These assertions are corroborated with the statistical data on the trends in Croatian trade and other economic relations, before and after Croatia's independence. The author also pleads for the necessity of Croatia's economic co-operation with its neighbouring states, in line with its interests - the real measure of the relations among sovereign states. (SOI : PM: S. 54) + The real reasons which run counter to the conclusion that "the Balkan market" is essential for the economic development of Croatia are discussed. The author's thesis is that the Westeuropean market (particularly Italian and German markets) is crucial for Croatia and that it has always been so, even when Croatia was a part of the former Yugoslavia. That is why it is thought that Croatia's acceptance of the American notion of an economic integration of Southeasteuropean states would be detrimental to Croatia. The same applies to the European Union's "regional approach" which links EU's co-operation with Croatia to Croatia's co-operation with the states on the territory of the former Yugoslavia
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)
Democracy and constitutional state should understandably be reviewed in the context of a society's progression in curbing the state. In any community the central issue is the relationship between the people as individuals and as members of a collective, since it is desirable for a collective to be a synerg sum of individuals. Thus it is prudent to search for a corellation between democracy and constitutional state. Democracy is an emanation of freedom, constitutions always a limitation. A state hems in a civil society; within it there is a network of the processes of structuring government from "above", which is of particular interest in transitional countries that gave up on the ideologised inaugural effect in designing government and adopted "constitutional engineering": power-sharing, popular sovereignty, representative parliamentarism, promotion of freedoms and basic rights of individuals and citizens. In this, it is imperative to make note of the necessity of structuring societies from "below" by means of the principle of local self-rule. (SOI : PM: S. 147)
"Democracy provides an environment in which the protection of basic human rights is best guaranteed." (Our Global Neighborhood: The report of the Commission on Global Governance, New York 1998). A comparative analysis of available data on state security services of several European states and the US points to the fundamental theoretical tenets concerning the role and the functioning of these services in democratic environment. Since their beginnings, these agencies have been the chief instrument in national security protection. Historically, in various states and in different periods, the unique mission of security services - the protection of national security - has not included uniformity of content. Among other things, this is largely due to a lack of an unequivocal definition of the concept of national security and a miscellany of "perceptions" by the ruling structures of certain states. This is why security services in totalitarian regimes, in t name of protecting "national security", have violated human rights. Due to their specific role within national security systems, security services restri certain rights of certain individuals and organisations even in democratic societies. However, democratic societies are characterised by the fact that security services operate strictly within the law and that such violations are minimal. In other words, in democratic states, security services violate some civil rights in order to protect the key sections of national security, democratic society, and community rights. (SOI : SOEU: S. 150)
The author discusses the history of Croatian teaching in the Independent State of Croatia, a topic seldom written about up to now. For the first time a short review of the organization of the secondary school education in Zagreb during the World War Two is presented, and particularly the development of Croatian educational concepts and practice in the Independent State of Croatia. (SOI : CSP: S. 567)
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
Wars and suffering in the 20th century, mostly the consequences of ethnic and religious antagonisms, have been typical for Europe's southeast. That is why the ethnic aspects of security are central to the understanding of the totality of this region's security, particularly in the 21st century. The security of southeast Europe can be analyzed using realistic, idealistic and neo-realistic approaches to contemporary security as its starting point. The security of this region is affected by the internal circumstances of the region's states and by the economic situation and inter-ethnic relations in particular. Similarly, significant influence is exerted by the relations among the states and nations living there as well as by the ethnic-based conflicts which are the outcomes of these relations. A series of problems caused by the east-European transformations includes the unresolved ethnic and minority issues. That is why no southeastern European state today has worked out the issue of the relations with its neighbors. This part of Europe is to remain a volatile region, fraught with economic difficulties and crises, nationalisms and xenophobia. In such circumstances, with the open sores of simmering ethnic feuds and the specter of various nationalisms, is it realistic to expect rational politics which is supposed to lead the countries of southeastern Europe towards the united Europe? This is the question the answer to which is sought not only by this region's states but also by the leading European states and the USA. (SOI : PM: S. 78)
The author analyses Schmitt's and Luhmann's theory of democracy and the constitutional state. By comparing them, he concludes that Schmitt's critique of the democratic pluralistic state has ended in the theory of direct or plebiscitary democracy in which the constitution is subject to an unpredictable will of political majority which can change it wilfully in line with the power relations. Luhmann, on the other hand, starts from the assumption of the separation between law and politics and builds his concept of the constitutional state on the bipolar differentiation and the mutual checks between law and politics. The author concludes that Luhmann does not give up on Hobbes' pessimistic conviction that human nature is bestial; he only offers a different strategy for the coexistence of cultured savages. (SOI : PM: S. 67)
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.
