Suchergebnisse

The paper deals with cross-border insolvency protocols as special source of insolvency law. Protocols are agreements between parties in insolvency procedure that deal with many significant questions in order to establish cooperation and coordination between participants. Protocols are used in cross-border insolvency proceedings in order to overcome differences between state legislation that can pose major obstacle for maximization of the value or efficient reorganization procedure. This instrument has special significance in cases of cross-border-group-insolvencies. Namely, in this case every subsidiary is a separate entity, but the preservation of economic value of the group as a whole calls for cooperation between insolvency practitioners and/or judges. The topic is especially interesting having in mind that European Insolvency regulation Recast explicitly mentions the use of protocols as means of cooperation (Recital 49). This will most definitely have broader implications on insolvency laws of civil law countries and it will contribute to wider use of protocols in these countries.

International police and other cooperation is a necessity of the modern world and imperative for the survival of human civilization. The goal of cooperation is that states and the international community unite in opposing crime as the greatest peacetime evil in the world. This is particularly in relation to organized crime, terrorism, and corruption and other most serious forms of crime in contemporary society. Cooperation takes place at the bilateral, regional and multilateral levels. Bilateral cooperation mainly has a trans-border character of neighboring countries, while the regional cooperation between states within certain areas such as the SEE region (Western Balkan) or Europe (e.g. Europol). Multilateral cooperation is mainly on a broader level, e.g. in the field of combating terrorism or through universal organizations (e.g. Interpol). International police cooperation in Europe has a long tradition. One part takes place today in this area through the OSCE, with the caveat that this is a global organization that deals with security issues. The Council of Europe is the next organization through which co-operation began in the past and is partly carried out to this day, given that it brings all European countries together (except Belarus). Cooperation is more intensive still throughout the European Union, its forerunners, the current forms of the organization and present mechanisms (EAW- European surrender and arrest warrant).53 The cooperation in the EU, that takes place through Europol as a specialized agency of the Union is especially current, but with minimal operational competencies. In the SEE region, a significant cooperation between countries of the former Yugoslavia and countries in its neighborhood has been achieved. This cooperation is not only based on bilateral and multilateral acts, but primarily regional documents of which the most important are the International Convention on Police Cooperation in SEE and SELEC Convention. According to these and other acts, all the countries in the region have taken part in regional cooperation, since the fight against crime is the common interest of all. This applies in particular to organized crime, terrorism, corruption and other most serious forms of crime. Extremely important shapes, forms and mechanisms of international police cooperation are: exchange of information, joint investigation teams, joint operational actions, liaison officers, contact points, regional centers for police and customs cooperation, joint police stations and others. To recap, international police cooperation in the world today is an expression of anti-criminal solidarity between states and its prospects are clear, because the danger of crime is global and requires a harmonized response at the international level.

United States participation in international politics during the period between the two world wars, come not only from the general and often declarative interest in peace, but was also a consequence of extremely rapid expansion of their foreign trade and overseas capital investments. It was a period of intense financial diplomacy, when efforts to maintain the gold standard, to determine the amount of reparations and the manner of payment of war debts, brought confusion not only in relations between victors and vanquished, but also in relations between the United States and its former European allies. Abandonment of the gold standard and the creation of the tripartite agreement between the United States, Britain and France, in the 1936, was a milestone in the development of international monetary cooperation and the role of United States in international economic relations. .

Crime and violence pose a serious challenge to Mexico. The problem appears to be growing worse, with 2011 on pace to become the most violent year on record. The rising violence in Mexico has resulted in a sharply heightened sense of fear among citizens, who now feel the presence of cartels in their every day lives. The use of extortion and kidnapping by cartels combined with a lack of trust in security forces terrorizes the population and makes them feel like they have no where to turn. Despite this fact, crime rates in Mexico remain lower than in other parts of Latin America. Venezuela, for example, has among the highest homicide rates in the world. Yet the pervasive infiltration of cartels into public life gives Mexicans a heightened sense of the severity of violent crime in their own country. Although accurate statistics are hard to come by, it is quite possible that 60,000 people have died in the last six-plus years as a result of armed conflict between the Mexican cartels and the Mexican government, amongst cartels fighting each other, and as a result of cartels targeting citizens. Mexico has been struggling with drug production and drug transit through its territory from South America to the U.S. for many decades, given the fact that it is the most important transit country for drug production originating from South America. In recent years, the escalating violence in Mexico has led to dramatic deterioration of the security situation. Recent wave of drug-war violence is associated with the beginning of the term of President Felipe Calderón in December 2006. The immediate implications of his assumption of the presidency and his hard-line policy, which he has applied against drug cartels and organized criminal groups across the country, were the deployment of Mexican army to fight cartels and the gradual weakening of the influence of local and state police at the expense of federal troops. This was done in order to combat corruption and collaboration of local law-enforcement institutions with drug trafficking organizations (DTOs). The consequence of such a policy, however, has been increased violence among rival cartels and between them and the federal police and military, resulting in a dramatic increase of the number of victims. The future of US-Mexican counter drug cooperation, as well as of the whole bilateral relation in the area of security, depends on the outcome of US presidential elections. As for Mexico, Enrique Peña Nieto takes the office on December 1, 2012 that will mark a comeback of his party PRI after 12 years in opposition. As far as the security strategy of the future Mexican President is concerned, there are no significant changes to be expected. Peña Nieto seems to be aware of the current situation and its consequences as well as of the inevitability of an extremely close and dynamic mutual cooperation with the US.

