scholarly journals PROBLEMS OF UNREGULATED POLITICAL STATUS OF TERRITORIES AS A FACTOR OF DEEPENING CONTRADICTIONS IN INTERNATIONAL RELATIONS

2021 ◽  
Vol 51 (2) ◽  
pp. 74-81
Author(s):  
Miroslav Dnistrianskyi ◽  
Galina Kopachinska ◽  
Nataliya Dnistrianska
Keyword(s):  
Legal Status ◽  
Political Conflict ◽  
The Self ◽  
Arab State ◽  
Political Status ◽  
Political Conflicts ◽  
The North ◽  
The Status ◽  
Border Conflicts ◽  
The Creation

All international conflicts regarding unregulated political status of territories, despite the variety of their types, can be united by the lack of legitimate power in different parts of the earth's surface or the desire to establish such power. In order to differentiate all the conflicts regarding international legal unregulated political status of the territories according to their origin the following types can be proposed: 1) conflicts that arose as a result of the forcible annexation of territories, the incorporation of which is not recognized by the international community; 2) conflicts that arose due to the creation of the self-proclaimed states in the territories controlled by the occupation regimes; 3) conflicts that arose due to the creation of the self-proclaimed states as the result of domestic crisis reasons, but with the participation of foreign policy factors; 4) conflicts over disputable border areas and islands; 5) conflicts regarding political claims to dependent countries under the control of other states; 6) latent conflicts over claims on land and water areas, which according to international conventions should not be extended to the sovereignty of any state; 7) the Middle East conflict due to non-compliance with the decision of the UN General Assembly of 1947 on the establishment of a sovereign Arab state. The conflict over the legal status of Palestine and the there solution of the so-called self-proclaimed states are the main issues of geopolitical controversy among the various types of conflicts. The conflict-generating potential regarding disputes over control independent countries is much smaller today. Interstate border disputes mostly concern the status of individual islands. In order to avoid new conflicts, the UN needs to strengthen the status of Antarctica and the areas adjacent to the North Pole, making them as a neutral demilitarized territory, which can not be extended to the sovereignty of individual states. The greatest concentration of conflicts regarding the international legal unregulated political status of the territories is connected with the contradictions in the collapse of the USSR and in thein completeness and disorder of decolonization. Thus, the resolution of territorial and political conflicts requires the UN Security Council and international law modernization and reform, paying much attention to the conditions and circumstances of state and political self-determination, as well as the realization of effective sanctions in the case of annexation of territories. Among the various types of conflicts related to the international legal unresolved political status of territories, the main nodes of geopolitical controversy are Russia's occupation of Crimea and part of Donetsk and the conflict over the state status of Palestine and resolving the problems of so-called self-proclaimed states. its influence in the post-Soviet space. Key words: territorial-political conflict, types of conflicts concerning international legal unregulated status of territories, self-proclaimed states, border conflicts, status of Antarctica and Arctic.

International Law and its Impact on The Hijaz

The Hijaz ◽  
2018 ◽  
pp. 155-204
Author(s):  
Malik R. Dahlan
Keyword(s):  
Legal Status ◽  
The Self ◽  
Self Determination ◽  
Holy See ◽  
The Status ◽  
Unique Approach ◽  
The Difference ◽  
Nuanced Understanding ◽  
The Right ◽  
The Impact

