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

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

Author(s): Oleh Farion,Dmytro Kupriyenko,Yurii Demianiuk,Andrii Nikitiuk / Language(s): English Issue: 2/2023

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.

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

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

Author(s): Borna Zgurić,Lidija Kos-Stanišić,Đana Luša / Language(s): English Issue: 2/2023

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.

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UNDERSTANDING VOTER BEHAVIOR AND ELECTION DYNAMICS: A CASE STUDY OF THE 2021 LOCAL ELECTIONS IN KOSOVO

UNDERSTANDING VOTER BEHAVIOR AND ELECTION DYNAMICS: A CASE STUDY OF THE 2021 LOCAL ELECTIONS IN KOSOVO

Author(s): Lavdim Terziu,Besard Belegu / Language(s): English Issue: 2/2023

This study aims to analyze whether the 2021 local elections in Kosovo can be classified as first-order elections based on sufficient evidence. Employing a quantitative approach and utilizing surveys among eligible voters, the methodology allowed for observing indicators supporting the local elections’ classification as first-order. An empirical study was conducted using Google Forms, encompassing the entire region of Kosovo and involving a representative sample of respondents (n=596). The study also relies on data from the Central Electoral Commission (CEC). The research design employed a comparison approach and a deductive method. The study’s key findings reveal that despite the diverse practices and ideologies of developed countries, the most recent local elections in Kosovo should be recognized as first-order elections.

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LEGAL REGULATION OF INTERNAL PARTY DEMOCRACY IN NIGERIA

LEGAL REGULATION OF INTERNAL PARTY DEMOCRACY IN NIGERIA

Author(s): Ufuoma Veronica Awhefeada,Edward O. Okumagba,Patrick Chukwunonso Aloamaka / Language(s): English Issue: 2/2023

The lack of internal democracy in many political parties in Nigeria has created a general loss of confidence in voters toward the electoral process and democratic consolidation. This paper examines the extent to which political parties have adhered to or deviated from the relevant Constitutional and electoral law provisions in Nigeria toward achieving internal democracy and how this has affected voters’ attitudes and confidence in the electoral process and Nigerian democracy generally. To achieve this objective, the researchers utilize the doctrinal research method in examining the relevant provisions of the 1999 Constitution on internal party democracy, the relevant Electoral laws, and judicial decisions. During the work, it is observed that political party leadership in Nigeria rarely heed the relevant constitutional provisions and laws on internal party affairs. The paper finds that judicial decisions concerning this issue have not followed a similar pattern, which has greatly eroded voters’ confidence. It recommended a compelling need for the judiciary to follow legally valid precedents established in earlier judgments in deciding new cases arising from intra-party affairs, especially concerning the substitution of candidates.

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DEMOCRATIC BACKSLIDING IN GEORGIA AND THE ROLE OF THE RIVALRY BETWEEN THE GEORGIAN DREAM AND THE UNITED NATIONAL MOVEMENT

DEMOCRATIC BACKSLIDING IN GEORGIA AND THE ROLE OF THE RIVALRY BETWEEN THE GEORGIAN DREAM AND THE UNITED NATIONAL MOVEMENT

Author(s): Orcun Caliskan / Language(s): English Issue: 2/2023

Over the past decade, the political system in Georgia was marked by a two-party system which was mainly attributed to the flawed electoral system. This led to the prevalence of the political arena being dominated by the ongoing competition between the Georgian Dream and the United National Movement and affective polarization. However, in recent years under the leadership of Georgian Dream, the progress of democracy in Georgia slowed down and there was a rise in authoritarian tactics used by the government to suppress opposition. This study employed qualitative research techniques over a range of primary and secondary sources to explore the role of democratic backsliding, freedom of media, and the incarceration of prominent political figures in the political polarization of Georgia. The study contended that the "winner takes all" mindset of the competing parties began to undermine Georgian democracy and its global reputation as the rivalry threatened Georgia’s progress toward European integration. The study concluded that the rivalry and the polarization had significant implications for the future of politics in Georgia and its relationship with Europe.

