Showing papers in "Journal of Liberty and International Affairs in 2020"

Consumer protection and new contract law in the european union and in italy

Abstract: This paper deals with the recent normative modifications introduced in the European Union by the Directive 2011/83/EU (aimed to realize a full harmonization of member states’ rules in some aspects of consumer and contractual law), and consequently in Italy, through the Legislative Decree No. 21/2014 (which transposed the supranational source). As it is known, the principal legal instruments used in the last years by the EU to protect the weak parties are the ‘information duties’ and the ‘right of withdrawal’. The new rules try to strengthen them, but the implementation of the European Directive in Italy gives rise to many arguable points and perplexities.

US-China rivalry for global hegemony

Abstract: This article describes the competition between China and the USA for global hegemony. Both states have hegemonic ambitions and compete with each other over the domination of Asia. The rise of China has transformed global politics, as well as the balance of the global economy. As China’s economic and military power increases steadily, its geopolitical ambitions are also constantly growing. Some experts do not exclude the possibility of conflict between China and the USA in the future. There are many potential hot spots in East Asia where conflict could erupt at any time in the future between the USA and China. Many experts doubt whether the USA and China can escape Thucydides’ Trap in the future.

Freedom of expression in times of covid-19: chilling effect in hungary and serbia

Abstract: New technologies have opened several risks to safety of journalists. More importantly, in the state of emergency caused by the Covid-19 outbreak, journalists and media actors have shifted their activities online more than ever, which also made them more prone to digital threats and attacks. In some regimes there are even organized intimidation campaigns against political opponents causing chilling effect and self-censorship, and jeopardizing freedom of expression in general. Hungary as a member of the European Union since 2004 and Serbia as a leading candidate to join the EU are two countries where the problems and concerns about media freedom is growing every day. The fear from the unknown during the international pandemic gave opportunity to some governments to hide their real political agendas and cover their desire for the 'good-old-fashioned' censorship. The number of countries where some kind of censorship could be found is growing every day. The authors will show two country-case-studies from Hungary and Serbia, where the leaders and the political situations are very similar and could show a (good or bad) example to other countries that would like to follow the illiberal views on media issues.

Teaching tolerance at school: the experience of modern french education system

Abstract: The fostering tolerance problem in the modern world is becoming increasingly current in the context of globalization processes and the migration crisis. Following the need to cultivate tolerance in the younger generation, the French modern education system aims to install the ‘values of the Republic’ as an element of public school programs. At the same time, it turned out that most teachers are not sufficiently trained to carry out educational activities in the sphere of fostering tolerance. The education system reform carried out in 2013 made this training compulsory introducing the so-called ‘Common Core Program’ (Tronc Commun) to future teachers of all specialties. Within the program, teachers deepen their knowledge in history, philosophy, law, sociology, pedagogy.

Comprehensive analysis of south sudan conflict: determinants and repercussions

Abstract: South Sudan, which separated from Sudan in 2011 after nearly 40 years of civil war, was embroiled in a new devastating conflict at the end of 2013. This happened when political disputes coupled with preexisting ethnic and political fault lines became brutal. This conflict has mostly targeted civilians and most often, ethnic groups, and warring parties have been accused of war crimes and crimes against humanity. The conflict has resulted in a major humanitarian crisis, mass displacement, and mass atrocities against South Sudanese citizens. Notwithstanding, instability in South Sudan has made the country one of the most dangerous countries for humanitarian aid workers in the world, especially as the majority of them have lost their lives during their operation. In view of this, the article seeks to interrogate the main driving forces that triggered the deadly conflict and also the ramifications brought upon the population as well as the country.

The evaluation of russia's foreign policy towards georgia following the ‘rose revolution’

Abstract: For more than twenty-eight years, following the disintegration of the Soviet Union, Russian-Georgian relations have been a substantial ground for mutual confrontation, sharp dispute, and a lack of trust. Continuous tensions and disagreements have adversely affected efforts to achieve a proper balance in bilateral relations between the neighboring countries and resulted in a number of direct and indirect confrontations. Whilst the Russian president seeks to restore Russia’s great power status, regain its past glory and control strategically important regions of the former Soviet space, Georgia, from the very first day of independence, tries to maintain its sovereignty and territorial integrity, develop modern state institutions, strengthen democratic values and integrate into the Euro-Atlantic structures. The paper aims to study Moscow’s current foreign policy strategy towards Georgia following the ‘Rose revolution’ and argues that Russia’s military intervention in Georgia, in August 2008, was a clear illustration of classical realism used by a great power in the XXI century. Russia actively uses hybrid warfare and regularly employs economic leverage on Georgia to eventually achieve its political ends in the Caucasus region.

