Search

Begin New Search Topic Law Content Type Journal Article Publishing Institution Institute for Research and European Studies (IRES) Publication Year within 3 Years

1. POLICY OF RAISING THE CAPACITY OF LOCAL SELF-GOVERNMENTS FOR MANAGEMENT OF EMERGENCIES

Author:
Samed Karovic, Jasmina Brankovic, Sinisa Domazet, and Jelena Jesic
Publication Date:
03-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Local self-governments (LSGs) cannot effectively manage emergencies. To overcome this problem, it is necessary to find action policies that would facilitate the increase of capacities of LSGs in such situations. The starting point for defining the policy was collecting data on the current abilities and capacities of LSGs in AP Vojvodina. The research covered 40% of the total number of LSGs and more than 64% of the population in the AP of Vojvodina. A combined open-ended survey questionnaire was constructed for data collection. The data was collected in field conditions through online procedures, direct sending of written surveys, and direct discussion of project implementation leaders. The statistical analysis of data identified that the legal aspect of LSGs and emergencies was not harmonized with other institutional documents at the level of LSGs. Most LSGs had serious difficulties in managing emergencies, especially civil protection. The platform is envisaged to facilitate raising the prevention capacity of LSGs by integrating all relevant information to provide early warnings and indications for implementing corresponding organizational, technical, and economic measures to deal with emergencies.
Topic:
Security, Law, Business, Knowledge Management, and Emergencies
Political Geography:
Eastern Europe and Serbia

2. The Importance of the English Language in Public Diplomacy and International Relations

Author:
Mirvan Xhemaili
Publication Date:
02-2022
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The primary language of international relations and diplomacy is English. The representatives of international bodies communicate in the English language. It is vital to establish English as the official language for international organizations in facilitating more efficient collaboration internationally. English dominance in international communication becomes increasingly apparent. This study aimed at gaining a more in-depth understanding of the significance of the English language. It also aimed at identifying, describing, and explaining the importance of the English language in public diplomacy and international relations. The researcher used the descriptive research method in the study, notably; secondary data were used for collecting reliable conclusions for the research. The findings suggested that the adoption of formulaic language, particularly, idioms and idiomatic expressions to further embellish the phrases used in the arena of international relations or policy is a peculiarity of the English language. The study concluded that formulaic language and the adoption and usage of idioms is a distinguishing feature that diplomats and those who have a career in international law and international relations should master.
Topic:
International Relations, Diplomacy, Law, Language, and Public Diplomacy
Political Geography:
Global Focus

3. On Just, Justice and Distributive Justice: A Critical and Comparative Discourse

Author:
Sooraj Kumar Maurya
Publication Date:
06-2022
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Despite being endlessly debated, a unanimous impetus on the nature of just, justice, and distributive justice appears entirely untouched to the desirable scientific certainty so far. Aristotle asserts treating’ equals equally and un-equals unequally’ but in proportion to their relevant differences. John Rawls says 'justice as fairness.' To both Aristotle and John Rawls, justice meant for the good and a willingness to act by the laws to ensure the highest good of society. Antecedently, both agree that justice is a master imperative for good human relationships and coexistence. However, despite the universal agreement, they differ in many fundamental respects. Aristotle denies the outbound distribution of an individual's rights as only the head of the family has the right to free speech in the family. But, Rawls distributes each right to the individual level. The paper attempts to discuss the similarities and dissimilarities in Aristotle's and John Rawls'ideas of just, justice and distributive justice. It has been argued that the aim of both philosophers was the same, i.e., to find out a theory of justice through which unity, harmony, virtue, and happiness can be attained to the fullest in a nation.
Topic:
Law, Inequality, Justice, and Legal Sector
Political Geography:
Global Focus

4. Public Policy: An Amorphous Concept in the Enforcement of Arbitral Awards

Author:
Akousa Serwaah Akoto
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Public policy permeates the legal principles of a state and its ruling government. The justification of public policy is topical to the ethics and canons acknowledged by that state. These values are determined by the applicable political, social, economic, religious, and legal systems, which differ among states. As public policy usually best illuminates the broad area of government laws, regulations, provincial ordinances, and court decisions, the standards creating public policy alter as states develop. The motif of public policy is critical when the question of enforcement of arbitral awards suffice. There is no definite meaning of the term in the famous Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention) to enforce foreign arbitral awards. Hence, this paper explores and traces some contemporary trends in defense of public policy as an exception to the enforcement of arbitral awards worldwide.
Topic:
Governance, Law, Regulation, and Public Policy
Political Geography:
Global Focus