Post-cold war concept of security is based on realistic postulates and emphasises a concept of state, forces,power and national interests. Military and political concept of security was dominant while the relations between the superpowers was based on the so called bipolar balance of power. Identity of states was realised by membership in military, political and economic organisations. The strategy of returning to the era of nuclear weapons reaches its full flowering. The crucial point of security after the end of Cold war consists of searching for giving answers to the threats coming from the outside and abilities of states to maintain their independent integrity against changed relations among the powers, which potentially may become enemies. Under such circumstances powers should not be ignored in any interpretation of any aspect of security, for realistic theories of international relations are still of great influence in the field of security. They will be modified in different conditions and will act in the sense of enlarged concept of security - instead of dominant concepts of political and military security typical for the Cold War era, economic, social and environmental factors will appear. Basic weakness of the realistic theories of security is in the lack of recognising the importance of cooperation between main factors in international community. This failure will be replaced neo realistic and liberal and institutional theories of security which emphasises the concept of cooperation in the first place. Concepts of power, forces and integral processes will be observed within the context of changes in the international relations.

This study deals with the phenomenon of paradiplomacy, or parallel diplomacy. Paradiplomacy refers to international activities of cities and regions and includes marketing and public diplomacy, cross-border cooperation, functional trans-border cooperation, cultural and educational cooperation, and other activities. Paradiplomacy developed in the last third of the 20th century as a result of economic globalization, state decentralization, nationalism and the strengthening of regional identity, European integration, and the internationalization of cultural, educational, environmental, transport and other topics labelled as "low politics". Thus, we can identify both economic and political foundations of paradiplomacy. The first part of the study presents a review of literature on paradiplomacy; the second part is a case study of foreign policy instituted by the City of Prague in the electoral term 2006-2010. This case study confirmed initial hypotheses: first, that paradiplomacy is influenced by three supra-national factors: economic globalization (a), regional and global political and economic regimes (b), and transnational networks, mainly based in the EU (c); second, that paradiplomacy is influenced by institutional and constitutional relations between the centre and regions; third, that paradiplomacy is influenced by the antagonistic nature of these relations. Adapted from the source document.

The fight against illegal migration has become one of the key issues in EU politics in recent years. The author of this publication deals profoundly with the way how EU protects its borders and with the role that the European Agency for the Management of Operational Cooperation at the External Borders, generally known as FRONTEX, plays in border protection. This young agency, which was established only in 2005, has gained a position in the area of border protection in the EU. The aim of this book is to analyse the space FRONTEX has for autonomous action vis-a-vis the positions of the member states which perceive border protection to be one of their important competences

Local self-government units are key cells of every country's development, pervading deeply needs and interests of local community members, the citizens of a state, who are considered to be the key factor in survival and development of a community. No successful democratic society can be achieved without a good and effi cient local self-government. For that reason, a special attention needs to be brought to the issue of local self-government units. In Bosnia and Herzegovina, there is a fragmented system of local self-governmentmunits at entity level, with a very low degree of mutual cooperation, which greatly complicates and hinders the functioning of local self-government units at the state level. There is no unity in regulation and compliance of local self-government units functioning, at the state level, with the European Charter of Local Self-Government, or the documents of the Council of Europe, which is at odds with the aspirations of our country in the process of Euro-Atlantic integration with the rest of Europe.

This book brings a new perspective of the United States, which arose from the necessity to overcome both uncritically admiring as well as uncritically condemning approaches. This new approach is based on a deeper understanding of the inner diversity, contradictions and quarrels within American politics and society. This offers unexpected possibilities of transatlantic cooperation in new areas and enriches the public debate about the course of the Czech Republic. It is necessary to awaken from the American dream to be able to clearly see the United States as important inspiration, whether positive or negative. In addition, the book aims to point out possibilities offered by the renaissance of territorial studies as an approach to examining the world around us, which is able to combine historical, political, economic, social and cultural approaches when answering serious and complex questions. This knowledge in different territorial contexts can significantly help us in making our own choices, both those made on a daily basis as well as the important and critical ones

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).