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Paper presents some critical rethinking about the neutral and anonymous approach of the analyst in the traditional setting. With the new paradigm of the object-relations, the analyst becomes more personally involved in the therapeutic process. In this sense, the trend of intersubjectivity developed in the USA that is slightly different from European concept of transference-counter transference. In any case, this more interactive approach between the patient and the analyst is more indicated in the treatment of psychotic patients. The same principle is valid for the supervision of the work with psychotic patients, where the therapist, beyond the technical advice and aide, also needs an emotional and human support and containment. [ABSTRACT FROM AUTHOR]

The aim of this paper is to present the history of the people with intellectual disabilities' institutionalization, primarily in the USA, United Kingdom, and Germany, countries whose social policies were used as the role model for social policy in many other countries. The first part of the paper will provide information about the causes of intellectual disabilities, different classification of people and the purpose of the institutionalization in the period from the Middle Ages until the beginning of deinstitutionalization. The purpose of the institutionalization will be presented as the protection of people with intellectual disabilities and the protection of society from people with intellectual disabilities. Some aspects of education, labor and sterilization as important determinants of people with intellectual disabilities' life in institutions, basic aspects of history of institutionalization in Croatia and some information about the deinstitutionalization in the world are going to be presented in the second part of the paper. In the final part of the paper the answers about what has been changed during the history when it comes to the institutionalization of people with intellectual disabilities as a measure of social policy are going to be presented. The conclusion is that although the modern trends of deinstitutionalization ensure progress in the care of people with intellectual disabilities, many aspects of the institutionalization have been minimally changed during history. [ABSTRACT FROM AUTHOR]

In this paper the author considers constitutional implications of the most recent disagreement between the president and Congress of the United States of America regarding the federal budget and issues related to it, i.e. the debt ceiling. In the first part the author analyses the debt-ceiling crisis causes and political and financial developments that marked the third year of Barack Obama's presidential term of office. He continues his presentation with a detailed review of the budget process institutional framework, i.e. the Constitution and the budget related legislation. Furthermore, the author talks about the debt ceiling issues during the twentieth and in the beginning of the twenty-first century. Then the author discusses the Budget Control Act of 2011, whose content is a reflection of the last minute reached compromise between the president and Congress, thus avoiding the default. The legally introduced increase mechanism of the debt ceiling, and the newly founded Joint Select Committee, on Deficit Reduction, so-called Super committee, have been analyzed in details. Finally, in the last part of the paper, by predicting a new, even more difficult conflict between the president and Congress regarding the above mentioned issues and by pointing to bigger ideological discrepancies between the Republicans and the Democrats, the author explains his doubt in the possibility of efficient work of the American system of "checks and balances" in future. [ABSTRACT FROM AUTHOR]

Under existing conditions of business activity, there are certain difficulties in the field of financing and granting funds to business entities, operating on national and international level, and attempt to overcome them is made by introduction of specific methods, techniques and contractual instrument. One of these methods is factoring business and factoring agreement, as the contractual instrument of its realization, which emerged in the mid 1950s, in United States of America. There is no unified opinion in legal theory and legislation in different countries, in terms of terminology, conceptual and legal definition of the factoring contract. This paper analyzes the existing legislation and its shortcomings for the successful realisation of the factoring operations in Bosnia and Herzegovina, which is mostly relying on sphere of autonomy of the contractual parties and combining elements of existing designated contracts, such as contract of assignment, service contract, loan agreement , agreement on bank guarantee and contract of commission. Starting from the specific structure and different types of factoring agreements affecting the rights and obligations of contractual parties, and its demarcation with other similar agreements, this paper seeks to answer questions of improving the factoring business and the existing legal framework in BiH, by introduction of special rules in existing Law on obligations or adopting special regulations that will relate to these topics with particular emphasis on solutions provided by the Convention on International Factoring made under the UNIDROIT. [ABSTRACT FROM AUTHOR]

The paper considers the provisions of the new Law on the Protection of Market Competition (hereinafter: ZZTN) passed in July 2009. This regulation, as the third in a row to regulate the issue of market competition. By this law, just as by previous laws, basically three substantive law notions of market competition law have been regulated: restrictive agreements, dominant position, abuse of dominant position, restrictive entrepreneur concentration. The new ZZTN compared to previous two laws does not introduce in this segment particularly important and revolutionary novelties. National law of market competition ( in that segment of regulation) has been modernized, national law of market competition and the like have been harmonized with acquis communautaire of the Community. However, significant novelty and one of basic reasons for passing the new ZZTN in national law on market competition has been the change of the previous system of sanctions for offenders of restrictive acts of competition law. According to the new system, passing of sentence and punishment of the offenders against competition provisions have been put in competence of the AZTN. Previously this part of enforcement of market competition law was under jurisdiction of Police courts. Such a model was contradictory to solutions known to other modern legislation on market competition (the USA, the EU, Germany) and moreover the same system did not render intended results. Consequently, it was exposed to the critic of the broader expert public for a longer period, which lead to the announced modifications of the mentioned regulation. The paper considers the above mentioned provisions of the new ZZTN. Legal solutions representing the framework of national law of market competition have been presented. The issue of administrative-punitive measures and a new system of punishment of offenders of restrictive acts of market competition law have been paid particular attention. [ABSTRACT FROM AUTHOR]

