Ustavni haos prve revolucionarne rotacije u Srbiji 5. oktobar 2000-27. jul 2012.: sociološkopravna studija
In: Edicija Reč 79
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In: Edicija Reč 79
In: Politička misao, Band 34, Heft 4, S. 3-13
The author defines the state of law as a typical product of German political culture which corresponds to, but also differs from, both the experience of the English rule of law and that of the French l'Etat-Nation. The author pays particular attention to the issue of the legitimacy of the state of law. He focuses on two different approaches to this issue in the works of Volker Gerhardt and Ernst Wolfgang Böckenförd. Following a critical analysis of their fundamental assumptions the author goes on to divulge the thesis on the necessity of a balance between rights and power in the functioning of modern political systems. (SOI : PM: S. 13)
World Affairs Online
Energy security and stability has become a major issue over the last few years in the whole world's economic and social development. Despite its high development and evolution of its approach to the issue of energy security, the European Union is also facing the problem of decreasing its role in reducing human impact on the climate. Energy is of essential importance for the development of any country, including Bosnia and Herzegovina. Without adequate policies in the energy sector bussines, industrial and economic progress is not possible either. However, regardless of how energy is important for the development, it is still only a mechanism for achieving an ultimate goal – sustainable economy, clean environment, high living standards, prosperity and population health. According to the official data, Bosnia and Herzegovina produces annually about 13.600 GWh (data from 2010), out of which 7.950 GWh in thermal power plants and 5.650 GWh in hydro power plants. Basic domestic energy sources in Bosnia and Herzegovina include coal and hydropower, while gas and oil are imported. This paper gives an overview of future of the European Union energy policy by 2020, together with the situation and outlooks for Bosnia and Herzegovina renewable energy sources: hydropower, wind power, solar energy, biomass and geothermal energy. The legislation of renewable sources in the Federation of BIH, as well as the European Union's legislative framework, are also presented. ; Energy security and stability has become a major issue over the last few years in the whole world's economic and social development. Despite its high development and evolution of its approach to the issue of energy security, the European Union is also facing the problem of decreasing its role in reducing human impact on the climate. Energy is of essential importance for the development of any country, including Bosnia and Herzegovina. Without adequate policies in the energy sector bussines, industrial and economic progress is not possible either. However, regardless of how energy is important for the development, it is still only a mechanism for achieving an ultimate goal – sustainable economy, clean environment, high living standards, prosperity and population health. According to the official data, Bosnia and Herzegovina produces annually about 13.600 GWh (data from 2010), out of which 7.950 GWh in thermal power plants and 5.650 GWh in hydro power plants. Basic domestic energy sources in Bosnia and Herzegovina include coal and hydropower, while gas and oil are imported. This paper gives an overview of future of the European Union energy policy by 2020, together with the situation and outlooks for Bosnia and Herzegovina renewable energy sources: hydropower, wind power, solar energy, biomass and geothermal energy. The legislation of renewable sources in the Federation of BIH, as well as the European Union's legislative framework, are also presented.
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In this article Dr Pribicevic analyses the impact of Kosovo crises on Serbian EU integrations and shaping of political scene of Serbia. Dr Pribicevic pointed out how crises started in spring 2011 when idea of split of Kosovo appeared again in Serbia and then continued with the clashes between KFOR and Serbs from north of Kosovo in order to get the control of administrative crossing Jarinje and Brnjak. During the summer 2011 German chancellor Merkel visited Serbia and asked government in Belgrade to normalize its relations with Kosovo and dissolve "parallel institutions" of Serbs in the north of Kosovo. Following this visit Serbian government continue its negotiations with Pristina and find out solutions for administrative crossings. On the other side, Belgrade and Pristina didn't find solution for the problem of presentation of Kosovo on the regional gatherings after what European council, under the German influence, decided to postpone the decision to give Serbia the status of candidate for the EU. Therefore, Serbia remains without EU candidaturein December 2011 in spite of the fact that government in Belgrade handedover general Ratko Mladic and Radovan Karadzic to Hague Tribunal as well as conducted a number of successful reforms which got very high marks from EU commission. In this article Dr Pribicevic is trying to answer several questions. Why Washington and Berlin imposed such a strong pressure on Serbia in this moment? Is split of Kosovo possible solution? Could Serbian government continue with current politics of EU and Kosovo or it should take one of these politics as a priority? How Kosovo crises influenced Serbian political scene? At the end, Kosovo crises opened the crucial question: could Serbia enter EU without "recognition of territorial integrity of Kosovo"as described by German foreign minister Westervele. Having in mind forthcoming elections in spring time 2012 author thinks that ruling Democratic Party as well as leading opposition party Sebian Progresive Party will continue with current politics "both EU and Kosovo". Such politics will be in accordance with the public mood in Serbia which shows that support for EU integrations is declining with the growing pressure of US and Germany on Serbian Kosovo's politics. On the other side, Serbian politics "both EU and Kosovo" is not sustainable on the long