Building a Nuclear Security Regime: Questions to Be Asked

This chapter outlines some of the key questions to be asked by a State when considering a nuclear programme and thus a nuclear security regime. In the context of globalization and the emergence of a world in which States are interdependent, it is recognized that the way one State carries out its mission to protect nuclear materials and nuclear activities concerns other States also. In response to this, and despite the reluctance of States to expose their sovereign security practices, an international framework, composed of legally binding or non-binding tools, has been built up with the idea of promoting greater consistency and thus providing guarantees to all States. It is also important, for this one State, to comprehend the national and international context beyond nuclear security within which it falls. This State has then to question itself, in the light of security issues and the fundamental principle of State sovereignty, on the essential concepts that are found in certain components of the nuclear field, such as the positioning of the competent authority, the protection of information, transparency or the place of the operator.

Régimen Jurídico de Bienes Públicos de Naturaleza Interdisciplinaria

In this study, with the object being minerals, more specifically fossils of the genus polysolenoxilon (FOUCAULT, A.; RAOULT, J. F., 1985, p 136), which are a particular type of fossils of petrified trunks. We use the method of comparative law. We had to adapt the terminology to the specifics of Brazilian administrative law, which has its own idiosyncrasies. As Brazil follows the Federative model, which is similar to the North American. This study focus on analyzing the consequences involved in the state’s lack of control over the legal instruments to the protection of state’s assets such as fossils. The enrichment of minorities at the expense of the loss of public wealth is in fact the loss of State sovereignty and citizenship. And eventhough the Brazilian Constitution of 1988 has a compromise about such issues, there is no specific current law that enforces the protection and/or trade of fossils, so we were left with no choice but to look at this issue through the administrative law.

Problems of Prioritization National Security interest of Energy import-dependent States (Case studies: Georgia and Lithuania)

This paper focuses on studying the prioritization process of national interests of energy import-dependent states. In particular, considering the energy strategy formation processes of Georgia and Lithuania, it explores the interrelation among the objectives of supply security and national security challenges. The reason behind the choice of the given countries was that energy security policies of both countries were formed based on identical characteristics after the collapse of the Soviet Union. Analysis of the mentioned cases offers a good opportunity to explain how foreign policy threats affect national energy security decisions. The study also examines the major factors affecting prioritization of national security interests, providing a possibility to answer the main research question of the paper - what prompts states to pursue less rational policies in terms of energy security, justified by maintaining state sovereignty? Using the securitization concept, the paper also explains what leads to taking steps aimed at solving national security challenges, which may, in turn, lead to the emergence of new types of security challenges. Analysis of the mentioned cases offers a good opportunity to explain how foreign policy threats affect national energy security decisions, whether such threats cause new energy challenges to be subject to political interests and whether it is appropriate for states to pursue such energy policy with the motive of maintaining state sovereignty. The paper indicates that energy policies purely formed based on political interests, may not face the main energy security challenges of the country.

Limits at the Limes. Diffracted Sovereignty inside the Border Zones

This paper questions state sovereignty at borders, by referencing the contradictions that a border control approach based upon security concerns creates, and the distortions between societies of norms and situations of exception that the European migration and asylum policies generate. Meanwhile, whilst sovereignty should correspond in a legal theory perspective to authority, its expressions manifested in the European borders consists essentially in domination as bare violence is deployed. By investigating the hiatus between how sovereignty ought to be in theory and how it is observed in practice, it is possible to consider that the very sovereignty is diffracted in the thickness of the frontiers (i). This paper explores the methods states develop directly or indirectly in the borders, inside the border zones, basing the analysis on the notion of heterotopia Michel Foucault forged. Such a conceptual tool is deployed in order to underscore how states construct and exploit frontiers as useful margins and establish them as dissolution zones. Three methods – extraction, classification and obliteration – are highlighted that correspond to the main purposes of border surveillance – control, selection and removal – (ii).

