This article analyzes the civil society dimension and pays particular attention to the role of civil society's organizations within the EU's Eastern Partnership's governance and networking processes. The study is based on the EU's documents' analysis and the data of qualitative interviews conducted between 2011-2014 from the respondents of the EU's institutions (European Commission, EEAS, EP), member states' representations in Brussels, and the members of the Eastern Partnership civil society forum created in 2009. The study shows that the representatives of civil society organizations are seeking to be involved and are existent in most of the stages and interactional modes of the EU's relations with the Eastern Partnership countries, and this process predicts the conditions for the emergence of international governance in the Eastern neighborhood space. On the other hand, the representatives of CSOs are complaining about not being involved enough in the negotiations deciding over the Association or other kind of agreements between the EU and their (EaP) country.
This article analyzes the civil society dimension and pays particular attention to the role of civil society's organizations within the EU's Eastern Partnership's governance and networking processes. The study is based on the EU's documents' analysis and the data of qualitative interviews conducted between 2011-2014 from the respondents of the EU's institutions (European Commission, EEAS, EP), member states' representations in Brussels, and the members of the Eastern Partnership civil society forum created in 2009. The study shows that the representatives of civil society organizations are seeking to be involved and are existent in most of the stages and interactional modes of the EU's relations with the Eastern Partnership countries, and this process predicts the conditions for the emergence of international governance in the Eastern neighborhood space. On the other hand, the representatives of CSOs are complaining about not being involved enough in the negotiations deciding over the Association or other kind of agreements between the EU and their (EaP) country.
This article analyzes the civil society dimension and pays particular attention to the role of civil society's organizations within the EU's Eastern Partnership's governance and networking processes. The study is based on the EU's documents' analysis and the data of qualitative interviews conducted between 2011-2014 from the respondents of the EU's institutions (European Commission, EEAS, EP), member states' representations in Brussels, and the members of the Eastern Partnership civil society forum created in 2009. The study shows that the representatives of civil society organizations are seeking to be involved and are existent in most of the stages and interactional modes of the EU's relations with the Eastern Partnership countries, and this process predicts the conditions for the emergence of international governance in the Eastern neighborhood space. On the other hand, the representatives of CSOs are complaining about not being involved enough in the negotiations deciding over the Association or other kind of agreements between the EU and their (EaP) country.
Every state may face a bid for protection in embassies or consulates from persons looking for a shelter in dangerous situations to their lives and safety. Even though diplomatic asylum is more peculiar to Latin America region, no State is prevented from such seekers. Practical examples show that diplomatic asylum helped to safe thousands of people in countries where instability of governments exist, during wars or in situations where no other alternative of protection was available. Grant of diplomatic asylum is a problematic issue because it raises question which value should prevail: inviolability of premises or non interference into internal affairs, protection of human rights or sovereignty of State. This master thesis attempts to find out what is the current position of diplomatic asylum in the context of public international law and on what grounds it could be granted in embassies and consulates. For this aim, the thesis is focused on the evolution and main features of diplomatic asylum, on its relation with regional and universal international law instruments, on dominating positions to diplomatic asylum in the case law. International treaties, state practice and various positions of legal writers were analyzed in order to reveal grounds for granting diplomatic asylum. In the States where diplomatic asylum is recognized, it is granted according to the existing legal regulation. In the States where diplomatic asylum is not considered as legal institute, it is granted on humanitarian considerations in order to protect people. The thesis concludes that different attitudes to diplomatic asylum exist regarding international law. For a group of State it is an institute of regional international law while other states tolerate it purely on humanitarian considerations. Despite different approaches of diplomatic asylum in the international law, it can be a means to protect life or safety of a person.
