The Language of Law and the Practice of Politics: Great Powers and the Rhetoric of Self-Determination in the Cases of Kosovo and South Ossetia
In: Chicago Journal of International Law, Band 10, S. 1
In: Chicago Journal of International Law, Band 10, S. 1
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In: The China quarterly, Heft 199, S. 610-626
ISSN: 1468-2648
In: Colombian Yearbook of International Law, Band 2
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In: International Legal Materials, Band 48
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In: Politicka misao, Band 46, Heft 2, S. 115-139
In Hobbes' Theory of Authorization I it was shown how Hobbes, by means of his theory of authorization, managed to resolve the difficult points which, in the previous formulations of his science of politics, weighed on the issue of creation of the state conceived as a doubly impersonal apparatus relying on the representative relation between the sovereign & the subjects. In this text the author re-examines both the approach & the conclusion of his research through critical inquiry into Quentin Skinner's & Hanna Pitkin's interpretations of Hobbes' understanding of representation. In his recent works, Skinner attempted to demonstrate that it had to be interpreted, above all, as an instrument in the ideological conflict between the republicans & the monarchists in England in Hobbes' time. Hanna Pitkin, in turn, brought into question the representative character of sovereign power. As opposed to both of them, the author expounds the thesis that, in order to be understood properly, the theory of authorization must be examined within the more comprehensive framework of Hobbes' science of politics & thus brought in connection with other important elements of its problem-matter, such as the right to punish, the relation between the sovereign's rights & the subjects' freedom, & the duties of the sovereign. By interpreting the theory of authorization primarily as part of a system which is conditioned by & co-formative of the logic of the study as a whole, this text strives to show that the authorization-based relation between the sovereign & the subjects, in spite of the fact that one-sided authorization on the part of the subjects established a sovereign who has no legal obligations to them, is indeed determined by the logic of representation. Adapted from the source document.
Greek and Turkish Cypriots have been negotiating a settlement to end the 35-year division of Cyprus, invaded by Turkey following inter-communal strife, for more than a year with little apparent progress. The island is the only divided country in Europe and its capital, Nicosia, is also split in two. Turkish Cypriots voted massively in favour of a UN-arranged reunification deal in 2004, but it was rejected overwhelmingly by Greek Cypriots. The Cyprus problem has a direct bearing on Turkey 19s ailing bid to become a full EU member as it has to open its airports and ports to Greek Cypriot traffic and recognise the Republic of Cyprus, an EU member since 2004 (the EU acquis do not apply in the internationally unrecognised Turkish Republic of Northern Cyprus in the north of the island). The protagonists involved in the negotiations, directly or indirectly, are the most pro-reunification set ever, but each side has red lines it is not prepared to cross and each accuses the other of intransigence. There is a unique window of opportunity, but one that will not remain open for ever. Time is running out as there is an unofficial deadline of next April when the Turkish Cypriot leader faces re-election and could be defeated by a more hard-line candidate. Even if there is some kind of agreement, it is by no means certain Greek Cypriots will approve it as they are less motivated to do so than Turkish Cypriots, whose attitude towards reunification is also hardening. The Cyprus problem is likely to come to a head during Spain 19s Presidency of the EU in the first half of 2010.
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In: Svobodnaja mysl': meždunarodnyj obščestvennyj žurnal, Band 60, Heft 10, S. 87-102
ISSN: 0869-4435
In: Social policy and administration, Band 42, Heft 6, S. 676-690
ISSN: 1467-9515
Abstract In recent years a major challenge for the EU has emerged around social issues and collective identities. With the emergence of a European political community that has diminished national sovereignty at a time when global forces are also undermining nation states, both Europe and migration become linked as sources of instability. Anxieties about Europe and migration are linked with fears of a clash of civilizations and anxieties about social securities. Social discontent, fuelled by socio‐economic changes, has undermined the traditional sources of identity around class and the nation, releasing xenophobic and nationalistic currents. Fear of others and anxieties about the future have emerged as potent social forces in contemporary society. The result is a crisis of European solidarity, along with a wider crisis of collective purpose. To combat such developments it is essential that the European project gives greater attention to issues of social justice and inclusive forms of social solidarity.
