Suchergebnisse

Cilj ovog članka je višestruk. U prvom delu se diskutuje o konceptu regulatornih agencija, koje spadaju u grupu nemajoritarnih institucija (non-majoritarian institutions; u daljem tekstu NMI): kada i zašto nastaju, koja je njihova uloga, i sa kojim problemima se suočavaju. Potom se analiziraju regulatorna tela u Srbiji. Fokus je na sledećem aspektu - nezavisnosti ovih institucija: pojašnjavamo različite vidove nezavisnosti i ukazujemo na konceptualne nejasnoće. Zatim računamo tzv. formalnu (de jure) nezavisnost regulatornih i kontrolnih tela u Srbiji koristeći se Đilardijevim indeksom (Gillardi 2002, 873-893). Rezultati pokazuju da regulatorna tela u Srbiji poseduju visok nivo formalne nezavisnosti. S obzirom na to da je ona samo preduslov za tzv. faktičku (bihejvioralnu) nezavisnost, neophodan je oprez prilikom donošenja ocene o statusu regulatornih institucija u Srbiji. Da bi se konceptualizovao i izmerio bihejvioralni aspekt nezavisnosti, neophodni su dalji radovi koji će se susresti s većim metodološkim ograničenjima. ; The article discusses the concept of regulatory agencies: when and why they arise, what is their role, and what kind of challenges they face. Analyzing a group of regulatory agencies in Serbia, the article measures their de-jure independence using Gillardi's index. The conclusion is that, viewed through the lenses of formal institutional design, Serbian regulatory agencies exhibit a high degree of independence. However, this might be further mediated by insufficient or hindered enforcement. Therefore, in order to account for a full picture of the agencies' institutional life, in the first place their de-facto independence, one needs to reflect on what some theories of Europeanization drew attention to – to what extent have the regulatory agencies resorted to their formally granted powers and mechanisms in practice. Such an exploration of enforcement would be a step further in accounting for the genuine agencies' level of independence.

The article problematizes dominant understandings of moral rights to territory and rejects the claim that the legitimacy of independence of the former Yugoslav republics can be grounded in the right of their peoples to self-determination, either within ethnic or then-existing administrative boundaries. Instead, the most promising normative justification for a decision to recognize Yugoslav republics as independent states follows from a particular interpretation of the all-affected interests principle in democratic theory, which leads to a radical reconceptualization of the idea of the people, 'its' territory, and the legitimate role of the international community. Adapted from the source document.

The value of a social order is worth as much as it is ruled by satisfaction, security and well-being among people. The purpose of civilized and democratic systems is to guarantee and ensure the rights and freedoms of man and citizen, primarily through organized institutions. In an organized state, each of the institutions has a clear specific function that is more or less aimed at making life easier for citizens. One of them, which will be the topic of this paper and which has recently been introduced into our legal system, is the Protector of Citizens or the Ombudsman. The idea for this institution was born in Sweden, and after a number of years, it spread around the world. The ombudsman is an independent state body that takes care of a person, his rights, and above all protects him from irresponsible and illegal behavior of administrative bodies. Its significance today is immeasurable for the individual and society, as well as for the state and its reputation on the international platform. In addition to protection, its function is also control, in terms of constitutionality and legality of acts and actions of administrative bodies.

The article explores the process that led to Kosovo's unilateral declaration of independence and argues that the willingness of many countries to contribute to the creation of Kosovo as cannot be explained solely by humanitarian concerns, and the remedial understanding of the right to self-determination. What seems to have motivated the Western powers was also the recent memory of the UN's failure to stop the internecine wars which characterised the SFRY's dissolution (particularly the war in Bosnia), as well as the rejection on the part of the international community with the way in which Kosovan autonomy, previously entrenched in the SFRY constitution of 1974, had been emasculated from 1989 onwards by both Serbia and the FRY in a process which served to deny Kosovo Albanians both the minority rights and the right of internal self-determination. Finally, the article speculates on the long-term implications of the Kosovo intervention. Instead of being seen as a 'unique case', the intervention in Kosovo may be seen as the consolidation of a growing European commitment to the rights of internal minorities, including the right to territorial autonomy for national minorities. Adapted from the source document.

In this paper author analyzes the attitude towards the Serbian identity by the former ruling structures of Montenegro led by the DPS. As a theoretical framework the paper uses the theory of securitization which is an adequate analytical and research concept to explain how and in what way the Serbian identity in Montenegro is marked as an existential threat and danger to the independence, sovereignty and modern character of the Montenegrin state. Although the differentiation between the ethno-national Montenegrin and Serbian identities within Montenegro is a process that began even before the declaration of independence in 2006, the author primarily focuses on the securitization processes that marked the previous two years. By analyzing the contemporary public discourse the author notices securitizing moves that fit into the "grammar of security" and identifies the main factors of the securitization process in Montenegro that seek to maintain the same social and political narrative which is dominated by the division between Montenegrin and Serbian identity and thus labeling the latter as a security threat to the state.

