Suchergebnisse

NATO's political and - above all - military participation in secession-motivated conflicts in former Yugoslavia (1990-1995), will be remembered as a clear example of demonstration of power, intentions and (in)capability of the Victor in a decades-long global "cold war" between the "freedom-loving" West and "totalitarian East". Regardless of the expectations of liberal theoreticians and the majority of public opinion, it was soon revealed that the victory was no "triumph of freedom" and even less "the end of history". On the contrary, as historically typical, it was only an unstable resultant of relations between major actors in the modern global theater, who strive to legitimize their need for domination with varying success and vocabulary. Hence the lessons to be learned from the final act of destruction of Yugoslavia (several months of NATO bombing of Serbia in 1999) have the expected tone of banality: absolute might strives for absolute power (which remains unattainable in principle); "the mighty oppress" is true always and in any place (but with a time limit); and, finally, what everyone knows but does not (or is unable or refuses) to say aloud: the only true alternative to military threat and/or aggression of a single political actor is an equally valid (military) threat/aggression by another one. We are tempted to conclude that, despite the ideological ardor of NGO activists, the political correctness of theoreticians and the rhetorical figures of speech of politicians, the "banalities" remain valid as the only certainties, i.e., regularities in the unpredictable currents of relations between states.

The author gives an outline of constitutional and legal provisions regulating the rights of ethnic minorities in the Republic of Croatia as well as the site-based policy of the protection of minority rights. The major areas in which the Government of the Republic of Croatia has been supporting the activities of the minority groups' organisations are: publishing, cultural societies, libraries, minority curricula, preservation of the minority cultura heritage and research projects. Between 1992 and 1997, the Government of the Republic of Croatia earmarked 22 million DEM for the minorities' activities. The author concludes that the ethnic minorities in Croatia, despite the political and economic hardships, have enjoyed a high degree of minority rights and freedoms. (SOI : PM: S. 64)

Was Wesley Clark, NATO's commander-in-chief, right when he said that, instead of launching the operation 'Allied Force' against it, the allies shoul have electronically isolated SR Yugoslavia? Yugoslav hackers and crackers used to good advantage the freedom of the cyberspace. During NATO's intervention, they declared a real 'virtual war' to all the countries supportive of this campaign, particularly to the USA. By swooping down by all available means on numerous official web pages of various American institutions and totally abusing the communicational freedoms on the Net, Yugoslav hackers in fact demonstrated a small part of the possibilities of the new e-force. However, the deleterious consequences of Yugoslav on-line users' activities were so harmful that they prodded the international community into issuing a blunt warning to the Serbian Telecom - we shall switch you off from the Internet! The objective of this research is primarily to evidence a totally novel phenomenon on the Internet, the first organized virtual war taking place in the cyberspace, at the time when a real military campaign was waged against SRY. One of the outcomes of these activities was striking out' the documents from the Net that had been preserved only in this texts' authors' archive. There are no additional scientific resources, since the key sources for this article were the Internet and newspaper articles. Although envisaged as a medium available to all, the Internet must soon be safeguarded and protected by legal means. Otherwise, it might simply cave in under the onslaught of all abuses and innumerable viruses circulating the global cyberspace. Due to the increase in the number of users and services, it may be expected that soon a completely new branch of criminal law is to emerge - computer crime. (SOI : PM: S. 242)

When researching multiculturalism and the process of Europeanisation in Serbia and countries of the region, one must first examine the status of multiculturality and multiculturalism, from the normative framework to states' policies which decidedly determine the nature and functioning of a political community. Starting from the fact that the context, nature and structure of a political community determines the essence of rights and freedoms stipulated by the constitution and laws, as well as that a synergy of good laws and sound policies enables an effective policy of multiculturality, integration and interlacing of cultures of diverse national communities in a society, the proclaimed multiculturalism was studied in this paper, with a view to ascertain whether such constitutional and legislative framework and policies exist, and if they did, whether there was concerted action between them. The key finding was that the states of the region support a civil state in principle, that they are exclusively or predominantly nationally legitimised by the highest legislative acts and that the factual state is marked by various national cultural identities that are not integrated into the model of plural citizenship. The paper shows that there is a lack of political will to transform the declared support for a pluralistic civil state into public policies affirming the values of multiculturalism, as well as that there is a lack of strong institutions to support such policy. Creating civil awareness, strengthening civil values and virtues are not priorities for state institutions or media controlled by governments. Rather than that, their priority is to strengthen national identities. Hence, based on the above, we can affirm that civil states, civil values and civil identities are only at initial stages, i.e. that they are still, only occasionally, at the level of general programme orientation and set aims. The necessary ingredient for their firm establishment is a consolidated democracy and acceptance of universal values of developed democracies, such as the rule of law and protection of human rights and freedoms.