run and Serbia has to face difficult decisions in future. Also, according to the author opinion Kosovo crises showed weakness of Serbian international position. It is without important allies among key Western powers which has dominant influence in this part of Europe. Serbia has support of Russia but key influence on Kosovo has US, GB, France and Germany. These powers connected Serbia's further progress towards EU with normalization its relations with Kosovo, knowing in advance that the time when Serbia is seeking for the EU candidature is the best time to ask Belgrade to make concessions in its Kosovo's politics. Western powers do not expect Serbia to recognize Kosovo but they expect Serbia to accept " territorial integrity of Kosovo", including its north part. Why Kosovo become so important for leading Western powers? Author thinks that several reasons influenced such tough behavior of Western power towards Serbia. First, after helping them to create an independent state, US perceived Albanians as the most reliable ally in this part of Europe. Second, Germany and other big powers in Europe wants to prevent creation of new frozen conflict in Europe similar to Cyprus one, Third, all big Western powers has reserves towards Serbian foreign policy and its orientation on EU but as well as on Russia, nonalignment world, China which quite often is described in the West as sitting on the two chairs, Last but not the least, Germany as well as France is not very eager of politics of enlargement of EU in the eve of forthcoming elections in these countries scheduled for 2012 and 2013. Therefore its hesitation in this moment towards further enlargement with US pro Albanian politics creates tough dillemas for Serbian politics in foreseeable future.
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ISSN: 2334-7716
In: Posebna izdanja 129
In: Politička misao, Band 33, Heft 1, S. 178-187
The author is of the opinion that experts in international law are not broad-minded regarding the establishment of a state. Most legal experts take for granted the statements of the international judiciary on the existance of certain rules of general international law and consider them validated and indisputable. This faction has been given support by states since they uphold those legal statements that suit their interests. The author analyses the Opinions of the Arbitration Committee on the process of the disintegration and the criteria for the dissolution of the former Yugoslavia as well as the criteria for the creation of the new states. He considers this precedent as central for international judiciary law. (SOI : PM: S. 187)
World Affairs Online
The relations with Russia rank among the most important and most complex issues in the US and UK foreign policy. The years after the Second World War have been marked by an exhausting arms race between the Western and Eastern bloc that ended with the fall of the Berlin Wall, the break-up of the Soviet Union and the victory of the United States and its Western allies. The purpose of this paper is to analyse the relations between the US and the United Kingdom on the one hand, and Russia, on the other, during the mandate of President Trump and after Brexit and point to possible directions that these relations may take in the aftermath of Biden's victory in the 2020 US Presidential elections. The author proceeds from a hypothesis that the efforts of President Trump, who, contrary to his predecessors, felt that the relations with Russia should be based on interests rather than ideology, have failed. He has not been successful primarily due to the huge resistance mounted by the state structures, mainstream media and anti-Russian coalition forged by the Republican and Democratic parties. The relations between the UK and Russia remain cold after Brexit as well due to the severe problems between the two countries. The first part will deal with the strained relations between the United States and Russia following the West's victory in the Cold War, the efforts of President Trump to improve these relations and his failure to do so. The second part of the paper will address the relationship between the United Kingdom and Russia, which is in many respects even more complicated than that between Russia and the US. After Brexit, the relations between the two countries continue to be plagued by the activities of the Russian agents in Great Britain, the crisis in Ukraine and different views on the war in Syria. In the third part, the concluding part of the paper, the author tried to answer the question of how the relations between the US and Russia will develop after Joseph Biden won the 2020 US Presidential elections. According to him, the new President will continue to pursue the traditional policy towards Russia agreed upon by both US parties. It can be expected that Biden will, despite the policy of sanctions pursued by his predecessors, Obama and Trump, engage more in supporting the opposition and civilian sector in Russia. Given the cold and strained relations between these two states, it may be assumed that Great Britain will readily follow a new, tougher course of action pursued by President Biden towards Russia and Putin. It is especially important for UK politics that Biden returns to the ideas of liberalism because, as we have seen on previous pages, in London, in addition to the actions of Russian agents on the UK territory, Putin is most resented precisely for his activities to overthrow the ruling liberal order. Despite the good ties between Prime Minister Johnson and the former US President who supported Brexit, Biden's victory will bring relief to the UK because of his commitment, as opposed to Trump, to bring back America to the world political stage, where London is likely to expect to find space for its new global role after leaving the EU. On the other hand, Moscow will probably continue with its past foreign policy strategy in anticipation of the moves to be taken by the new US President without high expectations regarding the future relations between the two countries. Russia has even fewer expectations when it comes to relations with the UK, given the gravity of the problems that burden the relations between the two countries.
