Transitions Online_Around the Bloc-Saakashvili Enters Ukraine the Hard Way
The ex-president of Georgia returns to his adopted country in typically dramatic fashion.
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The ex-president of Georgia returns to his adopted country in typically dramatic fashion.
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In this article specifically elaborated in detail is the case of occupation of Iraq by the coalition forces of U.S. and U.K. Among other things, the relationship between relevant resolutions of UN Security Council and rights of occupation i.e, relationship of resolutions in accordance with standards jus cogens was discussed.As is well known standards jus cogens mean universally binding notrms of international law from which no derogation is permitted. The UN Charter explicity provides that Security Council has the authority to deviate from the norms of international humanitarian law. All resolutions of Security Council made in connection with the occupation of Iraq affirm the view that International Humanitarian Law and the Law on Occupation are valid without exception. They also do not contain explicit departure from current Law on Military Occupation. They only confirmed and justified the applicability of the basis international agreements in the case of Iraq. In any case, the resolutions must be in accordance with the law regime of military occupation.
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This study is focused on the law of Bosnia and Herzegovina with its specific problems in international judicial cooperation in criminal matters. In the international law, hierarchy of interstate agreements is accepted and recognized, although, in practice, it is not always understood in the best way. Therefore, as in the case of Bosnia and Herzegovina, domestic law is subsidiary in cases of conflicts with interstate agreements. Nevertheless, it plays an irreplaceable role, as a regulator of international judicial cooperation in support of interstate agreements by interpreting their provisions. This power of national legal provisions must be properly used.
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This study evaluates the conditions of Iraqi refugees in Bolu and their accession to public services. It examines to what extent the refugees benefit from the rights provided for them by Turkish legislation. The study, first, analyzes the content of provisions of international and Turkish legal documents on refugees briefly. Then, the next section analyses the status of refugees in Turkish legislation and their amendments on refugees towards those of international law provisions. The last part comprisez the economic and social problem encountered by Iraqi refugees in Bolu and evaluates the conditions of their accession to public services by means of face to face interviews with refugees living in Bolu.
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The judgment of the Court of Justice of 21 December 2016 in the Kossowski case (C – 486/14) introduced a partly new interpretation of article 54 of the Convention Implementing the Schengen Agreement of 14 June 1985 and perception of the ne bis in idem principle in the EU generally. According to the judgment, the ne bis in idem principle is not to be applied to final decisions of the authorities in the member states if the criminal investigation of the case was not detailed. In the article, the author analyses the above mentioned judgment and the earlier judgments of the Court of Justice interpreting article 54 of the Convention Implementing the Schengen Agreement. The approach of the Court taken in the Kossowski case is criticised in the light of the mutual recognition principle and the Polish regulations giving the possibility of reopening the case. The departure of the Court from an analysis of res iudicata on the base of national legislation may cause serious consequences, undermining mutual trust between the member states and decreasing the effectiveness of European cooperation in criminal matters. The potential “side effects” of the judgment prevail over its potential value in certain circumstances. Despite the criticism of the judgment, the author tries to interpret the term “detailed investigation”, referring to the concept of effective investigation, created by the European Court of Human Rights. The concepts of “detailed investigation” and “effective investigation” are not the same, but some useful guidelines could be drawn from the jurisprudence of the European Court of Human Rights.
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The concept of family reunification is well established in contemporary migration laws, at both the national and international levels. Focusing on international and EU law, in this article I argue that while existing provisions on family reunification are formulated in neutral language, from the gender point of view the enforcement of these substantively neutral rules may, in certain situations, result in discrimination, or at least bring about negative consequences, with respect to women in cases both when they are the sponsors of migration or the bearers of consequences of male migration. Following presentation of the international legal framework on family reunification and the relevant international jurisprudence, I deal with some rather common aspects relating to the personal scope of family reunification regulations, covering only the issues of who can, and who cannot, join their family member(s)/sponsor(s) in a foreign country (i.e. the unmarried minor rule, excluded forms of marriages – polygamous and forced marriages - and age limits). Some procedural aspects of family reunification are then dealt with (waiting periods, delays in proceedings, and end of a relationship as a cause for termination of residence rights.). These issues are examined with respect to concerns that they may cause indirect, or even direct, gender discrimination in some cases, while in others they may affect women more negatively than men.
