scholarly journals CONCEPTUAL THEORETICAL AND LEGAL FOUNDATIONS OF THE THEORY OF NATIONAL INTEREST

2021 ◽  
Vol 5 (74) ◽  
pp. 55-58
Author(s):  
B. Bidova

The analysis is based on a systematic and comprehensive theoretical and legal study of the legal provision of national interests. The study of its conceptual foundations in dialectical unity and interrelation of all aspects of this legal phenomenon is carried out. The conceptual theoretical foundations of the legal provision of national interests are defined, including the genesis, nature, concept, signs, essence and content of national interests, their classification and correlation with law, the model of legal provision of national interests is considered and characterized, including the stages of their awareness, formulation, coordination, formation and implementation by appropriate mechanisms, directions for its improvement.

Author(s):  
Ben Kei Daniel

Social capital is a complex multifaceted and litigious theory, discussed in the Social Sciences and the Humanities. It is a theory increasingly researchers questioned its scientific legitimacy and yet paradoxically many other researchers continuously use it as a conceptual and theoretical framework to explain the structural and functional operations of communities. This Chapter discusses work done on the theory. It covers some of the theoretical controversy with a goal of aligning its conceptualization and distinguishing it from other types of capitals. The Chapter is organized first the basic theoretical and conceptual foundations of social capital are described. The aim is to present the reader with a basic understanding of what constitutes social capital, by opening discussion about various forms of capital(s)—as discussed in the disciplines of Economics and Sociology. Second, the Chapter discusses the origin of the theory as well as the work of key scholars who have contributed to the development of the theory. Furthermore, in order to identify the strengths and the weaknesses of the theory, the Chapter provides the reader with analysis of benefits and shortcomings of social capital both as a theoretical and analytical tool for studying communities.


2020 ◽  
pp. 64-91
Author(s):  
Cedric Ryngaert

This chapter examines the variables that may determine the exercise of jurisdiction in the common interest. It inquires what explanatory variables determine the dependent variable of the (non-)exercise of jurisdiction in the common interest, based on actual jurisdictional practice of states. However, the chapter’s approach is also normative where it seeks to justify particular interest-based practices of jurisdiction or recommends reform. The author argues that, realistically, bystander states are only likely to exercise selfless jurisdiction if this also serves their national interests. However, he submits that this limitation of cosmopolitan action need not be regrettable. Instead, it could be justified from a normative perspective. In particular, the variables determining the (non-)exercise of universal criminal jurisdiction as well as the jurisdictional extension of domestic economic regulation are discussed to support the argument.


2020 ◽  
Vol 21 (1) ◽  
pp. 133-147
Author(s):  
M. Shcherbakovsky

A historical analysis of forensic techniques and forensic science emergence as scientific branches is outlined, their interconnection, differences are considered, the subject, object and structure are clarified. It is shown that criminalistics and forensic science are both separate and kindred scientific branches that have common historical roots. The author proves that the development and gradual separation of forensic science from criminalistics did not change the scientific, methodological, didactic foundations and structure of a forensic technique as a component of criminalistics. The structure of forensic technique and forensic science is suggested. The author presents the forensic technique modern structure in the form of the following sections: physical traces of crimes: types, classification, mechanism of formation; technical and forensic means and methods: classification, functional purpose; organizational and legal foundations of forensic support of offences investigation; means and methods of searching, recording, seizing, packaging and transporting traces of offenses; means and methods of preliminary investigation of offenses’ traces; information and reference support of offenses disclosure and investigation. Forensic science is represented in two parts: “General theory of forensic examination”, which includes theoretical provisions, doctrines inherent in all forensic fields, and “Methodological fundamentals  of certain types of forensic examinations”, which are the theoretical basis of certain forensic branches and are used for the development of methods for solving typical forensic tasks. The close connection and mutual influence of two scientific branches and types of activity are noted. The connection is manifested in the unity of theoretical foundations, methodological approaches to the study of objects and, partially, in the use of technical means. The development of new forensic methods affects the advancement and improvement of technical and forensic means of collecting physical traces of a crime. On the contrary, the emergence of  new types of crime traces necessitates the creation of appropriate typical forensic research methods.


