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1971. 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

1972. Access to Justice in the Time of Pandemic: Functioning of Legal Forms in North Macedonia

Author:
Ivona Shushak Lozanovska and Vesna Shapkoski
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The international community has significantly increased its focus on the improvement of justice systems around the world, in recent years. With the increase in effort and interventions in the sector, there has been a need to create tools to assess justice systems, to identify the main elements affecting the workings of the justice machinery. In a context of increasing interest and engagement in justice systems reform, the ability of citizens to access justice institutions to address their needs has come to be seen as an essential element of development, human rights, democracy, and the rule of law. The Republic of North Macedonia has been dedicated in a certain amount to improving the access to justice following these global trends. However, the pandemic has brought to the surface many obstacles in the realization of these efforts and imposed serious issues that need to be further solved. In this paper, we will elaborate on the present situation in North Macedonia from the personal experience of law clinics and civil society organizations that work and contribute closely on this issue. Furthermore, we will identify particular points that need to be advanced and relevant stakeholders to be engaged, to improve the situation, and bring justice closer to everyone.
Topic:
Civil Society, Justice, Pandemic, COVID-19, and Legal Aid
Political Geography:
Europe and North Macedonia

1973. Digital Services as a Tool for Creating Competitive Advantage in the Banking Sector in North Macedonia

Author:
Viktorija Stojkovski and Blagoj Nenovski
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
In the last few years participants of the banking sector in North Macedonia are facing big competition as a result of the increased innovations between these participants. The only way for banks to stay relevant with their operations is to create a sustainable competitive advantage. For an organization to hold out in a competitive environment, it needs to develop competitive strategies. One of the aspects of creating a competitive advantage in the banking sector is creating digital services. These services have a high impact on the banking sector and enable banks to have a competitive advantage in different manners. In addition to a theoretical approach to creating a competitive advantage in the banking sector, we conducted empirical research on how banks in North Macedonia create competitive advantage by offering digital services. This paper aims to describe the end-users attitude on digital banking services as well as the bank’s strategies on creating a competitive advantage by offering digital banking services.
Topic:
Digital Economy, Strategic Competition, Banking, and Digitalization
Political Geography:
Europe and North Macedonia

1974. 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

1975. The Impact of Globalization and the Interconnectedness with the Comprehensive Economic and Trade Agreement Between Canada and the European Union

Author:
Marija Fileva
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Elimination of the trade barriers and stimulation of business activity through trade liberalization led to the expansion in the field of the global economy. There are plentiful hesitations about who gains the highest benefit from free trade, especially when it comes to the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union. Analogously, the previous mention guides to the dilemma about the trade negotiations and their position in the same agreement in which are the labor standards. Additionally, trade liberalization has influenced the creation of a close link connection between trade, labor, and globalization. This paper focuses on the effects of globalization and trade liberalization with their connection apropos the provisions from CETA; especially with an emphasis on Chapter 23: 'Trade and Labour’.
Topic:
Globalization, International Trade and Finance, Regional Cooperation, European Union, and Economic Cooperation
Political Geography:
Europe, Canada, and North America

1976. Global Health Governance Post COVID-19: Time for a Hierarchical Order?

Author:
Jean Vilbert
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 COVID-19 has renovated the debate about global health governance. Many scholars have proposed that the World Health Organization (WHO) should assume the position of a central coordinator with hierarchical powers. This article presents four main objections to this project: the problems with ‘one-size-fits-all’ policies, the heterogeneous distribution of power within multilateral institutions, the risks of crowding out parallel initiatives, and the democratic principle. Testing the WHO’s ability as a provider of technical information, an OLS regression, analyzing the first year of the coronavirus health crisis, from January 2020 to January 2021, in 37 countries reported in the World Values Survey Wave 7, shows a negative relationship between the population trust in the WHO and the number of cases of COVID-19. This indicates that there is a valid case for countries to strengthen the WHO’s mandate, but not to create a hierarchical global health structure.
Topic:
International Cooperation, Public Health, Pandemic, COVID-19, and Social Order
Political Geography:
Global Focus

