Suchergebnisse

There have been a number of philosophical, legal and political concepts dealing with the issue of peace. The most famous discourse on the topic of peace is undoubtedly Kant's writing "Perpetual Peace" not only for the cogency of its ideas but also for the applicability of the majority of them in practice, particularly in terms of collective security. Kant's starting point was that peace is a rational and moral imperative of human nature, realized solely through human efforts. Though written two hundred years ago, his ideas have found acolytes in the post-coldwar period since they are, to a large extent, considered as emancipatory. Kant finds the guarantees for the realization of peace in the moral doctrine and thus rejects the use of force in the creation of peace. The relations among states are based on cooperation, not competition so that some elements of his project are reminiscent of the solutions applied in the system of collective security. The author looks into the viability of Kant's ideas in the post-coldwar period. (SOI : PM: S. 69)

The author suggests that Dayton peace accord is primarily an expression of the West's (particularly American) strategic interests, both regional and global. Numerous political constellations which have surrounded the conflict in the former Yugoslavia can be explained if this proposition is accepted. The lamentations that the recognition of Slovenia and Croatia was premature is an expression of the disgruntlement over the failure to incorporate the entire Yugoslav territory within the western interest sphere and the consequent relinquishment of Serbia to Russia. In Southeastern Europe, Russia has proved the sole American strategic ally. Americans, realizing that their strategic interests became vulnerable due to the European rivalries, decided to strike o its own. The Dayton constitution of Bosnia and Herzegovina as a multicultural state is built on current political principles in line with the requirements of the moment which include antifascism, anticommunism, antiterrorism, human rights and multiculturalism. author concludes that Croatian politics should fall in line with the strategic preferences of the West which would enable it to accomplish ist national interests. (SOI : PM: S. 156)

This article's point of departure is that the national self-determination doctrine remains one of the most paradoxical, contested, but successful doctrines which has largely contributed to the shape of our existing international system of nation-states. It argues that the doctrine which is intended to safeguard peace and human dignity is and always has been at the heart of many conflicts. Starting with the tension between the universality of the national self-determination doctrine and the particularity of the national group whose interests it promotes, the article explores other paradoxes contained within this doctrine. They range from political and legitimacy challenges to the very nation-state it creates, through the violations of human rights contrary to its very meaning, to the fact that national self-determination doctrine, far from being a national issue, is actually an international affair. While not rejecting the doctrine, the paper concludes with the final (ninth) paradox that perhaps the success of this doctrine should not be measured by how many states it can produce, but how it can make the existing states a safe home for more self-differentiating national groups. Adapted from the source document.

The author deals with "the three definite articles" of Kant's text "Towards the perpetual peace", their inner logic and their interdependence. Peace in the world can only be achieved if the constitution is republican, if the relations among the states are based on federalness and if the right of the citizen of the world is secured. The author highlights the importance and the novelty of the right which belongs to a person as a citizen of the world, and not only as a citizen of a particular state. (SOI : PM: S. 13)

The author attempts to introduce a new theme in Croatian historiography by pointing to the problems he encountered with sources and literature. The fundamental problem is that the primary documents arc predominantly from one side in the conflict, the Yugoslav secrete service (UDBA). The problem is augmented by the fact that those sources consist of studies made during the sixties, based on recollections of participants in the period 1945-1950, whereas there are very few documents from the period of struggle with the Crusaders. The very real problem is the absence of documents by Crusaders themselves, which makes the verification of the documents of the victorious side very difficult. The literature, not abundant, produced by participants of the sides in conflict, is not very useful for research. (SOI : CSP: S. 28)

The history of nuclear energy, as one of the possible ways out of energy crisis and the transition into the post-oil period is analysed Since its discovery, nuclear energy has been used for military purposes and consequently shrouded in mystery and volatility. The coalition formed during World War II found the new legitimacy for the continuation of nuclear power use via its programme "Atoms for Peace". The atomic bomb has evolved into atoms for peace, a complementary means by which the USA have been trying to secure global domination through nuclear technology. The programme has not achieved its objectives, although external conditions should have warranted that. (SOI : PM: S. 260)

