Abstract
The Hungarian Yearbook of International Law and European Law (established in 2013) represents a new forum in Central and Eastern Europe for primarily the Hungarian academic community to publish peer reviewed articles in a foreign (English) language journal presenting the Hungarian position and new findings on topical issues of international law and European law. Overcoming the existing language barrier, the Yearbook published in English by Eleven International Publishing in the Hague seeks to enrich Hungarian legal literature and have an impact on international law and European law scholarship at large. The chapter introduces the history of the Hungarian international law scholarship, the way towards the foundation of the Hungarian Yearbook, the structure of the Yearbook, the question whether a yearbook shall be topical, the adaption of the Hungarian Yearbook to the challenges of the digital age and the impact of the Yearbook.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Similar content being viewed by others
Notes
- 1.
Bluntschli 1872.
- 2.
Heffter 1844.
- 3.
Somló 1917.
- 4.
Lers 1891.
- 5.
Buza 1911. After the Congress of Berlin (1878), Bosnia and Herzegovina nominally remained under sovereignty of the Ottoman Empire but was de facto ceded to Austria-Hungary. In 1908 the Austro-Hungarian Empire announced the annexation of Bosnia and Herzegovina, and from this date Bosnia and Herzegovina was formally under the Austro-Hungarian sovereignty. The annexation immediately led to an international crisis, which was solved in 1909 when the Ottoman Empire recognised the annexation—after a material compensation paid by Austria-Hungary.
- 6.
- 7.
- 8.
E.g. Ferenc Faluhelyi in 1944 and Gyula Teghze in 1939.
- 9.
E.g. Artúr Balogh or Albert Irk had previously also received the former Corvin Chain Award (an award founded in 1930 which could be held simultaneously by not more than twelve persons for their high record in promoting Hungarian science, literature and arts, as well as Hungarian education).
- 10.
This was an example of the general reluctance of the Soviet Union and East-European states to accept compulsory dispute resolution and the jurisdiction of the ICJ. Rosenne refers to the’widespread political dissatisfaction in the manner in which the Court handled the South West Africa case’ as the main reason of the Soviet and East European reservations to the dispute settlement regime of the VCLT. Rosenne 1970, at 81. According to the reservation made by the Soviet Union, ‘the consent of all the parties to the dispute is required in each separate case’. The Hungarian People’s Republic (like other states under the Soviet Union’s strong influence) made the same reservation.
- 11.
Buza 1957, at 19–20.
- 12.
The Member States of the COMECON (Council for Mutual Economic Assistance, an economic organization between 1949 and 1991 under the leadership of the Soviet Union) did not recognise the European Economic Community (EEC) as an independent international organisation. Hungary entered into a bilateral economic and commercial cooperation agreement with the EEC only in 1988. Even though certain international public and private lawyers addressed the question of European integration in the 1980s (e.g. Mádl 1974; Valki 1977), Hungary’s own European law scholarship emerged only in the 1990s.
- 13.
In Hungary, passports that are valid for all countries of the world were only available from 1 January 1988. Prior to that date, travelling was subject to a special state permission, except for travelling to socialist states.
- 14.
Without giving an exhaustive list, the ELTE Law Journal (by ELTE Law School), the Miskolc Journal of International Law (by the University of Miskolc), the Pázmány Law Review (by Pázmány Péter Catholic University) and the Pécs Journal of International Law and European Law (by the University of Pécs) may be mentioned. Currently, only the Pécs Journal of International Law and European Law is functioning as a publication forum and is published regularly, twice a year.
- 15.
Since the economic crisis in 2008, Hungary’s higher education system has experienced serious budget cuts and financial reforms, including the creation of the position of the chancellor in 2014, who is responsible for the non-academic (financial) activity of the institution. As of 2019–2020, the Hungarian Government has started to introduce a new, foundation-funded model of higher education, mostly for budgetary reasons.
- 16.
E.g. the first edition of the Slovak Yearbook of International Law was published in 2008, the Czech Yearbook of Public & Private International Law has been in existence since 2010 and the Croatian Yearbook of European Law and Policy was published in 2005 for the first time.
- 17.
Without giving an exhaustive list: Péter Kovács was Justice of the Constitutional Court of Hungary when the Yearbook was established and now he is serving as a Judge at the International Criminal Court (ICC) in the Hague. Árpád Prandler—since deceased—was an ad litem judge of the International Criminal Tribunal for the former Yugoslavia (ICTY), as well as President of the International Law Association (ILA) Hungarian Branch in the year when the Yearbook was founded. Vanda Lamm had been the Director of the Institute for Legal Studies of the HAS for a long time. In 2013, she became a full member of the HAS. Currently, she is Vice-president of the HAS and President of the ILA Hungarian Branch since 2014. Erzsébet Szalay-Sándor has been the Ombudsman for the Rights of National Minorities since 2013 and she was awarded the professor honoris causa by the Babeş-Bolyai University in Cluj-Napoca (Romania) in 2015.
- 18.
Szabó 2013, at XXI.
- 19.
