Student's Social Science Journal

LEGAL FRAMEWORK AND APPLICATION OF THE PROHIBITION ON COMPETITIVE ACTIONS IN THE EMPLOYMENT RELATIONSHIP

2025-08-19T08:14:23+00:00

The subject of analysis in this paper is the regulation of competitive action in Macedonian labor legislation through legal and contractual clauses, designed to protect the interests of both employers and employees. During the employment relations, a legal prohibition of competitive action is set. This restriction is not absolute and can be annulled if the employer gives its consent. After the termination of the employment relations, the employer and the employee can agree on a contractual prohibition of competition. This legal mechanism is in accordance with international standards, as well as the principles of fairness and balance in labor relations, which will not only ensure the protection of the interests of employers, but also the protection of the rights of employees.

AIR PASSENGER RIGHTS

2025-08-19T08:14:23+00:00

Air transport plays a vital role in global mobility, facilitating the movement of people and goods across continents. However, the complexity of air transport operations often leaves passengers vulnerable to various disruptions, including delays, cancellations, lost luggage, etc. As a result, the protection of passenger rights has become an essential aspect of air transport law. This paper explores the legal framework that regulates passenger rights, with particular focus on Macedonian, European, and international legal sources. The paper examines the rights and obligations of both airlines and passengers, analyzing key legal instruments such as the North Macedonian Aviation Law, EU Regulation 261/2004, the Montreal Convention, and the Chicago Convention. The focus of the research is in legal solutions , especially in the areas of: compensation, assistance and liability, as well as the legal bases for exempting airlines from liability. It also discusses contemporary trends in air transport, such as the rise of digital tools, sustainability efforts, and the development of insurance products, which are shaping the experiences and legal protections of passengers. Ultimately, the research aims to provide a comprehensive understanding of the legal protections available to air passengers and the challenges associated with enforcing these rights in a rapidly changing global aviation environment.

CONSENT TO ARBITRATE AS AN IMPLIED WAIVER OF IMMUNITY FROM EXECUTION IN THE CONTEXT OF THE ICSID CONVENTION

2025-08-19T08:14:23+00:00

The effectiveness of ICSID awards, were States to fail to comply with them, ultimately relies on the likelihood of their enforcement before domestic courts; an outcome that finds its main obstacle in the doctrine of immunity from execution, which shields foreign States' property from any kind of coercive attachment. Consequently, the theory of the implied waiver has been suggested as a solution to the problem in light of the Creighton case. After a preliminary framework of the ICSID enforcement system and a concise overview to contextualise the issue of immunity, the paper proposes an analysis of the mentioned theory throughout a breakdown of the leading objections raised against it. Accordingly, attention will be brought to the criticism maintaining that the proposed theory cannot find application within the context of the ICSID Convention, to the position holding that it was refuted by subsequent case-law, and, lastly, to the requirement that the waiver must be explicit, condition that appears to be incompatible with the theory of implied waiver.

THE BENEFITS OF INCOTERMS IN INTERNATIONAL TRADE OF GOODS

2025-08-19T08:14:24+00:00

Incoterms play a vital role in international trade, providing standardized guidelines that define the responsibilities of buyers and sellers in the transportation of goods. This paper explores the benefits of Incoterms in facilitating global trade by providing clarity, reducing risks, and promoting efficiency in the movement of goods across borders. By establishing clear delivery terms, risk allocation, and cost responsibilities, Incoterms help minimize misunderstandings, prevent disputes, and streamline logistics. The paper also examines how Incoterms is evolving to accommodate changing international trade dynamics, such as technological advances and new trade regulations. In addition, it highlights how businesses can use Incoterms to improve supply chain transparency and foster stronger commercial relationships. Through a comprehensive analysis, the paper highlights the importance of Incoterms as an essential tool for ensuring the smooth and secure exchange of goods in the global marketplace.

UNFAIR TERMS IN TRAVEL CONTRACTS

2025-08-19T08:14:24+00:00

The subject of this research is the unfair terms in contracts concluded between consumers and travel agencies. Unfair terms give rise to the need for consumer rights protection due to the violation of the principles of good faith and fairness in contract conclusion. These terms are integrated into the general terms and conditions of travel agencies and primarily serve the interests of the agencies, often to the detriment of the users of their services. The most common examples of unfair terms found in contracts with travel agencies include: limitation of the agency's liability, imposition of policies that exclude the possibility of refunds, as well as terms that allow unilateral changes to the conditions by the agency without consulting the consumer. This paper analyses the types and nature of unfair terms, their impact on consumers, and the legal provisions that regulate them. Through a comparative analysis of domestic and international legislation, the paper examines how consumers can be protected, with particular attention given to the role of international institutions in addressing this issue. Special focus is placed on the principles of unfair commercial practices in the provision of services offered by travel agencies. The aim is to highlight the problematic aspects of these contracts and propose measures to improve consumer rights, with an emphasis on the right to fair contractual terms and equality in the negotiation process preceding the conclusion of the contract. Additionally, this paper analyses unfair terms in the Anglo-Saxon and European legal systems, using a comparative method to explore the differences between them.

