considerations, particularly those concerning contracts, are remarkably scarce. This is surprising since challenges in the transition to product-service integration call for a framework that ensures predictability and certainty on the one hand while enabling proactive contract design and management on the other. We aim to fill this gap by examining the application of the UN Convention on Contracts for the International Sale of Goods (the "CISG") on servitized business-to-business ("B2B") contracts.

Fondacija Centar za javno pravo, 2012

SSRN Electronic Journal, 2020

Balkan Yearbook of European and International Law, 2020

Balkans Yearbook of European and International Law publishes peer-reviewed scholarly articles, no... more Balkans Yearbook of European and International Law publishes peer-reviewed scholarly articles, notes, comments and book reviews on private and public European and International Law. The yearbook contains summaries and analyses of recent decisions by national and international courts and arbitral or other tribunals. The yearbook has one section with a special hot topic or focus as well as sections about European and international law in each volume. Moreover, it presents book reviews to recent publications from the region or with a major impact for the region. The yearbook focuses on recent developments of European and International Law and presents a forum for scholarly discourse on European and International Law from the perspective of the region of SouthEast Europe. However, the publication is not exclusive in that regard: contributions from the perspective of the wider world are also strongly encouraged and welcomed.

1. Pravni izvori od značaja za analizu Prije implementacije Direktive 93/13 u pravni sistem Bosne... more 1. Pravni izvori od značaja za analizu Prije implementacije Direktive 93/13 u pravni sistem Bosne i Hercegovine, opšti uslovi ugo-vora bili su regulisani jugoslovenskim Zakonom o obligacionim odnosima (ZOO) iz 1978 104 . godine. Članovi 142.-144. jugoslovenskog ZOO pružali su zaštitu za ugovornu starnu koja nije odredila ugo-vorne uslove, smatrajući opšte ugovorne uslove obavezujućim samo ukoliko je ta ugovorna strana u trenutku zaključenja ugovora bila upoznata ili morala biti upoznata sa njihovim sadržajem, zatim ukoliko njihova odredba prođe test poštenosti i samo u mjeri u kojoj taj opšti ugovorni uslov nije u sukobu sa individualno dogovorenom odredbom. Zaštita koju je pružao jugoslovenski ZOO pri-mjenjivala se na unaprijed dogovorene ugovorne odredbe u svim vrstama ugovornih odnosa (na B2C, B2B, B2P i P2P ugovore). Nadalje, nejasne odredbe se u skladu sa čl. 100. jugoslovenskog ZOO tumače u korist ugovorne strane koja ih nije unaprijed formulisala ili predložila. Od raspada SF...

The need for a general part of EU consumer contract law has been continuously increasing with the... more The need for a general part of EU consumer contract law has been continuously increasing with the adoption of every new consumer directive for more than the last two decades. The Com-mission responded with the initiative for a horizontal directive in the Green Paper on the Review of the Consumer Acquis. The Commission suggested in its proposal that the structure of the new horizontal instrument should have one general part containing provisions on all types of contracts. Since the scope of application as well as the content of the adopted Directive on Consumer Rights of 2011 are more modest than originally announced, the development of the general part is still at an early stage. However, the new Directive provides a good basis for further development of the general part of EU consumer contract law. Thereby, the parallel development of general provisions of EU consumer contract law in other new legal instruments, namely the Draft Common Frame of Reference, the Proposal for a Regulat...

Potrošačko pravo na raskid ugovora je najvažniji pravni instrument potrošača kojim se on oslobađa... more Potrošačko pravo na raskid ugovora je najvažniji pravni instrument potrošača kojim se on oslobađa od svih obaveza iz ugovora bez ikakvog obrazloženja. Potrošačima se tako omogućava da naknadnom preradom svih informacija vezanih za ugovor nadoknade informacioni i iskustveni deficit, koji postoji u odnosu na poduzetnika kao druge ugovorne strane, unutar datog roka za raskid ugovora, a izvan uticaja poduzetnika. Dok se na ovaj način potrošačima daje prilika da razmisle i da se eventualno predomisle, za poduzetnike i treća lica to je faktor smetnje i nesigurnosti, jer do isteka roka za raskid ugovora nije jasno da li će ugovor ostati punovažan. Potrošačko pravo na raskid ugovora uvedeno je u pravo BiH putem usklađivanja sa pravom EU i sada se može pronaći kako u Zakonu o zaštiti potrošača tako i u Nacrtu i Prijedlogu Zakona o obligacionim odnosima. U slijedećem radu biće predstavljene osnovne karakteristike prava potrošača na raskid, njegov trenutni razvoj u Pravu EU, naročito u Direkti...