Chapter 6 is an international legal examination of the status of The Hijaz in the aftermath of its conquest and absorption into a Saudi personal union. It discusses the impact of the 1933 Montevideo Convention on the Rights and Duties of States as well as the Territorial Principle. The Chapter tackles the legal question of secession and warns against the pitfalls of the ‘Self-Determination Trap’. It draws lessons from the difference between involuntary extinction of states as opposed to their creation. By looking at the cases of Czechoslovakia and Quebec it tackles the issue of ‘the Right to Secession by Agreement’. The Chapter reflects on lessons from Scotland, Catalan and Kurdistan highlighting that The Hijaz presents us with a delicate and nuanced understanding of ‘Internal Self-Determination’ and ‘Autonomy’ establishing, de facto, an international legal status of “Self-Determination Spectrum Disorder”. A special status calls for an active and special legal solution. The notion of a broader integrative role for The Hijaz and the broader Islamic world. The potential integrative institutionalization of The Hijaz is investigated bringing to bare a unique approach to self-determination that would entail coupling autonomy with international territorial administration. The propositions under this Chapter are supported by looking at other sui generis entities such as the Holy See being sovereigns without being states.

scholarly journals Aperçu du statut des Territoires du Nord-Ouest et du Yukon en droit constitutionnel canadien

2005 ◽  
Vol 29 (3) ◽  
pp. 599-636
Author(s):  
Dominique Melançon
Keyword(s):  
Northwest Territories ◽  
Legal Status ◽  
Prime Minister ◽  
Western Region ◽  
Native Population ◽  
Basic Principles ◽  
Governmental Organization ◽  
Political Autonomy ◽  
The North ◽  
The Status

The 1987 Constitutional Accord between the prime minister and the ten provincial premiers has caused discontent amongst the Northwest Territories and Yukon governments. They object to various elements in the Accord which do not confer on them rights identical to those of the provinces, to other elements which are likely to affect their future political evolution and to the fact that the Accord was concluded without their participation. By challenging the Accord before the courts, they have drawn national attention to their status within Confederation. Furthermore, some progress in the status of the Territories was made by the signing of a boundary and constitutional agreement by the Constitutional Assembly of the Western Region and that of Nunavut in Iqaluit on January 15, 1987 for purposes of dividing the Northwest territories. Although the agreement could not be ratified by referendum, it contains the basic principles for guiding the drafting of respective constitutions for the two new entities that will be created. Within the framework of recent events, the author first presents the main stages in the evolution of governmental organization in the Territories and then goes on to analyse their present legal status. This study makes it possible to see if recent evolution will cause the territorial governments increasingly to resemble provincial governments. Nonetheless, in many ways they still remain in a state of dependency vis-à-vis federal authorities. In conclusion, the author observes that the evolution of the Territories with regard to legislative and executive powers and bodies does not mean that they will necessarily obtain provincial status. Their accession to greater political autonomy could possibly become a reality by the implementation of original solutions, distinct from those of southern Canada and better adapted to the specific needs of the North and its important native population.

scholarly journals DISCUSSION ON THE STATE AND LEGAL STATUS OF THE CRIMEAN ASSR (1921–1945)

2021 ◽  
Vol 7 (73) (3) ◽  
pp. 133-148
Author(s):  
V. V. Kharabuga ◽  
V. A. Afanasyev
Keyword(s):  
Legal Status ◽  
Political Conflict ◽  
Convincing Evidence ◽  
Point Of View ◽  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
The Status ◽  
Long Time ◽  
Historical Basis ◽  
The One

For a long time, Crimea has been the place of a permanent ethnopolitical political conflict controlled from the outside, one of the components of which is the confrontation between the Russians, as an ethnic group and the other Slavic population of Crimea, on the one hand, and the Tatars of Crimea, on behalf of whom the extremist banned in Russia is trying to speak structure «kurultai-mejlis». The argumentation of the hypothesis designed to confirm the myth about the national (Tatar) character of the Crimean ASSR is presented. The analysis of argumentation suggests that the hypothesis is not supported by convincing evidence. More weighty should be considered the point of view that the Crimean Autonomous Soviet Socialist Republic in 1921–1945. was multinational-territorial autonomy. The discussion in Ukraine of the topic of changing the status of Crimea, turning it into national Tatar autonomy is carried out by the leaders and functionaries of the extremist organization «kurultai-mejlis» in the framework of the anti-Russian propaganda flow controlled from abroad and exploits the analyzed myth as the historical basis of its claims.

