scholarly journals Procedural unconstitutionality and illegality of Prespa Agreement

2020 ◽  
Vol 57 (4) ◽  
pp. 1193-1225
Author(s):  
Dejan Saveski
Keyword(s):  
International Law ◽  
Fundamental Rights ◽  
Self Determination ◽  
Vienna Convention ◽  
International Agreement ◽  
Legal Norms ◽  
Republic Of Macedonia ◽  
Introductory Part ◽  
The Republic ◽  
Right Of Self Determination

The Prespa Agreement signed on June 17, 2018, which changed the constitutional name of the Republic of Macedonia, is a precedent on international law. In the procedure of his conclusion, ratification, and execution were committed serious violations of procedural rules. Although the violations that this agreement produces are numerous, and with different nature, the focus of this paper is on procedural violations. The Prespa Agreement also has a lot of substantial mistakes which is in confrontation with the Constitutional, and the international law because the Prespa Agreements provisions derogate some essentially fundamental rights as a right of self-determination. But this paper is focused only on fundamental violations of legal norms that prescribes the procedure for promulgation of the Prespa Agreement - the process of negotiation, conclusion, ratification, and publishing. The process of negotiating, signing and ratifying the Prespa Agreement is followed by flagrant violations of the constitutional norms, statute norms, and the norms of the Vienna Convention on the Law of Treaties in the part that regulates the issue of persons who was competence for adopting an authenticating the text of a treaty. Besides the introductory part and historical introduction to the genesis of the problem, the focus of this paper is the procedure of negotiating, concluding, and ratifying the Prespa Agreement. The procedural aspects of the referendum on the Prespa Agreement will be elaborate in the part called “negotiation and conclusion of international agreement” because, by the time being, this referendum was issue notice after the conclusion phase and before ratification.

scholarly journals KOSOVO STATUS ACCORDING TO STUDENTS OF THE UNIVERSITY OF ZAGREB AND THE UNIVERSITY OF BELGRADE

2020 ◽  
Vol 18 (1/2020) ◽  
pp. 201-219
Author(s):  
Wiktor Hebda
Keyword(s):  
International Law ◽  
Political Science ◽  
Global Scale ◽  
Self Determination ◽  
Declaration Of Independence ◽  
The Republic ◽  
The Right ◽  
The University ◽  
Right Of Self Determination

Kosovo independence still remains a key issue on a global scale. In simple terms, there are two contradictory stands on the sovereignty of Kosovo. According to the first one, Kosovo declaration of independence is illegal due to the breach of international law and the constitution of the Republic of Serbia of 2006. Meanwhile the second stand proves that unilateral Kosovo declaration of independence was legal since Kosovo Albanians are fully entitled to the right of self-determination. The following paper presents an opinion on Kosovo independence expressed by the students of the Faculty of Political Science at the University of Belgrade and the University of Zagreb – two most important universities in Serbia and Croatia. The results presented in the paper are based on the survey carried out by the author in 2013.

Self-Determination and Territorial Integrity: Southern Cameroons and the Republic of Cameroun

2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Third World ◽  
Self Determination ◽  
Territorial Integrity ◽  
Present Issue ◽  
The Republic ◽  
The Relationship

African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa.

scholarly journals Nieważność i wygaśnięcie konkordatu polskiego z 1993 r.

2020 ◽  
pp. 43-62
Author(s):  
Paweł Borecki
Keyword(s):  
Catholic Church ◽  
Vienna Convention ◽  
International Agreement ◽  
Holy See ◽  
The Public ◽  
Political Reality ◽  
Legal Situation ◽  
Polish Society ◽  
The Republic ◽  
The Government

From time to time, there is a proposal in the public debate in Poland to break the 1993 concordat, and this has also recently been the case. However, in the current systemic and political reality of contemporary Poland, the issue of the invalidity or expiry of the Polish concordat is one purely for theoretical (academic) discussion. It is worth analyzing this through the prism of the Vienna Convention on the Law of Treaties of 1969 and the Constitution of the Republic of Poland of 1997. The only hypothetical grounds for an annulment of the 1993 Concordat would be the allegation that it was concluded in violation of Art. 46 of the Vienna Convention, i.e. in breach of the rules of national law concerning the competence to conclude a treaty of fundamental importance. The Government of the Republic of Poland did not raise this objection within a reasonable time. There are also no circumstances that could constitute obvious reasons for considering the Polish concordat of 1993 as expired. One might try to defend the position that the concordat may be terminated unilaterally, despite the fact that it does not contain an appropriate clause in this regard. It can be compared to a friendship treaty. Such contracts are, by their very nature, subject to termination. It also seems that if need be, the Polish side might be able to terminate the concordat due to a fundamental change in circumstances, e.g. by referring to the rapidly progressing secularization process of Polish society. A very serious barrier to the termination of the concordat by the Polish side is the Constitution of the Republic of Poland of 1997. In Art. 25 sec. 4 it provides for the obligation to define the relations between the state and the Catholic Church, especially in the form of an international agreement with the Holy See. The hypothetical termination of the 1993 concordat would require prior appropriate amendment of Poland’s constitution and the consent of a number of state bodies. In the current legal situation in Poland, the termination of the treaty with the Vatican is very difficult in procedural terms, and is politically unrealistic.