ANALYTICAL STUDY OF HATE CRIME MOTIVATED BY ETHNIC AFFILIATION IN THE REPUBLIC OF NORTH MACEDONIA DURING THE PERIOD 2018-2022

2025-08-19T08:14:24+00:00

This paper examines hate crimes motivated by ethnic affiliation in the Republic of North Macedonia during the period 2018–2022. The study relies on empirical data processed from reports by the Helsinki Committee for Human Rights, revealing that ethnic bias is the most prevalent motive behind hate crimes in the country. The findings indicate that such incidents predominantly involve young individuals from different ethnic backgrounds, primarily ethnic Macedonians and Albanians. Through quantitative analysis, the research identifies patterns of increase, stagnation, or decrease in hate crime occurrences, contextualized within broader social polarization and the institutional response. Furthermore, the paper addresses the normative legal framework and the role of law enforcement and the judiciary in tackling hate crimes, offering concrete recommendations for prevention, prosecution, and reintegration of offenders.

COMPARATIVE ANALYSIS OF THE PENETRATION SYSTEM OF THE REPUBLIC OF N. MACEDONIA WITH THE SYSTEMS OF MORE DEVELOPED EUROPEAN COUNTRIES

2025-08-19T08:14:24+00:00

This paper aims to conduct a comparative analysis of the penitentiary system in the Republic of North Macedonia with some of the most developed European countries, such as the Netherlands, Norway, and Sweden . The research focuses on key aspects of prison systems, including detention conditions, reception departments, rehabilitation programs, rehabilitation therapies, reforms, international cooperation, classification by degree of severity, management of institutions, and respect for human rights. Through the analysis of statistical data, the legislative framework, and international reports, the paper highlights the strengths and weaknesses of the Macedonian penitentiary system compared to some European models, which are known for their humanity, efficiency, and resocialization.

The results indicate significant differences in infrastructure, staff training, and even the application of modern rehabilitation methods, highlighting the challenges faced by North Macedonia, such as limited financial resources and slow reforms. The paper concludes with recommendations for aligning the Macedonian penitentiary system with European standards, emphasizing the need for investment in training, modernization of facilities, and strengthening external oversight mechanisms. This comparison provides insights into possible directions for improving the system in accordance with the principles of justice and humanity, aiming to enhance the entire system in Macedonia.

ASYLUM POLICY: THE CASE STUDY OF JULIAN ASSANGE AND INTERNATIONAL RELATIONS

2025-08-19T08:14:24+00:00

This paper examines the complex dynamics of asylum policy in the context of international relations through a comprehensive case study of Julian Assange. As the founder of WikiLeaks and a prominent whistleblower, Assange sought asylum in the Ecuadorian embassy in London to avoid potential extradition to the United States. The thesis analyzes the motivations behind Assange’s efforts to seek asylum, exploring the legal challenges he faced, including the Swedish allegations and the broader implications for government transparency and whistleblower protection. The study delves into the diplomatic implications of Ecuador granting Assange asylum, which strained relations between Ecuador, the United Kingdom, and the United States. It highlights the interplay of human rights considerations in Assange’s case and the global impact on asylum seekers' rights. Furthermore, the research examines the role of media coverage in shaping public opinion and the influence of international responses to Assange’s asylum request. With global media at the forefront, the case underscored the complexities surrounding asylum policy and its intersection with press freedom. Drawing from a comparative analysis of other high-profile asylum cases, this research explores the broader political context in which Assange’s case unfolded, shedding light on the intricacies of state interactions concerning whistleblowers and government transparency. Ultimately, this study contributes to a deeper understanding of the complexities and challenges of asylum policy in the realm of international relations, offering valuable insights into how nations respond to individuals seeking asylum in an ever-changing global political landscape.

THE CHILD'S RIGHT TO EXPRESS HIS OPINION IN CIVIL PROCEEDINGS

2025-08-19T08:14:24+00:00

This paper deals with the topic of the right to opinion and position of children in civil proceedings. Quite often, in our country, but also in other legal systems, when in a court procedure, a decision is made about certain rights of a certain child, the child himself is deprived of the opportunity to express his opinion, although the opinion of that child may be the most relevant in that particular procedure. In this paper, we will focus on this issue. First, we will briefly introduce ourselves in general with civil proceedings, as well as who can be a participant in it. The majority of this paper will be dedicated to the UN Convention on the Rights of the Child, as a very important leap forward in the field of children's rights. Specifically, we will focus on Article 12 of this Convention, which guarantees the child's right to an opinion.

TRAFFICKING IN SYNTHETIC DRUGS IN THE REPUBLIC OF NORTH MACEDONIA AND THE BALKANS

2025-08-19T08:14:25+00:00

The increasing prevalence of synthetic drugs, often of clandestine origin, presents a multifaceted challenge to law enforcement agencies and legal frameworks. The following paper will present the legal implications surrounding the production, distribution and consumption of synthetic drugs, offering insight into the development of the prevalence of narcotics legislation in the Republic of North Macedonia and the Balkans. We will also focus on the routes used for smuggling synthetic drugs into and through the country, highlighting the country’s strategic location as a crossroads for drug trafficking between Eastern and Western Europe. In addition to the criminological analysis of the phenomenon that will set out the basic postulates of the problem, we will also review the legal frameworks for combating synthetic drug trafficking in the Republic of North Macedonia and the Balkans, which address issues related to drug production, trafficking, possession and related criminal activities. The importance of the work lies in the fact that it offers current, updated data on a living issue, both criminological, criminal-legal, and statistical, and enables monitoring of the results of the fight that the authorities wage daily, which is necessary to create a solid foundation for developing current and modern techniques for prevention and suppression.

