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ELTE Law Journal 2019/2 Cone T Nts ELTE Law Journal -------- -------- ELTE LAW JOURNAL 2019/2 CONE T NTS ELTE LAW JOURNAL S YMPO IUM – THE LEGAL RESEARCH NETWORK (LRN) PAPERS KRISZTINA ROZSNYAI: Editorial and Preface to the Legal Research Network – Autonomy Papers L IVÁN SIKLÓSI: Private Autonomy and Its Restrictions in Roman Law: An Overview Regarding the Law of Contracts and Succession LÍVIA GRANYÁK: Do Human Rights Belong Exclusively to Humans? The Concept of the Organisation from a Human Rights Perspective QUENTIN LOÏEZ: The Inclusion of Strategic Autonomy in the EU Law: Efficiency or Ambiguity? HERMAN VOOGSGEERD: More Autonomy for Member States in So-called ‘Purely Internal Situations’? NISCHA VREELING: Party Autonomy in the Brussels I Recast Regulation and Asymmetric Jurisdiction Clauses ALIZ KÁPOSZNYÁK: Reinterpretation of the Requirements to Preserve the Autonomy of the EU Legal Order in Opinion 1/17 BEIBEI ZhANG: Challenges of Third Party Funding to Arbitral Autonomy: A Discussion of Possible Solutions in the Chinese Context ARTICLES DORIS FOLASADE AkINYOOYE: Africa–EU Trade Relations: Concise Legal Background to the West Africa – EU Economic Partnership Agreement CSENGE MERKEL: The Rise and Fall of Daylight Saving Time: The Uncertainties of Internal Market Harmonisation JOURNA LAW ELTE BORIS PRAšTALO: Expanded Judicial Review in International Commercial Arbitration: Which Jurisdictions Offer the Optimal Approach from the Private Parties’ Perspective? 2020/1 ELTE LJ ELJ_201902.indd 1 2020.06.12. 10:08:52 -------- -------- ELTE Law Journal, published twice a year under the auspices of ELTE Faculty of Law since 2013 President of the Editorial Board • Miklós Király Editor in Chief • Ádám Fuglinszky Editors • Balázs J. Gellér (Criminal Law) • Attila Menyhárd (Private Law) • Pál Sonnevend (Public International Law and European Public Law) • Réka Somssich (Private International Law and European Commercial Law) • István Varga (Dispute Resolution) • Krisztina Rozsnyai (Constitutional and Administrative Law) Advisory Board • Armin von Bogdandy (Heidelberg) • Adrian Briggs (Oxford) • Marcin Czepelak (Krakow) • Gerhard Dannecker (Heidelberg) • Oliver Diggelmann (Zurich) • Bénédicte Fauvarque-Cosson (Paris) • Erik Jayme (Heidelberg) • Herbert Küpper (Regensburg) • Ulrich Magnus (Hamburg) • Russel Miller (Lexington, Va) • Olivier Moreteau (Baton Rouge, LA) • Marianna Muravyeva (Oxford) • Ken Oliphant (Bristol) • Helmut Rüssmann (Saarbrücken) • Luboš Tichy (Prague) • Emőd Veress (Kolozsvár/Cluj) • Reinhard Zimmermann (Hamburg) • Spyridon Vrellis (Athens) Contact • [email protected] Eötvös Loránd University, Faculty of Law • 1053 Budapest, Egyetem tér 1–3, Hungary For submission check out our submission guide at www.eltelawjournal.hu All rights reserved. Material on these pages is copyright of Eötvös University Press or reproduced with permission from other copyright owners. It may be used for personal reference, but not otherwise copied, altered in any way or transmitted to others (unless explicitly stated otherwise) without the written permission of Eötvös University Press. Recommended abbreviation for citations: ELTE LJ ISSN 2064 4965 Editorial work • Eötvös University Press 18 Királyi Pál Street, Budapest, H-1053, Hungary www.eotvoskiado.hu Executive Publisher: the Executive Director of Eötvös University Press Layout: Tibor Anders Cover: Ildikó Csele Kmotrik Printed by: Multiszolg Bt. Contents SYMPOSIUM Overriding Mandatory Provisions in Private International Law and Arbitration – Introduction by the Guest Editor .................................................... 7 Tamás Szabados Overriding Mandatory Provisions in the Autonomous Private International Law of the EU Member States – General Report ............................................................................ 9 Martina Melcher Substantive EU Regulations as Overriding Mandatory Rules? .......................................... 37 Katažyna Bogdzevič Overriding Mandatory Provisions in Family Law and Names .......................................... 51 Markus Petsche The Application of Mandatory Rules by Arbitral Tribunals – Three Salient Issues ........ 69 Uglješa Grušić Some Recent Developments Regarding the Treatment of Overriding Mandatory Rules of Third Countries ................................................................ 89 Csenge Merkel – Tamás Szabados The Application of Overriding Mandatory Rules in Hungarian Private International Law ........................................................................................................................ 113 ARTICLES Doris Folasade Akinyooye Africa – EU Trade Relations: Legal Analysis of the Dispute Settlement Mechanisms under the West Africa – EU Economic Partnership Agreement ............................................................................................................ 