scholarly journals Serbia's uncertainties in Kosmet

2002 ◽  
pp. 167-194
Author(s):  
Miodrag Rankovic
Keyword(s):  
Human Rights ◽  
The State ◽  
Entire Period ◽  
Institutional Framework ◽  
State Sovereignty ◽  
Left Wing ◽  
The Balkans ◽  
The Third ◽  
New Immigrants ◽  
Complete Failure

The paper consists of four sections: the situation immediately after the end of the NATO bombardment, Euro-American restructuring, main coordinates of state sovereignty and the results achieved so far within the so-called negotiating policy in Kosmet. The paper discusses the dilemma about the final outcome of the 1999 war, about the arrival of NATO to Kosmet, when the state of "the controlled chaos" really began. Serbia was left with the victims (2.500 dead) and material destruction (estimated damage of 12 to over 100 billion dollars) rapid impoverishment (over 600 thousand jobless) and over 300 thousand expelled. The first "external coordinate" of the Serbian statehood in Kosmet (reliance on the Russian-Chinese-Indian alliance) completely disappointed mostly because of further decrease in the Russian initiative in the Balkans the second "coordinate", support of the international public and left-wing groupations (illustrative example) was not enough to restrain American expansionism, while the third one, the achievement of national consensus about Kosmet was a complete failure - the Serbs remained divided both in Serbia and in Kosmet. Thus the entire period after the change of power in Serbia has been marked by yielding and concessions (Kouchner's institutional restructuring Haekkerup's "institutional framework", Steiner's decrees). There followed a planned "demographic cleansing" (influx of new immigrants from Albania, almost 200 thousand), further destruction of the monuments of Serbian spirituality false demilitarization ("the Kosovo Protection Corps"), installment of NATO bases, cleansing of non-Albanian settlements (over 40 thousand houses and about 300 schools burnt), continuation of terrorist activities, "underground economy" etc. Serbia now shares sovereignty with KFOR and with the organs of authority of the prevailing Albanians, all within the realm of "human rights" "multiethnic Kosovo" and Islamic-Turkish lobby.

scholarly journals Thracian

2020 ◽  
pp. 787-817
Author(s):  
Wojciech Sowa
Keyword(s):  
Eastern Europe ◽  
Current Knowledge ◽  
The State ◽  
Roman Period ◽  
Entire Period ◽  
The Balkans ◽  
South Eastern ◽  
History Of ◽  
South Eastern Europe

Thracian belongs to the group of languages spoken over the entire period of Antiquity in the areas of south-eastern Europe (mostly the Balkans) and which, like other vernaculars spoken in this and neighbouring areas, had died out by the end of the Roman period leaving but scanty evidence. This chapter provides an introduction into the state of our current knowledge about the Thracian language and epigraphy and the perspectives of research of this language. Since our comprehension and understanding of grammatical system of Thracian is limited, the current knowledge of the language makes any translation of attested inscriptions impossible. It is however expected that the progress in studying development and history of the Greek script may provide us with new and relevant data for interpretation of Thracian.

Human rights and the rights of states: a relational account

2016 ◽  
Vol 46 (3) ◽  
pp. 291-317 ◽  
Author(s):  
Ariel Zylberman
Keyword(s):  
Human Rights ◽  
The State ◽  
Public Authority ◽  
State Sovereignty ◽  
Moral Significance ◽  
Relational Norm ◽  
International Morality ◽  
The Relationship

AbstractWhat is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral significance. A relational account promises to justify a limited conception of state sovereignty while avoiding the familiar cosmopolitan criticisms of statist accounts.

scholarly journals STATE SOVEREIGNTY, INTERNATIONAL HUMAN MOBILITY AND HUMAN RIGHTS

2015 ◽  
Vol 12 (5) ◽  
pp. 198
Author(s):  
Luís Renato Vedovato ◽  
Samyra Haydêe Dal Farra Naspolini
Keyword(s):  
Human Rights ◽  
Human Mobility ◽  
The State ◽  
State Sovereignty ◽  
International Human Rights ◽  
The Past ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

International human mobility and human rights can be linked by the dinamogenesis theory. The State sovereignty isn’t the same it was in the past. The State can’t decide about the right to entry without consider international human rights treaties. The nationality has an important row in finding how dinamogenesis can modify the interpretation of the State sovereignty. The right to entry is built in the evolution of human rights. Now State has no more the discretion to decide who can enter its territory, due to dinamogenesis and human rights.

