Administrative Appeal in Serbian Law
This paper addresses the issues of concept, features and place of the administrative appeal in Serbian administrative law. Special attention is given to the relation between administrative appeal and judicial review of administrative acts. The paper is part of a wider analysis regarding the effectiveness of administrative appeals in the framework of administrative justice on European level, put forward at the EGPA Conference in Toulouse in 2010. The paper is limited to scrutiny of normative aspects of administrative appeal, with the intention to be followed by an empirical research on its effectiveness.
The Privilege of Silence in Serbian Administrative Law
The paper describes various types of administrative silence, deadlines, and the functioning of the negative and positive presumption of administrative silence. It further provides a detailed overview of the “remedies concerning administrative silence”—the administrative appeals and the lawsuits to the Administrative Court, as well as the “remedies against administrative silence,” exerting responsibility of authorities and civil servants for administrative silence—disciplinary, misdemeanor, civil and criminal liability, supervision of the Administrative Inspection, and the complaint to the Ombudsman. Finally, the paper presents empirical data and results of the interviews conducted with civil servants and judges concerning this subject matter, showing that administrative silence represents a problem in Serbian administrative practice and unveiling certain unexpected manners for resolution thereof. The main challenge seems to be the lack of “political ownership” of the fight against administrative inaction, which, according to the interviews, could put an end to this problem.
Protection of the Marine Environment: The International and National Regulation of Deep Seabed Mining Activities
This chapter provides an overview of the international and national regulatory framework pertaining to deep seabed mining activities. It begins by discussing the UN Convention on the Law of the Sea, the backdrop for all marine activities – be they national or international – and examines the obligations of states to protect the marine environment from the harmful effects arising from deep seabed mining. Next, the chapter examines the international regime for deep seabed mining (i.e. “activities in the Area”), explaining the “common heritage of mankind” status of the Area (i.e. the international seabed); the functions of the International Seabed Authority (ISA), the international organization established to govern deep seabed mining in the Area; and the concept of state sponsorship of non-state entities (i.e. private actors) for deep seabed mining in the Area. The chapter follows with a discussion of the development of national legislation to regulate deep seabed mining, examining efforts in the Pacific region where many prospective deep-sea mining sites are located. This includes a look at the legislative regimes of several Pacific Island nations, namely, Papua New Guinea, Tonga and the Cook Islands, for whom deep seabed mining may soon become a reality – as well as New Zealand and Japan, countries with comparatively developed rule of law and legislative regimes that have undertaken or considered deep seabed mining in their national waters. Overall, the chapter critically describes and evaluates the current regulatory status in the international and national seabed areas and highlights some salient gaps that require urgent attention in order to ensure marine environmental protection and mitigate impacts on humans.