5. Legal Positivism: AN Obstacle in the Process of Strengthening the Rule of Law in Bosnia and Herzegovina

Author:
Benjamin Nurkic
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.
Topic:
Law, Reform, Constitution, Rule of Law, and Legal Aid
Political Geography:
Europe and Bosnia and Herzegovina

6. Refouling Rohingyas: The Supreme Court of India's Uneasy Engagement with International Law

Author:
Malcolm Katrak and Shardool Kulkarni
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case of Mohammad Salimullah v. Union of India, which involves the issue of deportation of Rohingya refugees from India, represents a challenge in this regard owing to the lack of clarity as to India’s obligations under the principle of non-refoulement. The paper uses the Supreme Court’s recent interim order in the said case as a case study to examine India’s engagement with international law. It argues that the order inadequately examines the role of international law in constitutional interpretation and has the unfortunate effect of ‘refouling’ Rohingyas by sending them back to a state where they face imminent persecution.
Topic:
Human Rights, International Law, Law, Minorities, Constitution, and Discrimination
Political Geography:
India and Asia

7. Execution of Imprisonment Sentenced by Judgment of the International Criminal Court

Author:
Dragana Cvorovic and Hrvoje Filipovic
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
One of the current issues of criminal law, in general, is the issue of execution of a criminal judgment sentenced by the international criminal court (ad hoc or permanent international criminal court). The issue is ongoing because international criminal courts do not have their institutions for the enforcement of criminal sanctions they impose, but are, in that regard, instructed to cooperate with states that express readiness to execute criminal sanctions - imprisonment sentences imposed by an international criminal court in their prison facilities. Among the numerous issues related to this issue, the paper analyzes only those related to the legal basis for standardization, conditions, and manner of execution of a prison sentence imposed by an international criminal court.
Topic:
Crime, International Cooperation, Law, Prisons/Penal Systems, and International Criminal Court (ICC)
Political Geography:
Global Focus

8. The Concept of Justice in Reference with Philosophies of Plato and Aristotle: A Critical Study

Author:
Sooraj Kumar Maurya
Publication Date:
09-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The concept of justice has been a constant issue since its conception. The Greeks also attempted to define justice. They have observed justice as goodness in deeds and so a virtue. In the Greek mind, fairness was an attribute of the spirit or soul, while injustice was a sin. Both Plato and Aristotle defined justice as kindness as well as a desire to follow the law. It alluded to the connection between rights and duties. In human interactions, justice was the pinnacle of excellence and the attitude that animates folks in the right fulfillment of their responsibilities. The development of harmony and peace in thinking and conduct was pre-eminently social. In the same way, Aristotle's and Plato's fairness are complementary; both philosophers seek to discover a concept of ability by which unity, harmony, virtue, and pleasure may be produced in a community. Despite this shared agreement, they are fundamentally different in many ways. In this paper, an attempt has been made by the author to discuss the similarities and dissimilarities in theories of justice propounded by Plato and Aristotle.
Topic:
Law, International Relations Theory, Philosophy, and Justice
Political Geography:
Global Focus

9. Anonymity and Openness in Gamete Donation: The Russian Policy on the Third-Party Reproduction

Author:
Rafal Lukasiewicz and Angelo Viglianisi Ferraro
Publication Date:
09-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The Russian Federation is one of the few jurisdictions where recipients and gamete donors have a wide scope of choice between anonymous, identifiable, and known donations. This paper examines how the Russian law regulates this sphere and how it is applied in practice basing on data collected in the largest reproductive cells bank in Russia. It demonstrates that the Russian Federation should be regarded as a country in which there is no single dominant approach to the matter of donor anonymity. The assessment of this ‘freedom of choice’ is not unambiguous. It gives recipients and donors the right to decide which option is the most suitable for their needs and motivations, simultaneously not resolving which values take precedence over others. The donor-conceived persons’ right to disclose donor’s identifying data sometimes may conflict with the donor’s right to protect their privacy and usually, jurisdictions decide which one has the priority.
Topic:
Law, Transparency, Reproductive Rights, and Donors
Political Geography:
Russia and Europe