In the House of the Hangman One should not Mention the Noose: Jewish Voice for Labour’s Attack on the Equality and Human Rights Commission

2021 ◽  
Vol 4 (2) ◽  
pp. 47-92
Author(s):  
Derek Spitz
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Labour Party ◽  
Left Wing ◽  
Bad Faith ◽  
The Third ◽  
Political Epistemology ◽  
Anti Jewish ◽  
Jeremy Corbyn ◽  
Do So

Abstract In May 2021 Jewish Voice for Labour (“JVL”) published a combative document entitled How the EHRC Got It So Wrong-Antisemitism and the Labour Party. The document criti­cises the Equality and Human Rights Commission’s October 2020 Report of its investiga­tion into antisemitism in the Labour Party. The Commission found the Labour Party responsible for antisemitic conduct giving rise to several unlawful acts in breach of the Equality Act 2010. In addition to its legal findings, it also made critical factual findings, identifying a culture of acceptance of antisemitism in the Labour Party, which suffered from serious failings in leadership, where the failure to tackle antisemitism more effectively was probably a matter of choice. The essence of JVL’s attack on the Commission’s Report is as follows. First, it is said that the Commission did not and could not lawfully investigate antisemitism as such; to the extent that it purported to do so, its findings of unlawfulness are purportedly meaningless. Secondly, JVL claims that the Commission made no finding of institutional antisemitism. Thirdly, by failing to require production of evidence referred to in a certain leaked report, probably prepared by Labour Party officials loyal to Jeremy Corbyn, the Commission is accused of nullifying at a stroke the value of its own Report as a factual account. Fourthly, JVL claims the Commission’s Report is not just legally unten­able, but purportedly a threat to democracy. Finally, JVL claims the Commission’s analysis was not just wrong, but that it exercised its statutory powers in bad faith. This article offers a response to each of the five pillars of JVL’s attack, all of which collapse under scrutiny. As to the first pillar, the article identifies the disappearing of antisemitism as the linchpin of JVL’s argument and shows how JVL’s criticism is underpinned by a political epistemology of antisemitism denialism. As to the second pillar, it shows that the absence of the term “institutional antisemitism” in the Commission’s Report is a semantic quibble. In sub­stance, the Commission found that the conduct under investigation amounted to institu­tional antisemitism. As to the third, the article demonstrates that JVL’s complaint about the Commission’s failure to call for production of the leaked report is perverse because that report constitutes an admission of the correctness of the complaints put before it. More­over, the Corbyn-led Labour Party itself decided that it did not want the Commission to consider that material. As to the fourth pillar, the article shows that far from being a threat to democracy, the Commission’s Report grasps the nettle of antisemitism denial. It con­cludes that continuing to assume and assert that Jews raising concerns about antisemitism are lying for nefarious ends may itself be, and in at least two cases was, a form of unlawful anti-Jewish harassment. As to the fifth, the article rebuts the extraordinary charge that the Commission exercised its powers in bad faith. Rather strikingly, neither JVL nor Jeremy Corbyn was willing to take the Commission on judicial review. The article concludes by considering how the poverty of JVL’s reasoning, coupled with the extravagance of its accu­sations, invites a symptomatic reading of Antisemitism and the Labour Party as a disap­pointing illustration of left-wing melancholia.

Peaceful Change in English School Theory

2020 ◽  
Author(s):  
Cornelia Navari
Keyword(s):  
Human Rights ◽  
Power Management ◽  
International Society ◽  
Great Power ◽  
State Sovereignty ◽  
English School ◽  
Security Community ◽  
The Third ◽  
Structural Determinant ◽  
Structural Conflict

The English School has made three contributions to the science of peaceful change: the inevitable conflict of order and justice; the necessity of Great Power management of peaceful change; and regional orders as the locus of peaceful change. The first refers to a structural conflict between state sovereignty and human rights and also serves as the parameters of a discourse on ethical possibilities among sovereign states. The second—the requirement of Great Power management—is both an observation on the course of history and a structural determinant, arising from the gross inequalities among states. The third—the notion that regional international societies can be peacemakers—is not unique to the English School. Its contribution is that any region can be a form of international society with its own distinctive rules and adjudicative procedures, and that accordingly, any region is potentially able to become a “security community.”

scholarly journals The Implementation of Alternatives to Detention to Handle the Problems of Refugees in Indonesia

2019 ◽  
Vol 06 (01) ◽  
pp. 128-150
Author(s):  
Wicipto Setiadi ◽  
Mario Siagian
Keyword(s):  
Human Rights ◽  
Action Plan ◽  
The State ◽  
National Action Plan ◽  
Refugee Convention ◽  
Indonesian Government ◽  
The Third

In recent years, the numbers of refugees who transit in Indonesia are increasing. Since Indonesia is a state that upholds and respects human rights, the Indonesian government has an obligation to provide the best treatment and protection for refugees while they settle in the Indonesian territory. One of responsibilities of the state for these refugees is to implement programs that are alternatives to detention through the National Action Plan Beyond Detention 2014-2019. After the issuance of the Action Plan, the Indonesian government has collaborated with UNHCR and IOM to implement alternatives to detention in Indonesia. The alternatives are to provide care and the best protection for refugees living in the Indonesian territory. Refugees have to live in Indonesia temporarily because of various factors from the third countries. They have to stay for a while without a clear period until they are transferred to a third country of settlement. There are various problems in determining alternatives to detention in Indonesia. This paper aims to analyze and examine the policy of handling the problem of refugees in Indonesia since Indonesia has not ratified the Refugee Convention 1951.