The author explores the legitimating roots of the constitutional state. In his opinion, they can be found in moral universalism and national democracy. Both principles undoubtedly belong with the fundamental tenets of the constitution of modern constitutional state. While the former implies the universality of its postulates which are accepted by every constitutional state, the latter represents the restrictive principle of this universalness. The author links these two principles and defines a people as a group of individuals who, regardless of their ethnic, cultural, and religious station may, in line with the principles of freedom and equality of individuals create a successful political community. By the universality of its legality, the defence of human rights and power-sharing, constitutional state is a necessary prerequisite for the prospect of fashioning a people as a group of responsible individuals in establishing universal will. (SOI : PM: S. 16)

Within contemporary geopolitical processes, respect for the rights of national minorities is no longer the discretion of a state, but rather is an indirect or direct international regulation of the minority issue. In the beginning of the 1990s, the political economical crisis and disintegration of the former SFRY opened the national question, that was considered to be permanently and successfully solved, in the most dramatic way, and ethnic conflicts and clashes followed the desintegration of the country. With the formation of a new states on the territory of the former Yugoslavia, the existence of numerous and different national minorities ("old" and "new") required a different approach to their protection and integration in complex political circumstances. Thus, the position of the so called new minorities drastically changed since they formed constituent nations in the former SFRY, while after secession they remained separated from their home nations and became national minorities almost overnight. Out of Serbia, in former Yugoslav republics live nearly half a million persons belonging to Serbian nationality as new national minority. The paper discusses the position and rights of the Serbian minority in the post Yugoslav states (Slovenia, Croatia, Northern Macedonia, Montenegro) as well as in some neighboring member states of the European Union (Hungary, Romania, Bulgaria). In addition to the analysis of basic demographic indicators (number and spatial distribution) that determine the realization of the rights and freedoms of each minority, the paper examines the issue of protecting the national, cultural and linguistic identity of Serbs, as well as the ways of its preservation and improvement. Although the social and legal status of the Serbian minority is determined by European standards, the analysis points to their undefined status, since they still do not recognize the status of a national minority in some countries, and that they are in practice faced with more or less assimilation. In order to fully realize minority rights and improve the position of the Serb minority, ratified international documents, bilateral agreements, national laws, as well as well-designed policies and assistance from the home state are of great importance.Respecting basic human rights and freedom, as well as national minority protection, represent the basic factors of stability, security and democratic and socio-economic development of every country.

The revival of the nation has shocked German intellectuals who think that the nation-state is historically obsolete and that new models should be upheld: the united Europe, a world community of responsible states, globalisation of markets, a universe of human rights. The contrary tendencies in today's world are marked by giving up on huge political entities which have been replaced by smaller nationality-based states. It seems that political freedom leads to the formation of nation-states based on democratic constitution. This process requires looking into the relation between the nation-state and democracy. The key for the explanation of their relationship can be found in the notion of nation. Citizenship mediates between the people (in its real manifestation as a social group), and democracy as a constitutional principle. It gives to the state as a personal entity legal structure on which to build a democratic form of the state and guarantees legally applicable taxonomies and limitations. (SOI : SOEU: S. 17)

Although it had had some drawbacks, Dayton's Peace Accord was to be a successful one due to the following reasons: Firstly, USA finally realised they had been the crucial factor of war ending in Bosnia and Herzegovina, otherwise their credibility as the great power would be put into question. Secondly, Croatian military operation called 'Oluja' ('Storm') and ruthless bombing of Serbian targets in Bosnia and Herzegovina changed balance of power and created factual fundament for negotiation on territorial division by drawing of future maps on the field. Thirdly, Milošević finally realised Serbs from Bosnia were a primary obstacle toward the lifting of international sanctions and set free isolation. Fourthly, American administration gave a full freedom to the main negotiator Holbrooke to lead the negotiations. Finally, Dayton's Peace Accord managed to ensure the cease of fire, which was the greatest achievement of it. On the other hand, it could not give the answer to the question of the future of Bosnia and Herzegovina either it is in integration or separation. The basic problem which is going to appear during its implementation will include nation building process on the ruins of the war. This is because the above mentioned process is influenced by domestic political forces, considerations and dilemmas besides strong international civic and military presence. In this point coercive diplomacy has proven to be unsuccessful. It might be rung off.