scholarly journals ON THE WAY TO STATE AUTONOMY: THE FIRST CONSTITUTION

2021 ◽  
pp. 156-177
Author(s):  
Е.И. КОБАХИДЗЕ
Keyword(s):  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
Independent State ◽  
Autonomous Region ◽  
Late Imperial ◽  
Political Status ◽  
The North ◽  
The Status ◽  
Legal Foundations ◽  
North Ossetia

В статье анализируется Конституция СОАССР 1937 г. как один из важнейших документов по Новейшей истории Северной Осетии, впервые определивший ее самостоятельный государственно-политический статус в качестве советской автономной республики в составе РСФСР. В поиске форм национального самоопределения Северная Осетия несколько раз меняла свой статус: будучи рядовой территориально-административной единицей в административной системе позднеимперской России, Осетия и после утверждения советской власти оказалась включена в окружную модель территориального устройства Горской АССР. Лишь после упразднения Горской республики Северной Осетии был придан статус автономной области в составе России с несколько расширенной административной самостоятельностью, хотя и довольно ограниченным объемом полномочий, распространявшихся преимущественно на хозяйственно-культурную сферу. Однако именно тогда Северная Осетия впервые сформировала собственные устойчивые и жизнеспособные органы власти и управления, деятельность которых регулировалась союзным и республиканским (РСФСР) законодательством. Новый этап развития североосетинской государственности пришелся на вторую половину 1930-х гг., когда новая Конституция СССР объявила ряд бывших национальных автономных областей, в том числе и Северо-Осетинскую АО, автономными республиками и предоставила им правовые основания для принятия собственных конституций, наделив их таким образом государственно-политическим статусом. Сравнительный анализ конституций СССР, РСФСР и СОАССР показывает, что организационно-правовые основы национальной государственности, закрепленные в конституции СОАССР, формулировались исходя из приоритета общесоюзной и российской конституций, хотя и с учетом местных особенностей. В то же время первая советская конституция Северной Осетии, принятая ее собственным законодательным органом и определяющая правовые основы политической автономии, ознаменовала завершение процесса становления национальной государственности Северной Осетии и открыла новую страницу ее социально-политической истории. The article analyzes the Constitution of the North Ossetian Autonomous Soviet Socialist Republic of 1937 as one of the most important documents on the recent history of North Ossetia, which firstly defined its independent state-political status as a Soviet autonomous republic within the RSFSR. In the search for forms of national self-determination, North Ossetia changed its status several times: being an ordinary territorial-administrative unit in the administrative system of late imperial Russia, Ossetia, even after the approval of Soviet power, was included in the district model of the territorial structure of the Mountain ASSR. Only after the abolition of the Mountain Republic, North Ossetia has got the status of an autonomous region within Russia with somewhat expanded administrative self-dependence, albeit with a rather limited scope of powers that extended mainly to the economic and cultural sphere. However, just then North Ossetia for the first time formed its stable and viable power and administrative institutions, the activities of which were regulated by union and republican (RSFSR) legislation. A new stage in the development of North Ossetian statehood fell on the second half of the 1930s, when the new Constitution of the USSR declared the granting of the status of autonomous republics to the former national autonomous regions, including the North Ossetian Autonomous Region, and provided them with legal grounds for adopting their own constitutions, and so endowed them of state and political status. A comparative analysis of the constitutions of the USSR, RSFSR and NOASSR shows that the organizational and legal foundations of national statehood, enshrined in the Constitution of the NOASSR, were formulated based on the priority of the all-Union and Russian constitutions, albeit taking into account local specifics. At the same time, the first Soviet constitution of North Ossetia, adopted by its legislative institution and defining the legal foundations of political autonomy, marked the end of the process of formation of the national statehood of North Ossetia and opened a new page in its socio-political history.

