Vučić, Mihajlo

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orcid::0000-0002-0064-4987
  • Vučić, Mihajlo (4)
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Author's Bibliography

When law enters history: Prohibition of crime negationism and its limits in international law

Vučić, Mihajlo

(2021)

TY  - JOUR
AU  - Vučić, Mihajlo
PY  - 2021
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/1808
AB  - The topic of this article is the interaction between the freedom of expression and the memorial laws concerning historical crimes. The author offers an analysis of the phenomenon of negationism through the prism of international law. The article is based on two interrelated hypotheses. The first is that the prohibition of negationism has a legal foundation in international law only if accompanied by the ability to incite hatred or violence. For this purpose, international and regional European standards on negationism are analyzed. The second hypothesis is that in the practice of implementation of memorial laws, the border between hate speech and legitimate historical denialism becomes blurred. This fact might lead to excessive encroachment upon the freedom of expression. The author offers an analysis of the practice of the European Court of Human Rights as a referential framework for the application of memorial laws in practice aimed at evading these excesses.
T2  - Anali Pravnog fakulteta u Beogradu
T1  - When law enters history: Prohibition of crime negationism and its limits in international law
EP  - 874
IS  - 4
SP  - 845
VL  - 69
DO  - 10.51204/Anali_PFBU_21407A
UR  - conv_3372
ER  - 
@article{
author = "Vučić, Mihajlo",
year = "2021",
abstract = "The topic of this article is the interaction between the freedom of expression and the memorial laws concerning historical crimes. The author offers an analysis of the phenomenon of negationism through the prism of international law. The article is based on two interrelated hypotheses. The first is that the prohibition of negationism has a legal foundation in international law only if accompanied by the ability to incite hatred or violence. For this purpose, international and regional European standards on negationism are analyzed. The second hypothesis is that in the practice of implementation of memorial laws, the border between hate speech and legitimate historical denialism becomes blurred. This fact might lead to excessive encroachment upon the freedom of expression. The author offers an analysis of the practice of the European Court of Human Rights as a referential framework for the application of memorial laws in practice aimed at evading these excesses.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "When law enters history: Prohibition of crime negationism and its limits in international law",
pages = "874-845",
number = "4",
volume = "69",
doi = "10.51204/Anali_PFBU_21407A",
url = "conv_3372"
}
Vučić, M.. (2021). When law enters history: Prohibition of crime negationism and its limits in international law. in Anali Pravnog fakulteta u Beogradu, 69(4), 845-874.
https://doi.org/10.51204/Anali_PFBU_21407A
conv_3372
Vučić M. When law enters history: Prohibition of crime negationism and its limits in international law. in Anali Pravnog fakulteta u Beogradu. 2021;69(4):845-874.
doi:10.51204/Anali_PFBU_21407A
conv_3372 .
Vučić, Mihajlo, "When law enters history: Prohibition of crime negationism and its limits in international law" in Anali Pravnog fakulteta u Beogradu, 69, no. 4 (2021):845-874,
https://doi.org/10.51204/Anali_PFBU_21407A .,
conv_3372 .
3

Access to water in the context of the international watercourse: A theory of the community of interest

Vučić, Mihajlo

(2019)

TY  - JOUR
AU  - Vučić, Mihajlo
PY  - 2019
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/1742
AB  - Securing free and equal access to water for individuals is foremost an objective of international water law. This article analyses the community of interest theoretical framework for the creation and implementation of rules that can achieve this objective. This theory is in line with the natural unity of the watercourse that traverses political borders between states. However, legal doctrine is not unanimous concerning its practical value, state practices largely evade it, and case law only provides declarative support without indicating precise contents of community rights and obligations. It seems that practical application of the community of interest theory is only possible through meticulous and systematic application of positive legal rules based on limited territorial sovereignty theory, in the spirit of joint management and use of common water resources.
T2  - Anali Pravnog fakulteta u Beogradu
T1  - Access to water in the context of the international watercourse: A theory of the community of interest
EP  - 94
IS  - 3
SP  - 73
VL  - 67
DO  - 10.5937/AnaliPFB1903077V
UR  - conv_3295_6
ER  - 
@article{
author = "Vučić, Mihajlo",
year = "2019",
abstract = "Securing free and equal access to water for individuals is foremost an objective of international water law. This article analyses the community of interest theoretical framework for the creation and implementation of rules that can achieve this objective. This theory is in line with the natural unity of the watercourse that traverses political borders between states. However, legal doctrine is not unanimous concerning its practical value, state practices largely evade it, and case law only provides declarative support without indicating precise contents of community rights and obligations. It seems that practical application of the community of interest theory is only possible through meticulous and systematic application of positive legal rules based on limited territorial sovereignty theory, in the spirit of joint management and use of common water resources.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Access to water in the context of the international watercourse: A theory of the community of interest",
pages = "94-73",
number = "3",
volume = "67",
doi = "10.5937/AnaliPFB1903077V",
url = "conv_3295_6"
}
Vučić, M.. (2019). Access to water in the context of the international watercourse: A theory of the community of interest. in Anali Pravnog fakulteta u Beogradu, 67(3), 73-94.
https://doi.org/10.5937/AnaliPFB1903077V
conv_3295_6
Vučić M. Access to water in the context of the international watercourse: A theory of the community of interest. in Anali Pravnog fakulteta u Beogradu. 2019;67(3):73-94.
doi:10.5937/AnaliPFB1903077V
conv_3295_6 .
Vučić, Mihajlo, "Access to water in the context of the international watercourse: A theory of the community of interest" in Anali Pravnog fakulteta u Beogradu, 67, no. 3 (2019):73-94,
https://doi.org/10.5937/AnaliPFB1903077V .,
conv_3295_6 .
1