Between Anglophone and Francophone Cameroon

2021 ◽  
pp. 1-43
Author(s):  
E. H. Ngwa Nfobin ◽  
Nchotu Veraline Nchang Minang
Keyword(s):  
International Law ◽  
Self Determination ◽  
The Republic ◽  
The Government ◽  
Political Scene

Abstract In 2016, the reputation for stability of the Republic of Cameroon, a state made up of Francophones that constitute the majority (three quarters of the population of 25000000) and Anglophones that constitute a minority abruptly came an end when Anglophone secessionists took up arms to fight for the independence of the former Southern Cameroons. It was no surprise to keen observers of the Cameroon political scene in the last decades, If the government of the day is determined to give what it will take to keep the country united, the secessionists are equally convinced of the rectitude of their cause which they base on the principle of self-determination in international law, contesting the legality of the UN-organised plebiscite of!961 that led to the Reunification of the country. This paper assesses the legality of the claims of the protagonists for better information of all the stakeholders in the ongoing conflict..

‘What, Then, of the Land’?: Territoriality, International Law, and the Republic of New Afrika

2020 ◽  
pp. 1-22
Author(s):  
Sam Klug
Keyword(s):  
African American ◽  
International Law ◽  
International Society ◽  
National Development ◽  
Self Determination ◽  
Sovereign State ◽  
Legal Personality ◽  
The Republic ◽  
Postcolonial States ◽  
International Legal Personality

Abstract This article charts how African American appeals to international law shifted away from a politics of petition to a politics of sovereignty with the growing influence of postcolonial states in international society and the UN’s recognition of a right to self-determination. Whereas earlier efforts by African-descended peoples in the Americas to gain a hearing before international bodies often required pushing the boundaries of international legal personality to include entities other than states, in the late 1960s and early 1970s a black nationalist group called the Republic of New Afrika (RNA) pursued international subjectivity in its traditional and fullest form: as a sovereign state. Examining the writings of RNA leaders, especially Imari Obadele, this article explores how the group’s claims for territory, reparations, and international subjectivity relied on international legal discourse about plebiscites, self-determination, and national development.

ANALYSIS OF IMMUNITY BASED ON THE VIENNA CONVENTION ON CONSULAR RELATIONS: WITHIN THE CONTEXT OF THE NATIONAL INTERESTS OF THE REPUBLIC OF UZBEKISTAN

2018 ◽  
Vol 4 (2) ◽  
pp. 441-455
Author(s):  
Nargiza Rashitovna Kadirova
Keyword(s):  
International Law ◽  
International Crime ◽  
Vienna Convention ◽  
National Interests ◽  
International Crimes ◽  
Domestic Courts ◽  
Different Types ◽  
The Republic

This article examines the extent to which state officials are subject to prosecution in foreign domestic courts for international crimes. We consider the different types of immunity that international law accords to state officials, the reasons for the conferment of this immunity and whether they apply in cases in which it is alleged that the official has committed an international crime.

scholarly journals Shaping Indigenous Self-Determination: Promising or Unsatisfactory Solutions?

2011 ◽  
Vol 13 (4) ◽  
pp. 413-436 ◽  
Author(s):  
Mauro Barelli
Keyword(s):  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Self Determination ◽  
Straightforward Manner ◽  
History Of ◽  
United Nations Declaration ◽  
The Right ◽  
Right Of Self Determination ◽  
Do So

AbstractThe right of peoples to self-determination represents one of the most controversial norms of international law. In particular, two questions connected with the meaning and scope of this right have been traditionally contentious: first, who constitutes a ‘people’ for the purposes of self-determination, and, secondly, what does the right of self-determination actually imply for its legitimate holders. Against this unsettled background, the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) affirmed, in a straightforward manner, that indigenous peoples have the right to self-determination. In light of the uncertainties that were mentioned above, it becomes necessary to clarify the actual implications of this important recognition. This article will seek to do so by discussing the drafting history of the provision on self-determination contained in the UNDRIP and positioning it within the broader normative framework of the instrument.

scholarly journals History of self-determination of the people of Donbass. experience of the Soviet Republic of Donetsk and Krivoy Rog

2019 ◽  
pp. 148-152
Author(s):  
Vladislav V. Gruzdev ◽  
Dmitriy A. Babichev ◽  
Natal'ya A. Babicheva
Keyword(s):  
International Law ◽  
Cultural Development ◽  
Self Determination ◽  
Political Status ◽  
The People ◽  
History Of ◽  
The Republic ◽  
The Right ◽  
Historical Past