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NATO’S ROLE IN THE POLICY OF NON-PROLIFERATION OF WEAPONS OF MASS DESTRUCTION AND GLOBAL SECURITY: A SHORT OVERVIEW

NATO’S ROLE IN THE POLICY OF NON-PROLIFERATION OF WEAPONS OF MASS DESTRUCTION AND GLOBAL SECURITY: A SHORT OVERVIEW

Author(s): Alika Guchua / Language(s): English Issue: 2/2023

The purpose of this work was to determine what role NATO plays in the policy of non-proliferation of weapons of mass destruction in the modern world. The research primarily examined the threats that come from weapons of mass destruction and how it affects global security. As for research methods, to get reliable information. The methods of policy analysis and document analysis were used to analyze and describe the challenges faced by NATO in the non-proliferation policy of weapons of mass destruction. In order to obtain reliable and objective information, a wide range of documents, strategies, and scientific papers were analyzed. The mentioned study showed us that NATO’s policy of non-proliferation of weapons of mass destruction faces many challenges and threats from aggressive states, terrorists, extremists, criminal groups, aggressive religious actors, and in the overall context, asymmetric and symmetric threats. The role of NATO is very important in the security policy of the alliance and the policy of non-proliferation of weapons of mass destruction in the world. NATO should be able to protect global security from weapons of mass destruction threats through pragmatic policy and dialogue.

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ENVIRONMENTAL ISSUES AND FINANCIAL CRISES DISMISS LAISSEZ-FAIRE CAPITALISM

ENVIRONMENTAL ISSUES AND FINANCIAL CRISES DISMISS LAISSEZ-FAIRE CAPITALISM

Author(s): Arton Hajdari,Shenaj Hadzimustafa / Language(s): English Issue: 2/2023

This paper addressed the globally spread challenges that countries face, such as environmental issues, which have been accumulated for years, and financial crises, which have been repeated many times in the world’s economy during capitalism. Indeed, through a qualitative scientific approach, the article argued that laissez-faire economics or laissez-faire capitalism (as an economic system or doctrine, i.e., a liberal and classical view of economics) is not the right way to overcome and deal with these problems. Instead, some interventions in the economy and cooperation between countries and the respective institutions are required so that these difficulties (environmental issues and financial crises), which do not recognize borders, are prevented and afforded properly. Thus, this publication presented how challenging environmental issues are, which are spread worldwide, and it also discussed financial crises, such as the 2008 Financial Crisis (also known as the Great Recession) and the Great Depression of the 1930s. Overall, this paper concluded that dual crises (environmental and financial crises) are the robust proofs that dismiss the extreme form of capitalism or economics, known as laissez-faire.

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POLITICAL PARTY PREFERENCES ON LOCAL ELECTION IN INDONESIA: HOW DOES RATIONAL CHOICE INSTITUTIONALISM WORK IN CANDIDATE SELECTION?

POLITICAL PARTY PREFERENCES ON LOCAL ELECTION IN INDONESIA: HOW DOES RATIONAL CHOICE INSTITUTIONALISM WORK IN CANDIDATE SELECTION?

Author(s): Syafhendry Syafhendry,Andi Luhur Prianto,Nina Yuslaini / Language(s): English Issue: 3/2023

The rational choice institutionalism approach provides insight into political parties’ personal and institutional preferences in determining their strategic and technical-operational decisions. Institutional and personal preferences in political parties have shaped rational choices in selecting regional head candidates. Political party preferences provide rational choices based on the values they believe have shaped political responses to individuals and institutions. This study will examine selecting mayor and deputy mayor candidates in regional head elections. This study maps the preferences of political parties in determining their rational choices. The qualitative research method involves field interviews, online media analysis, and the examination of social media data. The data processing includes content analysis conducted using NVivo 12 Plus software. The study results indicate that political parties as political institutions are very centralized and pragmatic in determining the results of selecting regional head candidates. There are variations in the types of preferences of political parties in the candidates, namely systemic, practical, and normative preferences. Internal regulations support systemic preferences, practical preferences are determined by party procedures, directors, and selection criteria, and normative preferences are based on political parties’ ideology, values, and goals. Normative preferences will only become mainstream in the candidacy of political parties if party ideology strengthens and the candidate selection mechanism is transformed into a democracy-based selection.