Women and gender equality: justice or civilization?

Abstract: The issue of gender justice has drawn the attention of gender scholars as does gender equality a justice or civilization. Because of this, the paper examined women and gender equality justice or civilization. In discussing these gender issues, several documents, reports, newspapers, magazines, archives, articles, journals, among others, were systematically reviewed to support the argument. Two theories were used in supporting the argument. These are Islamic Feminist and Liberal Feminist theories. The assumptions of these theories centered on gender equality and gender justice in society. The study found that gender equality is not civilization but justice. This is of the fact that both men and women are born equal and need equal justice for the development of the nation. The paper recommended that men and women should be given equal opportunity in all aspects of life in order to ensure gender justice. Parents and religious leaders should adhere to the principles of gender equality for the betterment of society.

The rule of law crisis and self-incurred immaturity

Abstract: The COVID-19 pandemic challenged countries around the world to preserve public health which entailed limitations of human rights. We have seen around the world that these limitations were adopted in way that was not in accordance with the proportionality principle, which led to misuse of the state of emergency in general and the interventionism of unseen proportions. The goal of this paper is to present how Bosnia and Herzegovina, as a country in transition, faced the COVID-19 pandemic and give an overview of the events that represent human rights and freedoms violations and abuses associated with the state of emergency.

Drug trafficking in West Africa borderlands: from Gold Coast to Coke Coast

Abstract: Drug trafficking has become a new threat to the economic and political stability of the West Africa sub-region; by virtue of its new toga as the new transit hub for drug trafficking. 80% and 13% of seizures in cocaine transshipment annually of 60 – 250 tons to Europe and globally respectively, passes the West African maritime borderlands/coast. The informal economy based on drugs has replaced over $400 million in contributions to the region’s GDP from fishing. The impacts of drug trafficking had had a long negative toll on the institutions of the states and state-building infrastructure in the region. Besides, intra-states conflicts, drug money, and activities had exacerbated state failure in the region; notably in Guinea-Bissau, Mali, Guinea, etc. The West African Coast Initiative is making crawling impacts. Although, still in its pilot phase, it had enhanced coordination of intelligence in the region on drug trafficking and organized crime. However, it is still short of fundamentally addressing obvious policy gap, due to its lack of clear focus; plus, being only operational in just five West African states. This paper identified the absence of comprehensive maritime coordination policy against drug trafficking in West Africa as the bane of the surge. Therefore, a tripartite approach, based on state, regional, and global levels policy restructuring in the region is required.

Turbulence on the Global Economy influenced by Artificial Intelligence and Foreign Policy Inefficiencies

Abstract: It is said that Data and Information are the new oil. One, who handles the data, handles the emerging future of the global economy. Complex algorithms and intelligence-based filter programs are utilized to manage, store, handle, and maneuver vast amounts of data for the fulfillment of specific purposes. This paper seeks to find the bridge between artificial intelligence and its impact on international policy implementation in the light of geopolitical influence, the global economy, and the future of labor markets. We hypothesize that the distortion in the labor markets caused by artificial intelligence can be mitigated by a collaborative international foreign policy on the deployment of AI in the industrial circles. We, in this paper, then proceed to propose a disposition forth essentials of AI-based foreign policy and implementation, while asking questions such as: could AI become the real ‘invisible hand’ discussed by economists?

The gender-based violence as an instrument of warfare in armed conflicts

Abstract: The gender-based violence in recent times has become an integral part of the on-going Boko Haram Insurgency in North-East Nigeria. Since the full-scale declaration of combat between the Nigerian state and the insurgent group, the asymmetrical tactics of the group have been evolving, based on its capabilities. The recent spike in the targeted raid and attack on female schools, markets, and female institutions purposely for abduction and kidnapping of women and girls indicated this assertion. Due to the depletion of its fighters and loss of territories, there is a surge in mass deployment of ‘women and young girls’ as material instruments of warfare: fighters, suicide bombers, human shields, bargaining tools, sex slaves, informants, and so on. This article appraises the gender push-pull factors responsible, motivation behind the current behavior, and proffers some policy guidance.

