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Begin New Search Content Type Journal Article Publication Year within 3 Years

121. SOVEREIGNTY OVER THE PARACEL ISLANDS IN 1884-1945: AN APPROACH FROM THE RIVALRY BETWEEN FRANCE, CHINA, AND JAPAN

Author:
Quyet Luu and Nguyet Nguyen
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The Paracel Islands are situated in the South China Sea geographic center and have an important strategic location for the military and the economy. Since 1884, France has represented the Vietnamese state as a protectorate to manage the archipelago. In the context of France seeking to expand its influence into the Asia-Pacific region, disputes over sovereignty over the Paracel Islands occurred during the colonial period between France (representing Vietnam), China, and Japan. The article aims to analyze the importance of the Paracel Islands in the policies of France, China, and Japan in general. Moreover, the specific activities of France in the struggle with China and Japan to affirm and protect sovereignty over the Paracel Islands would also be analyzed. Based on primary and secondary data, along with historical research methods, research methods in international relations, and other interdisciplinary research strategies, the article concludes that the Paracel Islands play an important role in the strategies of France, China, and Japan. Hence, the Paracel issue in this period has gone beyond the framework of traditional territorial disputes, becoming "internationalization” with consequences that persist to the present day. France's policy to exploit and administer the Paracel Islands was persistent, thorough, and systematic in the military, economic, political, and diplomatic spheres.
Topic:
Diplomacy, Sovereignty, History, Territorial Disputes, and Internationalization
Political Geography:
Japan, China, France, Asia-Pacific, South China Sea, and Paracel Islands

122. EVALUATION OF THE PRINCIPLE OF TAX FAIRNESS IN THE TAX ON INCOME OF NATURAL PERSONS IN THE REPUBLIC OF NORTH MACEDONIA

Author:
Sejdefa Dzafche
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The paper analyzed the development stages in the taxation of the income of natural persons in the Republic of North Macedonia through the prism of their compliance with the theoretical approaches in regulating the matter of income taxation. For this purpose, the initial stage of this research was the review of the impact of frequent amendments to the regulatory framework (relevant legislation) on the realization of the principles of vertical and horizontal justice. In the analysis of the normative-legal framework, the primary focus was the regulation’s influence on the realization of the principle of justice in taxation in the legal system of the Republic of North Macedonia (RNM). Additionally, the teleological method was used to identify the level of realization of the goals and functions of the RNM tax system. In that context, the effects of income taxation on the redistributive function were analyzed. The basic hypothesis from which the paper starts is that the frequent changes and modifications in income taxation concepts resulted in violating social-political principles in taxation. The research results indicate an inconsistency in the development of the system of income taxation of natural persons in RNM, which leads to a violation of the vertical and horizontal justice and the redistributive function of the income tax.
Topic:
Reform, Tax Systems, and Redistributive Function
Political Geography:
Eastern Europe and North Macedonia

123. DIGITAL SOFT POWER DIPLOMACY: THE CASES OF GERMANY, ITALY, AND SPAIN IN THE COUNTRIES OF EASTERN PARTNERSHIP AND CENTRAL ASIA

Author:
Borna Zguric and Lidija Kos-Stanisic
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The main objective of this article was to examine how Germany, Italy and Spain practice digital public diplomacy in Eastern Partnership and Central Asia countries in 2022, i.e., how they promote their countries through their embassies’ Facebook profiles. Three research questions posed by the authors were: 1) Which social networks and applications have embassies of Germany, Italy, and Spain used in the countries of Eastern Partnership and Central Asia to inform and communicate with different audiences?; 2) Which soft power tools were dominantly communicated by the German, Italian, and Spanish embassies on Facebook profiles in countries of Eastern Partnership and Central Asia during 2022 to promote their own countries?; and 3) Are digital diplomacy tools of Germany, Italy, and Spain, that they utilize to promote their own countries and communicate with the public of Eastern Partnership and Central Asia, following their foreign policy focus? The authors have used quantitative content and thematic analysis to answer these questions. The results were presented with the use of descriptive statistics. The authors’ findings indicated that digital diplomacy 2.0 is standard practice for Germany and Italy in Eastern Partnership and Central Asia. Less information was available regarding Spain’s digital diplomacy efforts. The research’s findings further demonstrated that Germany and Italy exhibit greater interest in the Eastern Partnership and Central Asian countries compared to Spain, which was concordant with their foreign policy focuses.
Topic:
Soft Power, Public Diplomacy, Digital Diplomacy, and Eastern Partnership
Political Geography:
Central Asia, Germany, Spain, and Italy