The author looks into the concept of the "smal1 nation" and whether it is high time for its scientific or linguistic revision. If "small nations" are a qualitative category, why define them quantitatively as "small"? Small nations gained independence in two waves: between the German-French war (1870-1871) and the end of World War One, and after the close of the "cold war" in 1990. However, not all small nations gained independence (e.g. Basques, Catalonians, Bretons, etc.). They pose a major challenge for Western Europe. The example of Croatia and its relationship with Serbs serves to illustrate the vacillations in the European ideology and attitudes towards small nations. The pressures exerted on the Croatian state regarding the political attitude of the Croatian people towards small nations did not stem from the logic of globalist economism or neoliberal political doctrine but were the.consequence of the war which the mother country Serbia of the Serbs in Croatia waged with the aim of annexing the territories on which they were a majority population. (SOI : PM: S. 98)

Taking into consideration all the benefits and pitfalls of its political, economic, military, and cultural legacies, the People's Republic of China has adopted a policy of reliance on rapid economic growth and improvement of the standard of living, conducive to political and social stability of Chinese society and state. This goal has been accomplished only temporarily and partially, while the final result primarily depends on the ability of the Chinese leadership to find the golden mean between the two opposites: the closed political system and the need to maintain an open economy. In its search for a place in today's world, the People's Republic of China is faced with the central choice of the equitable participation in global community: full acceptance of its mechanisms and principles (beginning with the United Nations) and international trade norms, the protection of human rights, armament control, environmental protection and so on. However, the Chinese see in this a threat of the erosion of Chinese independence and the possibility of choice and political independence of the Chinese state. (SOI : PM: S. 44)

The author describes the political and geopolitical genesis of the Kosovo crisis and offers a polemically intoned criticism of the great powers regarding their policies on the entire territory of the former Yugoslavia, and particularly on Kosovo. The author advocates the continuation of the military struggle of the Kosovo Albanians until they have achieved their total political independence. (SOI : S. 50)

The war in Kosovo and Metohia was the result of a decade long tensions between ethnic Serbs and Albanians. It was led from the air in order to avoid more potential victims in case of land invasion. The end of war was the result of mutual concessions: from NATO side and the Serbian one. The sovereignty of FRY was not put into question, but a great autonomy of Kosovo was predicted including the possibility of independence acquisition (secession). The Resolution 1244 was not abolished, but it was being derogated in order to prepare the fundament of Kosovo independence. Serbian military-security forces were withdrawn from the territory of Kosovo and Metohia. NATO intervention was not legal from the point of view of international law, but it subordinated sovereignty to human rights. Intervention was justified in cases of humanitarian need. Event though humanitarian need (catastrophe) is taken as the basis for the intervention, the example of such kind could not be found in the past. So, Kosovo cases were qualified as sui generis one. Thus, the war in Kosovo became an example to be followed in the future, and an unresolved situation may become the threat to the peace and security in the surrounding countries. Democratic countries give themselves the right to interfere and intervene into internal affairs of others differently from the autocratic ones, which was supposed to be neither correct nor consistent. Kosovo conflict and war rattled global power structure, especially with China and Russia as new challengers of the USA power. Both countries are trying hard to reach USA, but they are still in transition with unstable financial systems, migrations and unresolved system of social protection. Regarding Kosovo conflict and war, they engaged themselves rather indirectly than directly. As Security Council permanent members they were voting against the independence of Kosovo, but did not involve themselves into the war directly. Kosovo war showed how China is backward regarding war technique, and Russia regarding financial engagement. In addition, China expected membership in WTO, and Russia a great financial assistance. Russia engaged in negotiations via the Contact Group. With the arrival of Putin, Russia could not engage in Balkan more militarily but only commercially due to the fact most Balkan countries entered NATO or Partnership for Peace Programme. Internal cohesion of Russia with centralistic governance was reinforced, and ethnic tensions were calmed down. The perspective of Russia is United Nations and commerce through pipeline.

The author analyses the genesis and the scenarios of the Kosovo crisis resolution, as well as the possible political reverberations of the NATO military intervention. The premise is that the Kosovo crisis is only a continuation of the break-up of the former Yugoslavia, that Kosovo has for centuries been a separate entity largely populated by Albanians, that the policy of Serbian nationalism has permanently discriminated against the Albanian population and that prior to the recent air strikes against Yugoslavia Serbia had systematically led an ethnic-cleansing campaign on Kosovo. Although the author recognises that the support for the NATO military action can hardly be found in the tenets of the UN Charter, he argues that it can nevertheless be justified by international law. He points out that NATO's military campaign enjoyed a broad support of the people of NATO member countries, but that it has made a rift in the European left. The new left was in the forefront of the action, while the old, dogmatic and sectarian left, found itself in the ranks of its most vocal opponents. The author claims that Milosevic, with his overall politics, and particularly his policy on Kosovo, had propelled the West into an action it could not extricate itself from. He concludes that the consequences of Belgrade's defeat will be: 1. The collapse of Milosevic' regime (the beginning of his end); 2. The final incapacitation of Milosevic' politics to create new conflicts; 3. The protectorate over Kosovo and its autonomy, with a factual independence from Serbia; 4 The independence of Montenegro; 5. Reinforcing the Dayton policy in Bosnia and Herzegovina (eliminating centrifugal tendencies); 6. The organised participation of the West in the transitional processes in this region (The Pact on the Stability of Southeast Europe); 7. Bolstering the democratic and weakening the undemocratic tendencies in the region. (SOI : S. 14)

Supilo, as one of the most significant Croatian politicians left an indellible mark on Croatian political life due to his discerning political judgements. After his attempts to secure the unification of Croatia with Bosnia-Herzegovina within the Austro-Hungarian Empire by means of a joint Croato-Serbian effort had fallen through, he became one of the most fervent advocates of the unification of all South Slavs within a common state. But he was also the first to recognize the destructiveness of the Greater Serbian politics for a harmonious political life of the future South-Slavonic state; With the same ardour with which he once advocated the unification, he began his fight against it and for the independence of Croatia hoping in this way to save its territorial and national integrity. (SOI : PM: S. 280)

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.