scholarly journals The analysis of un activities in resolving the issue of Kosovo and Metohija

2012 ◽  
Vol 64 (4) ◽  
pp. 442-478 ◽  
Author(s):  
Dusko Dimitrijevic ◽  
Ivona Ladjevac ◽  
Mihajlo Vucic

After the Security Council had established the international administration in Kosovo on grounds of the Resolution no. 1244 of 10 June 1999 for the construction and reconstruction of the legal and economic systems, the support and protection of human rights, the provision of humanitarian and other assistance, it adopted the conclusion that the achievement of a political settlement for the southern Serbian province would primarily depend on the development and consolidation of peace and security. Accordingly, in May 2001, the international administration adopted the Constitutional Framework for Provisional Self- Government in Kosovo, which defined the status of the Serbian southern province as a whole and indivisible territorial entity under the interim international administration. The Constitutional Framework is regulated as a substantial transfer of state responsibilities by the peoples of Kosovo and Metohija to the provisional institutions of self-government and it should ?enjoy substantial autonomy within the Federal Republic of Yugoslavia?. This institutional development is aimed at establishing constructive cooperation among various ethnic communities in order to build a common democratic state. Since this solution is not quite legally balanced, it could not go without any negative consequences in terms of national sovereignty. The suspension of sovereignty of the Republic of Serbia in Kosovo and Metohija has eventually contributed to creating of the conditions for the socalled unilateral declaration of independence of the Republic of Kosovo. The analysis of the activities undertaken in the field of resolving the status issue after the unilateral declaration of independence of 17 February 2008 suggests that the solution for the Kosovo and Metohija should be primarily sought within the United Nations system.

2022 ◽  
pp. 257-272
Author(s):  
Bondo Nikoloz Gasviani ◽  
Tinatin Zhorzholiani ◽  
Teimuraz Shengelia

The present study analyzes the historical background of the formation of the Abkhazian economy and geographical-resource potential and the economic situation of Abkhazia before and after the Russian-Georgian war of 1991-1992. Special attention was paid to the recognition of the international status of the Republic of Abkhazia by the Russian Federation, in gross violation of international norms, the results of which did not have a significant positive impact on the economic or social well-being of the local population. However, it confirmed Russia's imperialist intentions concerning occupation of Georgian territory with the status of “peacemaker” in 1992-1993 and the fact of misleading the international community. In the chapter, the criminal nature of the economy of occupied Abkhazia is substantiated. Also, the chapter analyzes the mechanisms/levers of economic pressure management in the Russian-occupied territory and its negative consequences for the population living in the area.


2017 ◽  
Vol 8 (2) ◽  
pp. 107-116
Author(s):  
Sotiroula Liasidou

Abstract The aim of the paper is to identify the stance of tourism industry practitioners in the Republic of Cyprus in the case of reunification. Since 1974 and the Turkish invasion, one third of the island’s territory has remained under an illegal occupation. Discussing Cyprus’ political problem and the potential of reunification in relation to the tourism industry is a new concept in nature. The tourism industry will be the vehicle for further economic development. So, it is imperative to understand the opinions of tourism stakeholders and decision makers who will potentially be involved in the development of tourism in the reunited island. In order to identify the consequences of the status quo on the Republic, the views of 26 powerful elite people, both in the public and private sectors of the country, were collected through a qualitative data inquiry using semi-structured interviews. The results of the study suggest that the inability to come up with a viable solution has many negative consequences on the tourism industry of the island. The results of the study suggest that a possible reunification will render Cyprus as an innovative tourism destination.