The paper aims at presenting a (new) discipline- law and economics also known as economic analysis of law that has not fully taken hold in Croatian theory and practice. Following the introductory remarks the second part of the paper deals with basics of economic analysis of law, a separate scientific discipline that makes use of economic analysis as a means for evaluation of laws and regulations or to use the institutionalists' terms - institutions, their economic efficiency and social adequacy. The third part of the paper gives a survey of economic analysis of law application in a case study of defining the term of imprisonment as a sanction imposed for committing criminal offences. The fourth part comments briefly on why this approach to law has not fully taken hold in Europe while being quite popular in the United States not only in academic circles but in (legal) practice as well. Concluding remarks point out potential deficiencies in this approach to law; nevertheless they can encourage further research in this exceptionally interesting scientific discipline. [ABSTRACT FROM AUTHOR]

This paper is an attempt to define the concept, frame and jurisdiction of the International Criminal Court. Through examining the Court on the basis of the Rome Statute, the attention is given to the theoretical papers which contain pro and contra arguments concerning the existence and quality of the Court. Moreover, a possible role of the Court in the system of international justice is contemplated, combined with its conjunction with the Constitutional Law, the leading foundation of modern states. As an additional supplement to the paper, a relationship between the Court and the United States of America is closely examined through the work of selected authors. [ABSTRACT FROM AUTHOR]

Successive episodes of development of constitutional democracy in the USA and in particular the experience of the «judicial supervision paradox» indicate that the Supreme Court of the USA has had two different functions: (1) norm enforcement and (2) policy making through Constitution and legislation interpretation in cases coming before the Court to decide. These and other divisions among American jurists demonstrate continuous existence of judicial activism discussions. However, the supporters and critics of judicial activism agree on the fact that judges have been playing an important role in American constitutional process ever since. The case Marbury v. Madison (1803) established the institution of judicial supervision and marked gradual introduction of judicial power into the area of public law; thus enabling further expansion and transformation of judicial powers. In the paper the author follows in the ideas of Montesquieu and assesses his significance in the development of modern (American) constitutionalism in a new way and clearly attaches judicial activism to judicial supervision taking contemporary interpretation into consideration inclining toward the standpoint that «judicialising aspect of modern liberalism» deserves as much attention as any other democratisation aspect. [ABSTRACT FROM AUTHOR]

With the intention to make a geo-traffic analysis of the situation and to forecast the global container traffic flows, the paper aims at analysing the rapid development of the container traffic and its respectable participation in the maritime and total world trade. The regional position of the world container traffic is analysed in particular, indicating the most important container traffic regions and the world container traffic flows. Analysing the container traffic intensity and the dynamics in the world container ports, as referent nodes of the container traffic flows, the main world, Asiatic, American and European container ports are defined. Based on the current data and relevant forecasts of the container traffic flow dynamics and development, some predictions of the container trade development as well as the distribution of the container traffic volume towards the leading market regions are analysed too. [ABSTRACT FROM AUTHOR]

As we know, in 2005 the new Croatian Law of Obligations was enacted and one of the institutes which were changed was precontractual liability. In this paper, the author analyses the historical developement of this institute concentrating primarily on Jhering's culpa in contrahendo doctrine. The regulation on precontractual liability by the former Law of Obligations was also shown so as to compare it with the existing one which represents a step forward concerning the extent of this liability. Significant attention was also paid to the measure of damages. Moreover, it was interesting to see how common law countries treat precontractual liability, especially Great Britain and the USA, having in mind that their standpoint regarding this institute is somewhat different than that of civil law countries one of which is Croatia (with particular regard to the good faith principle). [ABSTRACT FROM AUTHOR]

There is an urgent need today for libraries of all sorts to have skilfull and communicative staff employed in their everyday public activities. As the experience from developed countries shows, most of them are trained librarians, although many could also be found within the ranks of such associations as the Friends of Libraries. In the United States they are the best ambassadors of libraries, in Australia there are no public libraries without local groups of library supporters. In England there are well known phenomena such as The Friends of Bodleian Library. The author of the paper argues in favour of supporting the activities of Friends of Libraries on both national and local levels. [ABSTRACT FROM AUTHOR]

The author deals with the issue of the relationship between liberalism and multiculturalism and points out certain tensions stemming from the debate between liberals and multiculturalists. The paper mentions the theoretical interventions of political philosophers such as Charles Taylor (multiculturalist), John Gray (postmodern liberal conservative) and Brian Barry (liberal universalist). By looking into Barry's attack on Taylor and Gray, the author tries to show Barry's mistake in accusing those two of relativism derived from incommensurability, but also gives him credit for unerringly recognizing the weaknesses of the relativist criticism of liberalism. According to the author, many theoreticians participating in the academic dispute between the liberals and the multiculturalists assume that the real targets are the liberal egalitarians (Rawls and his disciples). This has created a dramatically erroneous impression that the USA are liberal in an egalitarian way. Thus, while the leftist critics of egalitarian liberalism were finding fault with the abominable universalist theory, the antiliberals (and the antimulticulturalists) have gained prominence. [ABSTRACT FROM AUTHOR]