Suchergebnisse

The internationalization of national constitutions includes an eventual unification of constitutional rules deemed necessary to intensify international relations. So, in a broader way it is invoked the impact of international law and international relations on constitutional law. The result of the internationalization of national rights is a progressive harmonization of concepts and legal rules. In the current state of international law, constitutions' internationalization corresponds a concrete impact of international law on constitutional norms. The current trend of constitutions is to regulate in a more accurate and comprehensive way the relations between the state and international law. International law does not require any particular form of the conclusion of international treaties. In intensification of international relations, international conventions and integration of states in international organizations, the Parliament carries important consequences for both on normative function and the control function. Such legislative activity is guided by international treaties concluded by the state. While the executive and the legislative are involved in the development of international law, the jurisdictional power intervenes to reconcile domestic and international legal norms. States do not devote supremacy of international law over their constitution. Because international treaties to be part of the national legal order is not enough that the procedure for concluding treaties to be respected. It is also necessary that treaties do not contravene fundamental state constitutional principles of human rights and the relationship between public authorities. The control of international treaties' constitutionality can be mandatory or optional. In the process of ratification of the treaty on EU European constitutional courts tend to create a similar design to establish the limits of European integration. In reality, the issue of constitutionality of international treaties control is a political issue and it is difficult to apply legal principles purely political matters. There are three categories of states in the aspect of national courts on constitutional regularity control concluding treaties.

Food security is one of the most complex problems that the world is facing today. This paper discusses the role of international trade in food security and analyzes whether there is a real option to promote or attract land investments, alongside domestic production and international trade for the nations touched by food insecurity. Considering food security as a common purpose for all nations, independently of their level of development or political ideologies, the research concludes that serious cooperation within international agricultural trade negotiations represents the main step towards resolving the most important world challenges such as achieving global food security alongside "Green Growth". International trade is connected with economic development: free trade brings on medium and long term economic growth. Fighting against poverty requires efficient economic policies and, due to the high degree of economic integration reached by the international economy, this is possible only if governments cooperate with each other and with international organizations, avoiding protectionism.

By examining some of the letters Romanian volunteers in the International Brigades sent home during the Spanish Civil War, this article explores their authors' experience of the front-line hardships and of the challenges associated with the military life-style. The paper first provides a concise historical account of the Spanish Civil War, with a focus on the emergence of the international military groups, consisting of foreign combatants. It subsequently investigates the reasons that determined the Romanian volunteers to leave their country to fight in Spain, by examining their motivation in the intricate political and social context of interwar Romania. Finally, the article deals with the negative outcomes these letters had for their recipients, translated into the permanent harassment their families and close ones suffered because of this correspondence.

The European Union is a rather new player in international relations. The European Union is neither a state nor international organization. With the accession to the European Union, the states transfer some attributes of sovereignty and, thus, the governing is done by the European Union mostly, taking part in its relations with third countries. At the same time, it contains some elements of the union (confederation, federation). Therefore, the European Union is more than an international organization. We find elements of the federation, confederation without being identified as such, being established on a system of organization. The European Union aims for integration of societies within a single economic, social, political, legal area. The European Union acts as a proper system based on an idea of creating strong Union bonds between the people of Europe, by establishing an internal market, an economical Union. The European Union, in its relations with the member states, keeps the ultimate goal that it has, being an international legal person, special competences, realizing common goals established with the member states. The legal basis of the European Union is represented by two treaties: the Treaty on European Union and the Treaty on the Functioning of the European Union. The well-known Lisbon Treaty represents legally an amending treaty of the previous legal instruments - a compromise between the need for reform, on the one hand, and the need to live in a united Europe, on the other hand. The member states of the EU relate to two legal systems. As a result of their participation in an international organization with supranational character, Member States of the European Union assume a number of commitments with repercussions to their state sovereignty. The Member States coexist with the European Union. The European Union has become, along with its Member States, a matter of international law; even if it shows itself as a conglomerate of states - international organization; it is a union of states established by state attributes, an entity more complex and powerful, with a higher importance with its relations with the Member States, but also with an increased influence on international arena.

Universal Declaration of Human Rights is an essential reference to human rights and freedoms. Both the Declaration and the Constitution obliges authorities, especially justice and therefore constitutional justice to respect fundamental rights and freedoms, including those through which is ensured protection of personality's spiritual side. The right to a fair trial has a special place among the fundamental rights in a democratic society, whose level should be inherent in any system of law. The right to a fair trial in an independent and impartial court is recognised in customary international law so that those states that have not yet ratified the international instruments are also bound by law and the judicial system to adapt their legislation appropriately. The right to a fair trial has several components such as access to justice, a fair and public case in a reasonable time, examination of the case by an independent and impartial court, established by law, advertising delivery decisions. The right to be tried by an independent and impartial court is so elemental, exciting Human Rights Committee status as an "absolute right not bear any exception". The right to a fair trial also means a reasonable opportunity to expose any part of his case to the court in a manner that does not disadvantage the opposing party, which is achieved by ensuring its rights of defense. Parties have the right to be assisted by an attorney, elected or appointed by office. Realisation of the right to defense is ensured by the organisation and functioning of the judiciary, which is based on the principles of legality, equality of parties, gratuity, collegiality, publicity, immutability and the active role of the court. To enact a law the court as part of a fair trial takes into account the competence to hear the case, both materially and territorially. In this context, statutory legislation provisions are clear and precise, clearly delineating the powers of courts, the costs involved in the administration of justice. To understand and respect the provisions is of paramount importance in realisng the right - a prerequisite to the existence of balanced and harmonious society.