scholarly journals The Ramifications of Reservations to Human Rights Treaties

2020 ◽  
Vol 8 (1) ◽  
pp. 150-165
Author(s):  
Lara Mullins
Keyword(s):  
Human Rights ◽  
International Law ◽  
The United States ◽  
The State ◽  
State Sovereignty ◽  
Political Climate ◽  
European Court ◽  
Human Rights Treaties ◽  
Conservative Values

This paper discusses the legal ramifications of reservations to multilateral human rights treaties. It examines the approach of the International Court of Justice (ICJ), compared to that of the European Court of Human Rights (ECtHR), in light of the general practice in international law relating to reservations and the International Law Commission’s commentary. The paper then discusses the scope for change and growth, given the nature of the two different approaches. Once it has set out the current law it describes the role of the evolving moral, social and political climate in society and the effect that it has on the conversation around human rights and treaty reservations. It answers three main questions around reservations: first, whether reservations are allowed; second, the conditions under which they are allowed; and third, if reservations are not allowed, whether the invalid reservation cancels a party’s membership of the treaty. Having answered these three questions, the paper draws to the conclusion that, ultimately, for international law to continue to be effective, state sovereignty must be given the utmost respect and importance in relation to reservations. With the current polarisation of the political climate, as is evidenced by the traditionally liberal states’ leaning towards conservative values, as in Britain and the United States, a push by the ECtHR to sever reservations from treaties and still bind the state will only alienate key players from the international stage. At face value, one may be inclined to think that the stringent protection of human rights values and limiting the reservations to such values is beneficial but, in reality, this would make participation in the international framework unappealing to states as their sovereignty would be infringed. Therefore, the ICJ’s approach is advantageous as it understands the role of reservations in achieving participation and it also understands the state practice element. Thus, in line with the ILC commentary and the ICJ’s judgements, the ECtHR’s recent rulings will not become the international law norm and state sovereignty with respect to reservations will continue to prevail.

15. Criminology, punishment, and the state in a globalized society

2017 ◽  
Author(s):  
Katja Franko
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Law ◽  
The State ◽  
International Terrorism ◽  
State Sovereignty ◽  
Nation State ◽  
Transnational Organized Crime ◽  
Global Issues ◽  
The Impact

Questions of criminal law and criminal justice are increasingly becoming international, overcoming the confines of traditional jurisdictional constraints. This chapter traces these developments in order to examine what relevance criminology has had and may hold for understanding contemporary global issues. It examines, among other things, the impact of global interconnectedness on the nature of state sovereignty, particularly in light of challenges such as international terrorism, irregular migration, and transnational organized crime. By doing so, the chapter does not simply chart a demise of the state, as is sometimes assumed within studies of globalization. Instead, it proposes a more subtle, analytical and imaginary disconnection between crime, penality, and the nation state. Finally, the chapter addresses the rise of international forms of justice, particularly those articulated through human rights regimes, as well as the emerging challenges to them.

Citizenship and the Right to Leave

1981 ◽  
Vol 75 (3) ◽  
pp. 636-653 ◽  
Author(s):  
Frederick G. Whelan
Keyword(s):  
Human Rights ◽  
Special Reference ◽  
The State ◽  
Fundamental Rights ◽  
State Sovereignty ◽  
Individual Liberty ◽  
Philosophical Perspective ◽  
Liberal Tradition ◽  
Classical Liberal ◽  
The Right

The right to leave one's country, in conjunction with the right to change one's nationality, both of which are proclaimed in the Universal Declaration of Human Rights (1948), are examined in historical and philosophical perspective and with special reference to their implications for a theory of citizenship. These rights are novel elements in enumerations of fundamental rights, at variance with traditional conceptions of state sovereignty and with the practice of many slates, past and present. They are also rights which have not frequently been defended, and have often been denied, by political and legal philosophers, many of whom have defended stronger ties of allegiance and obligations between the citizen and the state than is evidently implied by the human rights doctrine. These rights are clearly grounded in basic liberal values of individual liberty and voluntarism; however, they represent extensions of these values beyond what was usually acknowledged in the classical liberal tradition.

Russia's legal sovereignty claim will lose it trust

2020 ◽  
Keyword(s):  
Human Rights ◽  
The State ◽  
State Sovereignty ◽  
The Internet ◽  
Damage Awards ◽  
Content Type ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Vladimir Putin ◽  
Do So

Significance President Vladimir Putin couches the change in the language of human rights protection, but the aim is to protect the state from politically unwelcome rulings and costly damage awards. Impacts Legal sovereignty is part of broader isolationist efforts that include nationalising the internet and banking transfer systems. Russia will use legal language to justify its 'invited' presence in Syria and de-legitimise that of others. Nearer home, Russia ignores the state sovereignty rights of Georgia, Moldova and Ukraine and may do so with others.

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