124. THE REGIONAL DIMENSION OF CORRUPTION RISKS IN THE CZECH REPUBLIC IN THE LIGHT OF DECENTRALIZATION

Author:
Yevheniy Haydanka
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The article elucidates the relationship between decentralization and corruption risks in the Czech Republic. Economic inequality in the regions inevitably leads to corruption risks. The unemployment rate and the wage level determined the fragmentation of the Czech regions. Most Czech regions (8 out of 14) have an average unemployment rate (of 3-5%). The capital Prague (44 thousand korunas), as well as the Central Bohemian Region (35 thousand korunas), significantly differ from the rest of the Czech regions in wage level (within 31-32 thousand korunas). If the Czech regions are similar in the unemployment rate, there is a noticeable stratification between the capital and other regions. The findings of an expert survey among civil servants and deputies of regional Assemblies identified corruption and anti-corruption measures in the regions. The sphere of public administration is the most corrupt. Partially corrupt is the provision of administrative services. The greatest corruption risks result from the employees’ influence on funding sources (grants, subsidies and grants). On a 10-point scale, the average corruption in the regions is 5,8. More research prospects derive from studying corruption risks at the regional rather than national levels and expanding the geographical framework of the transition countries under research.
Topic:
Corruption, Risk, Unemployment, Decentralization, Wages, and Regionalization
Political Geography:
Europe and Czech Republic

125. COMBATING CROSS-BORDER ORGANIZED CRIME IN THE BORDER REGION OF THE STATE: STRATEGY DEVELOPMENT METHODOLOGY

Author:
Oleh Farion, Dmytro Kupriyenko, Yurii Demianiuk, and Andrii Nikitiuk
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The article describes the methodology for the following successive stages: data collection on cross-border organized crime; analysis of the impact of PEST factors of the border region on the number of cross-border crimes committed by organized criminal groups; generalization and analysis of parameters for assessing the capabilities of organized criminal groups; assessment of the level of capabilities of organized criminal groups to commit cross-border crimes; passporting of organized criminal groups specializing in cross-border crimes; modeling of scenarios of the development of organized criminal groups illegal activities by types of cross-border crimes; selection of options for fighting cross-border organized crime by the targeted impact on organized criminal groups. The strategy envisages a complex of the following measures: rapid (operational) interventions in critical situations; anti-crisis measures of the border guard operation to neutralize threats; other regime and control measures to strengthen the protection of the state border; standard planned and preventive measures; measures of sustainable development of the border security system. Implementing the methodology in practice enables the development of a strategic approach to effectively utilize the resources of state law enforcement agencies in combating cross-border crime.
Topic:
Crime, Development, Law Enforcement, Borders, and Organized Crime
Political Geography:
Ukraine and Global Focus

126. INFORMING GLOBAL HEALTH DIPLOMACY: EXAMINING HEALTH AND PEACE THROUGH THE LENS OF THE GLOBAL BURDEN OF DISEASE

Author:
Tomislav Mestrovic, Driton Kuqi, and Goran Bandov
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
In this study, we aimed to examine the interconnectedness of health and peace, recognizing its significance within global health diplomacy, international relations, and human rights. For that purpose, we used the results from previous and ongoing Global Burden of Disease studies, which represent a comprehensive systematic appraisal of health problems and risks affecting populations worldwide. This paper could use its methodological underpinnings to analyze the impact of war, conflict, and terrorism on mortality and overall human health. In 2000, war and conflict were responsible for an estimated 310,000 deaths globally, compared to 2019, when this number decreased to 69,000. Recent findings reinforced the association between war, conflict, and increased all-cause mortality. Interpersonal violence also significantly contributed to human health loss resulting from disrupted peace. In Europe, disability-adjusted life years due to injury – including those caused by conflict – declined between 2000 and 2019. As we prioritize global health, peace-building initiatives, and global health diplomacy, big data will increasingly play a substantial role in accurately predicting and describing the health effects related to conflicts.
Topic:
Diplomacy, Health, Terrorism, Conflict, Peace, and Disease
Political Geography:
Global Focus

