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Adalékok Újlak egyházi kincseinek és privilégiumának sorsához (1528)
Contributions to our knowledge of the transfer of the church treasures and borough charter of Újlak (1528)
The significant medieval town Újlak (today: Ilok, Croatia) located in the southern part of the Kingdom of Hungary was successfully besieged by the Ottomans in 1526. However, its several church treasures (paraments, liturgical objects) together with the richly decorated borough charter of the town (1525–26, today in Vienna) were transferred to Nagyszombat (Trnava, Slovakia) and later to Vienna. The paper examines the transfer of the various objects based on inventories and letters of 1528.
The Hungarian War of Independence was widely reported in the American press. Kossuth hoped to bring about a fundamental change in U.S. foreign policy: to convince the country that the time came for taking an active role in international affairs. Sixty-six years later, the U.S. came to act exactly along the lines advocated by Kossuth. Ninety years later the Atlantic Charter came to embody the very principles first expressed by the Hungarian leader.
Pápai Bulla a Középkori Bánhegyes Falu Területéről
A Lead Papal Bulla from Medieval Bánhegyes (Magyarbánhegyes, Hungary)
A pápai oklevelek kettőspecsétjei jellemzően levéltárakban maradtak fenn, régészeti leletként ritkán kerülnek elő. A tanulmány a 2019 novemberében, a középkori Bánhegyes falu (ma: Békés megye, Magyarbánhegyes) területén fémkeresős kutatás során előkerült pápai ólombulla jellemzőit, történeti hátterét, ismert hazai és nemzetközi párhuzamait mutatja be.
The bullae of papal charters are typically preserved in archives and only rarely are they brought to light as archaeological finds. Presented here is the papal lead bulla discovered in the medieval village of Bánhegyes (modern Magyarbánhegyes, County Békés) in November 2019 during a metal detecting survey, alongside a discussion of its historical background and its currently known parallels from Hungary and other regions.
This article aims to reconsider the controversial issue of the lawfulness of unauthorised humanitarian intervention. After providing a definition of humanitarian intervention and outlining its legality under contemporary international law, it examines the most common arguments raised in the literature for the purpose of justifying unilateral humanitarian intervention. The analysis covers such topics as the powers of the UN General Assembly to pass resolutions on the use of force, the theories on implicit or ex post facto authorisations by the Security Council, the text of the UN Charter, customary international law, as well as an alleged conflict of peremptory norms of international law.
Europe is not only the land of origin, but also the principal keeper of social rights, since it is associated with the concept of Europeanism. The obvious social restrictions in Hungary as well as in other countries of Europe in recent years make it absolutely reasonable to examine to what social-economic context the discernible withdrawal of welfare services provided by the state is attributable. The similar manifestations are supported by no means by the same system of social conditions. As to its basis and dating back to its historical origin, the current social policy of the EU is framed in the spirit of the conceptual system of the social state. The Fundamental Rights Charter (just as the “European Constitution Treaty”, as part of which it may become mandatory) does not reflect either the labour society or Europe of the peoples, but the conceptions of the capital, of political classes and eurocracy. Nevertheless: considering the power relations of global capitalism, we need to appreciate as an apparent actuality that in the midst of these relations the charter insists not only on the requirement of European unity, but also on a modernised version of the social conceptual system. The purpose of this treatise has been to highlight that social objectives cannot be treated as isolated from their economic and social context. We should not risk balance by the maintenance and preservation of a social-organisational framework via overspending, which altogether contradicts the possibility of development and the sustainability of equilibrated development.