Every state may face a bid for protection in embassies or consulates from persons looking for a shelter in dangerous situations to their lives and safety. Even though diplomatic asylum is more peculiar to Latin America region, no State is prevented from such seekers. Practical examples show that diplomatic asylum helped to safe thousands of people in countries where instability of governments exist, during wars or in situations where no other alternative of protection was available. Grant of diplomatic asylum is a problematic issue because it raises question which value should prevail: inviolability of premises or non interference into internal affairs, protection of human rights or sovereignty of State. This master thesis attempts to find out what is the current position of diplomatic asylum in the context of public international law and on what grounds it could be granted in embassies and consulates. For this aim, the thesis is focused on the evolution and main features of diplomatic asylum, on its relation with regional and universal international law instruments, on dominating positions to diplomatic asylum in the case law. International treaties, state practice and various positions of legal writers were analyzed in order to reveal grounds for granting diplomatic asylum. In the States where diplomatic asylum is recognized, it is granted according to the existing legal regulation. In the States where diplomatic asylum is not considered as legal institute, it is granted on humanitarian considerations in order to protect people. The thesis concludes that different attitudes to diplomatic asylum exist regarding international law. For a group of State it is an institute of regional international law while other states tolerate it purely on humanitarian considerations. Despite different approaches of diplomatic asylum in the international law, it can be a means to protect life or safety of a person.
In this final work it is argued that international organizations do not provide protection that is qualified as it is required in Qualification directive article 7 second part. In the common part of this work it is discussed about common features of international organizations. In the special part there is discussed about international organizations such as the security supplying subject specifics marking out problematic aspects. In the first part of this work there is discussed about international organization conception, personality and theories. Also attention is directed to international organizations and nations of the international legal personality differences comparing nation and international organizations abilities to perform legal actions. In the second part of this work there is discussed about security supplying subjects conception that is formed in year 1951 Convention and Qualification directive, highlighting most important legal acts defying security producing subject differences. In the third part of this work there is discussed about effective security criteria and analyzing how international organizations can offer effective security for citizens by its nature. In the fourth part of this work there is discussed about some international organizations activities in some kind of countries and analyzing if their actions are sufficiently efficient for guaranteed security mentioned in article 7 second part of Qualification directive. In the end author presents findings of this work and summarize results of the research. It was noted that the differences between international organizations and state international security show that more superior is state international security.
In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.
In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.
In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.
In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.
Subsidies are one of the most complicated and contentious questions in international law. On the one hand, subsidies are used by governments to serve fully legitimate objectives of national economic and social policy. On the other hand, however, subsidies may create unintended distortions in international trade. Due to adverse effects subsidies are the subject to an intricate set of legal rules of international and supra-national law, which attempts to distinguish and regulate "unfair" subsidies. This master's thesis examines the issue of protection from adverse effects on the interests of trading partners, attempting to answer the questions, why this is the case and whether the disciplines governing the use of subsidies – and countervailing duties to offset them – is complete.
Subsidies are one of the most complicated and contentious questions in international law. On the one hand, subsidies are used by governments to serve fully legitimate objectives of national economic and social policy. On the other hand, however, subsidies may create unintended distortions in international trade. Due to adverse effects subsidies are the subject to an intricate set of legal rules of international and supra-national law, which attempts to distinguish and regulate "unfair" subsidies. This master's thesis examines the issue of protection from adverse effects on the interests of trading partners, attempting to answer the questions, why this is the case and whether the disciplines governing the use of subsidies – and countervailing duties to offset them – is complete.
