scholarly journals IMPORTANCE OF EURO-ATLANTIC INTEGRATION: DEMOCRACY, SECURITY AND ECONOMIC DEVELOPMENT

2021 ◽  
Vol 2 (3) ◽  
pp. 1-7
Author(s):  
Gia Zoidze
Keyword(s):  
Rule Of Law ◽  
International Organizations ◽  
Security Sector ◽  
Black Sea Region ◽  
The Rule Of Law ◽  
Effective Governance ◽  
Corporate Security ◽  
Security Issues ◽  
Governance Systems ◽  
Reduction Of Uncertainty

The article overviews that international organizations play an important role in managing and reforming the security sector. These organizations provide expertise, advice, and knowledge enhancements on security issues; Trainings on financial capacity building issues; Programs and projects on important topics such as technical skills development, security sector management, oversight and conscientiousness. In recent times, a number of studies have been devoted to the prospects of NATO-Georgia relations and its deepening. There are always conversations about the reasons why Georgia needs to join Euro-Atlantic Alliance. However, in this regard, Georgia first needs to give NATO member states some important reasons why they would benefit from Georgia's membership in Euro-Atlantic Alliance. The main reason for this may be the fact that without a secure and stable Black Sea region, the security and stability of Europe is inconceivable. According to the author of the article, the process of rapprochement and eventual accession to NATO, in addition to guaranteeing security, promotes and improves the institutional framework of the economy, the rule of law, effective governance systems, corporate security, and the reduction of uncertainty and externalities, which, in turn, provides stability, reduces political risk, facilitates foreign direct investment and trade. Consequently, liberalizing the country's economy and shifting to market principles reduces social pressures, ensures increased prosperity and the accumulation of wealth. As a result, society becomes more protected and less vulnerable when it comes to various types of external and internal shocks.

Part I Introduction, Ch.2 International Organizations and International Law

2016 ◽  
Author(s):  
Peters Anne
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
State Of The Art ◽  
Legal Environment ◽  
Access To Information ◽  
Legal Scholarship ◽  
The Rule Of Law ◽  
Procedural Law ◽  
The Law

This chapter provides an overview of the state of the art of legal thought about the international organizations (IOs) as legal entities in a legal environment. IOs are legal communities in a threefold sense: they are created by law, they use law as a means of governance, and they should be governed by the rule of law. Accordingly, international law constitutes, enables, and constrains IOs. The chapter shows that legal scholarship until the 1990s was primarily concerned with the constituting and enabling function of the law (thus securing the effectiveness of IOs), while the more recent legal concern is the constraining function of the law (thus improving the accountability of IOs). In the procedural law of organizations, a tryptichon of accountability procedures has been built: transparency, participation, and access to information.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

How to Reform the UN System? Constitutionalism, International Law, and International Organizations

1997 ◽  
Vol 10 (3) ◽  
pp. 421-474 ◽  
Author(s):  
Ernst-Ulrick Petersmann
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
Dispute Settlement ◽  
Constitutional Theory ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Wto Dispute Settlement ◽  
International Constitutionalism ◽  
Gatt 1947

The UN system requires far-reaching changes so as to achieve the objectives of the UN Charter (e.g. with regard to human rights and maintenance of peace) more effectively. European integration law suggests that ‘international constitutionalism’ offers the most effective approach for strengthening the rule of law and peaceful cooperation among democracies. Section 2 outlines basic principles for a constitutional theory of international law. Section 3 discusses the difficulties of ‘constitutionalizing’ the state-centered and power-oriented concepts of the UN Charter. Section 4 explains why the successful Uruguay Round strategy for replacing the old GATT 1947 by the new World Trade Organization (WTO) – notably the ‘package deal negotiations’, the incorporation of other worldwide treaties into WTO law and the mandatory WTO dispute settlement and enforcement systems – offer important lessons for the needed reforms of the UN Charter.

scholarly journals The Rule of Law and Security Sector Reform

10.5334/bbp ◽  
2012 ◽  
Author(s):  
Christoph Bleiker ◽  
Marc Krupanski ◽  
Keyword(s):  
Rule Of Law ◽  
Security Sector Reform ◽  
Security Sector ◽  
Sector Reform ◽  
The Rule Of Law

scholarly journals THe Rule of Law in the «Staatsrecht»: Terminology and Content

2016 ◽  
Vol 3 (4) ◽  
pp. 9-14
Author(s):  
V E Chirkin
Keyword(s):  
Content Analysis ◽  
Rule Of Law ◽  
International Organizations ◽  
Western Europe ◽  
Special Role ◽  
The Rule Of Law ◽  
Slavic Languages ◽  
Linguistic Methods ◽  
Legal Force

Article is based on the study of documentary materials. Although the terminology is inseparable from content the article discusses mainly terminological side of the phenomena. Using comparative, linguistic methods, content analysis, the author examines terminology used in British, French, German, some other constitutions, including the сonstitutions in Slavic languages, other legal acts, international documents to refer to the concepts of «state of law» and «rule of law» (sometimes also used the term «rule of law»), show- ing the differences in the origin, content and meaning of these phrases in Russian, some other Slavic languages, and other languages in Western Europe. The article listed the shortcomings of some terms, limit the content of the rule of law concept by higher legal force of the Constitution, the constitutionality, legality or the special role of the law in the system of sources of law. The author examines the definitions of «rule of law», which given some credible international organizations offers clarification of these definitions.