127. LEVERAGING EMPLOYEE ENGAGEMENT FOR COMPETITIVE ADVANTAGE: SATISFACTION AND WORK MOTIVATION MANAGEMENT

Author:
Faruk Ahmeti
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Companies must continually adapt to technological advancements to gain a competitive edge and enhance performance. Active employee engagement plays a crucial role in achieving and improving performance, necessitating promoting motivation and job satisfaction. This study explores the relationship between motivation, job satisfaction, and employee performance, with employee engagement as a mediator. Specifically, the research focuses on Information Technology (IT) companies in Kosovo and various locations across the European Union involved in different projects. The sample for this study comprises 112 respondents selected through convenient sampling. The research model is analyzed using Partial Least Square (PLS) analysis with SmartPLS 3.0 software. The empirical findings indicate that motivation positively influences employees’ engagement and performance in various IT positions. However, job satisfaction has no direct impact or exerts a relatively low influence. Nonetheless, employee engagement significantly enhances employee performance by mediating the effects of motivation and job satisfaction. The research findings have significant managerial implications, emphasizing the importance of actively promoting motivation, innovation, and job satisfaction to increase employee involvement and achieve desired outcomes.
Topic:
Science and Technology, European Union, Employment, Business, and Performance Evaluation
Political Geography:
Eastern Europe and Kosovo

128. UKRAINIAN MIGRATION DURING THE FIRST YEAR AFTER THE BEGINNING OF THE RUSSIAN ARMED CONFLICT IN 2022

Author:
Rossen Kostadinov Koroutchev
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This study examines the evolution of Ukrainian refugees during the first year after the start of the full-scale armed conflict on 24 February 2022, which resulted in a severe humanitarian crisis and high levels of migration both within Ukraine and towards Europe. Using official statistics, the changes in border crossings from Ukraine to neighboring countries during the first year of the conflict are investigated. Additionally, surveys conducted with Ukrainian refugees in several European countries and author interviews conducted in Bulgaria, Spain, and Germany reveal the specific needs of refugees and the main challenges to successful integration into host labor markets and societies. The Temporary Protection Directives and other local protection programs are analyzed in this study, accompanied by a comprehensive discussion on similar initiatives. The primary conclusion drawn from this research affirms the presence of substantial challenges in the successful integration of Ukrainian refugees into host societies, despite the efforts made by the respective governments.
Topic:
Migration, Refugees, Borders, and Integration
Political Geography:
Ukraine and Eastern Europe

129. CHINA-INDIA COUNTERBALANCING MEASURES THROUGH INTERNATIONAL CORRIDORS AND PORTS: THE FOCUS ON CHABAHAR AND GWADAR PORTS

Author:
Kashif Hasan Khan and Ali Omidi
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Beijing and New Delhi, as new world emerging powers, despite border skirmishes, have not considered themselves arch-rivals. Still, the necessities of real politics have forced India to take counter-measures towards China’s grand connectivity strategy in the framework of BRI and the Maritime Silk Road. This article assumes that China’s grand connectivity strategy has not targeted India in particular, but unavoidably it has affected India’s strategic interests in the Indian Ocean and Eurasia. In a qualitative and case study methodology, this research explains China’s grand connectivity strategy and how it affects Indian strategic interests. It also elaborates on India’s counter-measures vis-à-vis China policy. It concluded that the Chinese connectivity strategy has affected Indian strategic interests in the Indian Ocean and Eurasia. Therefore, Chabahar, Gwadar ports, and Malacca Strait are centers of gravity in these great connectivity rivalries.
Topic:
Foreign Policy, Belt and Road Initiative (BRI), Silk Road, Port, and Strategic Interests
Political Geography:
China and India

