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.

Although the new international economic
order (NIEO) has mostly been assessed as a failure, its
ideas still seem relevant in today's crisis environment.
The new context clearly shows that the existing liberal
international order is ineffective and calls for deep
changes like in the times of the developing countries'
fight for the NIEO. The article considers whether its
principles remain of relevance today, which ones have
been amended and which should be newly introduced,
all based on NIEO-related lessons. Dilemmas between
international law or a rules-based order as a framework for global governance and whether the proposed
new inclusive global economic order is to be based on
values (and if so, which) are evaluated.
Keywords: new international economic order, new
inclusive global economic order, rules-based order, values, principles, international law, global governance,
lessons

This article addresses the deficiency in the area of human rights scholarship in International Relations (IR) by examining the theoretical advancements in IR theory that have led to the emergence of non-state collective actors as a pertinent research topic. It provides a review of the trajectory of the constructivist theoretical approach, which has brought major advancements in how international non-state actors are conceptualised in the human rights IR literature. This considers the limitations and implications of side-lining collective non-state actors within IR theory, arguing that expanding the theoretical understanding of how different collective actors are constituted and attributed with agency can enrich IR human rights scholarship. The article also proposes a potential way forward with respect to non-state collective actors in human rights in IR by identifying a research programme based on practiceoriented approaches to help broaden the ability of scholars to foster interdisciplinary conversations. Expanding along these lines would bridge the existing boundaries within scholarly and disciplinary contexts. Keywords: non-state actors, state-centrism, collectives, international relations, human rights, international actors, constructivism

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.

Notions of the power associated with the European Union's foreign policy and its role in international relations are mostly liberal in origin. This explains the EU's special role in the Cold War era and that it has since emerged more as a moral, ethical and normative power. The EU's lack of military capability has probably been the main cause that prevents it from acting as a great or superpower. The distinction between materialistic and immaterial elements of power has been a crucial point of contention between realists and liberal thinkers. In international relations, we are also witnessing the trend of the EU increasingly using the geopolitical approach (such as in the Ukrainian crisis) besides the normative one. In the article, different concepts of EU foreign policy regarding power in the light of realism and liberalism are compared where, alongside the descriptive method, a SWOT analysis is performed. Keywords: realism, liberalism, power, European Union, Ukraine, foreign policy, international relations

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.

The decision by the Council of Europe to ter minate the Russian Federation's membership of the Council of Europe on 16 March 2022 makes the issue of legal certainty for aliens actively participating in the war in Ukraine as part of the Ukrainian Armed Forces completely unpredictable. The academic literature and the case law of the European Court of Human Rights in the field of the legal status of alien combatants is limited, and the International Criminal Court has not complet ed any cases on this topic. This article addresses the prin ciple of case law and, above all, the principle of legality with regard to aliens and their active participation in the armed forces of Ukraine. This issue has become cen tral since the Russian Federation may or may not grant these persons the status of prisoner of war according to the Third Geneva Convention, relating to Protocol I, or may characterise them as criminal offenders or terro rists. Keywords: aliens, combatants, mercenaries, prisoners of war, war, armed conflict, terrorists

The author examines the creation and functioning of the Romanian propaganda office at the General Commission of Romania for the New York World's Fair (1939-1940). He analyses two previously unpublished documents from the Archives of the Ministry of Foreign Affairs, relevant to the topic under scrutiny. The activity of the office was coordinated by the diplomat Andrei Popovici. His subordinates were the press attach. from the Romanian Legation in the USA, Horia Babeş, Paul Sterian, economic councillor, and Petre Neagoe, writer. The monthly budget was 750 $ (the rate of those years) for the daily expenses and salaries. The propaganda office started its activity in January 1939. It used to publish a bulletin, to help issuing stamps, to prepare propaganda posters, to publish and translate brochures. It also used to send presentations of Romania to journals, such as Cleveland News , Chicago Tribune, Detroit Free Press, New York World Telegram etc., and articles on Romania to newspapers (Annalist, Journal of Commerce etc.), or to occasional publications (Going to the Fair, a Preview, International Guide etc.). The images the propaganda office used to handle were reproducing usual elements of the domestic and foreign official discourse of Charles II: Romania was a totally new country, based on a new social contract ("the royal revolution"), that was looking persistently towards "tomorrow's world" (the slogan of the American fair); this future was build with Romanian resources and strengths, mobilized by "the king of young people and of the peasants".

Through the public procurement rules, protection of competition, equality of choice & transparency of the procedure in relationships between the public & private sectors are provided, to the greatest extent possible, in the EU rules. All the contractual relationships between the public & private sectors cannot be subject to strict & formal rules on public procurement primarily due to the special nature of business operations, complexity & duration of the relationships. Concessions or public-private partnerships of a concessionary nature are excluded from the legal regime that applies to public procurement. This paper analyses the contractual relationships of the concessionary nature & the EU efforts for ensuring a certain degree of equal treatment of private partners entering into public-private partnerships. Adapted from the source document.