The concept of humanitarian intervention evolved as a subset of laws that govern the use of force and now, it occupies an institutional position alongside Security Council authorization and self-defense as a legitimate and legal reason for war. Humanitarian intervention and use of force both are highly controversial yet widely accepted. This paper will evaluate whether humanitarian intervention is legitimate under international law. Humanitarian intervention contradicts the United Nations Charter but state practice developments since the Second World War have made it legitimate under a number of circumstances. Those who have argued for its legitimacy cite international norms and state practice to support the assertion that the provision for military aggression is no longer what is enshrined in the UN Charter. The debate on the legality of humanitarian intervention indicates that it could either be legitimate or illegitimate depending on how one comprehends the construction, changing and representation of international law. It is certain that there are no definite answers to these questions. This uncertainty is now fundamental since the legitimacy of humanitarian intervention is indeterminate. Discussions over this law have not solved this puzzle. It remains legal and illegal at the same time, with recent cases not withstanding depending with the circumstances. This paper evaluates the repercussions of this finding for the sake of the rule of law in world politics. The paper suggests that customary prominence that scholars place on compliance with international law is misplaced. The power of international law from scholars’ point of view comes from its capacity to shape the terrain for balance of political power in international relations rather than differentiating rule followers and rule breakers. International law should be perceived as a resource for state use rather than a fixed standard of evaluating behavior.
integrity , Conservation of Historic Stone Building and Monuments , National Academy Press , Washington DC , 1982 . [10] ICOMOS Charter, International Charter for the Conservation and Restoration of Monuments and
The social structure of the 8th c. Bavaria reveals a highly dynamic picture: by the age of the last two ruling dukes of the Agilolfing dynasty, Odilo and Tassilo III, a system of personal statuses had crystallised that can be reconstructed from legal sources and charters, on the one hand; and the development of Bavarian nobility and the manifestation of this process in legislation can be dated to this period, on the other. After outlining the political/historical background (I.); this paper intends to give an in-depth investigation of this issue: following comments on the concept of libertas , the legal status of freemen (liberi) and servants (servi) will be looked at in the mirror of Lex Baiuvariorum (II); then, the relation between the duke and ancient Bavarian genealogiae , the development of the layer of the adalscalhae , the birth of the Bavarian order of nobles and its appearance in the resolutions of the Council of Dingolfing, and the issue of Bavarian counties prior to the Carolingians seizing power will be exposed relying on legal and literary sources (III).
This article analyses the way of the French Constitutional Council, starting with its famous Association decision in 1971, transformed a brief reference to historical declarations of rights in the thin Preamble of the current French constitution (adopted in 1958) into a wide-ranging judge-made catalogue of fundamental rights. This, combined with two important reforms of the procedure for submissions of statutes to the Constitutional Council for review (in 1974 and 2008), are gradually establishing the Constitutional Council as an important actor in the legislative process and a central body for the protection of human rights in France. The article also briefly explores the scope and limits of this protection. It then discusses recent proposals for amending the Preamble. It analyses the only amendment so far, namely the inclusion of a reference to the Charter for the Environment, which aimed at providing a constitutional basis for the protection of environment, as well as other controversial suggestions, such as those aiming at enabling positive discrimination measures towards minorities, the guarantee of media pluralism, the protection of privacy and personal data and the respect of human dignity. It concludes on the use and misuses of comparative law for constitutional reforms.
The preambles are used in the Czech legal system during the last twenty years rather rarely. Nonetheless, constitutions in the Czechoslovak history as in the Czech history are traditionally introduced by the preambles. As the Czech constitutional system inclines to consist of more constitutional legal acts at the supreme level of the interior legal system, we can found two constitutional preambles in the recent Czech constitutional system. Both top constitutional acts-the Constitution and the Charter of Fundamental Rights and Basic Freedoms are preceded by their own preamble. The preambles differ as they are focused on different part of constitutional issues. Despite of this obvious fact they are built-up on some features, which are common to both of them. The preambles are characterized by a modest form-their purpose is to explain, why the new chapter of the legal development is opened, and to offer us a common starting line. Nonetheless, they also keep to us a freedom of movement in the new legal period. Their main goal is to connect the people, not to divide, if the constitutional act, which is introduced by them, should be an expression of the common national will.