130. OVERLAPPING COMMUNICATION LOGIC FOR GLOBALIZING PUBLIC DIPLOMACY: THE CASE OF JORDAN

Author:
Emad Ayasreh
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This paper explored how Jordan used overlapping communication logic to enhance its global public diplomacy. Few studies have examined Jordan’s public diplomacy, so this research presents vital information about Jordan’s diplomacy nationally, regionally, and internationally. Because of the dynamic cultures, values, and norms brought about by globalization, nations need to use effective communication strategies to promote public diplomacy. In this case, the public referred to both the domestic and foreign public. The three main communication logics explored were individual, relational, and holistic logic. The research adopted a qualitative systematic literature review, and a sample of ten articles was obtained from Google Scholar and Z-Library. The study found that Jordan has used overlapping communication logic to enhance its public diplomacy domestically, in the Middle East, and globally on different occasions. The limitation of this research was its small sample size. Comprehensive quantitative analysis research is recommended to learn how satisfied Jordanians are with their country’s public diplomacy.
Topic:
Foreign Policy, Diplomacy, Communications, and Public Diplomacy
Political Geography:
Middle East and Jordan

131. UNPACKING GENDER DYNAMICS IN ALBANIAN JOURNALISM: A POST-COMMUNIST PERSPECTIVE

Author:
Jonila Godole
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This study provides evidence of the challenges faced by women journalists in Albania after the fall of communism based on a nationwide survey of 295 journalists. Despite an increase in the number of women journalists, their emancipation in journalism is not necessarily implied. Women journalists tend to be confined to reporting on “soft news” sections or cultural and social topics, reinforcing traditional gender roles. Many women journalists conform to societal expectations and adopt gender stereotypes to exert influence while facing obstacles such as a male-dominated hierarchy, self-censorship, and pressures from family and editorial supervisors. Female journalists who make a name for themselves often cover male-dominated topics, following a masculine logic to gain respect and struggling to maintain their femininity. The study sheds light on the challenges and complexities women journalists face in Albania, providing insights into the gender dynamics within the media industry.
Topic:
Women, Journalism, Censorship, Gender, and Soft News
Political Geography:
Eastern Europe and Albania

132. THE ROLE OF SOCIAL MEDIA IN THE PROCESS OF INFORMING THE PUBLIC ABOUT DISASTER RISKS

Author:
Vladimir M. Cvetkovic, Aleksandra Nikolic, and Aleksandar Ivanov
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Social media informs the public about the most important events and conveys important information. Before, during, and after disasters, social media are used to disseminate information about disasters and collect data relevant to the implementation of preparedness, response, and recovery activities and measures. Social networks are effective in disseminating information and warnings, as well as in educating the public. The subject of the research is examining the influence of demographic factors on the effectiveness of social media in informing the public about the risks of disasters. Using an online survey questionnaire and according to the snowball principle, a survey of 247 respondents was conducted in 2022. The research results show no statistically significant relationship between the respondents’ education level and the assessment of the effectiveness of social media reporting on disasters. Using social media can improve communication between stakeholders in disaster management and facilitate coordination of efforts, fostering communication and allocation of resources. To effectively use social media in disaster management, decision-makers in the disaster management system must be aware of new technologies, their disadvantages and advantages, and ways to collect and analyze data from social networks.
Topic:
Social Media, Risk, Disaster Management, Public Service, and Information
Political Geography:
Eastern Europe and Serbia

133. THE IMPACT OF THE RUSSIAN-UKRAINIAN CONFLICT ON ARMENIA'S FOREIGN TRADE: A QUANTITATIVE ANALYSIS

Author:
Diana Galoyan and Diana Matevosyan
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This article aimed to provide a quantitative assessment of the impact of the Russian-Ukrainian conflict on Armenia’s foreign trade. The research problem was to analyze how the conflict influenced Armenia’s export and import patterns regarding geographical directions and product structure. The objectives were to examine the changes in trade turnover and identify shifts in geographical trade directions and trade structure. The study employed various statistical analysis tools, including dynamic series indicators, structural analysis, time series modeling, trend and moving average approximation, and extrapolation. Through these methods, the study evaluated the effects of the conflict on Armenia’s foreign trade. The key results indicated a positive impact of the conflict on trade turnover, with increased trade activity in various geographical directions. Export diversification was also observed as a result of the conflict. Notably, re-export played a significant role in the unprecedented growth of Armenia’s trade turnover during this period. In conclusion, the findings suggest that the Russian-Ukrainian conflict had a discernible influence on Armenia’s foreign trade, leading to changes in trade patterns and increased trade activity. The study highlights the importance of the re-exports role in analyzing trade dynamics.
Topic:
Economy, Exports, Trade, and Russia-Ukraine War
Political Geography:
Eastern Europe and Armenia

