Suchergebnisse

Pitanje prava drzava na samoodbranu je jedno od fundamentalnih pitanja medjunarodnog javnog prava. Ovo nacelo koji postoji koliko i samo medjunarodno pravo, formulisano je na univerzalan nacin sredinom proslog vijeka, i postoje mnogi pisani radovi o njegovoj izradi i tumacenju. Pozivanje na samoodbranu kroz cijelu istoriju je koristeno kao opravdanje za zloupotrebu sile od strane drzava van svojih teritorija. ; Question of right of states to self-defense is one of the fundamental questions of public international law. This principle, which exists just as long as public international law does, was formulated in universal manner by the mid 20th century and there are many written works on its formulation and interpretation. Invoking self-defense during the course of history was used as a pretext for the use of force by the states outside of its territories. Right of states to self-defense originates from customary international law. During antic and medieval times, principle of self-defense was linked to the theory of just war which was differently interpreted in different times. In the period between two world wars, still there was no absolute prohibition of the use of force in international relations so the principle of self-defense was linked to the right of self-help through use of different forcible measures: retorsions, reprisals, naval blockade, intervention and demonstration of naval power. Contrary to the period of League of Nations, mechanism of implementation of international law was centralized by the foundation of the United Nations because a single body – Security Council – was entrusted with the authority to determine when the use of force is allowed in international law. Article 51 of the United Nations Charter defines that the states have a right to individual or collective self-defense in case of armed attack on the UN member state. This right is considered legitimate until the Security Council has taken measures necessary to maintain international peace and security.

The ultimate goal of game theory is to provide a theoretical model for strategic situations' analysis, i.e. for situations where one actor's choice depends on the behavior of other players in the game. As a concept, game theory is also applicable to the legal context. Legal dialectics and processes are often conducted in some form of strategic interactions. Game theory is a way to see how legal rules affect particular actors' behavior. International Economic Law has its own dynamics which makes the process similar to the analysis through the game theoretical tools. Therefore, the rules of international law are considered as the rules of the game that are taking place among different actors. Game theoretical considerations clarify the substance of the interaction and cooperation of players involved (states, international organizations and other actors). Game theory provides a basis for normative analysis of the issue of implementation of the rules of international law and improves understanding of those rules. The topic of the paper is the application of the game theory in the context of the legal framework established by the World Trade Organization. The member states' dilemma between using the advantages and liberalization options provided by the WTO on the one hand, and joining the regional trade agreements, on the other one, is strategic by nature. Therefore, game theory can contribute to understanding and resolving, using the game of 'prisoner's dilemma' as a model. It is the game which clearly shows that a group of rational egoists can end up worse than a group of actors that acts prima facie contrary to their own interests. 'Prisoner's dilemma' demonstrates why society and law has the need for coordination as well as mechanisms for co-operation. WTO member states put emphasis on the process of liberalization conducted in the framework of regional trade agreements (RTAs); at the same time, their participation in WTO negotiations is not effective and efficient enough to make a breakthrough in the multilateral framework. A solution of the game for Member States is not to cooperate: i. e, liberalization is primarily achieved through regional agreements rather than within the WTO. The rational decision of the Member States (opting for a regional approach) has resulted in a suboptimal result, which is a basic characteristic of the game model based on a prisoner's dilemma: in this case, the optimal solution would be cooperation through a multilateral framework (World Trade Organization).

Different parts of State territory on land, sea and in the airspace are explained first. The concept of territorial sovereignty is envisaged through principles of its all-inclusiveness and its exclusivity, subject to many exceptions and restrictions imposed either by rules of general international law or by specific treaty obligations that can be assumed by a State. The concept of State servitudes was not assimilated in the practice of international courts and tribunals. Besides, it can be the cause of some misconceptions and confusion in public international law. Within the explanation of territorial boundaries are discussed the so-called natural boundaries such as boundary rivers and lakes and mountain boundaries, as well as the artificial boundaries. Follow explanation of the principle of "uti possidetis, of procedures of fixing boundaries and of special legal scope of boundary treaties in international law. (SOI : PM: S. 74)

The first section of this paper discusses a public diplomacy concept within the international relations paradigm shift that takes place in a radically changed global environment. Public diplomacy is analyzed primarily through cultural aspects in relation to other concepts such as propaganda and 'nation branding'. The second part is dedicated to identification of the key problems that the Republic of Serbia is facing regarding conceptualization and implementation of public and cultural diplomacy. It analyzes the institutional framework and effects of international Serbian policies up to now. It points to the need for long-term synchronous involvement of different actors in the field of public and cultural diplomacy of the Republic of Serbia, in order to promote not only its political positioning and reputation in the world, but for the sake of strengthening its economic and other development resources. Recognition of public and cultural diplomacy as an effective long-term means of building the reputation and position of the Republic of Serbia in international relations is extremely important. It means to articulate the need to design a new cultural concept, which would be built into a system of values that traces the path of Serbian development. The basic question, therefore, in terms of conceptualization of public and cultural diplomacy, remains the question of the narrative. This is the new and the old question of all questions: 'Who are we, where are we going and where do we want to go?'.