Author(s):  
VLADIMIR PREBILIČ

In 2015, in Athens, a decision was made that the upcoming conference of military historians under the auspices of the Partnership for Peace programme in the Conflict Studies Working Group (CSWG) would be hosted by Slovenia. In cooperation with the Ministry of Defence and with its support we established an organisational committee, consisting of four institutions: the Military Museum in the name of the Ministry of Defence of the Republic of Slovenia, Institute of Contemporary History, Faculty of Social Sciences, and the French Ministry of Defence, represented by the Veterans and War Victims Office. We would like to thank the Minister of Defence Andreja Katič and Brigadier Milko Petek for their assistance with the organisation, financing, and understanding of the role of the Republic of Slovenia in the international scientific community. This understanding and complete support were crucial for the realisation of a successful international consultation, where we managed to confront an overabundance of experiences and present numerous challenges, as well as ensure that all the participants left Ljubljana with plenty of good impressions and new knowledge, also about the Slovenian defence system and our history. Regarding the selection of topics, which the researchers from more than thirty countries would research and then present at the annual conference, we agreed that this time we would focus on a topic that was not as distinctively military: war veterans. Why veterans? We, military historians, far too often concentrate on important conflicts, battles and wars, where the most important roles are in the hands of military commanders, political decision-makers, and coalitions of forces. With great zeal we study tactics, operations, strategies, and analyse the impact of every possible more or less important factor that influenced either the course of the conflict in question or its results. We analyse and interpret the consequences of engagements, battles and wars by means of various archive materials, revealing layers of secrets involved in what may already be numerous conventional facts... However, when the weapons fall silent, as the stage is once again taken over by politicians and as normal life in its myriad of ways resumes (as war and its consequences are undoubtedly abnormal circumstances), the elimination of the consequences of war comes to the forefront. Everyone focuses on the restoration of devastated cities and infrastructure as well as on the revitalisation of state economies. The militaries of the victorious as well as – even more so – the defeated side retreat to the background. Soldiers, perhaps especially those who cannot continue working in the military structures due to the consequences of wars, become even less visible. Precisely these consequences of wars leave permanent scars on the soldiers. They can alter the soldiers' personalities irreversibly and completely, and often change the way of the former soldier's lives forever. Unfortunately it frequently happens that the soldiers' societal, social and general status takes a turn for the worse as well. Precisely for this reason a number of various veteran organisations have been established, whose purpose is not only to maintain contacts between the former soldiers but also to represent them, their status and their rights, and bring the attention to their unequal position in the society. One would expect that the status of veterans would thus be addressed properly and that further potential marginalisation of the former members of the armed forces would no longer be an issue, but unfortunately that is not the case. Although the attitude of the state towards the veterans in fact reflects its maturity, sensitivity to the vulnerable, and respect of its most meritorious citizens, this issue is often not settled in a manner that one would expect. The reasons for this situation can be found on both sides: on the side of the decision-making elites, which far too eagerly assign top priority to other, possibly more pressing issues; as well as on the side of the veteran organisations themselves, which should certainly operate in such a way as to represent a direct and tougher negotiator when it comes to the status of veterans. During the economic crisis, when the negative consequences almost as a rule affect the lowest social strata most adversely, the situation of the veterans is not much different. The cutbacks of national and consequently defence budgets result in the diminished resources available for the veterans. Most often the veterans are where the financial cuts actually begin. For this reason the discussion about the status of veterans is a very pressing topic, even today. At the same time the veteran organisations are the ones that represent a live historical memory of extreme efforts and great sacrifice. As such they are a living reminder of what wars and post-war events represent. The decision-makers should learn so much from them... And perhaps these sorts of discussions will contribute to changes in these relations. Esteemed veterans, we should thank you, pay our respect to you, and endeavour to maintain the sincerest possible relations with you. As it is, it is a fundamental characteristic of every veteran that they have put their nation as a whole before their own interests as well as before the interests of their loved ones and those of other groups. For this noble goal they have been prepared to sacrifice everything: their lives. For this reason it is only proper and decent that the highest possible quality of life be ensured for our veterans by means of sincere relations and by including the veterans in all aspects of life in the modern society.


2013 ◽  
Vol 34 (1) ◽  
pp. 129-140
Author(s):  
Magdalena Perkowska ◽  
Emilia Jurgielewicz

Abstract Refugees constitute one of the most serious international problems that the world faces today. The problem of guarantee of access to a language that is understood by the applicant in the procedure for granting refugee status, presented in this paper, is strongly associated with this matter. Due to the fact that this is an issue which affects a considerable number of states, both interna- tional and domestic regulations concerning the granting of refugee status were selected for examination in the present paper. The provisions of the Convention relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland were considered. The paper focuses on an analysis of the guarantee to make provision for communication in an understandable language, which does not create a barrier for the person applying for refugee status while communicating with administrative agencies that are decisive in granting the aforementioned status.