134. RELATIONSHIP BETWEEN INNOVATION AND FINANCIAL PERFORMANCE IN THE GLOBAL ENVIRONMENT OF EXPORTING COMPANIES

Author:
Arben Jusufi
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This research aimed to measure the impact of innovations (product innovation, technological innovation, marketing innovation, and process innovations) on the financial performance of exporting enterprises. It was based on return on assets (ROA), increase in return on sales, net profit, and increases in value per employee. The research was carried out based on primary data through the quantitative method. The study's participants were 150 Kosovo exporting companies selected randomly. Based on Pearson’s correlation analysis, it was found that there is a weak positive linear relationship between organizational innovations and product innovation, and financial performance. Additionally, a moderate positive linear relationship exists between marketing innovations, process innovations, and financial performance. Referring to the multiple linear regression, it was revealed that innovations explain 46.7% of financial performance. Process and marketing innovation had the greatest impact on financial performance, while organizational innovation had a lesser impact. The findings of this research contribute to improving the financial performance of exporting companies in Kosovo, focusing on the type of innovation that most influences performance.
Topic:
Finance, Business, Exports, Innovation, Production, and Marketing
Political Geography:
Global Focus

135. FACTORS AFFECTING CORRUPTION IN THE PUBLIC SECTOR: EVIDENCE FROM VIETNAM

Author:
Hoa Nguyen Thu
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This research utilizes a structural equation modeling (SEM) technique to comprehensively examine the intricate interactions among various factors influencing corruption in Vietnam’s public sector. The findings reveal that certain factors, including inadequate anti-corruption policies and enforcement, a lack of accountability and transparency in anti-corruption endeavors, and significant income disparities between public officials and anti-corruption measures, significantly and positively impact the cultural and social norms associated with anti-corruption. Additionally, insufficient cultural and social standards exert a notable and positive influence on the level of corruption in the public sector. The outcomes of this study provide valuable insights for developing effective policies and strategies that promote accountability, transparency, and good governance to combat corruption in Vietnam’s public sector.
Topic:
Corruption, Accountability, Public Sector, Transparency, and Institutionalization
Political Geography:
Vietnam and Southeast Asia

136. LOCAL SELF-GOVERNMENT, COMMUNITY, AND SOCIAL SERVICE DELIVERY IN KOSOVO

Author:
Ferdi Kamberi and Zeqir Hashani
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Community development is vital in networking and creating social capital. Local governments in Kosovo cooperate closely with their communities by offering public and social services, inclusivity, and social integration. This cooperation increases active citizenship, community development, social welfare, and local democracy. This paper aims to research and analyze the relationship between local governments and their communities, focusing on providing social services. The applied methodology included a quantitative survey of 300 respondents from three municipalities: Pristina, Fushe Kosove, and Obilic, targeting citizens aged 18 and above of both genders. The results show that local authorities in these municipalities offer community services and include their communities in policy-making and decision-making. While they also offer social services, community-based services should be restructured, and local authorities should pay more attention to empowering the community more comprehensively.
Topic:
Social Services, Community, Service Delivery, and Local Government
Political Geography:
Eastern Europe and Kosovo

137. THE IMPACT OF COLLECTIVE MEMORY ON THAILAND’S INVOLVEMENT IN THE BELT AND ROAD INITIATIVE

Author:
Sanyarat Meesuwan
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This study uses the theory of collective memory in international politics to examine the connection between collective memory and foreign policy to investigate why the Belt and Road Initiative has witnessed slow progress in Thailand. Qualitative data were gathered from various sources, including books, newspapers, journals, policy documents, and textbooks. The study concludes that cooperation between states is essential for achieving shared objectives but is contingent upon establishing mutual trust. Collective memories that one country maintains concerning another country can influence mutual understanding and trust, becoming ingrained even if the situation responsible for the memories changes or no longer exists. In the case of Thailand and China, the Thai government’s push for the high-speed rail project faced criticism and concerns due to the public’s deep-seated fears and distrust of China, the result of historical events and past experiences. This paper’s findings highlight the state’s role in creating collective memory and otherness, recognizing that external variables such as major power activities play a significant role.
Topic:
Foreign Policy, International Cooperation, Belt and Road Initiative (BRI), and Collective Memory
Political Geography:
China, Thailand, and Southeast Asia

