International Law & Regional Integration
Some Thoughts on the Postmodern Virtuality of Law
Postmodern law; legal virtuality; globalization; cultural relativism; legal pluralism; sovereignty
Die Studie untersucht die historische Entwicklung des Nationalstaates sowie das Verhältnis zwischen nationaler Homogenisierung, ethnischer Vielfalt und Multikulturalismus. Sie vertritt die These, dass ein multiethnischer Staat mit multikultureller Politik die traditionellen Integrations- und Legitimationsgrundlagen des Nationalstaates grundlegend verändert.
VDOVYCHENKO, MYKOLA
The Legality of the Pristina - Belgrade Political Dialogue...
Dialogue; state-building; Europeanization; Kosovo; Serbia; EU; constitution
In order to fulfil the preconditions set by the European Union vis-à-vis Western Balkans, countries of the latter must meet numerous criteria to show that they are ready to adhere in the EU. One of those conditions as stipulated in the Stabilization and Association Agreement is the regional cooperation, which entails the good neighbouring relations between candidate and/or potential candidate countries. In order to help both Kosovo and Serbia fulfil partially these criterions, EU has decided to step in and facilitate a high level political dialogue between the two countries. However this is being done by the EU in ambiguous terms, and uncovering a risk of constitutional crisis in Kosovo. The dialogue is meant to provide a fast track mechanism for reconciliation and good neighbouring relations, however this needs to be done at the cost on finding a creative approach and often violating provisions of the Constitution of one side, Kosovo, since it doesn’t recognize it as a state but rather as a territorial entity still in line with the Resolution 1244 of the UNSC (1999). The paper provides an analytical approach of the agreements signed and binding legal documents, such as the Constitution of the Republic of Kosovo (2008), in order to point out key elements of constitutional infringement. Further, the paper argues briefly the imposing provisions of the agreement by the EU in the Europeanization context, concluding that the Europeanization process cannot be fitted universally without carefully analysing the legal as well as the cultural and historical context.
PUSTINA, LORIK
A Brief Critical Analysis of the Application of the Doctrine of Self-Determination...
Self-determination; Iraqi Kurds; secession; territorial integrity; federalism; statehood
The article examines whether Iraqi Kurds possess a legal right to self-determination or unilateral independence under international and Iraqi constitutional law. It concludes that the Kurdish Region already enjoys extensive internal self-determination, although a unilateral declaration of independence would not necessarily violate international law.
ZEBARI, DILDAR FRZENDA ZUBER
The Legal Status of Personnel in Multinational Peace Operations with Special Regard to Sexual...
Peacekeeping personnel; sexual exploitation and abuse; jurisdictional immunity; international responsibility; United Nations; criminal accountability
The article examines the differing legal status, jurisdictional immunities, and accountability regimes applicable to military and civilian personnel in United Nations peace operations. It identifies obstacles to prosecuting sexual exploitation and abuse and recommends stronger investigation, reporting, cooperation, and enforcement mechanisms.
HÁRS, ANDRÁS
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