Revue éditée par:
Editura ASE
Département de Droit de l'Académie d'Etudes Economiques de Bucarest


Société des Sciences Juridiques et Administratives

ISSN: 2247-7195
e-ISSN 2248 – 0382
ISSN-L 2247 – 7195

3 numéros / an







Volume 12, Issue 3, October 2022


Article 1 - The philosophy of international law of Modern Scholasticism: the theory of just war


This article analyzes the philosophy of international law of the Second, or Modern Scholasticism. The author of the article concentrates on the just war theory mainly developed by Francisco de Vitoria and Francisco Suarez. The objectives of the article are to clarify and classify the main principles of the above-mentioned theory as well as to grasp its relevance nowadays. In order to achieve these objectives doxographical, analytical as well as hermeneutical methods are applied. Based on them, the principles and rules of just war are divided into two fundamental types. The article comes to conclusion that these types correspond to the parts of contemporary just war theory entitled as jus ad bellum and jus in bello. Another significant conclusion is that the vast majority of the principles of just war presented in Modern Scholasticism (e.g. just cause of the war, adversary’s warning of intended offensive actions, the inviolability of ambassadors and peaceful population, prohibition on killing prisoners of war and hostages, the compliance of reparations with the damage caused before and during the war, the illegality of religious and confessional wars) are also relevant nowadays.
Key-words: Modern Scholasticism, international law, just war, jus ad bellum, jus in bello, Francisco de Vitoria, Francisco Suarez.
JEL Classification: K33, K38
DOI: 10.24818/TBJ/2022/12/3.01

Article 2 - An arbitration dilemma: party-appointed experts vs. tribunal-appointed experts. A comparative study


Arbitration, as an alternate method of solving disputes, is greatly reliant on its capacity to offer an efficient procedure, in terms of costs involved and time consumed to reach a decision on parties’ disputes. Taking of evidence in a cost and time effective manner is, therefore, a vital issue, one that the parties and the arbitral tribunal consider with the utmost care; it is the screen that reflects the image that the parties are trying to credit as being the truth. Expert witnesses are often called upon to present a professional view on technical or economic aspects that cannot be decided by the arbitral tribunal without proper expert information. The object of this study is to offer a comparative analysis of the choices that the parties and the arbitral tribunal have to make in taking expert evidence as well as the implications of these choices.
Key-words: arbitration, expert witnesses, independents experts, party-appointed experts.

JEL Classification: K40
DOI: 10.24818/TBJ/2022/12/3.02

Article 3 - The definitive device of the term “international commercial arbitration”


Objectives are to reveal the essence of the institution of international commercial arbitration. Methods comprise the comparative analysis of scientific approaches of various legal systems of the world, judicial practice of both national courts and the European Court of Human Rights. Results and implications. As a result of this study the term “international commercial arbitration” was indicate from both side - of a general theoretical nature and in the law enforcement activities of national courts; the efforts of bringing the arbitration laws to the “unified rules of arbitration” was confirmed as a best way of their reform.
Key-words: arbitration; recognition and enforcement of the awards; New York Convention of 1958.
JEL Classification: K22, K33
DOI: 10.24818/TBJ/2022/12/3.03

Article 4 - Goose-stepping? The concept of the Hungarian public administration contract from a private law point of view


The author addresses questions raised in the professional literature of public law (e.g.: the applicability of the Hungarian Civil Code to public law contracts), alongside the contradictions (e.g.: there isn’t a unified set of denotations and categories) and problems included therein, and the one-sidedness thereof (the disregarding of the respective works of private law). We analyze the selected material by concisely explaining the relation between public law and private law in Hungary. The author pays special attention to the Hungarian public law definitions as well as the contract-types with their characteristics, and finally, conclusions are drawn, and compatible perspectives are proposed.
Key-words: public law, private law, public administration contract, authority contract.
JEL Classification: K12
DOI: 10.24818/TBJ/2022/12/3.04

Article 5 -Prevention and settlement of conflicts of interest in health care of Ukraine as an administrative legal institute