Refocusing the european union attention on the western balkans: the impact of the berlin process

Abstract: The expectations of the Western Balkans (WB) on the EU membership perspective could have been ‘undermined’ with the halt in the EU enlargement process as declared by the former European Commission President Jean-Claude Juncker in 2014. In the meantime, even though the WB countries were part of the EU’s regional approach through the mechanism of Stabilization and Association Process (SAP) working on the implementation of the Acquis Communautaire, the slowing down of the integration process could have economic and political consequences and threaten the regional stability. This paper shows how the Berlin Process (2014) was the proper intergovernmental initiative taken by some EU Member States to keep alive the EU integration perspective of the WB, thus refocusing the EU attention on the challenges the WB was facing on the way towards EU integration.

Protection from gender-based violence before the european court of human rights

Abstract: Despite the lack of specific provisions in the European Convention on Human Rights regarding gender-based violence, the European Court of Human Rights has developed a substantial body of case-law in this area. It has been done through the interpretation and application of a number of provisions in the European Convention on Human Rights that are relevant to gender-based violence. This paper provides a review of the approach of the European Court of Human Rights in cases concerning gender-based violence. Namely, it is evident that a remarkable spate of cases dealing with gender-based violence is considered by the European Court of Human Rights, which provides very solid protection in this field. However, it seems that certain aspects of the case-law on gender-based violence are somewhat inconsistent. In this sense, having in mind that the judgments of the European Court of Human Rights are the main guidelines for the States in fulfilling their obligations arising from the Convention, it is very important for the Court to fully clarify its approach in this regard.

Russia’s new soft power: the mir card system

Abstract: After the onset of Western sanctions in 2014, the Russian National Card Payment System (NSPK) and its corresponding Mir bank cards launched the following year. Five years later, estimates show that 56 million people are using Mir cards, more than 20 percent of Russia’s bank card market and will be operational in twelve foreign countries. Traditionally, scholars have examined Russian soft power as aiming to integrate post-Soviet countries with Russia and Central Asian countries through promoting beneficial economic and cultural relationships. With the Mir card system, Russia is seeking primarily to become less dependent on a dollar-dominated financial system, as well as to avoid potentially increasing US sanctions and to overarchingly seek to build a multipolar system. This research will investigate the Mir card system.

Soft power context of chinese investments to the european union: challenges vs. opportunities

Abstract: This paper presents a constructivist take on soft power, by analyzing the contextual factors which influence Chinese investments (COFDI) to the EU as a relevant soft power resource. The contextual analysis shows which constraining and stimulating (internal and external) factors condition COFDI in leveraging soft power for China. Additionally, the article provides solutions for soft power optimization, since soft power resources aim to entice and foster cooperative relations toward a ‘win-win’ behavior. The issues presented here have profound implications for future studies on soft power and the political economy of Chinese investments in the EU.

Sustaining power through external threats: the power of enemy images in russia and azerbaijan

Abstract: Despite the growing body of research on authoritarian regimes, few studies address the issues of their legitimization through exaggerating external threats and constructing enemy images. Targeting the gap in the literature, this article explores the discursive strategies of ‘evilization’ and demonization of the ‘other’, with a focus on their implications for legitimating and sustaining the authoritarian regimes in post-Soviet space. Examining the cases of Russia and Azerbaijan, the qualitative, comparative analysis presented in this article uncovers a series of essential similarities between the regimes’ legitimization strategies. Findings suggest that there has been a strong tendency in both Russian and Azerbaijani discourses to ‘externalize’ major problems facing the countries and scapegoat ‘evil forces’ as their main causes. Frequent appeals to the external threats have been accompanied by a heightened emphasis on the necessity of strong presidential power, with ‘strongmen’ that are capable of withstanding the enemies’ conspiracies. Remarkably, one of the core similarities between the two regimes is their unstoppable drive towards monarchical presidencies.

Questioning defendants via skype during the state of emergency in the republic of serbia

Abstract: The state of emergency was declared in the Republic of Serbia on 15 March 2020, due to the COVID-19 pandemic, which lasted until 6 May 2020. During the state of emergency, certain human rights were restricted and suspended, which are otherwise protected and guaranteed by the Constitution. One of the measures introduced by the state was the possibility for the defendant to attend the main hearing via Skype. The basic question arises whether the right to a fair trial is violated in this way, since it is one of the rights that cannot be limited or suspended even during a state of emergency. In this regard, this paper addresses the national legal framework under which trials are permitted and conducted via Skype during a state of emergency and relevant case law of the European Court of Human Rights.