International Legal Cooperation between Kosovo and Other States and Organizations

2018 ◽  
Vol 43 (3) ◽  
pp. 314-330
Author(s):  
Hajredin Kuçi
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
International Organizations ◽  
Union Member ◽  
Ad Hoc ◽  
The European Union ◽  
The Rule Of Law ◽  
Cross Border ◽  
Post War ◽  
European Union Member States

Building a rule-of-law-based democracy is a challenge for post-communist and post-war societies. Rule of law is a priority for these societies and also one of the membership criteria required by international organizations, in particular the European Union. As such, an aspiring country like Kosovo has to face the challenge of building a legal system that is compatible with that of the European Union member states while also developing its legal cooperation with other countries. Through international legal cooperation, countries strengthen the fight against criminal actions that are punishable in all modern states and also exchange experience in combating cross-border crime, trafficking, corruption, terrorism, and other violations of criminal law. In this regard, Kosovo faces many challenges in the field of international legal cooperation, not only with regard to those missions operating in Kosovo itself (such as EULEX, UNMIK, etc.), but also with other international organizations, especially due to Kosovo’s lack of membership in them. Another challenge is cooperation with countries that have not yet recognized Kosovo as a state. This article emphasizes the efforts made by Kosovo’s institutions to engage in international legal cooperation as one of the prerequisites for building the rule of law at home. The main issues tackled in the article are how these problems are addressed in practice, which obstacles arise, what the ad hoc means are of engaging in international legal cooperation, and what the specificities and prospects are for Kosovo’s international legal cooperation. As such, the aim of the article is to examine some of the legal peculiarities and uncertainties that have been created over the years as the result of limitations on Kosovo’s international personality and to consider innovative means to ensure Kosovo’s legal cooperation with other countries.

Tiptoeing through the Tripwires: Recent Developments in Jurisdictional Error

2016 ◽  
Vol 44 (3) ◽  
pp. 467-503
Author(s):  
Aaron Moss
Keyword(s):  
Rule Of Law ◽  
Future Development ◽  
Judicial Review ◽  
Common Law ◽  
Decision Makers ◽  
The Rule Of Law ◽  
Effective Governance ◽  
Recent Developments ◽  
Academic Publications ◽  
Do So

Australian administrative law's continuing emphasis on the concept of jurisdictional error is increasingly unique amongst common law jurisdictions. This paper argues that recent developments in Australian jurisprudence have provided little guidance for administrative decision-makers, who are left ‘tiptoeing through the tripwires’ of judicial review. Combining a detailed analysis of primary decisions, academic publications and historical scholarship, this paper suggests that this lack of guidance is the result of a widespread judicial reluctance to engage with either the guidance or educative roles of judicial review. As this paper demonstrates, failure to do so encourages uncertainty, unpredictability and a general lack of clarity which inhibits judicial review's ability to guide decision-makers and contribute to the maintenance of effective governance, administrative justice, and the rule of law in Australia. Particular attention is given to the decisions of Minister for Immigration and Citizenship v Li, Plaintiff M61/2010E v Commonwealth, and NBMZ v Minister for Immigration and Border Protection, which together encapsulate many of the most problematic aspects of recent jurisprudence. To avoid these consequences, this paper calls on senior judges and commentators to articulate a clearer framework which will be applied to guide the future development of the doctrine of jurisdictional error.

scholarly journals La crisis del Estado y la reconstrucción del Estado de Derecho en las organizaciones regionales de integración de estados = The crisis of the State and the reconstruction of the rule of law in regional supranational organization

2013 ◽  
pp. 279
Author(s):  
Antonio Colomer Viadel
Keyword(s):  
Latin America ◽  
Rule Of Law ◽  
International Organizations ◽  
Regional Integration ◽  
Fundamental Rights ◽  
Political Organization ◽  
The Political ◽  
National State ◽  
The Rule Of Law ◽  
Legal Restriction

El Estado ha supuesto una de las organizaciones políticas más complejas de la historia política y en su dimensión constitucional un instrumento eficaz para la garantía de los derechos y la limitación jurídica del poder en la forma de Estado de Derecho. Viene, hace tiempo, considerándose que el Estado nacional se encuentra en crisis y un factor de aceleración de esta crisis ha sido el fenómeno de la globalización y la dimensión planetaria de los problemas y el protagonismo de nuevas organizaciones internacionales. Al mismo tiempo las organizaciones supranacionales de integración de Estados han sido un instrumento para la mejor inserción en el nuevo orden jurídico internacional y posiblemente desde ellas se tendrán que realizar los principios, valores y garantías del Estado de Derecho y su proyección social y democrática. En este sentido es especialmente significativo el análisis comparado de los procesos de integración en Europa y en América Latina.The State has became one of the most complex political organization in the political story and an important instrument for social and regional integration in to safeguard fundamental rights, in addition to a legal restriction of power according to the rule of law. National State is in crisis as a result of globalization, the problems scale and the new leading rule of international organizations. At the same time supranational organizations in this new international juridical order, will have to face up to principles, warranties and values of a democracy under the rule of law. This is the point in which we consider . why this debate about European and Latin America is so important.

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