This dissertation treats the competence of Constitutional courts in settling the disputes of jurisdictional conflicts, both in theoretical and historical as well as practical, sense. It is common knowledge that the Constitutional court is the most efficient mechanism for protecting the constitutionally determined separation of power. The role of the Constitutional Court is especially significant with regard to the fact that the separation of power does not exclude the possibility of interweaving jurisdiction of different levels of state power. By settling disputes of jurisdictional conflicts, the Constitutional Court gains competence for the determination of clear boundaries of state power organs in terms of their constitutional authorisation. Given the fact that the jurisdictional conflict is mainly motivated by political agenda, the Constitutional Court must settle an originally political dispute by implementing the constitutional norms. The jurisdictional conflicts are a common competence of Constitutional courts. They are a direct representation of the government, or the constitutionally determined separation of power. A distinction between horizontal and vertical disputes can consequently be made. Various factors cause these disputes, including the following: state power, government, political parties system, level of democratic development, the level of precision of constitutional norms determining the boundaries of state power, etc. The constitutional disputes of jurisdictional conflicts should, however, be thought of in a broader sense as well. The Constitution commonly views these disputes as a separate jurisdiction of Constitutional courts. If the disputes of jurisdictional conflicts are regarded as a factual violation of constitutionally proclaimed separation of power, then the other constitutional disputes can be seen as an infringement of the power separation principle as well. In that way the Constitutional court indirectly settles a competence dispute while simultaneously carrying out normative control, its basic duty. Assuming that the separation of power is based on the idea of preventing the abuse of state power by guaranteeing the fundamental rights and freedoms, one can say that, while deciding on the protection of rights and freedoms proclaimed by the Constitution, the Constitutional court indirectly protects the power separation principle. The matter of jurisdictional conflicts can decided upon by the court when the court is asked to give an interpretation of the constitutional provisions. If the fact that this jurisdiction is a necessary consequence of federal division of the state is exempted, one can say that in the countries without federal division the settling of competence disputes, also represents a separate jurisdiction of Constitutional courts. The guiding principle for all the countries was the fact that the abuse of power or the realisation of its separation (or balance) can only be reached through the operating system of an independent and unbiased institution, as the Constitutional court itself is. An analysis of various countries' Constitutions and the practice of Constitutional courts in settling competence disputes has shown that Constitutional courts have made a significant contribution to the realisation of power separation, especially in the transitional processes of non-democratic regimes to democratic ones. Naturally the real effects of the constitutional jurisprudence depend on the political climate-the relationship between the political institutions and the one these have with the Constitutional court, as well as their willingness to abide by its decisions-and this is a fact one should not neglect.

The Lisbon Treaty has brought significant changes into the architecture of the European Union. The most important novelty, however, is the establishment of a full unity of the Union structure achieved by creating new and strengthening the existing elements. The new elements of this unity are the disappearance of the European Community, the 'independence' of the European Atomic Energy Community, constituting the European Union as a single entity and the introduction of EU values. At the same time, the Lisbon Treaty has strengthened the existing elements of the common institutional mechanisms, rules on amending the founding treaties and EU membership. However, constituting the Union as a single entity which has replaced and succeeded the European Communities has not abolished the EU elements of diversity. In the areas that differed, even before the adoption of the Lisbon Treaty, from the community pillar, there remain significant differences in the nature and the scope of competences of the Union institutions. This mainly regards the common foreign and security policy, which now includes the defense policy, where the existing model of inter-state cooperation has been only slightly interfered with. In contrast, in the field of police and judicial cooperation in criminal matters, which has become part of a larger Area of Freedom, Security and Justice, the inter-state model of cooperation has been abandoned in some of its most important elements. However, the implementation of some of the important elements of the supranational model has been postponed.

The author examines attempts to reform the communist systems in Europe during the 1960s, especiallly as they relate to the process of election to organs of government in Croatia and Yugoslavia in 1967 and 1969. Issues surrounding the legitimacy of government, economic development, and internal political and national tensions provided the impetus for the growth of the reform movement. Economic reforms were geared towards recognition of market forces, while political reforms revolved around a general democratization of the system. The allowance for "slightly greater freedom" in politics meant minimum tolerance of diversity including national rights as well. The growing strength off the reform movement quickly revealed the threat reform posed to the fundamental social relations upon which the communist model of society was based. Reform especially threatened the dominant role played by the communist party. Conservative forces predominated in the ensuing political struggle, and the curtailment of reformist tendencies was also influenced by the involvement of the USSR. An example of the curtailment of reformist tendencies were the elections to the Croatian Sabor and the Federal Assembly of Yugoslavia. A relative liberalization of elective processes to the legislative branch took place when more than one candidate was allowed to run for a single mandate. In many instances during the 1967 elections, struggles between the candidate supported by the League of Socialists, the official candidate, and an independent, or "unofficial" candidate, were common. The loss of total control over the electoral process was viewed unfavourably by the ruling party and the former control over elections was quickly reestablished. (SOI : CSP: S. 346)

