Search

You searched for: Publication Year within 3 Years Remove constraint Publication Year: within 3 Years Journal Journal of Liberty and International Affairs Remove constraint Journal: Journal of Liberty and International Affairs
Number of results to display per page

Search Results

  • Author: Malcolm Katrak, 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, Discrimination
  • Political Geography: India, Asia
  • Author: K.A.A.N. Thilakarathna
  • Publication Date: 06-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: International law had had a profound impact and influence on the domestic legal system in the contemporary world. However, the status of international law within the domestic legal system is not properly defined in many of the jurisdictions including Sri Lanka. In the absence of such a constitutional provision, the judiciary as the last bastion of hope has a responsibility of interpreting domestic law in light of the international standards that have been agreed upon by the country through ratification of international treaties and those principles of customary international law that has become binding on the country. However, too much judicial activism could jeopardize the constitutional fundamentals of separation of powers and the rule of law. Therefore, this study argues that the best way to resolve this issue is by providing a constitutional provision for the role of the judiciary in the recognition and implementation of international law in a domestic context. Using a qualitative methodology with a comparative analysis of the constitutional provisions of the selected jurisdictions of India and South Africa a proposal is made for a constitutional provision for the judicial role in the recognition and implementation of international law in Sri Lanka. The results have revealed that a constitutional provision would help to advance the separation of powers and the rule of law and to well define the role of the judiciary in absorbing international treaty law to the domestic sphere, making the law more certain and predictable and upholding the rights and duties of individuals in a domestic context while fulfilling international obligations of a country under the domestic legal system.
  • Topic: International Law, Rule of Law, Judiciary, Jurisdiction
  • Political Geography: Asia, Sri Lanka
  • Author: Adrian Chojan
  • 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 article aims to analyze Brexit from the perspective of the Visegrad Group countries in the context of the future of the European Union. Addressing this issue is important from the point of view of assessing the role of the EU for the Visegrad countries. The main thesis of the research is that Brexit will not lead to a reform of the EU in the coming years, which is what some of the Visegrad Group countries are trying to do. The article is provocative, because, during the migration crisis, the Visegrad Group was shown as a brake on the European integration process. After Brexit, it was considered that some of EU Member States could follow Great Britain and leave the EU. The article complements the scientific achievements in this field, as it presents the view from the country of Central and Eastern Europe.
  • Topic: Migration, Regional Cooperation, European Union, Brexit, Integration
  • Political Geography: United Kingdom, Europe
  • Author: Dragana Cvorovic, 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, International Criminal Court (ICC)
  • Political Geography: Global Focus
  • Author: Fitim Gashi, Bedri Peci
  • Publication Date: 06-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: Technological developments are not easily understood even by people who have advanced education and this leaves much to be expected for other groups. Financial services and banking products are also ‘complicated’ for professionals, not to mention the ordinary client. As a result of the features of financial products and services, especially banking, information is required as an initial form of knowledge of these services and products, and this information is intensified through a constant process such as education. Hence, this article argues how financial education is performed in Southeast Europe and even in the EU. This article also elaborates on the financial education in Kosovo concerning the protection of banking clients’ rights, taking into account the financial education practices from which the Kosovo system can benefit.
  • Topic: Economics, European Union, Finance, Banking
  • Political Geography: Europe, Kosovo
  • Author: Filloreta Kunoviku-Demiri, Qazim Tmava, Esat A. Durguti
  • Publication Date: 09-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: This study aims to analyze variables that influence access to bank loans by SMEs in Kosovo and North Macedonia. Research methodology is compound by primary and secondary data. We hypothesized that the age of the SMEs, business size, written business plan, collateral type, and business experience before starting as an owner, owner education, and owner gender influence access to bank loans for SMEs. Econometric model results revealed that age of the SMEs, business size, and written business plan has a significant influence on bank loans borrowed by SMEs, while, collateral type, business experience before starting as an owner, owner level of education, and owner gender have no significant influence on bank loans borrowed by SMEs in the Republic of Kosovo. Furthermore, from the results obtained we revealed that age of the SMEs, business size, written business plan, and owners’ level of education has a significant influence on bank loan borrowed by SMEs, whereas, collateral type, business experience before starting as owner and owners gender have no significant influence on bank loans borrowed by SMEs in the Republic of North Macedonia. The findings suggest some future lines of research at the end and provide recommendations for the main stakeholders of this field of study.
