Complete issue – ready for easy download

• 2024 Editorial Board

Table of Contents

• 2024 Editorial Board

How to Protect Consumers in the Digital Era: An Example of the Online Choice Architecture The ongoing process of digitalisation has brought a number of new challenges to the existing regulatory frameworks for consumer protection. One of these major challenges is the phenomenon of the online choice architecture, which is used to push consumers to make specific economic decisions while acting as participants of the digital market. In the majority of cases, such pressures should not be allowed as they rely on consumers’ vulnerability. This paper examines the phenomenon of online choice architecture and the fact that the existing consumer law framework does not provide adequate legal protection to the consumers from online choice architecture, calling for a consumer law reform that would enable better protection of consumers.

• Mateja DUROVIC [ King’s College London, United Kingdom ]

Orderly Development of the Case Law of the European Court of Human RightsThe article analyzes the use of precedent by the European Court of Human Rights. It examines the various types of precedents in the practice of the Court and how they are utilized. It discusses different methods of development of case law, including overruling precedents, branching of the case law, and fragmentation of the case law. The article also proposes guidelines for the orderly development of case law.

• Rodoljub Etinski [ Faculty of Law University of Novi Sad, Serbia ]

A Comparative Perspective on the Liability of HeirsSettlement of deceased’s debts is one of the fundamental questions of succession. The liability of heirs for these debts is very difficult to regulate because of the need to balance several conflicting interests: the interests of heirs, the interests of estate creditors and the interests of heirs’ personal creditors. Legal systems may attempt a simple, but rigid approach to heirs’ liability or provide detailed and flexible, but complex rules on different scopes of liability in different situations. This article discusses the main approaches to liability of heirs for estate debts and provides a critical analysis of their advantages and disadvantages. The author concludes that complex and flexible rules on liability of heirs may ultimately lead to more just distribution of estate assets.

• Miloš Vukotić [ University of Belgrade Faculty of Law, Serbia ]

Methodological Predecessors of Contextualist Political RealismIn order to gain a better understanding of contemporary political realism, as well as of the theories of two classical political philosophers, this paper argues that the methodological roots of a contextualist model of realism can be found, among others, in the writings of Aristotle and Machiavelli. It is argued that the methodological assumptions of contextualist political realism can be formulated through two main notions: 1) the experiential basis – analysis of politics through reliance on experience from political practice; and 2) contextualism – avoiding universal claims as much as possible, i.e., making claims about politics always within a socio-historical context. Using those lenses, the paper points out the methodological elements of Aristotle’s and Machiavelli’s political theories that are in line with this version of political realism, claiming both of them could be perceived as forerunners to a certain degree.

• Sava Vojnović [ University of Belgrade Faculty of Law, Serbia ]

An opinion in favour of parliamentary republicThe author puts forward the idea to replace the existing, ill-functioning semi-presidential form of government in Serbia with parliamentary government. The latter would put an end to the shortcomings of the current form of government, predominantly consisting in hypertrophy of the presidential powers. The author discusses two topics concerning the parliamentary form of government: election of the head of state and the relations between parliament and the cabinet. The author’s suggestions regarding the future shape of these institutions in a future parliamentary republic are aimed solely at instigating debate, which he considers indispensable

• Dragoljub Popović [ Union University School of Law in Belgrade, Serbia; Creighton University, Nebraska, USA; Lawyer, Serbia, Former Judge of the European Court of Human Rights, France ]

Plokhy, Serhii. 2023. The Russo-Ukrainian War: The Return of History. New York: W. W. Norton and Company, 376.

• Boris Begović [ University of Belgrade Faculty of Law, Serbia ]