The Northern Homefront

2016 ◽  
Author(s):  
Nicole Etcheson ◽  
Cortney Cantrell
Keyword(s):  
Civil War ◽  
African Americans ◽  
Catholic Church ◽  
Legal Status ◽  
Total War ◽  
The North ◽  
The People ◽  
The Status ◽  
Work Family ◽  
The Impact

During the Civil War, the entire North constituted the homefront, an area largely removed from the din and horror of combat. With a few exceptions of raids and battles such as Gettysburg, civilians in the North experienced the war indirectly. The people on the homefront mobilized for war, sent their menfolk off to fight, supplied the soldiers and the army, coped without their breadwinners, and suffered the loss or maiming of men they loved. All the while, however, the homefront was crucially important to the course of the war. The mobilization of northern resources—not just men, but the manufacture of the arms and supplies needed to fight a war—enabled the North to conduct what some have called a total war, one on which the Union expended money and manpower at unprecedented levels. Confederate strategists hoped to break the will of the northern homefront to secure southern independence. Despite the hardships endured in the North, this strategy failed. On the homefront, women struggled to provide for their families as well as to serve soldiers and the army by sending care packages and doing war work. Family letters reveal the impact of the war on children who lost their fathers either temporarily or permanently. Communities rallied to aid soldiers’ families but were riven by dissension over issues such as conscription and emancipation. Immigrants and African Americans sought a new place in U.S. society by exploiting the opportunities the war offered to prove their worth. Service in the Union army certainly advanced the status of some groups, but was not the only means to that end. Nuns who nursed the wounded improved the reputation of the Catholic Church and northern African Americans used the increasingly emancipationist war goals to improve their legal status in the North. The Civil War altered race relations most radically, but change came to everyone on the northern homefront.

scholarly journals The Role of ECOWAS on Peace and Conflict Resolution in Nigeria and Gambia

2018 ◽  
Vol 12 (3) ◽  
pp. 55
Author(s):  
Isaac Terungwa Terwase ◽  
Olubukola S. Adesina ◽  
Gloria Samdi Puldu ◽  
Asmat-Nizam Abdul-Talib
Keyword(s):  
Political Conflict ◽  
Election Result ◽  
Political Conflicts ◽  
The North ◽  
Knowing That ◽  
Early Warning Mechanism ◽  
Peace And Conflict ◽  
Regional Community ◽  
Peace And Conflict Resolution ◽  
North And South

<p>This paper examines the issues that led to political conflicts in Nigeria and Gambia. The paper further explains the role ECOWAS played in the past in sustaining peace and security in the West African regional community. ECOWAS has been able to conduct peacekeeping in countries such as Liberia, Sierra Leon, and Coted’Ivoire. The methodology used is qualitative design. The work also used published works and internet sources for the purpose of data collection. The findings revealed that, the political conflict between the North and South led to increased security threats by the Boko Haram in Nigeria. In Gambia, the actions of President Jammeh who initially accepted election result, knowing that he was defeated and later rejected the outcome of the elections which led to apolitical conflict. Therefore, the paper recommends early warning mechanism to be employed in handling issues that may result into conflict.</p>

Self-Employed Labor — A New Form of Atypical Employment?

2021 ◽  
Vol 16 (12) ◽  
pp. 98-108
Author(s):  
N. V. Chernykh
Keyword(s):  
Social Insurance ◽  
Legal Status ◽  
The Self ◽  
Entrepreneurial Activity ◽  
Pension Scheme ◽  
Employment Contract ◽  
Self Employment ◽  
Labor Legislation ◽  
Wide Range ◽  
The Status