Second instance administrative commissions and the administrative courts efficiency in the republic of north macedonia

Abstract: The paper aims to evaluate the direct and indirect determinants of the system for administrative legal protection efficiency in the Republic of North Macedonia. For this purpose, the paper analyzes the legal and institutional framework of administrative authorities i.e. the second instance administrative commissions that act on the appeal against the decisions of the first instance administrative bodies, as well as the legal and institutional framework of the Administrative and Higher Administrative Court that provide administrative-judicial protection against administrative acts. The paper assesses internal efficiency determinants for three second instance state commissions that provide legal protection in administrative procedure in the country, independently, as well as the two administrative courts: staff (administrative staff, number of elected members of second instance commissions, number of judges), number of newly formed cases, number of resolved cases and number of unresolved cases at the end of a year.

The sui generis nature of the comprehensive economic and trade agreement between canada and the european union

Abstract: The Comprehensive Economic and Trade Agreement between Canada and the European Union (CETA) due the contracting parties include a large number of involved countries, which fact creates an ambiguous possibility of various implications in the worldwide business practice considering the different national legal systems. In my paper I am using a deductive approach to the relationship between the theory and the research with an emphasis on the two research questions: Why the ISDS (Investor State Dispute Settlement) from CETA sparked the greatest attention?, and What is causing the legal discrepancy between the CETA’s provisions on hard copy and the possible implementation in business practice?. My paper is focused on the implications from the CETA’s concluding in the business practice, taking into consideration that CETA is a combination of strengths and weaknesses, opportunities and possible threats.

The problem of the ‘old’ working class depression especially through the prism of the usa presidential election in 2016 and 2020

Abstract: Digital economic and overall social transformation does not shape the future in an economicsociological/socio-economic direction and with content that contributes as an important factor for raising the level of social integration and cohesion that is social capital. In reality, the economic-sociological/socio-economic problem of the ‘old’ working class, a working class that is not optimally involved in the structures of digital technology, economy and society, is imposed as a key problem. The most provocative expression of the significance of this class, in particular the American white working class, that ‘old’ white working class, is its impact on the outcome of the presidential election in the US in November 2016. The decisive factor for Trump's victory was the acquisition of an economically-sociologically/socially-economically disadvantaged or even depressed American white working class concentrated in several major states in the US West and the Midwest, which carry a large number of electors in the electoral college. Therefore, the primary goal of potential democratic presidential candidates is to take, that is, to restore this American white working class as its electorate. То this end, ideological and political variants of the concepts of democratic socialism (exclusively Bernie Sanders) and democratic capitalism (practically all other Democratic presidential candidates) are being created.

Detecting the ideological position of political Islam towards liberal democracy in Muslim countries

Abstract: The question of the correlation between Islam, political Islam, and liberal democracy has so far been the most exposed topic in exploring the democratic capacity of political Islam and Islamic societies in general. What is particularly intriguing about the relationship between political Islam and liberal democracy is the fact of its westernized triviality that has received a pejorative tone in Islamic political circles. Simplified, the triviality of liberal democracy for the Islamic political campus implies imposing a model of democracy that cannot be fully compatible with the original Muslim notion of society and government. Hence, the following paper analyzes exactly the relations of political Islam to specific inherent categories of liberal democracy such as the rule of law, representative government, the separation of powers, and secularism as diferenta specifica of liberal western democratic discourse. Through the methods of induction and deduction, the author will illustrate how appropriate tangent or divergence is illustrated and how this is reflected in the general ideological positioning of political Islam towards liberal democracy in Muslim countries through an axiological and praxeological perspective.

The world health organization: the covid-19 pandemic and transnational law

Abstract: The reflections made in this writing, bring to discussion the importance of transnational law, in the face of the occurrence of the current pandemic. From this, considerations are made about the transnational law produced by the WHO against Covid-19. Also, an analysis is made of the central categories and their relationship with the prefix ‘trans-’ and transnational law. Subsequently, the WHO is discussed, its emergence and performance in the elaboration of a transnational legal framework to be considered when internalizing its guidelines by each Member State. In the context of final considerations, it is emphasized, in addition to the importance that should be attributed to transnational law that the work of the WHO, as a transnational actor, practices materialized acts such as transnational law, both in terms of guidance and in connection with public health matters. The methodology used was based on the inductive method, using the bibliographic research.