In numerous European countries, majority nations and national minorities that live in them, aware of the complexity of relations between majorities and minorities in the ethnic sense, and the ensuing dangers, have engaged in mutual accommodation and compromise, thus fashioning certain models of coexistence. Constitutional provisions of European states prove that there is no single model of the recognition of the rights of national minorities. Still, European states may be divided into three groups. The first group includes those states which advocate the constitutional principle of the integral nation and refuse to recognize any other ethnic origin of their citizens. The second group comprises those states which do not divide its ethnic communities into majority and minority ones, which practically means that they do not recognize the category of the national minority; they protect the ethnic identity of their members by dividing their equal citizens by the languages they use. The third group includes those countries which recognize the notion of the majority nation and national minorities. This group has elaborated the provisions regarding the rights of national minorities, particularly the protection of their national, cultural, religious and linguistic identity, with major differences in the scope of individual rights. (SOI : PM: S. 84)
The author publishes an unknown document of Janko Tortic (1902-1962), Croatian Peasant Party member of the parliament. Since 1927 Tortic was the leader of the Intelligence Office of the Main Secretariate of the Croatian Peasant Party and the editor of the Party newspaper. After the putsch of general Simovic he participated in creating the independent Croatian state. During the war he collaborated with the Independent State of Croatia's authorities. Owing to his activity, many followers of the Croatian Peasant Party joined the Ustasha movement, and Tortic himself became a member of the government. After World War Two he emigrated to the USA, where he died. Tortic's document is important for the research work on the activity of the Croatian Peasant Party, especially the events which occurred immediately before the establishment of the Independent State of Croatia. The document is provided with an introduction and notes. (SOI : CSP: S. 367)
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)
More than a decade has passed since the momentous events of 1989 that changed the world order and redefined the geopolitics of Central Europe. This is just the right moment to assess the results of these changes and discuss the future of that region. Based on the past comparative studies or those currently going on, we may say that Central Europe differs from the post-communist East (the former Soviet Union) and the South-East (the former Yugoslavia with the exception of Slovenia) and Albania. First, Central-European states overthrew their communist regimes earlier and in a more decisive manner than the USSR; second, the economic transformation of Central Europe, though not completely smooth, is nevertheless much smoother than the transformation of the member countries of the CIS; third, the post-communist societies differ in the pattern by which their systems of social stratification have changed after the collapse of their communist regimes; fourth, there are big differences between the Central-European post-communist states, including the Baltic states on the one hand, and the CIS members and Serbia/Montenegro-Yugoslavia on the other regarding their international orientation. The author highlights three significant events that are going to leave their trace on the regional geostrategic situation: NATO's eastern expansion, NATO's campaign against SKY and the election of Vladimir Putin for president of Russia. The regional geopolitical picture may become more stable with closer ties between the states of Central Europe and Germany. (SOI : PM: S. 11)
In today's world, marked by an increasing interdependence, national security is becoming a component of international security, which is not a mere sum of individual national securities, but a permanent international framework of universally acceptable values. Interethnic relations today are central for a state's security, as well as for international order. There is the question whether the international system must guarantee individual and collective security of ethnic groups/minorities, regardless of the state they live in. Today, human and minority rights have become an important institutionalized international factor of security and stability and a concern of the entire international community, despite the fact that many states still claim that minority policy is their internal problem into which international community has no right to interfere. The affirmation of the rationalist approach to contemporary security implies that the responsibility for guaranteeing security lies not only on individual states and unions but also on the international system as a whole. (SOI : PM: S. 35)