As an example of the close connection between EU law and public international law, see the Urgenda case decided by the Supreme Court of the Netherlands in 2019 with direct reference to the European Convention on Human Rights (ECHR)—after a preliminary ruling of the Court of Justice of the European Union (CJEU). In 2019–2020 both the Grand Chamber of the European Court of Human Rights (ECtHR) and the CJEU (in a preliminary ruling) dealt with the Hungarian refugee system and the so-called transit zones, established at the external (non-EU) borders of Hungary. Vol. 8. (2020) of the Hungarian Yearbook introduces both the Urgenda case and the transit zone cases.
- 20.
Furthermore, Tamás Molnár (expert in international law, senior lecturer at Budapest Corvinus University at that time) was involved in the editing of Vol. 2 (2014) of the Hungarian Yearbook.
- 21.
In Hungary, every court adopts its decisions in Hungarian (the official language of Hungary). Whether or not such decisions will be translated into English, depends on the financial resources of the institution in question.
- 22.
Manuscripts will have to be submitted by mid-April starting from Vol. 8 (2020).
- 23.
Sándor Szemesi is not only a chief counselor at the Constitutional Court and a colleague of the Editor-in-Chief at the Constitutional Court, but he also has scientific (Ph.D., habil.) and journal editing experience.
- 24.
Starting from Vol. 7 (2019), in the editorial team of the Hungarian Yearbook Réka Varga founding editor was replaced by Laura Gyeney associate professor (Pázmány Péter Catholic University, Budapest); Petra Lea Láncos has been an editor from the beginning. The editorial assistants coming mostly from Pázmány Péter Catholic University perform very important technical work in editing the Hungarian Yearbook. Former and current editorial assistants include, in particular, Balázs Tárnok, Kinga Debisso, János Czigle, Zsuzsanna Máthé-Fäller and Lilla Munkácsi.
- 25.
Szabó 2018, at 485–499.
- 26.
Szabó 2019, at 67–83.
- 27.
Varju 2015, at 372.
References
Bluntschli JC (1872) Das moderne Völkerrecht der civilisirten Staaten: als Rechtsbuch dargestellt. Verlag C. H. Beck, Munich.
Buza L (1911) Legal Status of the State of Bosnia and Herzegovina [Bosznia és Herczegovina államjogi helyzete]. Budapest.
Buza L (1930) The Legal Status of Minorities [A kisebbségek jogi helyzete]. Budapest.
Buza L (1933) The International Legal Bases of Revision [A revízió nemzetközi jogi alapjai]. Budapest.
Buza L (1957) The Principle of Legality and Justice [Törvényesség és az igazságosság elve a nemzetközi jogban]. Szeged.
Flachbarth E (1937) System des internationalen Minderheitenrechtes. Budapest.
Heffter AW (1844) Das europäische Völkerrecht der Gegenwart. Schroeder, Berlin.
Lers V (1891) The International Legal Status of the Danube River [A Duna folyóra vonatkozó nemzetközi jogállapot]. Budapest.
Mádl F (1974) The Law of the European Economic Community [Az Európai Gazdasági Közösség joga]. Akadémiai, Budapest.
Rosenne S (1970) The Law of Treaties: A Guide to the Legislative History of the Vienna Convention. Sijthoff, Leiden.
Somló F (1917) Juristiche Grundlehre. Leipzig.
Szabó M (2013) Introduction. Hungarian Yearbook of International Law and European Law 1:XXI.
Szabó M (2018) Importance of the Legal Protection of Biological Diversity. Thoughts on the Constitutional Court’s Decision No. 28/2017. (IX. 25.) AB. Hungarian Yearbook of International Law and European Law 6:485–499.
Szabó M (2019) The Precautionary Principle in the Fundamental Law of Hungary: Judicial Activism or an Inherent Fundamental Principle? Hungarian Yearbook of International Law and European Law 7(2019):67–83.
Valki L (1977) The Organisational and Decision-making System of the Common Market [A Közös Piac szervezeti és döntéshozatali rendszere]. Közgazdasági és Jogi Könyvkiadó, Budapest.
Varju M (2015) The European Law Scholarship in Hungary [Az európai jog tudománya Magyarországon]. In: Jakab A, Menyhárd A (eds) The Science of Law. Writings on Philosophy of Science and History of Science with Practical Advice [A jog tudománya. Tudománytörténeti és tudományelméleti írások, gyakorlati tanácsokkal]. HVG-ORAC, Budapest.
Wlassics G (1922a) The Right of Self-Determination. Budapest.
Wlassics G (1922b) The Substantial and Procedural Law of Minority Protection [A kisebbségvédelem anyagi és alaki joga]. Budapest.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2021 T.M.C. Asser Press and the authors
About this chapter
Cite this chapter
Szabó, M. (2021). The Past, Present and Future of the Hungarian Yearbook of International Law and European Law—An Evolving Story. In: Spijkers, O., Werner, W.G., Wessel, R.A. (eds) Netherlands Yearbook of International Law 2019. Netherlands Yearbook of International Law, vol 50. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-403-7_15
Download citation
DOI: https://doi.org/10.1007/978-94-6265-403-7_15
Published:
Publisher Name: T.M.C. Asser Press, The Hague
Print ISBN: 978-94-6265-402-0
Online ISBN: 978-94-6265-403-7
eBook Packages: Law and CriminologyLaw and Criminology (R0)