International norms are, by definition, a factor of stability in the international system. Nevertheless empirical evidence shows that norms are constantly changing, which raises questions on the ability of norms to regulate inter-states relations & prevent conflicts. This article analyses the cycle of norm diffusion, tracing the origin of norms, their diffusion, contestation & change. It investigates the relationship between interests & identity & between structure & agency in the process of norm diffusion, & discusses the implications of this process on international cooperation. Adapted from the source document.

The debate between realists and liberals in the field of International Relations concerning the causes and effects of economic interdependence among states has led to a remarkable branch of empirical literature, but hardly any research has studied such dynamics in the period following the Cold War, which is so often defined "the age of globalization". This article is based on a quantitative analysis of the influence of international politics on commercial flows in the post-bipolar period and it performs such analysis on two datasets: the first one including all countries of the system for which data are available and the second one focused on the countries that previous similar studies have identified as great powers. The results show that the contemporary international system is marked by a high degree of complexity and by the simultaneous action of different and even contrasting logics. Liberal variables such as democracy and economic international institutions exert a remarkable effect on international trade, especially at the global level, but international security and even power politics issues are still relevant, particularly for the great powers in their reciprocal relationships. Adapted from the source document.

After a brief account of the origin of the Kosovo crisis & of the attempts made by the international community to bring it to a solution, in the present work, the Author starts analyzing the stands taken by States in relation to the declaration of independence issued on the 17 February 2008 by the Assembly of Kosovo. By weighing the validity of the arguments advanced in favour or against the independence of Kosovo, the Author first highlights the violation of the terms of the UN Security Council resolution 1244/99 by the unilateral declaration of independence & the contradictions & omissions inherent in the claim of uniqueness about Kosovo advanced by most of the States which have decided to recognize the new entity. The Author then claims that the independence of Kosovo cannot be characterized neither as an exercise of a (dubious) right to a remedial secession nor as a fait accompli. He therefore concludes that Kosovo does not qualify yet as a subject of international law, that the acts of recognition of the new entity adopted by several States are premature and, as such, illegitimate & that, notwithstanding it is resolutely denied in any official statement, the conduct of abovementioned States seems to be permeated by the philosophy of the remedial secession. Adapted from the source document.

After the beginning of the experience of the center-left government in the early sixties, Italy proposes an independent and original foreign policy, consistent with its position in the Mediterranean, across the border between East and West. The preferred partner within the Warsaw Pact is Romania, considered the vanguard of a political process of internal liberalization and of political emancipation of Eastern Europe from Soviet-communism. So far, the limited historiography on the Italo-Romanian relationships has taken into account almost exclusively the economic and trade agreements. This paper, on the basis of largely unpublished documentation at the Senato della Repubblica and at the Central State's Archive in Italy, analyzes instead the main international issues of the meetings between Bucharest and Rome, namely the Détente, the Sino-Soviet conflict, the peace building in the South-East Asia, the Middle-East, the CSCE. The unpublished diary of statesman Amintore Fanfani, Minister of Foreign Affairs from 1965 to 1968, reveals how the Italian ruling class has a substantial confidence in Ion Gheorghe Maurer and Corneliu Mănescu and high expectations around an alleged non-alignment of Romania. On the other hand, the correspondence from the Italian Embassy in Bucharest for Aldo Moro (Minister of Foreign Affairs from 1969 to 1972 and from 1973 to 1974), describes the violent and authoritarian temper of the regime established by Ceauşescu in his country. In any case the Italian strategy seems then to reappraise the special partnership with Romania, in favor of a multilateral approach to the problem of Détente within the continental conference on Security and Cooperation in Europe.

The article aims to enrich our understanding of the double-concept of "peace/war" in international relations, & of its place in international theory, starting from an examination of its relations with issues of power & freedom. The authors look at history to comprehend the essential features of peace & war in different systems of states as they have historically developed; but they also turn to contemporary international politics to highlight the ways in which both peace & war have changed since the end of the Cold War. Finally, the article investigates the politics of "peace/war" in the international order of today, with particular reference to globalization & the role of American hegemony. Adapted from the source document.