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One of the direct results of the collapse of the former USSR was the emergence of centrifugal ethnic minority nationalisms, which posed a threat to the stability of the then newly-established (or restored in the case of the Baltic democracies) states. In this context, one of the mechanisms introduced by the leading elites in several countries (e.g. Latvia, Ukraine, Estonia, the Russian Federation) in order to address the minority diversity issue, ensure stability, and gain international support (in the case of the Baltic states) was a cultural autonomy scheme, which has its origins in the ideas of the late 19th century Austro-Marxist school of thought. This model was successfully implemented once in the past, in inter-war Estonia. However, its modern application, even in cases when it does not just remain on paper (such as in Latvia and Ukraine), seems to serve other motives (e.g. a restitutional framework in Estonia, control of the non-titular minority elites in Russia) rather than the satisfaction of minority cultural needs, thus making cultural autonomy a dead letter.
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Despite the universal condemnation of torture, the prevention of appalling practices of ill-treatment has not been achieved in the 21st century. The repugnant practice persists and even increases because of the disingenuous interpretations of the definition of torture and the lack of effective enforcement mechanisms. Notwithstanding the cogency of the absolute and non-derogable prohibition of torture, particularly regarding the treatment of detainees, nowadays corporal punishment as a punitive measure is arguably a recurring phenomenon in several former British colonies and in States where the legal system is based on Islamic Sharia. While several legally binding universal and regional instruments prohibit torture in general terms, with no specific definition, the scope of the Convention against Torture’s definition was narrowed down by the lawful sanctions clause. The universality of the definition has been undermined by the inclusion of this clause, since different States have different practices when it comes to lawful and unlawful sanctions. The intractable problem of the interpretation of the definition by the State-Parties and the lack of effective control mechanisms has perennially posed the greatest challenge with respect to compliance with International Human Rights Law. In light of the above, this article seeks to critically dissect the lawful sanctions clause within the context of corporal punishment.
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The principle of nullum crimen sine lege expresses an old idea that only the law can prescribe a particular act as punishable. It is commonly understood as a requirement of sufficient definiteness of an offence, in particular – of a statutory description of an offence before it has been committed (lex scripta, lex praevia), and of clarity and precision in criminal provisions so as to enable an individual to conform with them (lex certa), as well as their strict interpretation (lex stricta). Nowadays the principle is an internationally recognized human right to foreseeable criminalization, guaranteed by, inter alia, Article 7 of the European Convention on Human Rights. However, the European Court of Human Rights seems to formulate two slightly different requirements on its basis, namely that the application of criminal law must be foreseeable for an individual and coherent with the “essence of an offence”. One may question whether this can serve as an adequate “shield” from arbitrariness on the part of State authorities. Nevertheless, the core aim of such a flexible approach is not to promote legal security for potential perpetrators, but to achieve better protection of human rights in general.
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This article presents the Polish practice of promulgation of international agreements since the end of World War II. It shows that the practice is at variance with the law and makes it difficult to determine the current legal situation vis-à-vis international agreements in Poland. In the conclusions the author puts forward de lege ferenda proposals which could improve the Polish promulgation practice.
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In its Judgement of 17 February 2016, the Polish Supreme Court adjudicated the case of Polish soldiers accused of crimes committed in the village of Nangar Khel in Afghanistan in 2007. Ultimately, the Supreme Court found that Polish soldiers were guilty of, inter alia, breach of Article 318 of the Polish Penal Code, which stipulates that a soldier commits a crime even when executing an order if he is aware of this crime. However, the part of the judgement devoted to the problem of unlawful orders is very limited and almost completely lacks references to international law. The Supreme Court could have referred to a number of international legal acts, starting from the beginning of 20th century and up to the more recent regulations, including those in the Rome Statute. Moreover, the Supreme Court did not use international case law. As a result, the argumentation of the Supreme Court should be assessed as limited and unconvincing.
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Book review of Eugene Kontorovich, Francesco Parisi (eds.), Economic Analysis of International Law, Edward Elgar Publishing, Cheltenham: 2016
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The topic of this paper is the harmonization of Contract Law, as a process which represent, on the one hand, a fundamental presupposition for creation of the single market in Europe, and on the other hand, a necessary condition for Serbia's membership in it. First, the author will try to give the answer to some common questions which concerning the concept, importance and challenges of the harmonization of contract law. About, the degree of harmonization of contract law in our country, the regulations that have been passed and the problems that arise in practice, will be outlined, but only in the light of a narrow field of contract law - internet sales. Despite resistance and suspicion on which she is encountering in our country, buying over the internet is a necessity imposed by the new information age, which offers a number of advantages and benefits compared to traditional sales. Shopping over the Internet is the fastest and cheapest way to buy a product, but also the most profitable forms of trade because of the simplicity and low cost . Serbia has passed a series of laws and other regulations that follow the requirements and standards of the European Union. However, passing legislation, it is not enough, but their effective implementation and application by the citizens and authorities , it is necessary to educate merchants, and also the consumers themselves in order to spread awareness about the importance and benefits of e-commerce.