  • Topic: Finance, Economic Growth, Banking, Loans
  • Political Geography: Europe, Kosovo, North Macedonia
  • Author: Vittoria Bernardini
  • 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 #MeToo movement has had a profound cultural impact on US society, and notably on US party politics. While many studies have addressed the #MeToo-related controversy arising from the Brett Kavanaugh nomination to Supreme Court Justice in 2018, the relationship between #MeToo and US politics before this event has remained understudied. This article, therefore, addresses this gap by looking at the role of politics at the beginning of the #MeToo movement. Focusing on the first six months of online activity on Twitter (October 2017 – April 2018), over 2 million tweets with the #MeToo hashtag are analyzed to identify the main activity patterns across the dataset and to gain insight on user behavior and participation in the conversation. Results point to the weaponization of #MeToo in the political context from its inception. It is suggested that #MeToo reflects the polarized political climate in the US and that it can be conceptualized as part of the wider “culture wars” (Hunter 1991) that characterize the public debate.
  • Topic: Gender Issues, Mass Media, Social Movement, Social Media, Sexual Violence, Participation
  • Political Geography: North America, United States of America
  • Author: Rajesh Das, Ipsita Banerjee
  • 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 spread of the Covid-19 has presented an unparalleled challenge for media management as well as for the media content. The pattern of daily life changed due to the excessive use of media. India, as a nation has been in the third position worldwide, many deaths during a pandemic are concerned. Kolkata being one of the metro cities of the country has not been exempted. The regional media content perceived a knowledge gap with the highest circulated national daily of the country. The changed media content, and audience perception towards the change, and the need for media advocacy during any health crisis in general and Covid-19 in particular, is studied in this paper using a mixed approach of both quantitative and qualitative. The discourse analysis of the newspapers in a constructed week format, representing a six months study during the pandemic, and the primary data from the audience suggested the behavior change and attitude formation through media, in this unique study.
  • Topic: Media, Public Health, Pandemic, COVID-19
  • Political Geography: India, Asia
  • Author: Mirlinda Vejseli, Ferdi Kamberi
  • Publication Date: 09-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: Communication is a process and part of human identity without which man could not exist today. Intercultural communication is a form of global communication, which refers to intercultural interactions between different cultures that appear in a social group with different religious, social, ethnic, cultural, and social backgrounds. North Macedonia and Kosovo are considered multicultural states which have ethnic identities within them, which are part of the mosaic and the promotion of intercultural communication is a test of the democratic development of these states. Therefore, this study aims to research and analyze the role of intercultural communication between local communities in both countries, communication of local government with the community, and community participation in public meetings as part of local decision-making. The methodology applied in this paper is the study of literature and the development of quantitative research with local communities. The results show that even though the participation of local communities is low in both countries, due to various factors, intercultural communication has broken down barriers between communities and has influenced the initiatives for the organization and development of the community itself.
  • Topic: Communications, Multiculturalism, Minorities, Ethnicity, Local, Participation
  • Political Geography: Europe, Kosovo, North Macedonia
  • Author: Esat A. Durguti, Ereza A. Arifi
  • Publication Date: 09-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: Small and medium-sized enterprises (SMEs) have a vital position in the international economy. The study aims to examine the compulsory financial reporting requirements set by the Kosovo Council for Financial Reporting (KCFR) as well as SMEs requirements for reviewing the current classification in the Kosovo context. This study, like most relevant studies, employs ordinal probit regression to examine the relationships among the requirements defined as dependent variables and other control variables such as necessary reclassification review under KCFR, preferred reclassification review under KCFR, experience knowledge of accountants and auditors, continuously education concerning financial reporting, and assessments of business owners. According to the reported conclusions, the application of these requirements in the Kosovo context does not create any opportunities for SMEs. On the contrary, the findings point to a thorough review of the reporting requirements for micro-businesses, as the current classification appears to be a burden for these businesses.