GEOPOLITICAL SIGNIFICANCE OF WATER

2025-08-19T08:14:25+00:00

The subject of this research is the geopolitical significance of resources, and their impact in international relations, with the special emphasis on the geopolitical aspect of water. It is common knowledge that water is an important resource and supposition of life, technological and social advancement. Water resource scarcity is an environmental security issue that currently exercises considerable influence on regional stability, particularly in arid regions. Given assumed population growth, changes in climatic conditions and the imbalance of water resource supply and demand, the water will continue to be a source of tensions, it could become the determinant variable in future international conflict. This research provides an overview of several water conflicts and the ways in which they are resolved.

GEOPOLITICAL ASPECTS OF THE CAUCASUS

2025-08-19T08:14:25+00:00

The Caucasus is a region of immense geopolitical significance, serving as a strategic crossroads between Europe, Asia, and the Middle East. This paper explores the key geopolitical aspects of the Caucasus, focusing on its strategic location, territorial conflicts, economic importance, and the influence of major global and regional powers, including Russia, Turkey, Iran, and Western nations. The study also examines the role of international organizations in conflict resolution and regional development, as well as the future challenges and prospects for stability and economic integration. The complex interplay of historical rivalries, ethnic diversity, and resource-driven competition continues to shape the region’s political and economic landscape. Understanding these dynamics is crucial for assessing the region’s impact on global security and international relations

THE PROCESS OF MEMBERSHIP OF THE REPUBLIC OF NORTH MACEDONIA IN THE COUNCIL OF EUROPE AND THE IMMEDIATE LEGAL AND POLITICAL EFFECTS OF THE MEMBERSHIP

2025-08-19T08:14:25+00:00

After the collapse of the former Socialist Federal Republic of Yugoslavia (SFRY), our country, under its back then constitutional name, the Republic of Macedonia, immediately began to take all the necessary steps to complete its statehood, starting with the decision to call a referendum on September 8, 1991, in which approximately 95.32% of the citizens voted for an independent sovereign state, which was followed by the adoption of the Declaration of Sovereignty of the Republic of Macedonia on September 17, 1991, which informed the domestic and world public that the Republic of Macedonia was taking responsibility for its destiny into its own hands, and the government in the country was constituted accordingly. This early phase was completed on November 17, 1991, when the first Constitution of the. Republic of Macedonia as an independent state was adopted, consequently beginning the process of its international recognition, which was its key challenge of the foreign policy, including its membership in all key international intergovernmental organizations, such as the UN, the Council of Europe, the EU, the OSCE, NATO, and the like. Without any ambition to comprehensively present all the attempts of the Republic of North Macedonia (RNM) for its full membership in the world of international intergovernmental organizations, which requires a very different approach and larger space, to achieve this goal, our country was forced to move along a very difficult path due to the continuous expressed opposition of the neighboring Republic of Greece to the international recognition of our country under its back then constitutional name of the Republic of Macedonia. This was confirmed already within the framework of the procedure after the first attempt of our country for its international recognition that it made within the framework of the then so-called EU Conference on the Disintegration of the Former SFRY (under the presidency of Lord Carrington), within which the special so-called Badinter Arbitration Commission, whose main mandate was to examine the fulfillment of the conditions and requirements set out in the "EU Guidelines for the Recognition of the New States of Eastern Europe and the Soviet Union" and the "Declaration on Yugoslavia adopted by the Council of the European Community on 16 December 1991" by each new state, including our country, which on 20 December 1991 formally requested its recognition by the EU member states back then.

SEGREGATION OF ROMA IN EDUCATION AS ONE OF THE MANIFESTATIONS OF ANTI-GYPSYISM

2025-08-19T08:14:25+00:00

There is no doubt that racism and discrimination against Roma are manifested in European countries, and unfortunately, in many fields. Segregation in education is also rooted in the Macedonian education system, as confirmed by the results of many studies mentioned in this paper, led by the judgment of the European Court of Human Rights in Elmazova and Others v. North Macedonia (Applications No. 11811/20 and 13550/20). The analysis of this judgment explains in detail the process in our legislation that preceded the submission of the application to the ECHR, which highlights the very moments in which our system failed to protect Roma by discriminating against them and violating their fundamental human rights. This paper analyzes the concept of segregation as well as the types of segregation with a special focus on segregation in education in our country. I tried to investigate the roots of institutional discrimination in more detail as I analyzed the beginnings of the emergence of Anti-Gypsyism; which led me to the conclusion that nations / states are key culprits for creating discriminatory policies towards Roma, placing them in an inferior position compared to other citizens.

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2025-08-19T08:14:25+00:00

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