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CREATIVE FREEDOM AND CENSORSHIP: A COMPARATIVE ANALYSIS OF REGULATORY FRAMEWORK FOR OTT CONTENTS IN THE UK, INDIA, AND CHINA

CREATIVE FREEDOM AND CENSORSHIP: A COMPARATIVE ANALYSIS OF REGULATORY FRAMEWORK FOR OTT CONTENTS IN THE UK, INDIA, AND CHINA

Author(s): Siddharth Kanojia / Language(s): English Issue: 3/2023

The emergence of over-the-top (OTT) services has lately revolutionized the way people consume media content. These services have emerged as a significant disruptor in the media industry in recent years. With the advent of OTT platforms, various concerns have arisen over the censorship and regulation of content on these platforms. Accordingly, this paper has examined the current trends in censorship and regulation of OTT content through the perusal of various legal and regulatory frameworks in the United Kingdom, India, and China. It has probed into cases of censorship and examined various aspects of civil and political liberties. The analysis has revealed a persuasive connection between the degree of freedom of expression and creative freedom dispensed in each region. Lastly, the paper has provided recommendations for policymakers and other stakeholders on balancing the need for freedom of expression and access to information with responsible content management and regulation.

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GREECE AND TRIPARTITE PARTNERSHIPS IN THE EASTERN MEDITERRANEAN: A RECOMMENDED POLICY FOR GREEK STRATEGIC INTERESTS

GREECE AND TRIPARTITE PARTNERSHIPS IN THE EASTERN MEDITERRANEAN: A RECOMMENDED POLICY FOR GREEK STRATEGIC INTERESTS

Author(s): Dimitrios Grekos / Language(s): English Issue: 3/2023

The Eastern Mediterranean is an area of strategic importance not only in the peripheral but worldwide. In recent years, the field of the Eastern Mediterranean has entered a new dynamic since there are trends of Tripartite Partnerships between neighboring states. These partnerships are political, cultural, economic, energy (due to the hydrocarbon surveys), immigration, and especially at the level of dealing with common security threats. By conducting tripartite partnerships, Greece achieved balance while playing a major role in the region. The study examined this Greek initiative in the sectors above under the vacuum left by the great powers (Russia and the USA). Greek foreign policy, through Tripartite Partnerships, defended its strategic interests and shaped the region’s good relationships. The analysis of this policy employed the theory of neoclassical realism in order to present the international and internal (state) system and their impact on the Greek initiative of tripartite cooperation with the states of the Eastern Mediterranean. According to said method, a recommended policy for Greek strategic interests was designed, which may be utilized by other regional states.

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“NEIGHBOURHOOD FIRST POLICY” UNDER NARENDRA MODI: INDIA’S STRATEGIC CONCERNS IN SOUTH ASIA

“NEIGHBOURHOOD FIRST POLICY” UNDER NARENDRA MODI: INDIA’S STRATEGIC CONCERNS IN SOUTH ASIA

Author(s): Do Thanh Ha / Language(s): English Issue: 3/2023

After becoming the Prime Minister of India, Narendra Modi made many efforts to consolidate his dominance in South Asia and expand India’s influence in the Indian Ocean. The “neighborhood first policy” was highlighted in India’s foreign policy. Based on historical and logical research methods and studies in international relations, the paper aims to examine the implementation of “neighborhood first policy” through bilateral relations between India and its neighboring countries. These relationships have been facing challenges from the more profound influence and interference of China as well as frequent terrorist incidents due to border disputes, which threatened regional security. Although this policy connected India with its neighboring South Asian countries, there were still challenges. It can be seen that the “neighborhood first policy” was Prime Minister Modi’s effort to nurture bilateral relationships, enhance regional connectivity, and strengthen and elevate India’s position in the region. The progress of the “Neighborhood First” policy is expected to continue more successfully in the next phase.