  • Topic: Economics, Finance, Business , State-Owned Enterprises
  • Political Geography: Europe, Kosovo
  • Author: Faruk H. Avdic
  • 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 subject of this analysis was the provisions of the Rome Statute of the International Criminal Court devoted to the leadership requirement of the crime of aggression. The crime in question is the successor of crimes against peace. This paper employed normative and formal dogmatic legal methods in analyzing the particulars of the leadership clause. Besides, this analysis also took into consideration the case-law of certain judicial bodies. This paper aimed to examine whether the leadership requirement of the crime of aggression has been properly constructed for the Statute. The main focus was on the meaning of the conditions stemming from the leadership clause that each perpetrator ought to fulfill to incur criminal responsibility for the crime of aggression. Additionally, this research addressed the criminal responsibility of public and private actors and the modes of participation in the crime in question. The article established that the leadership requirement concerning the crime of aggression has been aptly incorporated in the Statute since this requirement, at the same time, embraces the post World War Two standards concerning crimes against peace and the contemporary notion of aggression as one of the core crimes under international law.
  • Topic: International Cooperation, International Law, Leadership, International Criminal Court (ICC)
  • Political Geography: Global Focus
  • Author: Theophilus Oyime Adejumo, Owa Egbara Owa, Ojie Abang Peter
  • Publication Date: 09-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: This study examines the effects of the proliferation of SALWs on the security of the Nigerian state. Although this issue has seldom been tackled in regular or academic literature, it reflects the author’s keen awareness that, in an era of globalization, migrants have been identified as important agents in the proliferation of SALWs into third-world countries. The paper seeks to provide an insight into the socio-economic and political variables operating in the source and destination of such movements, with particular emphasis on migrants and arms proliferation. The study uses the qualitative approach for data analysis, it relies on upon, data gathered through secondary sources, and is reinforced with the argument on the liberal theoretical framework of analysis. The paper concludes that, while weapons play a significant role in intensifying conflict that exerts enormous human and economic costs, the causes of such conflicts lie in political, economic, ethnic, and religious differences and disparities. Finally, the paper looks at the appropriateness of examining the full implications of SALWs as a border management theme and the role of complementary measures for facilitating border control.
  • Topic: Globalization, Migration, Minorities, Borders
  • Political Geography: Africa, Nigeria
  • Author: Araz Ramazan Ahmad
  • 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 victory over the territorial rule of the so-called Islamic State provides an opportunity for the government of Iraq to restore its state institutions and reassert its authority. Can the Iraqi leadership step beyond cycles of failure in this transition to tackle the systemic issues that sustain state weakness and promote the emergence of groups like ISIS? This paper aims to enlighten the challenges faced by Iraq after ISIS for the restoration of peace between minorities and religious groups, and coexistence after the myth, so that conflicts are going on between minorities and religious groups, particularly in Mosul and other cities under the control of ISIS, the state could not reconcile the displaced people. Correspondingly, this paper intends the focus and role of local, regional, and international media in the process of peacebuilding and coexistence in Iraq after ISIS.
  • Topic: Terrorism, Peacekeeping, Counter-terrorism, Media, ISIS, State Building
  • Political Geography: Iraq, Middle East
  • Author: Gentjan Skara, Bojana Hajdini
  • Publication Date: 09-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation and Association Agreement, which laid down the obligation of the Albanian government to approximate its existing and future legislation in line with EU acquis and ensure proper implementation. Consequently, as of 2009, Albanian courts had to apply the EU law. The application of the EU law by Albanian courts entails the duty of judges with a twofold task: firstly, to construe their arguments in line with EU law or as close as possible, and secondly, to set aside the domestic law which is found to be incompatible with the EU law. This paper outlines some Albanian courts' decisions concerning applying the EU Law before accession to the European Union. The paper argues that Albanian judges have adopted a ‘Euro-friendly’ approach by referring to the EU Law and SAA agreement even in the pre-accession period. Nevertheless, looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court’s decision and not to explain the importance of relying on EU law or CJEU case law.