Due to the increasing globalization and the danger of reducing all beings to things, it is central to point out again and again that a human being is not a thing among other things, and that the appreciation and realization of their life requires nurturing and cultivating the variety of human knowledge pertinent to different spheres of the historical world of life. Thus, the relevance and the role of practical philosophy is gaining significance regarding the - to the historical Being - proper understanding and fulfilIment of human potentials in today's world. (SOI : PM: S. 25) + The author first defines the various facets of globalization in today's world and emphasizes the key changes that are stepping up and intensifying communication among peoples, nations, and cultures all over the world. However, parallel to this there are other pressing problems: from the ecological crisis, to the realization of human rights, to the anomie of life and work. All this proves that globalization is not only an economic and technical but, ultimately, practically an ethic/political issue. Along the lines of Hegel's philosophy of world history and Aristotle's practical philosophy, the author has come to view the contemporary globalization as a step forward of world civilization, i.e. as a possibility of the realization of freedom and good life. Globalization, of course, scares people with its unpredictability and the erratic development of "global society" which (in line with Beck's distinction between the First and the Second Modernism) today is represented as a society of nation-states on the one hand, and as a "global society of transnational actors" on the other

Током последњих неколико деценија били смо сведоци интензивних промена света у коме живимо. Иза доминантне слике технолошког прогреса, с једне, и непрестаног нивелисања политичких моћи, с друге стране, промене су се одвијале и на свим друштвеним нивоима, задирући у суштину темељних поставки културе модерног света. Разградња традиционалних оквира идентитета, релативизација система вредности и снажни импулси личне слободе били су врста улазнице у постмодерно стање духа, које је, тежећи ка помирењу, заправо до крајности продубило јаз између цивилизације као хумане креације и цивилизације као система per se, који умногоме почива на негирању универзалних вредности човека. Темат Хуманистичке науке пред изазовима постдисциплинарности и тржишта замишљен је као платформа за размену искустава међу еминентим научним радницима из различитих земаља. ; Over the last couple of decades the world we live in has been going through intensive change. Behind the dominant image of technological progress on the one hand, and the continuing redistribution of political power on the other, changes have been occurring on all social levels, hitting at the heart of the basic assumptions of modern culture. The deconstruction of traditional frameworks of identity, the relativization of value systems and powerful impulses of personal freedom have served as a kind of ticket to the postmodern condition which has, while aspiring to reconcile, led to a fundamental deepening of the rift between civilization as a humane creation and civilization as a system per se which largely rests on negating the universal value of humanity. ; Тема броја: Друштвене и хуманистичке науке пред изазовима пост-дисциплинарности и тржишта / ур. Александра Павићевић / Topic of the Issue: Social Sciences and the Humanities: Facing the Challenges of Postdisciplinarity and the Market (ed. Aleksandra Pavićević)

Активност Југословенске радикалне заједнице, чији је програм крајем 1930-их година подразумевао поштовање и равноправност три национална идентитета (српског, хрватског и словеначког), битно је утицао на идеју интегралног југословенства у Краљевини Југославији. Часопис XX век, спонзорисан од стране Југословенске радикалне заједнице, неретко је кроз филозофско-естетичке и уметничко-културолошке теме имплицирао актуелне друштвено-политичке промене. У раду се сагледава филозофско-естетичко промишљање српског естетичара Бранка Лазаревића, чији су текстови о умeтности (објављивани у часопису XX век) бивали политизовани и инструментализовани за форсирање једне у основи политичке идеје кроз поље уметности. На тај начин, поменути часопис деловао је као вид алтернативног уметничког образовања народних маса, те је новопробуђене националне идеје промовисао, тобоже, као идеје за уметничку слободу и уметнички прогрес, пласирајући их метафорички кроз естетичке ставове Бранка Лазаревића. ; During the late 1930s, the Yugoslav Radical Community initiated very important changes in the political regime of The Kingdom of Yugoslavia. One of the principle of this party was affirmation of equality of three differеnt national identity – Serbian, Croatian and Slovenian. The 20th Century Journal, which was sponsored by Yugoslav Radical Community, has implicated actual social-political changes through its articles about philosophy, aesthetics arts and culture. The paper deals with the philosophical and aesthetic observations of the Serbian aesthetist Branko Lazarević, whose articles about art (published in the 20th Century Journal) were politicized and instrumentalized for the promotion of the political ideas through the field of art. In this way, the 20th Century Journal acted as an medium for the alternative artistic education of the masses. This journal has promoted new political ideas as ideas for artistic freedom and artistic progress, by placing them metaphorically through the aesthetic reflections of Branko Lazarević.