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KOSOVO-SERBIA DIALOGUE: FROM BRUSSELS TO OHRID

KOSOVO-SERBIA DIALOGUE: FROM BRUSSELS TO OHRID

Author(s): Bashkim Rrahmani,Petrit Bushi,Flamur Gashi / Language(s): English Issue: 3/2023

The EU-facilitated dialogue between Kosovo and Serbia, from its inception until today, has not realized the anticipated expectations and specified goals. Despite more than a decade of diverse engagement approaches by the involved parties, the situation remained precarious. The disputing parties persisted in their respective demands. Conversely, the facilitator/mediator primarily adhered to abstractly proclaimed declarations concerning integration perspectives rather than formulating instruments, measures, and strategies that could be imperative for a final settlement. The Russian aggression in Ukraine further complicated the dialogue, elevating the significance of geopolitics in the process. This paper aims to offer insights into the Kosovo-Serbia dialogue, emphasizing key factors and circumstances crucial for stability and the EU integration of the Balkans. The Franco-German proposal, recognized as an official EU document, holds particular importance. To achieve the paper’s objectives, the authors employed the methods of legal analysis, teleological analysis, description analysis, logical analysis, and comparative analysis.

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FRANCE’S INDO-PACIFIC STRATEGY AND THE ROLE OF VIETNAM

FRANCE’S INDO-PACIFIC STRATEGY AND THE ROLE OF VIETNAM

Author(s): Hanh Thi Nguyen,Linh Vo Hoang / Language(s): English Issue: 3/2023

The Indo-Pacific has partially replaced the term Asia-Pacific and emerged as a geo-economic and geostrategic concept over the last decade, with Japan, Australia, the United States, and India launching their respective plans. As a resident power and a long-time partner, France seized the opportunity. In May 2018, the French Indo-Pacific strategy was initiated during President Macron’s state visit to Australia and released as an official document a year later, making France the first European power to adopt such a strategy. To unveil the driving forces behind French policies and the roles of France in the region, this article employs major theories in international relations (realism, liberalism, and constructivism). In particular, the authors analyze France’s tactical actions concerning like-minded partners and a rising China, addressing how France can protect its interests and amplify its leverage in the region amid Sino-American tensions. The paper specifies several differences between the French approach and other major countries. Last but not least, given the importance of the Franco-ASEAN links mentioned in Section Three of the official strategy, the article also clarifies recent developments in their relationship, focusing on the role of Vietnam in France’s overall scheme.

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RETHINKING EUROPEAN SECURITY: THE STRATEGIC NEXUS AFTER RUSSIAN-UKRAINE WAR

RETHINKING EUROPEAN SECURITY: THE STRATEGIC NEXUS AFTER RUSSIAN-UKRAINE WAR

Author(s): Tamta Tskhovrebadze,Kakha Putkaradze,Zurab Zerekidze / Language(s): English Issue: 3/2023

This research is focused on the ongoing Russian aggression towards Ukraine, which has already resulted in a changed security architecture of Europe and, hence, increased security concerns not only in the region but also facilitated geopolitical shifts globally. Through the prism of exploratory-descriptive qualitative methodology, research strived to analyze the increased geopolitical concerns and challenges for Europe that led to significant changes in the security paradigms of the countries within the EU and increased accountability, as well as reluctance in terms of current security arrangements. Volatile military and political security and economic, social, and transnational challenges emerged as vibrant signs that European and global security will not be the same in the upcoming years.