Binding effect of provisional measures as an inherent judicial power: An example of cross-fertilization

Vučić, Mihajlo

(2018)

TY  - JOUR
AU  - Vučić, Mihajlo
PY  - 2018
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/1732
AB  - The inherent powers of international courts and tribunals are a necessary consequence of properly exercising judicial functions in the context of a legal system lacking a central legislative power, setting the limits of these functions through firm legal rules. The power to grant binding provisional measures is the most extreme example of international judiciary reaching for inherent powers, since this process disregards ordinary textual interpretations of judicial statutes. At the same time, this process is an example of cross-fertilization between different judicial regimes in international law, where tribunals for the law of the sea influence general international courts, which in turn influence investment and human rights tribunals. The limits to these inherent powers must provide that state consent, as the central tenet of international legal order, remains unaffected. The fact that this practice has not met with resistance from states indicates that international courts and tribunals have assumed this inherent power with propriety and logic.
T2  - Anali Pravnog fakulteta u Beogradu
T1  - Binding effect of provisional measures as an inherent judicial power: An example of cross-fertilization
EP  - 142
IS  - 4
SP  - 127
VL  - 66
DO  - 10.5937/AnaliPFB1804127V
UR  - conv_3280
ER  - 
@article{
author = "Vučić, Mihajlo",
year = "2018",
abstract = "The inherent powers of international courts and tribunals are a necessary consequence of properly exercising judicial functions in the context of a legal system lacking a central legislative power, setting the limits of these functions through firm legal rules. The power to grant binding provisional measures is the most extreme example of international judiciary reaching for inherent powers, since this process disregards ordinary textual interpretations of judicial statutes. At the same time, this process is an example of cross-fertilization between different judicial regimes in international law, where tribunals for the law of the sea influence general international courts, which in turn influence investment and human rights tribunals. The limits to these inherent powers must provide that state consent, as the central tenet of international legal order, remains unaffected. The fact that this practice has not met with resistance from states indicates that international courts and tribunals have assumed this inherent power with propriety and logic.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Binding effect of provisional measures as an inherent judicial power: An example of cross-fertilization",
pages = "142-127",
number = "4",
volume = "66",
doi = "10.5937/AnaliPFB1804127V",
url = "conv_3280"
}
Vučić, M.. (2018). Binding effect of provisional measures as an inherent judicial power: An example of cross-fertilization. in Anali Pravnog fakulteta u Beogradu, 66(4), 127-142.
https://doi.org/10.5937/AnaliPFB1804127V
conv_3280
Vučić M. Binding effect of provisional measures as an inherent judicial power: An example of cross-fertilization. in Anali Pravnog fakulteta u Beogradu. 2018;66(4):127-142.
doi:10.5937/AnaliPFB1804127V
conv_3280 .
Vučić, Mihajlo, "Binding effect of provisional measures as an inherent judicial power: An example of cross-fertilization" in Anali Pravnog fakulteta u Beogradu, 66, no. 4 (2018):127-142,
https://doi.org/10.5937/AnaliPFB1804127V .,
conv_3280 .
1

Silala basin dispute: Implications for the interpretation of the concept of international watercourse

Vučić, Mihajlo

(2017)

TY  - JOUR
AU  - Vučić, Mihajlo
PY  - 2017
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/1699
AB  - This article deals with the concept of the international watercourse and legal rules that regulate management of shared water resources. It is prompted by the current dispute before the International Court of Justice (ICJ) which raises the question of what is exactly the purpose of these rules and what should be the object of their protection. The interpretation of customary international law in this field points to the conclusion that even an artificially created international watercourse does not preclude the application of international law.
T2  - Anali Pravnog fakulteta u Beogradu
T1  - Silala basin dispute: Implications for the interpretation of the concept of international watercourse
EP  - 111
IS  - 4
SP  - 91
VL  - 65
DO  - 10.5937/AnaliPFB1704091V
UR  - conv_3248
ER  - 
@article{
author = "Vučić, Mihajlo",
year = "2017",
abstract = "This article deals with the concept of the international watercourse and legal rules that regulate management of shared water resources. It is prompted by the current dispute before the International Court of Justice (ICJ) which raises the question of what is exactly the purpose of these rules and what should be the object of their protection. The interpretation of customary international law in this field points to the conclusion that even an artificially created international watercourse does not preclude the application of international law.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Silala basin dispute: Implications for the interpretation of the concept of international watercourse",
pages = "111-91",
number = "4",
volume = "65",
doi = "10.5937/AnaliPFB1704091V",
url = "conv_3248"
}
Vučić, M.. (2017). Silala basin dispute: Implications for the interpretation of the concept of international watercourse. in Anali Pravnog fakulteta u Beogradu, 65(4), 91-111.
https://doi.org/10.5937/AnaliPFB1704091V
conv_3248
Vučić M. Silala basin dispute: Implications for the interpretation of the concept of international watercourse. in Anali Pravnog fakulteta u Beogradu. 2017;65(4):91-111.
doi:10.5937/AnaliPFB1704091V
conv_3248 .
Vučić, Mihajlo, "Silala basin dispute: Implications for the interpretation of the concept of international watercourse" in Anali Pravnog fakulteta u Beogradu, 65, no. 4 (2017):91-111,
https://doi.org/10.5937/AnaliPFB1704091V .,
conv_3248 .
6