125 n ELTE LAW JOURNAL • CONTENTS Attila Sipos The Dogmatics and Modernisation of International Conventions on Aviation Security ........................................................................................................................................ 147 Gábor Polyák – Gábor Pataki The Value of Personal Data from a Competition Law Perspective ................................ 167 Attila Pintér Drag Along Right in Hungarian Venture Capital Contracts ............................................ 189 Attila Sipos* The Dogmatics and Modernisation of International Conventions on Aviation Security Today it is barely conceivable but, in the post-Second World War world of international civil aviation, issues of security did not generate special concern. At that time nobody envisaged that one day terrorists would hijack airplanes or use them as weapons and unruly passengers will cause everyday problems. In the beginning, states put emphasis exclusively on flight safety. The establishment of flight safety first and foremost required the elaboration of an international system of rules concerning technical requirements. It is not accidental that air transport is one of the most regulated industries in the world. The slogan has persisted in similar forms: Safety is our priority, Safety is a priori, Safety does not allow compromise, Safety safeguards 24 hours a day, etc. Despite that, all of us are aware that safety in itself does not suffice. Hardly had the ink dried on the Paris Peace Treaty (1947),1 then humankind had to realise that it was returning to a battlefield, the scene of the Cold War, which again divided the world into two parts; in this way, it forestalled the way to the so-longed-for state of peace and unity. Simultaneously, terrorism emerged as well and it was manifested in manifold versions. Besides the unique nature of civil aviation embracing the world and the primacy of flight safety, the world demanded a paradigm shift, and urged for a new way of thinking and a new system of rules: aviation security. Flight safety and aviation security, despite their close relationship, differ from each other fundamentally. Although in both areas, the dual purpose of the law-maker is preventing or * Attila Sipos is currently Chief Aviation Advisor at the Aviation Division of MoD HM EI Ltd. He served the Hungarian Air Navigation Service Provider (ANSP) in various positions, including Legal Director, Alliance Director and Advisor to the CEO (2008–2014). He was the Permanent Representative of Hungary on the Council of the ICAO (2004–2007) and Vice-President on the Council of the ICAO (2006–-2007). Prior these positions he had worked since 1989 at MALÉV Hungarian Airlines as Flight Operation and Navigation Officer, Crew Manager, Legal Advisor and Legal Director. He completed law studies at Eötvös Loránd University (ELTE) Faculty of Law in 2000. In 2001 he won a full scholarship to study at Leiden University at the Institute of International Air and Space Law (IIASL), graduating with a Master’s degree (2001–2002). He also completed ELTE University Doctoral School, graduating with a PhD in 2018. He has been teaching international air and space law at ELTE University, Faculty of Law at the Department of International Law for more than 12 years. His new book on International Aviation Law will be published in English in 2021. 1 On 10 February, 1947 World War Two ended for Hungary, Finland, Bulgaria, Italy and Romania with the signature of the Paris Peace Treaties. The five peace treaties were signed simultaneously. These were similar to each other as to their basic principles, which had been formulated during the Potsdam Conference of 1945. 147 n n ELTE LAW JOURNAL • ATTILA SIPOS averting danger and thereby saving lives as well as protecting property, we are dealing with two sharply distinct areas. – Flight safety means a system of capabilities, in which the performers in the industry can react effectively and competently to eventual emergencies related to operation and upkeep, as a result of which no accidents or flying incidents occur. (Regarding the fact that flight safety is never 100%, from a practical viewpoint it is more pragmatic to use the phrase ‘no avoidable or as few as possible accidents or incidents occur’).2 – Aviation security is a system of capabilities, due to which the performers of the industry can provide effective and competent protection to aircraft on the ground or in the air, to the passengers and crew on board the aircraft or on the grounds of airports, to the ground-staff and third persons on the ground vis-à-vis unlawful acts endangering their security. Unlawful acts include all acts or attempts committed by a person endangering the safety
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