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Harmonisation of the foreign policies of the Western Balkan states with the EU Common Foreign and Security Policy (CFSP) within the Charter 31 of the pre-accession negotiations will be a significant obligation and challenge for most of them. Within this context, the author takes as a starting point the regular annual reports on the progress achieved by the states in the region. They show the degree of harmonisation of their foreign policies with this Union's mechanism (within four years in the 2011-2014 period). The author of the article particularly points to the real and substantial discrepancy between the normative framework of the EU CFSP and the specific activities taken by the Western Balkan states in the part concerning their position to the current crisis in Ukraine which, in a way, 'reflects' the geo-strategic interests of the 'West', on one hand, and those of the Russian Federation, on the other. At the same time, he points to the membership in the North Atlantic Alliance as a favourable framework for the acceleration of harmonisation of a country's foreign policy with the EU CFSP.
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In: Politička misao, Band 35, Heft 1, S. 54-74
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)
World Affairs Online
When researching multiculturalism and the process of Europeanisation in Serbia and countries of the region, one must first examine the status of multiculturality and multiculturalism, from the normative framework to states' policies which decidedly determine the nature and functioning of a political community. Starting from the fact that the context, nature and structure of a political community determines the essence of rights and freedoms stipulated by the constitution and laws, as well as that a synergy of good laws and sound policies enables an effective policy of multiculturality, integration and interlacing of cultures of diverse national communities in a society, the proclaimed multiculturalism was studied in this paper, with a view to ascertain whether such constitutional and legislative framework and policies exist, and if they did, whether there was concerted action between them. The key finding was that the states of the region support a civil state in principle, that they are exclusively or predominantly nationally legitimised by the highest legislative acts and that the factual state is marked by various national cultural identities that are not integrated into the model of plural citizenship. The paper shows that there is a lack of political will to transform the declared support for a pluralistic civil state into public policies affirming the values of multiculturalism, as well as that there is a lack of strong institutions to support such policy. Creating civil awareness, strengthening civil values and virtues are not priorities for state institutions or media controlled by governments. Rather than that, their priority is to strengthen national identities. Hence, based on the above, we can affirm that civil states, civil values and civil identities are only at initial stages, i.e. that they are still, only occasionally, at the level of general programme orientation and set aims. The necessary ingredient for their firm establishment is a consolidated democracy and acceptance of universal values of developed democracies, such as the rule of law and protection of human rights and freedoms.
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In his main oeuvre from the field of political philosophy ('Basic Traits of the Philosophy of Right'), Hegel wished to reconcile civil society with state. Civil society is for Hegel the way of abstract notion of property concretization. Subjective form of property is evolutioning into objective relationships among title holders. It is in the state where the will is set free from its particular interests and is becoming free in the widest sense of the word. Since civil society is established as per marketing principles, it is subject to inequalities. Since inequalities bear destructive effect on the life in community, civic particularism may be overcome only in institutional way. That institution is the state as the 'seriousness of the spirit', and the essence of civil society. Civil society is a liberal one, and the state is based on liberal principles. For Hegel, contrary to Hobbes and Locke, liberal society is not a social contract among individuals who possessed some natural rights (property), but reciproque and equal agreement among citizens and states which wish to recognize themselves mutually. It is not an own interest, but searching for rational recognition. The same as citizens, states also wish to reconcile themselves mutually, what in the situation in Kosovo and Metohia alike gets the original form.
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