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EXAMINING THE GAP BETWEEN EU FUNDAMENTAL VALUES IN THEORY AND PRACTICE: A CASE STUDY OF MACEDONIA’S JOURNEY TOWARD EU ACCESSION

EXAMINING THE GAP BETWEEN EU FUNDAMENTAL VALUES IN THEORY AND PRACTICE: A CASE STUDY OF MACEDONIA’S JOURNEY TOWARD EU ACCESSION

Author(s): Larisa Vasilevska / Language(s): English Issue: 1/2024

The objective of this paper is to assess the gap between the EU’s commitment to its values and the fairness of its accession process, in particular the Macedonian journey to the EU, which is not only contradictory to the EU’s core values but also contradictory to the principle of equal rights and self-determination. For this purpose, the methodology consists of conducting qualitative analysis based on two bilateral agreements and analyzing the evolution of EU requirements and their implications. The paper argues that rather than enforcing the Copenhagen criteria and making the country’s pre-accession progress contingent on the strengthening of the rule of law, the EU has expended enormous effort in what was essentially a political bilateral dispute between states, with the resolution of the dispute to be replaced as a pre-accession criterion. The paper concludes that the EU should return to its fundamental values and prioritize merit-based criteria in the enlargement process, not a politically based decision.

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TAIWAN’S INTERNATIONAL LEGAL STANDING: NAVIGATING THE FRAGILE STATUS QUO

TAIWAN’S INTERNATIONAL LEGAL STANDING: NAVIGATING THE FRAGILE STATUS QUO

Author(s): Mahir Al Banna / Language(s): English Issue: 1/2024

This study aimed to discuss the legal limbo of Taiwan, whose political situation lies in a grey area of international law. Its legal status is ambiguous: while meeting the characteristics of a State, it is not recognized by other States so long as China claims it as a Chinese territory. The methodology developed in this study adopted the descriptive analytical approach to the different principles of international law, in addition to quantitative methods, which involved gathering data on cases, courts, and resolutions of international organizations, followed by thorough analysis. This research provided an in-depth investigation to critically assess Taiwan’s fragile status quo, threatened by a potential Chinese military intervention. The study found that the idea that Taiwan is deprived of legal status points out the shortcomings of international law. This study concluded that to overcome this tricky situation, Taiwan should take bold moves, such as making constitutional reforms to facilitate its independence.

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THE STRATEGIC ADJUSTMENTS OF CHINA, INDIA, AND THE US IN THE INDO-PACIFIC GEOPOLITICAL CONTEXT

THE STRATEGIC ADJUSTMENTS OF CHINA, INDIA, AND THE US IN THE INDO-PACIFIC GEOPOLITICAL CONTEXT

Author(s): Binh Nguyen,Hiep Tran,Co Nguyen,Vuong Nguyen / Language(s): English Issue: 1/2024

Since the beginning of the XXI century, the Indo-Pacific region has become the “focus” of strategic competition between the world’s great powers. This area included many “choke points” on sea routes that are strategically important for the development of international trade, playing an important role in transporting oil, gas, and goods around the world from the Middle East to Australia and East Asia. The article analyzed the geostrategic position of the Indo-Pacific region and the strategic adjustments in foreign affairs of some major powers in this region, specifically the US, China, and India. To achieve this goal, the authors used research methods in international relations to analyze the main issues of the study. In addition to reviewing previous scholarly research and reviews, the authors used a comparative approach to assess the interactions between theory and data. The authors believed that these data are important for accurately assessing the strategic importance of the Indo-Pacific region, and this area was an important trigger for the US, China, and India to make adjustments to its foreign policy. If the US proposed a strategy called “Free and Open Indo-Pacific” (FOIP), India’s strategy was called the Indo-Pacific Initiative. China’s Indo-Pacific strategy was clearly expressed through the “String of Pearls” strategy and the “Belt and Road Initiative” (BRI). As a result, in the geopolitical context of the Indo-Pacific region, the competition between major powers (the US, China, India...) is also becoming fiercer and more complex. It has a significant impact on other countries in the region.