1977. The Security Challenges of European Demographics and Politics Caused by the Modern Migration Crisis

Author:
Emilia Alaverdov
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 paper aims to analyze the ongoing situation in the European Union member countries caused by modern migration flows. It shows the real impact of refugees and migrants on European demography. It describes the future scenarios of global demographic and social challenges, which lead to the socio-economic and political crisis, and the failure of European political elites. The study mainly is based on the following research methods: descriptive, statistical, and analysis. The basis of the source represents the books, scientific articles, empirical and press materials, documents published on official websites in the field of migration policy. The essence of the modern migration in Europe became very acute since the current migrants are mostly followers of Islam, which in all its aspects and completeness is currently one of the most urgent topics, and draws the special attention of political circles and international clubs. Muslims in Europe are, first, immigrants whose influx into the European continent has seriously changed its demographic picture and political situation. In this regard, it should be said that the growing number of Muslims in Europe is causing certain demographic challenges that significantly affect the European socio-cultural situation, and lead to the financial and political crisis.
Topic:
Security, Demographics, Migration, Borders, and Identity
Political Geography:
Europe

1978. Lgitimisation of Autocracy in Turkey and Russia through the Review of the Constitution

Author:
Etleva Paplekaj
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 review of the constitution emanates from the constitution, from the institute of constitutional review of which the latter is closely related to the dynamic processes in society as well as with the demand for sustainable stability, stability which very well it may be economic, political or social, national or international, the stability that affects even the constitutional order itself in a state. In this article, we will address the constitutional changes, the amendments over the years In Turkey and Russia which are 'proof' of the violation of the constitutional order, 'proof' of the impinging of democracy and stability in the country. Through this article, we will see that the constitutional system, rule of law, democracy or its consolidation, the stability in the country to a large extent are influenced by the way it is conducted the constitutional review process. The application or non-application of this instrument has multi-dimensional effects, negative, destabilizing ones.
Topic:
Reform, Democracy, Constitution, Political stability, Rule of Law, and Institutionalism
Political Geography:
Europe and Turkey

1979. South Africa's Migration Dynamics: From Segregation to Integration

Author:
Bianca-Anastasia Ionel and George Mihai Constantinescu
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Migration is an extremely complex and sensitive concept. The main research purpose is the migration phenomena from the perspective of integration policies adopted by the country of destination concerning the process of cross-border immigration. In this research, we used as a case study the events in South Africa from 2014 until 2019. We chose this country because of its economic development, relative prosperity being one of the main reasons why migrants chose this country. The government is obliged to rethink its policies regarding the status of migrants. Using a qualitative approach, we used four levels of analysis (access to education, labor market, healthcare, political participation) to conduct an exploratory study on how South Africa’s government manages the integration policies. Using official documents and media articles we tried to determine the main characteristics of public policies in regards to integration in terms of social, economics, and politics.
Topic:
Education, Immigration, Citizenship, Integration, Labor Market, and Segregation
Political Geography:
Africa and South Africa

1980. Genderizing of the Participation in the Decision-Making Process: The Electoral Quota and Female Leadership in Albania

Author:
Evis Garunja
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This paper is focused on the Albanian electoral system, its total inclusion approach, protection and promotion of gender characteristics, historical and legal developments on the gender quotas necessity, the comparison in time and space, the barriers and opportunities to promote gender politics in public and social area in Albania. The methodology will consist of a comparative analysis of legislation, the international legal framework, recommendations of international institutions, policy papers on identifying the causes why higher gender representation in politics produces estimated results in the public area, social and economic development. Analysis of the circumstances, historical periods, social and economic impact in legal amendments would be another methodology component. Gender quotas provide a critical minority of women, from 20% to a gender balance of 50%, either as an education of the community to face with real gender balance in common life.
Topic:
Gender Issues, Elections, Democracy, Voting, and Electoral Systems
Political Geography:
Europe and Albania