Author(s):  
Enrique GÓMEZ-REINO Y CARNOTA

LABURPENA: Uste dut herritarrek administrazio publikoarekiko dituzten eskubide eta betebehar guztiak jasotzen dituen Nazioarteko Zuzenbideko testu bakarra 2013ko «Herritarrek Administrazio Publikoarekiko dituzten Eskubideei eta Betebeharrei buruzko Iberoamerikako Ituna» dela. Itunaren arabera, herritarrek administrazio publikoarekin dituzten harremanen estatutua administrazio onaren funtsezko eskubideak eta agiriko gainerako eskubideek eta herritarrei dagozkien betebeharrek osatzen dute. Eskubideek eta betebeharrek zehazten dute herritarren egoera juridikoa. Eskubideez eta betebeharrez gain, itunak hainbat printzipio biltzen ditu, administratibistok ondo ezagutzen ditugunak. Helburua da herritarrek, ordenamendu juridikoak aitortzen dien bezala, erdigunea bere egitea. Gure herrialdeko zuzenbidean, Konstituzioak zuzenbide-estatu sozialean eta demokratikoan ezinbestekoak diren eskubideen eta betebeharren sorta zabala onartzen du (1. tituluan, «Oinarrizko eskubide eta betebeharrez »), baita hainbat printzipio ere, Atariko tituluaren 9.3 artikuluan. Azkenik, Itunaren testuan, oinarrizko eskubideak eta hori osatzen dutenek ordenamendujuridikoetako giza eskubideen babes administratiboa eta jurisdikzionala dute. RESUMEN: «La Carta Iberoamericana de los Derechos y Deberes del Ciudadano en relación con la Administración Pública» de 2013 creo que es el único texto de Derecho Internacional en el cual se especifican todos los derechos y deberes de los ciudadanos en relación con la Administración Pública. El Estatuto de los ciudadanos en sus relaciones con la Administración Pública está integrado, según este texto, por un derecho fundamental a la buena administración y por los derechos que lo integran, así como por los deberes que le corresponden. Los derechos y los deberes definen, en último término, la posición jurídica del ciudadano. Pero junto a los derechos y deberes la Carta sistematiza una amplia serie de principios, que nos son bien conocidos a los administrativistas, todo ello con la finalidad de determinar que los ciudadanos asuman la posición central que le reconoce el ordenamiento jurídico. En el Derecho de nuestro país, la Constitución reconoce un amplio abanico de derechos y deberes fundamentales en el Estado social y democrático de derecho (Título I. «De los derechos y deberes fundamentales»), así como una serie de principios en el art. 9.3.º del Título Preliminar. Por último, en el texto de la Carta el derecho fundamental y los que lo integran gozan de la protección administrativa y jurisdiccional de los derechos humanos previstos en los diferentes ordenamientos jurídicos. ABSTRACT: The Iberoamerican Charter of Rights and Duties of the Citizen in Public Administration of 2013 I belief to be the only International Law text where all the rights and duties of the citizens in Public Administration are specified. The status of the citizen in their relationships with the Public Administration is integrated according to this text with a fundamental right to good administration and the rights that are part of it together with the duties therein. Rights and duties determine ultimately the legal position of the citizen. But beside the rights and duties, the Charter systematizes a broad series of principle which are not totally known by the Administrative doctrine, and all in all with the aim at establishing that cititzens have the central position acknowledged by the legal order. In the Law of our country, the Constitution recognizes a broad range of fundamental rights and duties in the Social and Democratic State of Law (Title I, “About fundamental rights and duties”) together with a series of principles in article 9.3 of the Preliminary Title. Finally, in the Charter’s text the fundamental right and the rights that are part of it enjoy the administrative and judicial protection of human rights established by the different legal orders.


Legal Studies ◽  
2008 ◽  
Vol 28 (4) ◽  
pp. 493-505 ◽  
Author(s):  
Aharon Barak

This paper, delivered as the Second Scarman lecture, argues that the role of a judge on the Supreme Court of a democratic state is to protect both the constitution and the democracy. Judges in modern democracies should protect democracy both from terrorism and from the means the state wishes to use to fight terrorism. Judges meet their supreme test when they face situations of war and terrorism. The protection of human rights of every individual is a duty much more formidable in situations of war or terrorism than in times of peace and security. But if judges fail in their role in times of war and terrorism, they will be unable to fulfil their role in times of peace and tranquility. It is a myth to think that it is possible to maintain a sharp distinction between the status of human rights during a period of war and the status of human rights during a period of peace. The paper explores these issues through an examination of the need for a balanced and proportionate approach and by using illustrations from the example of the Israeli Supreme Court, with a focus on the role of judicial review in the ‘war on terror’.


2021 ◽  
pp. 481-495
Author(s):  
Slađana Gligorić

In the conditions of pandemic Covid 19, there was an expansion of work from home, which includes various forms of informal work that is performed outside of business premises of the employer. Such work includes "reduced" control power of the employer, calls into question the legal subrogation in the employment relationship, and has negative consequences for the realization of the rights of employee (primarily for safety and protection at work and privacy). Therefore, the paper lists the most important international documents of International Labour Organization applicable to work from home. It can be noticed that the modern concept of work from home differs from the former, in a way that it is limited to intellectual jobs or services that are performed in the digital environment. Regulation of work from home in the main Labour Law of the Republic of Serbia is incomplete, while the current Law on Health and Safety at Work does not recognize this form of work, which de lege ferenda requires amendment and harmonization of provisions, all with the aim of ensuring fuller protection of fundamental rights to work and in connection with work, as well as regulating the status of employees


2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.


2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.


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