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ASSESSING SUCCESS THROUGH PARTY LABEL DURABILITY: A COMPARATIVE STUDY OF THE DEMOCRATIC PARTY OF ALBANIA AND THE HOMELAND UNION OF LITHUANIA

ASSESSING SUCCESS THROUGH PARTY LABEL DURABILITY: A COMPARATIVE STUDY OF THE DEMOCRATIC PARTY OF ALBANIA AND THE HOMELAND UNION OF LITHUANIA

Author(s): Ilir Kalemaj,Sokol Lleshi / Language(s): English Issue: 1/2024

This study provided a theoretical framework explaining center-right opposition parties’ evolution in former Eastern Europe. It answered why post-communist center-right parties lacked consistent success and either became marginalized, altered their ideologies, or ceased to exist in the long run. By taking the Democratic Party of Albania as one of the exceptions to the rule and comparing it to the Homeland Union-Lithuanian Christian Democrats, we showed the discrepancy with much of the other center-right parties. We followed a most different systems design, where the dominant center-right party of Albania and the dominant one in Lithuania were compared. Although much different in history, political culture, and institutions, they had similar successful trajectories as dominant center-right parties. We argued that the success of these parties depends upon the durability of party labels as a critical determinant of a party’s success historically, which takes priority over party strategy, mobilization power, social base, and the behavior of the center-right party toward political institutions. Overall, we emphasized party labels as cues of party identification and success.

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RECONSIDERING THE RUSSIAN-UKRAINIAN CONFLICT AND SECURITY CONCERNS IN AFRICA

RECONSIDERING THE RUSSIAN-UKRAINIAN CONFLICT AND SECURITY CONCERNS IN AFRICA

Author(s): Ndifon Neji,Immaculata Obaji-Akpet,Michael Otu,Joseph Ebegbulem,Samuel Edet,Ayuk Awunghe,Nwosu Stanley / Language(s): English Issue: 1/2024

Russia’s invasion of Ukraine in 2022 triggered a conflict that has transformed international relations through drastic impacts on policymaking, energy politics, and alliances. Such impacts have produced severe multi-dimensional consequences for African countries that have yet to be sufficiently interrogated in the literature. In response to this gap, this paper examined the security implications of the conflict for African countries to offer a comprehensive analysis that considers the intersection of the conflict with contemporary economic, human, social, and political issues confronting Africa. In discourse using a qualitative approach and rooted in a theoretical perspective drawn from the Copenhagen School, the paper underlined the security implications as evident in the areas of food security and governance, buttressing that the proxy conflicts and power struggles associated with this war have exacerbated existing challenges related to food availability and interfered with the consolidation of democracy in Africa. The paper concluded that the war’s multi-dimensional impact potentially compounds political instability vectors. It generates dynamics capable of eroding social cohesion and fomenting social unrest in Africa, meriting its designation as an issue of great concern to African policymakers.

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LEGALITY OF THE USE OF CLUSTER BOMBS IN INTERNATIONAL LAW: A SHORT OVERVIEW

LEGALITY OF THE USE OF CLUSTER BOMBS IN INTERNATIONAL LAW: A SHORT OVERVIEW

Author(s): Vesna Poposka,Abdulmecit Nuredin / Language(s): English Issue: 1/2024

The war in Ukraine brought the collective security system towards a dead-end street. After raising the question of nuclear threat, another long-time forgotten question arises again, waking up the ghosThe war in Ukraine brought the collective security system towards a dead-end street. After raising the question of nuclear threat, another long-time forgotten question arises again, waking up the ghosts that slept for more than a half-century- the use of cluster bombs. Although an international convention prohibits this type of weapon, neither Ukraine, Russia, nor the United States are part of it, which leads back to the agony of fragmentation of international law versus the erga omnes concept of universally applicable norms and customary rules. Since the war is official and intensive, the law of armed conflict applies no matter which of the states involved denies it or names it differently. The use of cluster munitions from both sides is highly contested in international law—the paper aimed to provide an overview of the applicable legal framework through analytical and comparative methods. Although there is a general notion that cluster munition is banned under international law, the paper’s results show this is not the ultimate case. Contextualisation relies on the four basic principles of humanitarian law.

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