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Although neither NATO’s documents nor the UN Security Council resolution in 1973 legitimizing the use of force allow for the direct overthrow of Gaddafi, some NATO member Heads of States have stated that the goal of the Libyan operation was clearly explained as overthrowing Qaddafi. As such, the NATO member states clearly have different policies in the Libyan crisis, despite the fact that NATO overtook command of the Libyan mission. In addition, on June 5, 2011, it was understood that—in military terms—neither the opponents nor Gaddafi's forces had enough power to take control Libya, which resulted in the subsequent NATO strategies to gain considerable importance.
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In relation towards Russia, there is a tacit consent of the West not to apply basic principles of modern international law. Such rule is not applied in one state only or in some short post-Cold war period… Unique rules have been applied in that case for almost 300 years, since the creation of the Russian Empire. Breaking the rule of diplomatic immunity in case of a Russian diplomat in 1708 in London and his arrest are an incident that could be compared to taking of hostages in the US embassy in Teheran. Also, breaking the Convention on Malta from 1798 by Great Britain shows that even the most basic principles of international contract law, pacta sunt servanda are not respected when it comes to Russia. Judgment in case “Wimbledon” in front of SSMP shows that sometimes it is legal even to start a violent war against Russia. Double standards are applied by the West when it comes to recognizing the independence of Kosovo, 2008 and Crimea, 2014 and breaking the contract signed with the ex Ukrainian president Janukovic in 2014. Different standards when it comes to aggression of Saudi Arabia on Yemen and sanctions towards Russia because of the Ukraine in 2015, show that its custom legal case or one sided legal rule that the West applies towards Russia. Sometimes, as with the diplomatic boycott of 9 May celebration in Moscow, the EU does not even ask for unanimous approval of such custom legal rules. That is why it could be concluded that customary laws are not based on the idea of justice and respect for international law and not even on state reason (raison d’ état). This has arisen directly from the theory of customary law that does not recognize the mutuality of application of rules between civilized and barbaric countries. That is why such behaviour towards Russia can be defined as regional customary law that is applied unilaterally by the groups of states.
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As the successor of the failed League of Nations, the United Nations was established at the end of World War II to ensure International Peace and Security; and promote Human Rights and Development amongst other imperatives. The UN is headed by a Secretary-General who supervises the operations of the International Organization. There has been a significant correlation between the qualities and roles of each UN Secretary-General and achieving these UN Core. The disorderly state of the International System and the actuality that states are driven by their national interests make this job one of the most difficult on earth. This paper critically examines the requisite role of the UN Secretary-General in addressing United Nations’ pressing internal and external challenges. Despite the challenges and failures of the UN since 1945, significant achievements have been made especially in the areas of Human Rights Promotion, Refugees Management, Gender Equality, Peacekeeping, Poverty Eradication, Trade Liberalization, Securing Debt Relief, Facilitating Transitional Justice, Conflict Mediation, Combating Diseases and Managing the Effects and Adaptation of Climate Change. The UN Secretaries-General have played greater roles in the progress made in these areas through shaping the Global Agenda and constantly hammering on and lobbying the world about assorted key concerns. Through their roles many Treaties, Protocols and Institutions have been established to address various global concerns. The qualities and roles of UN Secretaries-General since 1945 were critically analyzed, bringing out the correlation between these qualities and roles, and their achievements – overall achievements of the UN. The frustrations of UN Secretaries-General especially those necessitated by the UN Security Council’s internal politics were also brought to light. The needful qualities and qualifications of a UN Secretary-General were critically highlighted, dissected, pairing them with past successes and failures. Some of these qualities range from qualities of Resilience, Moral Courage, and the personality to coax the most powerful world leaders towards an agreement, Impartiality, Persuasive Powers and Charm, to Wisdom. This work is segmented into the Cold War and Post-Cold War Eras Secretaries-General, the UN Challenges and the achievements and failures of these UN Chiefs. Finally, is the analysis of the present challenges of the UN and what are required of the coming UN Secretary-General in addressing them, as Ban leaves next year.
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This study evaluates the meaning of feminism, its brief history and the place of feminist approaches in international relations. In this context, the second section elaborates the emergence of feminism in the field of international relations and its impact on the discipline. Then, the study offers to analyse the critical perspective of the whole feminist approaches towards basic theories with regard to the concepts of international relations. In the third part of the study, various discourses of different feminist approaches (such as liberal, classical marxist, socialist, radical, postmodern, empiricist, and standpoint feminisms) on international relations are examined. In the last part, the views and the critics of various feminist approaches towards basic subjects and sub-disciplines such as international security international political economy, international law and human rights of mainstream international relations are examined.
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