The purpose of the study is to analyze certain legal problems in the development of the administrative-legal institution for preventing and resolving conflicts of interest in the healthcare sector. This article is based on an interdisciplinary approach using methods of analysis and synthesis, as well as comparative legal, dialectical and systemic methods. The concept of "prevention and settlement of conflicts of interest in the field of health care" is proposed, and the design of "administrative-legal institution for the prevention and settlement of conflicts of interest in the field of health care" is defined and its types are established. The analysis of the concept of "conflict of interest" in the scientific literature, national and international legal documents, in the legislation of foreign countries was carried out, the definition of "conflict of interest in the field of healthcare" was proposed. It has been established that in the legislation of certain foreign countries, the legal provision of a conflict of interest in the field of health care is carried out at the level of a special law "On Conflict of Interest", or provided for in laws on the prevention of corruption, or (in some states) also in a regulatory legal act in the field of health care. The elements of a conflict of interest in the field of healthcare (real or potential) are disclosed, their content is clarified. The elements of a conflict of interest in the field of healthcare (real or potential) are disclosed, their content is clarified. Two ways of resolving a conflict of interest in the healthcare sector have been identified: external and independent. It is established that the prevention and resolution of conflicts of interest in the healthcare sector consists of the following components: (1) prevention, (2) informing, (3) refraining from actions or decisions, and (4) settlement.
Key-words: corruption, conflict of interests in the field of healthcare, legal regulation, legal liability, administrative law institute.
JEL Classification:
K14, K24
DOI: 10.24818/TBJ/2022/12/3.05

Article 6 - FinTech and Regulatory Sandbox – new challenges for the financial market. The case of the Slovak Republic


The article deals with the issue of emerging regulatory sandboxes and FinTech in the financial markets. The choice of topic is given by i) the topicality of the selected issues and dynamic changes in the financial markets, ii) the fact that there is no flat-rate framework for operating the regulatory sandbox and innovation hub and the EU's efforts to establish a framework for the operation of the innovation hub and the regulatory sandbox build on a comparative analysis of the steps already taken in Member States' legislation. Based on the analysis of previous scientific studies focused on the issue of regulatory sandboxes, the article identifies summarizing criteria on the basis of which it approaches the analysis of the operating of the regulatory sandbox in the conditions of the Slovak Republic. The article thus reflects on the need for analysis of national approaches to the establishment of the regulatory sandbox and complements the range of scientific studies with the lack of analysis of the regulatory sandbox in the conditions of the Slovak Republic. With this approach, the article supports the possibility of using the method of horizontal comparison of national regulations of individual states in setting a transnational approach to FinTech regulations, as well as contributes to further scientific research at the international level.
Key-words:FinTech, regulatory sandbox, incubation models, innovation hub, the Slovak Republic, European Union.
JEL Classification:
DOI: 10.24818/TBJ/2022/12/3.06

Article 7 - Comparative planetology as a foundation for associating space law with solar geoengineering governance: stratospheric aerosol injection and variations of sulfur dioxide in Venus’s atmosphere


Mankind often seeks solutions to climate change and environmental crises, but rarely considers the feasibility of outer space to overcome such critical issues. Among many solar geoengineering approaches is stratospheric aerosol injection (SAI) whose concept suggests artificial control of the global temperature by spreading tones of sulfur dioxide into Earth’s stratosphere. Given that the classic ‘technology control dilemma’ represents the central problem of solar geoengineering governance, however, this paper adopts a Venus-Earth comparative planetology method by addressing volcanology and atmospheric circulation aspects. An international regulatory framework engaging space law in solar geoengineering governance is consequently presented, which classifies two separate legislations: (1) research-based legislation (comparative planetology and Earth science) and (2) non-research-based legislation (national and international governance, ethical issues, economic factors, military utilization). Further highlighting climate change issues, SAI manifests the Anthropocene and regards Earth’s stratosphere as an “inner environment”, while comparative planetology manifests the Anthropocosmos and regards space as an “outer environment”. This polymorphous consideration of atmospheric and space elements identifies a new approach of climate change techniques. Human relations that concern both environments should examine how social scientists would regard these separate boundaries or perceive them as a mergence between the two major epochs.
Key-words: space law; comparative planetology; solar geoengineering; legislation; climate change; stratospheric aerosol injection.
JEL Classification:
DOI: 10.24818/TBJ/2022/12/3.07

Article 8 - The legal nature of the public administrator’s management contract in Romania. Aspects of comparative law


Public administrator is a new function, which was introduced into the Romanian legislation by the Law no. 286/2006 amending and supplementing Law no. 215/2001; the management contract, under which public administrators carry out their responsibilities, is not defined either by legislation or by doctrine, because there are various opinions in the specialty literature ranging from its qualification as a labour contract to the civil nature of this legal relationship. In this article, we try to provide a basis for the administrative contract view about the management contract concluded between a public administrator and the public executive authority within an administrative territorial unit.
Key-words: public administrator, management contract, public authority, administrative territorial unit, appointment criteria and procedures.
JEL Classification: K23
DOI: 10.24818/TBJ/2022/12/3.08


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