In this paper the author points out to the importance of main organizations for establishing of international peace and security. They are the following: League of Nations, United Nations, Organizations of European Security and Co-operation, Conference of European Security and Co-operation, European Council, West European Union and NATO. Until the end of the Cold war, the universal organizations have played primordial role, but after the mentioned period the regional ones took the lead. The reason lies in the shift in balance of power - from bipolar to unipolar. The League of Nations and CESC can be observed from the historic perspective. NATO and UN played a crucial role during the internationalization of Kosovo issue and the act of intervention itself. NATO demonstrated its power and proved in the absence of real balance of power, la force l'emporte sur le droit. On the other hand, UN had passed several resolutions that condemned violence in Kosovo and Metohia (1160, 1199 and 1203 - all passed in 1998). During 1999 Security Council had passed a famous Resolution 1244, by which it was decided a civic and military mission should be established in Kosovo and Metohia - UNMIK and KFOR KFOR dealt with security issues in order to ensure the respect of it to all nationalities in Kosovo and Metohia. UNMIK set a very ambitious task lying ahead trying to establish standards before the future status. Realizing that it would be impossible to reach the standards, UNMIK started with the policy of status determination without standards establishing. The outcome of such policy is Ahtissari's Plan for supervised Independence of Kosovo, and finally the Declaration of Self-proclaimed Independence of Kosovo. We are also witnessing the transfer of horizontal and vertical effective state authorizations to the mentioned international organizations, bearing in mind problems it encounters. NATO deals with security issues, but European Union being unable to deal with such tasks (ESDP policy is to be as attempt), is more concentrated on economic issues.

Thucydides is considered to be the founder of political realism. Even in those times he determined the basic premises of realism - security and survival. He made an impact on subsequent development of realism embodied in the works of Machiavelli, Hobbes, Morgenthau, Car, Niebuhr, Aaron, Waltz etc. They will call the system of international relations as anarchical one since there is no supreme arbitrator which will force states to adequate behaviour. His views of realism were given in the volume 'The Peloponnesian War' where he had determined the anarchy of the relationships among states. Such system did not rely on justice and morale, but force and power were the predominant facts. He also introduces the category of just wars by claiming that Sparta led a just war against the increased power of Athens, and observed morale principles. Nevertheless, Thucydides faces contradictory, since Sparta itself as the largest land force of that time had to use force in order to beat Athens. He went ahead since he considered force and power as a necessary condition to achieve other objectives, which was later on adopted by Raymond Aaron. Following the example of the war between Athens and Sparta, he successfully analysed bipolar system of balance of power in which the conflict between the leading members of the two opposite blocks was possible in the end, while beforehand there should have been conflicts among weaker members of both blocks. Thucydides explained the manifestation of force and power using example of the Melian dialogue between the envoys of Athens and Melos. It was about the pure politics of force of Athens regardless of the fact that Melos had its independence.

The paper deals with the issue of regulation of the right of natural and legal persons to environmental information, in relevant international legal documents. There is a survey of certain international conventions which envisage this right in their field of regulation. The right to access the information is in details regulated in the Aarhus Convention, which comprises significant part of this paper. This kind of regulation of the right to environmental information has performed a significant influence on states and international organizations, which created their domestic and international rules, using the solutions from this Convention. The European Union has enacted a significant number of directives on the right of a public to receive environmental information. The special emphasis will be on the work of the Aarhus Convention's Compliance Committee which has a significant role in supervising and deciding about the compliance with the application of the Convention in its member states.

Im Mittelpunkt der Untersuchung steht das Konzept der Neuen Internationalen Informationsordnung. Der Autor befaßt sich insbesondere mit dem Problem der ungleichen Entwicklung der Informationsmittel und der Kommunikationsmöglichkeiten in der Welt. Nach seiner Ansicht würde die internationale Informationsordnung eine Rechtsgrundlage für die Beseitigung von Ungleichheiten im Bereich der Kommunikationen schaffen und darüber hinaus zur Verwirklichung der Informationsfreiheit beitragen. (BIOst-Klk)