India is a rapidly growing democratic naval power. Moreover, its features such as the strong and fast-growing economy, newest military technologies and nuclear weapon make a big impression. Considering the other major powers, it seems that the world is becoming multipolar where India could have a significant role and become one of the major poles. It has been a subject for discussions among journalists and academics for a log time. On the other hand, there are a lot of discussions about India's "friendly and mild" foreign policy; also, it is sometimes named the non-ambitious passive player in the international arena. The optimism with doubts: the paradoxical situation composed of the history of the impressive imperial civilization, modern-day economic growth, huge progress in technologies versus the major internal problems and "soft" state image. Here emerges the problem: why India's foreign policy, despite its power growth, is still passive/neutral on the international arena? The hypotheses to answering this question are: 1. India's role and status are restricted by its lack of power. 2. India's role on the international arena is restricted by its ideological and neutrality traditions, which provide ontological security to India. The aim of this article is to ascertain and explore India's status (regional or global) and to ascertain India's role (self-identification) on the international arena by using the ontological security theory. The theoretical background of this essay is ontological security theory which ten years ago was absorbed from sociology and is quite new in the international relations and security studies. Its main arguments are: ontological security is the security of being; in addition to physical security, states also seek ontological security (security of the self); ontological security is achieved by routinizing relationships with significant others, after all players become attached to those relationships, even if they are dangerous to their physical security. This theory is strongly bound with the identity that India always gives the self culture prominence in its discourse and its friendly discourse in the Ministry of Defence annual reports. This is the reason why the ontological security theory was chosen to help understand and explain India's foreign policy. First, links between ontological and traditional security are discussed in the first part of this work. There is a broad analysis of the assumptions of the ontological security theory in the same paragraph. Second, there is a short criticism of the ontological security. Finally, the ontological security theory as the India's foreign policy explanation tool is discussed; the discourse analysis is introduced as a methodological instrument of the work, and the model of analysis of the second part of the work, is defined. The second part of the work contains the content analysis of experts' articles and official documents of India's Foreign Ministry, using the model defined in the previous part and ontological security for the results' explanation The analysis made in the second part of the work has shown that the ontological security theory is able to explain India's foreign policy and does it. The first hypothesis (India's role and status are restricted by its lack of power) was denied. This means that India can be a major global power. The second hypothesis (India's role in the international arena is restricted by its ideological and neutrality traditions, which provide ontological security to India) was approved. Strictly, it means that India does not want to be a major power because of it self-identity and ontological security. India does not expose itself as a major power but thinks that is worth to be such. On the other hand, if India has absorbed the international politics routine form the British Empire, this could mean that India's identity is to be a global power, but it does not want to publicise it yet. The study has shown that it is hard to regard India in the international community as a major power without special observation or using just the realism theory tools. Consequently, the ontological security theory has shown that it has the tools that can be used in countries' foreign policy explanation.
India is a rapidly growing democratic naval power. Moreover, its features such as the strong and fast-growing economy, newest military technologies and nuclear weapon make a big impression. Considering the other major powers, it seems that the world is becoming multipolar where India could have a significant role and become one of the major poles. It has been a subject for discussions among journalists and academics for a log time. On the other hand, there are a lot of discussions about India's "friendly and mild" foreign policy; also, it is sometimes named the non-ambitious passive player in the international arena. The optimism with doubts: the paradoxical situation composed of the history of the impressive imperial civilization, modern-day economic growth, huge progress in technologies versus the major internal problems and "soft" state image. Here emerges the problem: why India's foreign policy, despite its power growth, is still passive/neutral on the international arena? The hypotheses to answering this question are: 1. India's role and status are restricted by its lack of power. 2. India's role on the international arena is restricted by its ideological and neutrality traditions, which provide ontological security to India. The aim of this article is to ascertain and explore India's status (regional or global) and to ascertain India's role (self-identification) on the international arena by using the ontological security theory. The theoretical background of this essay is ontological security theory which ten years ago was absorbed from sociology and is quite new in the international relations and security studies. Its main arguments are: ontological security is the security of being; in addition to physical security, states also seek ontological security (security of the self); ontological security is achieved by routinizing relationships with significant others, after all players become attached to those relationships, even if they are dangerous to their physical security. This theory is strongly bound with the identity that India always gives the self culture prominence in its discourse and its friendly discourse in the Ministry of Defence annual reports. This is the reason why the ontological security theory was chosen to help understand and explain India's foreign policy. First, links between ontological and traditional security are discussed in the first part of this work. There is a broad analysis of the assumptions of the ontological security theory in the same paragraph. Second, there is a short criticism of the ontological security. Finally, the ontological security theory as the India's foreign policy explanation tool is discussed; the discourse analysis is introduced as a methodological instrument of the work, and the model of analysis of the second part of the work, is defined. The second part of the work contains the content analysis of experts' articles and official documents of India's Foreign Ministry, using the model defined in the previous part and ontological security for the results' explanation The analysis made in the second part of the work has shown that the ontological security theory is able to explain India's foreign policy and does it. The first hypothesis (India's role and status are restricted by its lack of power) was denied. This means that India can be a major global power. The second hypothesis (India's role in the international arena is restricted by its ideological and neutrality traditions, which provide ontological security to India) was approved. Strictly, it means that India does not want to be a major power because of it self-identity and ontological security. India does not expose itself as a major power but thinks that is worth to be such. On the other hand, if India has absorbed the international politics routine form the British Empire, this could mean that India's identity is to be a global power, but it does not want to publicise it yet. The study has shown that it is hard to regard India in the international community as a major power without special observation or using just the realism theory tools. Consequently, the ontological security theory has shown that it has the tools that can be used in countries' foreign policy explanation.