  • Topic: International Cooperation, International Law, European Union, Constitution
  • Political Geography: Europe, Albania
  • 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, Justice
  • Political Geography: Global Focus
  • Author: Rafal Lukasiewicz, 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, Donors
  • Political Geography: Russia, Europe
  • Author: Buddhi Prasad Sharma
  • Publication Date: 09-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: At the changing geopolitical landscape with the Covid-19 pandemic scenario, the China-India tussle and scale of regional and global exposition has begun to display with certain consequences, which seems to shake the existing regional balance of power. A mounting political and military confrontation between these two powers as experts suggested could create a hurdle on regional-global stability and can strike on the path of globalization. With historical and existing context analysis, this paper explores that putting genuine differences aside, China and India being responsible stakeholders of the global community, can cooperate and contribute to regional and global peace and prosperity. This paper is based on qualitative research and explorative form in a pattern. This paper concludes that to reduce protracted political and border-related tensions, continuous institutional dialogue, regular communication, and formal-informal exchanges could be effective tools for a peaceful resolution. At this juncture, the competition and cooperation approach could be useful for fostering China-India bilateral relations, and this situation will help to address common challenges of the global community, restructure the global order, and re-adjust regional and global scenarios crippled by the Covid-19 pandemic.
  • Topic: Diplomacy, Bilateral Relations, Hegemony, Borders, Rivalry
  • Political Geography: China, India, Asia
  • Author: Senada Reci, Luljeta Zefi
  • 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 issue of the sea between Albania and Greece has been and continues to be an object of study for various authors. Research shows so far that many studies have tried to go slightly from the descriptive to the explanatory and analytical framework and have generally fallen into the ‘trap’ of subjective approaches creating the phenomenon of nationalism. That appears in different forms, damaging the spirit of friendship and cooperation between both countries. This paper analyzes relations between Albania and Greece and their evolution based on international acts until the decision of the Albanian Constitutional Court annulling the agreement between them on the issue of the sea as incompatible with the constitution in terms of absolute objectivity. The demands of the Greek state for extension with 12 miles under the magnifying glass of the interpretation of the norms of the international law of the sea, the principle of equality and equity are part of the insistence on gaining superiority in the sea area vis-à-vis Albania. All this leading to the dialogue for another treaty cooperation and friendship occupy a vital part of the facts, which constitute an ongoing open discussion about the future of the sea issue on the Hague International Court.
  • Topic: Diplomacy, Water, Conflict, Borders, Oceans and Seas
  • Political Geography: Europe, Greece, Albania
  • Author: Peter O.O. Ottuh
  • Publication Date: 09-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: Numerous uncertainties are hanging over the biotechnology of human cloning which has prompted medical ethicists and religious organizations to ask questions that bordered on its ethical and religious considerations. In cloning humans, ethical and religious issues arise both in its clinical and laboratory settings hence, the morality of manipulating human genes is the foremost ethical issue among scientists and religious scholars. Therefore, this paper evaluated the human cloning technology using the personalism and prudential personalism ethical-religious models to arrive at a workable moral paradigm. To achieve this objective, the paper employed the phenomenological and critical-literary literature review methods. The paper argued that previous ethical and religious researches have not adequately employed the ‘ideal’ ethical models to appraise the morality of human cloning hence; using the personalism and prudential personalism ethical-religious models were appropriate to reveal that every human life has worth and its commodification is an aberration. The paper concluded that based on the paradigm of prudential personalist ethics, cloning humans (especially, human reproductive cloning) negates respect for human life, human dignity, and communal goods hence it should not be practiced.
  • Topic: Religion, Science and Technology, Ethics, Emerging Technology, Cloning
  • Political Geography: Global Focus
  • Author: Zainaddin M. Khidhir
  • 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 complications of the Syrian crisis that has extended over six years are overseen on three distinct levels which are national, topographical, and global. A closer look at the situation in Syria in 2010/2011 will help explain why the regime has survived, the complexities of the situation in Syria, and what makes the search for a stable political settlement so difficult. The purpose of the present study is to highlight the nature of US engagement in the Syrian crisis which involves maintaining the US military presence for regional stability, ensuring the enduring defeat of ISIS, countering the future expansion of the Iranian influence and political settlement to the conflict, containing the Assad’s regime in the interim. By outlining various threats, issues, assessing the Syrian conflict and its key actors, this paper seeks to explain the US response to the Syrian crisis on basis of thematic analysis. In conclusion, the United States' foreign policy has continued in a region vital to its national security interests due to available oil, its impetus to protect Israel, to support security by retaining military bases, to preserve the position of the protectorate of client states, and friendly regimes, and to resist Islamic movements and terrorism.
  • Topic: Civil War, Military Strategy, Military Intervention, Conflict
  • Political Geography: Middle East, Syria, North America, United States of America