138. Dogmatik and International Criminal Law: Approximations in the Realm of ‘Language’ and ‘Grammar’

Author:
Morten Boe
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Starting from the assertion of George Fletcher that there could never be an effective International Criminal Law (ICL) without a corresponding ICL Dogmatik – understood as a supporting culture of ideas and general principles – the article attempts to retrace and critically assess the connection made between the domestic concept and the international realm; to give a first approximation of what ‘ICL Dogmatik’ is supposed to mean. While not being definable in a conclusive way, Dogmatik – as understood in the German legal system – represents a specific habitus and mindset when approaching law, providing for an autonomous legal discourse fueled by the aspiration of a coherent normative system based on argumentative rationality and close cooperation of legal scholarship and legal practice. The article argues that, while the term Dogmatik is a specific cultural expression, the substance of the concept more generally refers to and echoes universal challenges of law and legal scholarship. The urge for an ICL Dogmatik should therefore not be (mis-)understood to argue for an authoritative rule of scholars or the adoption of German legal theories on the international level. Instead, the statement enunciates the necessity to establish ICL as an autonomous normative framework of concepts and terms. Dogmatik merely stands for an abstract vision, which may help to organize legal thinking in ICL, to structure and systemize the field, and most importantly to raise awareness for the necessity to develop a shared and coherent (legal) language, which enables productive discourse between all legal families.
Topic:
International Law and International Criminal Law (ICL)
Political Geography:
Global Focus

139. The Settlement of EEZ Fisheries Access Disputes under UNCLOS: Limitations to Jurisdiction and Compulsory Conciliation

Author:
Valentin J. Schatz
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article revisits the scope of the limitation to jurisdiction ratione materiae under Article 297(3) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in the context of Exclusive Economic Zone (EEZ) fisheries access disputes in the light of recent jurisprudence of UNCLOS tribunals. It first provides an overview over general aspects of Article 297(3) of UNCLOS in the compulsory dispute settlement mechanism of Section 2 of Part XV of UNCLOS. Next, it briefly considers the relationship between Article 297(3) and Article 297(1) of UNCLOS in order to clarify the former limitation’s role in the complex internal logic of Article 297 of UNCLOS. Thereafter, this article addresses the sometimes-overlooked function of Article 297(3) of UNCLOS as a confirmation of jurisdiction with respect to fisheries disputes that are not related to the EEZ. It then analyzes the scope of the limitation to jurisdiction ratione materiae of Article 297(3) of UNCLOS in the context of fisheries access disputes. Next, this article examines the potential and limits of the compulsory conciliation procedure under Article 297(3)(b) and Annex V of UNCLOS with a focus on the scope of the procedural mandate and subject-matter competence of such conciliation commissions.
Topic:
Economics, International Law, and Fishing
Political Geography:
Global Focus

140. Compulsory Settlement of EEZ Fisheries Enforcement Disputes under UNCLOS: “Swallowing the Rule” or “Balancing the Equation”?

Author:
Camille Goodman
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
While there is a widely held view that disputes concerning fisheries in the exclusive economic zone (EEZ) are largely exempt from the compulsory jurisdiction of courts and tribunals as a result of far-reaching exceptions in Part XV of the 1982 United Nations Convention on the Law of the Sea (LOSC), this is not the case for all EEZ fisheries disputes. This article examines the specific question of disputes concerning the enforcement of fisheries laws and regulations in the EEZ, and considers how the Part XV framework has been – or could be – used and interpreted for the compulsory settlement of EEZ fisheries enforcement disputes. It examines the obligation of prompt release established in Article 292, the option to exclude compulsory jurisdiction with respect to law enforcement activities concerning EEZ fisheries by written declaration under Article 298(1)(b), and the opportunity to bring disputes concerning EEZ fisheries enforcement within the scope of compulsory jurisdiction under Article 297(1) by characterising them as relating to the freedom of navigation or the protection and preservation of the marine environment. Framing its enquiry by reference to the question posed in this special issue, the article argues that, rather than “swallowing the rule” of compulsory jurisdiction, the jurisdictional scheme established for EEZ fisheries enforcement disputes helps to “balance the equation” and support the effectiveness of Part XV in protecting the compromises that are embodied in the LOSC.
Topic:
International Law, Territorial Disputes, Fishing, and Jurisdiction
Political Geography:
Global Focus