India is a rapidly growing democratic naval power. Moreover, its features such as the strong and fast-growing economy, newest military technologies and nuclear weapon make a big impression. Considering the other major powers, it seems that the world is becoming multipolar where India could have a significant role and become one of the major poles. It has been a subject for discussions among journalists and academics for a log time. On the other hand, there are a lot of discussions about India's "friendly and mild" foreign policy; also, it is sometimes named the non-ambitious passive player in the international arena. The optimism with doubts: the paradoxical situation composed of the history of the impressive imperial civilization, modern-day economic growth, huge progress in technologies versus the major internal problems and "soft" state image. Here emerges the problem: why India's foreign policy, despite its power growth, is still passive/neutral on the international arena? The hypotheses to answering this question are: 1. India's role and status are restricted by its lack of power. 2. India's role on the international arena is restricted by its ideological and neutrality traditions, which provide ontological security to India. The aim of this article is to ascertain and explore India's status (regional or global) and to ascertain India's role (self-identification) on the international arena by using the ontological security theory. The theoretical background of this essay is ontological security theory which ten years ago was absorbed from sociology and is quite new in the international relations and security studies. Its main arguments are: ontological security is the security of being; in addition to physical security, states also seek ontological security (security of the self); ontological security is achieved by routinizing relationships with significant others, after all players become attached to those relationships, even if they are dangerous to their physical security. This theory is strongly bound with the identity that India always gives the self culture prominence in its discourse and its friendly discourse in the Ministry of Defence annual reports. This is the reason why the ontological security theory was chosen to help understand and explain India's foreign policy. First, links between ontological and traditional security are discussed in the first part of this work. There is a broad analysis of the assumptions of the ontological security theory in the same paragraph. Second, there is a short criticism of the ontological security. Finally, the ontological security theory as the India's foreign policy explanation tool is discussed; the discourse analysis is introduced as a methodological instrument of the work, and the model of analysis of the second part of the work, is defined. The second part of the work contains the content analysis of experts' articles and official documents of India's Foreign Ministry, using the model defined in the previous part and ontological security for the results' explanation The analysis made in the second part of the work has shown that the ontological security theory is able to explain India's foreign policy and does it. The first hypothesis (India's role and status are restricted by its lack of power) was denied. This means that India can be a major global power. The second hypothesis (India's role in the international arena is restricted by its ideological and neutrality traditions, which provide ontological security to India) was approved. Strictly, it means that India does not want to be a major power because of it self-identity and ontological security. India does not expose itself as a major power but thinks that is worth to be such. On the other hand, if India has absorbed the international politics routine form the British Empire, this could mean that India's identity is to be a global power, but it does not want to publicise it yet. The study has shown that it is hard to regard India in the international community as a major power without special observation or using just the realism theory tools. Consequently, the ontological security theory has shown that it has the tools that can be used in countries' foreign policy explanation.