Penitentiary institutions and covid-19: how to stop the virus and guarantee human rights?

Abstract: Starting the COVID-19 pandemic, physical and social distancing, besides wearing masks and frequent use of disinfectant, was and still is the most important preventive measure in stopping the spreading of the new coronavirus. Penitentiary institutions, especially the crowded ones, became a hard place to manage in stopping the infections. Why? Because these institutions are the ones where there is even more need to balance health protection with human rights. Using medical isolation and quarantine in the process of prevention of infections with SARS-CoV-2 virus, is complicated as result of the use of punitive solitary confinement as disciplinary sanction. The paper analyses the possible methods of protection of prisoners’ health during COVID-19 pandemic with parallel protection and respect of their basic and guaranteed human rights.

The albanian question at the paris peace conference during 1919-1920

Abstract: This paper aims to bring to the public one of the most important moments in the history of modern times of Albania. After the Albanian independence on 28 November 1912 and international recognition of Albanian state July 1913, in 1919-1920, many national and international events unraveled which initially posed a real danger for Albania to become an independent state. The Paris Peace Conference, organized after the First World War by the Great Powers which win the war, and in which 27 winning states took part, became the real world center of that time. The Albanian point of view was headed directly at this Conference, with the hope to gain its independence and to win the right of self determination for its people. The main issues of the Conference were: border correction, especially in the southern part of Albania, relations between the Balkan states regarding Albania, the position of Italy, Kingdom of Serbs, Croats and Slovenes, and the position of Greece over Albania, and the real threat of secret pact during the First World War and the new role of American President, Woodrow Wilson. This paper also aims to bring the attitude of the Albanian delegation at the Paris Peace Conference and the position of Italy, France, Great Britain and Greece.

Factors that caused the Deterioration in American – Turkish Relations

Abstract: During the Cold War Turkey had excellent relations with the United States of America. Both countries needed each other and saw the Soviet Union as their main rival. Strategic Partnership was established between the two nations and USA provided military assistance to Turkey in order to contain the Soviet Union. With the assistance of the USA, Turkey managed to neutralize Soviet threat and integrate into NATO. Turkey became a close ally of the West. After the Cold War, American Turkish relations have gradually cooled and deteriorated significantly over the last years. The aim of this article is to analyze those factors that have caused the deterioration of American – Turkish relations.

Crime of aggression in international law and international relations

Abstract: The paper focuses on the analysis of the problem of defining the crime of aggression in international law and international relations, focusing primarily on the historical development of the term from its initial directed efforts, all the way to its modern outcomes. Observing in a historical manner, the establishment of the definition of the crime of aggression, as well as its aligning under criminal offenses has encountered several obstacles which resulted in a continuous delay of clearly defining what exactly would the crime of aggression encompass. In order to fully understand the matter, the importance of several international documents is undeniable, especially the Charter of the United Nations as well as the Rome Statute of the International Criminal Court.

The position of minorities in the new state of kosovo

Abstract: Although the Republic of Kosovo is a multi-ethnic society based on its 2008 Constitution, one particular minority is more protected and enjoys more rights compared to the others. It is the ethnic Serb community that appears to be the biggest obstacle for future developments in Kosovo. The attitude of this ethnic community towards the state of Kosovo determines the Kosovo inner developments; it determines the relationships between Kosovo and Serbia and it could have some impact in the entire region of the Balkans. Using the combined methodology with methods of historical analysis and a method of legal analysis the author will describe and explain the position of the national communities known as minorities, including the position of the Serbian minority in Kosovo according to the Kosovo legal system and the international law. Minorities enjoy constitutional protection of their rights, whereas the Serb community and its position are different compared to the other minorities. The different position of Serb minority derives in some way from the obligations Kosovo has taken from the international community, especially from the obligations that come from the Comprehensive Proposal for the Kosovo Status Settlement. This paper gives an analysis of the legal infrastructure in order to explore if the existing legal infrastructure substantially ensures minority rights and if it ensures their protection. The conclusions of the paper aim to contribute to the academic debate and the practical work in the field.