The article is devoted to the burning problem that arose in 2014 in the Ukraine, in the regions of Lugansk and Donetsk, and that concerns the right of the people of Donbass to self-determination. This problem is not only of a local territorial nature, but it is also one of the most complex debatable problems of international law. Since the right to self-determination contradicts the principle of territorial integrity of the state, the consideration and solution of this issue is the most burning for the whole population living on the territory of the self-proclaimed people's republics of Lugansk and Donetsk. In the article, the authors analyse the concept of "self-determination of the people" and give a generalised characteristic of it, approving that it is the right of every nation to solve the issues of state structure, political status, economic, social and cultural development independently and at its own discretion. The author also examines the historical past of the people of Donbass, where, in terms of the Republic of Donetsk and Krivoy Rog and various documentary historical and legal materials, we come to the conclusion that the population of Donbass has the right to social, economic, cultural, spiritual and other development just as all the recognised countries of the world.

scholarly journals PRINCIPLES OF INTERNATIONAL LAW AND THEIR ROLE IN CONFLICT RESOLUTION IN KOSOVO AND CRIMEA. Part 2

2019 ◽  
Keyword(s):  
International Law ◽  
International Community ◽  
Self Determination ◽  
Local Authorities ◽  
Territorial Integrity ◽  
Legal Norms ◽  
Conflict Situations ◽  
History Of ◽  
Definition Of ◽  
The Right

The second part of the article considers the issue of the contradiction of the realization of the right to self-determination and the principle of territorial integrity of Serbia and Ukraine on the example of Kosovo and Crimea. It presents an analysis of the legitimacy of the will expression of Kosovars and Crimeans and its compliance with the norms of international law. The preconditions and factors of the ethnopolitical conflict are examined and the main problematic issues that caused controversies between the central and local authorities in Kosovo and Crimea are identified. The article emphasizes that the result of the plebiscites in Kosovo (1998) and Crimea (2014) was the declaration of independence, denied by central authorities of Serbia and Ukraine and met with mixed reactions by the international community. The self-proclaimed republics have only external features of statehood and are subject to external administration of other countries. A latent opposition of geopolitical opponents in the international arena is noted, which is to some extent traced through the position on the recognition / non-recognition of Kosovo and Crimea. The article draws attention to the fact that inconsistent interpretations of certain principles of international law promote secession movements in countries where conflicts periodically arise between central and local authorities. The emphasis is placed on the necessity of a clearer definition of the aforementioned international legal norms and obligations undertaken by subjects of international law. The article holds that in order to avoid such situations as in Kosovo or Crimea, to eliminate conflicts related to the possibility of an ambiguous interpretation and application of the principles of international law, an internationally recognized system of more stringent and comprehensive measures should be introduced to cease and prevent threats to the territorial integrity of countries. A strong position of the international community on the abovementioned principles with the history of the liberation movements of these peoples taken into account should become the measure precluding the aggravation of conflict situations related to the aspiration of peoples for self-determination.

scholarly journals WTO AGREEMENTS: WAYS OF INTERPRETATION

2021 ◽  
Vol 117 (4) ◽  
pp. 17-25
Author(s):  
TYSHCHENKO Yuliia
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Legal Interpretation ◽  
International Treaties ◽  
Historical Interpretation ◽  
Theoretical Methods ◽  
Legal Norms ◽  
Trade Relations ◽  
Teleological Interpretation ◽  
Wto Agreements

Background. The most of the world’s trade relations are governed by uniform rules that form the legal basis of the WTO. Member states sometimes have different understanding of the content of their rights and obligations, which are in the WTO agreements. This gives rise to controversy between them. To reduce the number of disputes between states, they should use uniform ways of interpreting WTO agreements. Analysis of recent research and publications has revealed that the interpretation of WTO legal sources has not been the subject of a separate study, therefore, requires clarification. The aim of the article is to identify and theoretically comprehend the main ways of interpreting the WTO agreements. Materials and methods. The set of general scientific and special methods of scientific research is chosen as the methodological basis. Results. WTO law consists of legal norms and the general rules of interpretationof the theory of law are applied to clarify their meaning. The legal sources of the WTO are the sources of public international law. Therefore, for the interpretation of the norms of this organization, the methods of international law are primarily used. The main source of rules for the interpretation of international treaties is the 1969 Vienna Convention on Treaties. The Agreement on the Rules for the Settlement of Disputes specifies that the usual rules of interpretation of international law are applied to clarify the rules of WTO agreements. Thus, for the interpretation of WTO agreements, the rules enshrined in the Vienna Convention and other methods of interpretation used in international law are applied. Articles 31, 32 of the Convention provide for such methods of interpretation as textual, teleological interpretation, clarification of the meaning of the term of the contract by establishing the intentions of the participants and historical interpretation. It is worth adding to the list of ways of interpreting WTO law such general theoretical methods as logical, systematic, special legal interpretation, etc. Conclusion. So, the methods of interpretation of the WTO agreements include textual, teleological, historical interpretation, the interpretation of norms by clarifying the intentions of the parties to the treaty, as well as general theoretical methods of interpretation. Keywords: legal interpretation, methods of interpretation, textual, teleological, historical interpretation, intentions of the parties, WTO agreements.

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