The article contains a theoretical analysis of the personal component of individual experience, namely, its components, which most fully describe the features of its organization, are singled out. The analysis was based on the A.N. Laktionov individual experience concept, suggesting the presence of personal, social and mnemic components. During the consideration of the personal component, its analysis was made in three aspects: the interpretation of oneself, the interpretation of others, and the interpretation of the surrounding world. The components of the personal component of individual experience are meaningfully defined: in the aspect of self-interpretation, self-esteem, self-regulation and the Self-concept; in the aspect of interpreting others, the values and the Self-concept; in the aspect of the interpretation of the world - values and lifemeaning orientations. Each of the components separately considered in the framework of various concepts. As a result, a separate attention was paid to the theory: self-regulation by V. Morosanova; the meaning of the life of V. Frankl, supplemented by D. Leontiev; the Self-concept of V. Stolin and the values of S. Schwartz and W. Bilski. The concept of the the Self-concept was also proposed as a generalization of ideas about one’s own well-being as a representative characteristic of the personal component of individual experience, which was introduced due to the need to embrace the problem of dispersal of experience over time. Personal theories for their compliance with the characteristics of the study of personal experience, including both domestic and foreign, are considered. Facts are given that indicate that the integration of the concepts of Aysenck, Allport and Cattell could create one of the most relevant conceptual foundations for the study of personal experience. It was concluded that the most appropriate holistic theory, within which the personal component of individual experience can be investigated, is the theory of the Big Five, which, while fully describing the personality as a whole, makes a separate emphasis on the attitude of the person to his own experience.


2017 ◽  
Author(s):  
Jean Elvardi

Indonesia’s participation in international treaties can not be avoided in global situation, but it does not mean to exclude the national interest especially with regard the protection of Indonesian workers. The government must necessarily put the national interest as the main objective, and if the country is in unfavorable conditions even harming national interests, it should be evaluated or if necessary aborted.


Author(s):  
Dragan Novaković

Complex processes which enabled Albanians to gain full control over a unifi ed and centralized Islamic Community in the Socialist Yugoslavia are presented in this work. Islamic Community’s decision to align its organization with the state’s organization model provided by the Constitution and to establish its central bodies on the basis of equal representation of all council territories which coincided with the administrative boundaries of the republics of that time enabled the Albanians to obtain absolute majority in the bodies at the highest level. For years the established domination presented no problem because the Albanian representatives were cooperative and unwilling to challenge the supremacy of the Muslims, but when the disintegration crisis of the state began to unravel, it resurfaced with a dramatic twist. Abandoning its initial neutrality, the Islamic Community in the fi rst phase openly supported one side demanding disintegration of the state and in the second phase, breaking up of Serbia’s territorial integrity and creation of an independent Kosovo. These activities clearly indicate that the Albanian factor had acted premeditatedly when taking control of the Islamic Community as a whole and that it had taken advantage of favourable historical circumstances using the Islamic Community as a lever to pursue the projected national interests that were to be materialized through the fi nal status of Kosovo and Metohija.


2021 ◽  
Vol 22 (3) ◽  
pp. 73-88
Author(s):  
Darko Trifunović ◽  
Milica Ćurčić

The aim of this paper is a review of the conceptualization of national interest in the theoretical assumptions of realism. A review of the literature and its analysis provides an overview of the main findings of prominent realists who shaped the national interest and created a solid foundation for future research: Hans Morgentau, Raymond Aron, and Kenneth Waltz. Consequently, the scientific goals of this paper are to summarize the scope and manner of national interest’s thematization in realist’s research and, to analyze the significance of their scientific contribution to the Science of Security. National interest remains one of the most important terms in Security Science. A prudent articulation of national interests is a key factor for the security of any state, so understanding this concept is extremely important for Security Science theorists. A realistic understanding of the national interest as a key driver, but also a determinant of the behavior of states concerning other states, is still relevant today.