The paper raises the problem of the status of self-employment in the context of referring self-employment to the forms of exercising citizens’ right to freely choose their type of activity, analyzes the development of legislation regulating the self-employed. The author highlights uncertainty in the issue of classifying a self-employed as a subject of entrepreneurial activity. The paper examines the problem of the possible use of self-employment to bypass labor legislation in terms of hiring workers under an employment contract. The author dwells on her stance concerning the need to include norms on self-employed citizens in the RF Law of 19.04.1991 No. 1032-1 “On Employment in the Russian Federation”. With regard to the social security of the self-employed, the author concludes that in the process of improving the legislation, the self-employed should take some intermediate position between the employee under an employment contract, provided by all types of compulsory social insurance in accordance with federal legislation, and a business entity that receives such insurance upon voluntary entry in social insurance relations. Otherwise, non-inclusion of a fairly wide range of self-employed population in relations with the pension scheme and social insurance will lead to instability of their legal status in the future.

The First U.S. Transcontinental Railroad: Expected Profits and Government Intervention

2013 ◽  
Vol 73 (1) ◽  
pp. 177-200 ◽  
Author(s):  
Xavier Duran
Keyword(s):  
Market Failure ◽  
Investment Decision ◽  
Private Investment ◽  
Political Conflict ◽  
Political Conflicts ◽  
The North ◽  
Federal Subsidies ◽  
Transcontinental Railroad ◽  
North And South

Construction of the first transcontinental railroad, financed with large federal subsidies, is an important event in American history. Were the subsidies necessary to induce private investment in the railroad? The ex-ante investment decision examined uses contemporary reports and a simulation model to show that investors expected the railroad to be profitable. Evidence also shows that the railroad created political conflicts in Congress between the North and South. The secession removed the South as a disputant in Congress, reducing short-term political conflict but not long-term conflict. Subsidies reduced political risk, rather than transport market failure, and encouraged private investment.

scholarly journals Self-Employed Law – in the Context of Automation of Law Enforcement and Mechanization of Law

2020 ◽  
pp. 46-49
Author(s):  
Natalia Fedorovna Poryvaeva
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
The Self ◽  
Federal Law ◽  
Legal Norms ◽  
The Status ◽  
The Russian Federation ◽  
The Republic ◽  
Machine Readable ◽  
The City

The paper considers the federal law of November 27, 2018 No. 422-FZ “On conducting an experiment to establish a special tax regime” Tax on professional income” in the city of federal significance, Moscow, in the Moscow and Kaluga regions, as well as in the Republic of Tatarstan (Tatarstan)”, or shortly – the self-employed law, as a prototype of machine-readable law in Russia. The author draws conclu-sions about the role and influence of machine-readable law on the legal system as a whole, such as changes in the legal status of an individual, the so-cio-technical nature of machine-readable legal norms, the status of machine-readable legal norms, double interpretation, ways of developing machine-readable law in the Russian Federation, as well as simplifying procedures and requirements for sub-jects legal relations in the automation of law en-forcement.

What Is an Institution?

2007 ◽  
pp. 5-27 ◽  
Author(s):  
J. Searle
Keyword(s):  
Physical Structure ◽  
Necessary Condition ◽  
Collective Intentionality ◽  
Institutional Facts ◽  
Institutional Fact ◽  
The Status ◽  
The Creation ◽  
State Of Affairs ◽  
In Virtue Of ◽  
Typical Point

The author claims that an institution is any collectively accepted system of rules (procedures, practices) that enable us to create institutional facts. These rules typically have the form of X counts as Y in C, where an object, person, or state of affairs X is assigned a special status, the Y status, such that the new status enables the person or object to perform functions that it could not perform solely in virtue of its physical structure, but requires as a necessary condition the assignment of the status. The creation of an institutional fact is, thus, the collective assignment of a status function. The typical point of the creation of institutional facts by assigning status functions is to create deontic powers. So typically when we assign a status function Y to some object or person X we have created a situation in which we accept that a person S who stands in the appropriate relation to X is such that (S has power (S does A)). The whole analysis then gives us a systematic set of relationships between collective intentionality, the assignment of function, the assignment of status functions, constitutive rules, institutional facts, and deontic powers.

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