The state sovereignty concept in the context of global information space

The article is dedicated to defining the nature of information sovereignty and its significance for the process of independent state-building through the prism of the information society paradigm. Various methodological aspects of the concept of “information sovereignty” are studied. The ratio of the categories “state sovereignty” and “information sovereignty” is analyzed. The conclusion is made that the information sovereignty is not an independent category of constitutional law, however, the concept of state sovereignty needs to be modernized by integrating the classical and new information authority of the state, which are characteristic of the globalized information world.

Konstitusi Peralihan Kekuasaan Kesultanan Kutai Kartanegara Ing Martapura

ideology of state sovereignty, which was adhered to by the royal leaders and their people. The infrastructure of civilization is still sustainable, despite the turmoil of the succession of leadership, indicating the presence of very strong social capital, namely justice and peace. Starting from the archipelago ideology is Kutai Martapura Kingdom, switching to a Malay ideology is Kutai Kartanegara Kingdom, and a modern ideology is Kutai Kartanegara Ing Martapura Sultanate. The nationality theory ('ashabiyah), the urban theory ('urban), and the development theory ('umran) by Ibn Khaldun (1332 - 1406 AD), were able to reveal the dynamics of the historical continuity of the Republic of Indonesia, which wanted to move the State Capital in some areas Kutai Kartanegara Regency, East Kalimantan Province. Taking turns, coming and going, until the population settles in an area in the territory of the country, shows the presence of a very great human culture

Bad Custom

The place and function of custom as a species of law—distinguished from custom as simply polite manners or cherished cultural traditions—has long been a source of research and debate among legal theorists and historians. One school of thought, reflecting the authority of written statute in modern jurisprudence, has relegated custom in a juridical sense to “primitive” societies, whereas proper law belongs to a world of state sovereignty. Other scholars have revisited the continuing validity of custom, including a trenchant body of work on the use (and manipulation) of custom in modern colonial regimes. At the same time, some have seen benefits in the acknowledgment of custom as a source of norms. A 2006 collection of articles, for instance, explored ways in which customary law might serve as a better foundation for the sustainable development of natural resources. As David Bederman has written, “Custom can be a signal strength for any legal system—preliterate or literate, primitive or modern.”

Response-abilities of care in more-than-human worlds

This article rethinks the doctrines of responsibility and protection in international environmental law in light of notions of response-abilities and care in more-than-human worlds. Inspired by the intersecting strands of new materialist, relational and posthuman literatures, and informed by critiques of them by decolonial, indigenous and black scholars, the analysis works with onto-epistemologies of becoming that posit an inseparability of being, knowing and acting with(in) the Anthropocene/s. Through the notion of response-abilities of care, the article reconfigures how the destructive and the restorative relations between humans and nonhumans could be construed beyond a narrow understanding of state sovereignty, territorial jurisdiction, liberal human-centred notions of individuated agency and the strict causal nexus between victim and perpetrator. The analysis concludes by reflecting on how law could remain open to emergent, unfolding and contingent potentialities of entangled human-nonhuman relations, and questions law’s capacity to recognize and respond to the agency and alterity of nonhumans. These configurations exceed the schema of responsibility and protection that organizes even international environmental law’s most progressive theories and practices, such as granting ‘rights to nature’.

SAVREMENI DRUŠTVENI PROCESI I REDEFINISANjE DRŽAVNE SUVERENOSTI

The crisis of the nation-state in modern conditions leaves deep consequences for the achieved theoretical achievements of understanding state sovereignty. Globalization, which establishes the contours of the new world order, is increasingly influencing the foundations of the conceptual definition of the constitutive elements of the state as a form of social organization. State sovereignty is gradually coming under the impact of modern political tendencies on the global map, which justifies the need for analytical thinking about the theoretical scope of this concept. The paper critically treats and connects the basic postulates of sovereignty with contemporary developments in relations between states. The influence of the domination of the superior state on others is especially emphasized, in order to justify the position on the serious threat to the sovereignty and the very essence of the nation-state.