In: Communist and post-communist studies, Band 41, Heft 1, S. 93-103
ISSN: 0967-067X
In this paper the current problems of socio-economic development, such as population loss, public health, and others, in independent Ukraine are presented and analyzed. Their main causes are identified as follows: extensive type of economic development, absence of the clear, sustainable goals and appropriate programs, high level of corruption, general socio-cultural (moral) crisis, passive civil position of society, lack of democracy, and inadequacy of institutions, for example, the higher education system. The contemporary problems of social capital development and inefficiency of science and higher education institutions in Ukraine are examined.
The European Court of Justice in Luxembourg has been issuing judgments since 1954. It is beyond doubt that this body has, in these judgments, influenced the nature of European integration, indeed the nature of Europe itself, in a far reaching manner. Over the years, this Court has been called upon many times to judge in cases and claims originating in wartime Europe. The first of these occurred in 1975 and there are still, in 2008, several cases rooted in the Second World War awaiting judgment. In other words, the legacy of what happened in Europe between 1933 and 1945 is very much a live, if not very well known, issue before the judges of the European Union. This paper examines how the European Court of Justice responds to wartime based claims and how its jurisprudence deals with the history of the Member States of the EU. It is, in other words a specific analysis of the Vergangenheitsbewältigung (the management of the past) by one institution of the Union. This analysis is framed within an appreciation of the difficulties inherent in confronting memories within the European Union. The Court of the Union is no different in this respect and it emerges as closed and restrained when faced with wartime narratives. This struggle to judicially handle its own history, and the narratives which are unearthed in individual, isolated, modest cases, collectively expose a European Union still very much required to confront the past.
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Con el propósito de obtener una mejor comprensión de las razones, el significado y las implicaciones de la reciente crisis andina, protagonizada por Colombia, Ecuador y Venezuela, el análisis busca encontrar respuesta a estas preguntas a través de una mirada a las coyunturas políticas específicas de estos tres países en el marco del contextol atinoamericano actual. ; With the purpose of obtaining a more comprehensive understanding of the reasons, the meaning and the implications behind the recent Andean Crisis, the following analysis tries to find answers to these quesdons by looking inside the specifíc political junctures ofits protagonista, Colombia, Ecuador and Venezuela.
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In: The international & comparative law quarterly: ICLQ, Band 56, Heft 2, S. 371-393
ISSN: 1471-6895
AbstractDoes the rise of international arbitration signify a retreat of the State from classical adjudication? In examining this question, it is important to distinguish contract-based arbitration of individual claims against the State from arbitration pursuant to investment treaties. The former is broadly limited to the private sphere of the State's activity, whereas the latter gives arbitrators a comprehensive jurisdiction over public law. An elaboration of this distinction, and the grey area within it, demonstrates that the significance of international arbitration for juridical sovereignty is its privatization of the authority to define the very concept of the public sphere.
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Metadata only record ; This paper explores the connections between women, deforestation and its negative effects of emissions. If women are the majority of subsistent farmers in Africa, and deforestation produces emissions to the atmosphere, what makes women cut down trees? Kenya's shift to cash crops such as coffee, tea, sugar, flowers and cotton, left little available land for food productions. Development policies encouraged these shifts but women's movements have been fighting for a food crop centered economy. Nobel Prize winner, Wangari Maathai and The Green Belt Movement have gathered support for tree planting and for the retention of indigenous seeds and cultivation techniques. These techniques are considered to improve soil fertility and slow desertification. Tree planting was the starting point to discuss issues such as: food security, awareness of the negative impacts of agricultural petrochemical-based systems on health and the environment, genetically modified seeds, civic education and voter registration. But the movement faced resistance from government and private interests who want the land available for industrial logging, mining, plantation agriculture, ranching, real estate development, manufacturing, and private 'game parks'. To answer the initial question it is not women who cut trees for food self-sufficiency who are the problem, but the commercial logging and large scale export oriented farming that destroy the local environments.
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In: International relations of the Asia-Pacific: a journal of the Japan Association of International Relations, Band 6, Heft 2, S. 249-267
ISSN: 1470-4838