The situation in Kosovo up to 1999, and all attempts which failed in order to find a just and lasting solution for that problem, have fully justified the above criteria for a lawful humanitarian intervention which was undertaken by the NATO forces against the territory of the Federal Republic of Yugoslavia. It seems, however, that the responsible persons in the NATO were not aware of the competence of the International Criminal Tribunal for the former Yugoslavia to investigate to prosecute persons responsible for use of prohibited arms and for destruction of some objects. Some of these unlawful acts constitute grave breaches of the 1959 Geneva Conventions and violations of laws and customs of war. In these circumstances it is the legal duty of the Prosecutor to undertake an investigation. In case that he fails in his duty, there are no statutory limits in respect of the crimes provided in the Statute of the Tribunal. (SOI : SOEU: S. 98f.) + Most legal writers in their writings confuse notions of humanitarian intervention, intervention of a State in order to protect its citizens abroad and humanitarian relief. The use of force for protection of citizens abroad, when they are in immediate danger of losing their lives or suffering serious injury, can exceptionally be justified by a state of necessity as regulated in article 33 of Drafts Article on State Responsibility by the International Law Commission. Further conditions for such an intervention are provided in the wording of the US State Secretar, Daniel Webster in the Caroline case of 1837, relating to the self-defence. Actions of humanitarian relief have nothing unlawful in their character, but a question can arise of the obligation of parties to a conflict to receive and allow its distribution to a who are in need. The 1949 Geneva Conventions and the First Protocol of 1977, provide in this respect a legal obligation of all parties to internation armed conflicts. Such relief actions can be imposed as obligation to parties to internal armed conflicts as well, by UN Security Council resolutions based on Chap. VII of the UN Charter. + In the view of this author there is no rule of positive international law granting a right to foreign States to intervene by force, either in protection of their citizens, or when a humanitarian intervention is required. The matter can only be of exceptional circumstances precluding wrongfulness of the use of force, which otherwise remains prohibited. When the matter is of humanitarian intervention, circumstances precluding the wrongfulness would, according to this author, be the following: (1) There should be a situation of systematic, repeated and widespread commission of international crimes by a State authority against its own citizens. Special problems are created to the international community by widespread practices of ethnic cleansing. (2) Such a situation constitutes itself a "threat to the peace" calling for an enforcement action by the Security Council according to the Chap. VII of the UN Charter. (3) In case that the Security Council fails in its primary responsibility of maintaining international peace and security and when there are no other means, a group of States or an organization can undertake a humanitarian intervention by use of force in order to stop the commission of crimes. In these circumstances it acts as de facto organ of the entire international community of States. (4) In these extreme and exceptional circumstances, States taking part in such an action cannot obtain any advantages in their profit. (5) Collective intervention by a single State acting in the name of several other States or an organization. However, even such an intervention should have priority over humanitarian intervention undertaken by a State acting in its o name. (6) It is self-evident that in performing a humanitarian intervention there should not be committed international crimes especially against protected persons, including civilian population

On the occasion of the bicentennial of the publication of Kant's "Treatise on perpetual peace", the author attempts to evoke and actualize that classic of modern philosophy of politics. According to Hajo Schmidt, the strong point of Kant's concept was his realism which prevented him from slipping into intellectual, utopian idealization of human nature and political relations among people. Having in mind not only the rational but also irrational aspects of human nature, i.e. the insuperable chasm between good and evil, Kant in that respect offers edifying peacemaking propositions. This he achieves by advocating the concepts of free individuals, independent national states and the cosmopolitan unity of humankind. These three moments make up the content of Kant's concept of republicanism. Their identity and plurality are the foundations of the world peace. (SOI : PM: S. 18)