2008 ◽  
Vol 52 (4) ◽  
pp. 3-18
Author(s):  
Andrzej K. Koźmiński

The article discusses a special type of expectations addressed to the economic actors. These expectations either directly or indirectly refer to the idea of “national interest” and the common national weal. The author starts his deliberations with the connections between economy and patriotism in the Polish economic and political thought of the 19th and 20th centuries. He also presents some sociological conditions of contemporary views and attitudes concerning the connections between economy and national interests. They have been confronted with the mechanisms of gaining supremacy in the increasingly globalized economic competition.


2020 ◽  
Vol 3 (2) ◽  
pp. 145-155
Author(s):  
Alwafi Ridho Subarkah

Each state should maintain their sovereignty as a whole, especially on their territory which includes air, land and sea. However, Indonesia has not been fully sovereign in its airspace. For instance, Air Traffic Control (ATC) is still controlling flight identification zones in Western Indonesia, such as Serawak, Tanjung Pinang, Malacca Peninsula, Natuna and Riau Islands. This was a threat because when the Indonesian Armed Forces aircraft on patrol and training had to report to the Singapore ATC, economically it also required Indonesia to pay fees to Singapore if it passed through the area.This research aims to shows the Indonesian interest in taking over the Flight Information Region (FIR) in a bid to safeguard the sovereignty of Indonesia. The method in this research is qualitative method that describes and explains research problems related to the topics discussed and triangulates methods and data. This research uses the concept of national interest, where the state has ability to protect and defend its national interests sovereignly by making various policies.The results of this research show that the interest of Indonesia is to fully maintain their sovereignty by making Law No. 1 of 2009 concerning about Aviation and Government Regulation No. 4 of 2018 concerning Security of the Republic of Indonesia Airspace, improving human resources and technology. On an international scale, efforts continue to be made through the International Civil Aviation Organization (ICAO) so that the FIR managed by the Singapore ATC can be managed by Indonesia. Thus, any diplomatic and foreign aircraft security clearance processed through the Indonesian government.   Keywords: National Interest, Sovereignty, Air Sovereignty, Territory Control   Abstrak   Kedaulatan setiap negara harus dijaga secara keseluruhan, pada konteks ini adalah kedaulatan wilayah yang mencakup udara, darat dan laut. Namun Indonesia belum berdaulat dalam udara sepenuhnya. Bagian barat Indonesia, seperti Serawak, Tanjung Pinang, Semenanjung Malaka, Natuna dan Kepulauan Riau dalam mengelola zona identifikasi penerbangan dikuasai oleh Air Traffic Control (ATC) Singapura. Hal ini menjadi ancaman karena saat pesawat Tentara Nasional Indonesia dalam patroli maupun latihan melapor ke Singapura, secara ekonomi juga mengharuskan Indonesia untuk membayar biaya kepada Singapura jika melewati wilayah tersebut. Tujuan penelitian yaitu menunjukkan kepentingan Indonesia dalam mengambil alih Flight Information Region (FIR) sebagai upaya untuk menjaga kedaulatan Indonesia. Metode dalam penelitian ini yaitu metode kualitatif yang mendeskripsikan dan menjelaskan permasalahan penelitian terkait topik yang dibahas dan melakukan triangulasi metode dan data. Penelitian ini menggunakan konsep national interest yaitu kemampuan negara dalam melindungi maupun mempertahankan kepentingan nasionalnya secara berdaulat dengan mengeluarkan berbagai kebijakan. Hasil penelitian ini, kepentingan Indonesia adalah menjaga kedaulatan sepenuhnya dengan membuat Undang-Undang No. 1 Tahun 2009 tentang Penerbangan serta Peraturan Pemerintah No. 4 Tahun 2018 tentang Pengamanan Wilayah Udara Republik Indonesia, meningkatkan sumber daya manusia dan meningkatkan teknologi. Pada skala internasional terus dilakukan upaya melalui International Civil Aviation Organization (ICAO) agar FIR yang dikelola oleh ATC Singapura dapat dikelola oleh Indonesia sehingga izin diplomatik dan izin keamanan pesawat asing melalui pemerintah Indonesia.   Kata Kunci: Kepentingan Nasional, Kedaulatan, Kedaulatan Udara, Pengelolaan Wilayah


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