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LEGITIMISATION OF AUTOCRACY IN TURKEY AND RUSSIA THROUGH THE REVIEW OF THE CONSTITUTION

Author(s): Etleva Paplekaj / Language(s): English Issue: 2/2021

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

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SOUTH AFRICA’S MIGRATION DYNAMICS: FROM SEGREGATION TO INTEGRATION

Author(s): Bianca-Anastasia Ionel,George Mihai Constantinescu / Language(s): English Issue: 2/2021

Migration is an extremely complex and sensitive concept. The main research purpose is the migration phenomena from the perspective of integration policies adopted by the country of destination concerning the process of cross-border immigration. In this research, we used as a case study the events in South Africa from 2014 until 2019. We chose this country because of its economic development, relative prosperity being one of the main reasons why migrants chose this country. The government is obliged to rethink its policies regarding the status of migrants. Using a qualitative approach, we used four levels of analysis (access to education, labor market, healthcare, political participation) to conduct an exploratory study on how South Africa’s government manages the integration policies. Using official documents and media articles we tried to determine the main characteristics of public policies in regards to integration in terms of social, economics, and politics.

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SMALL STATE DILEMMA: CAMBODIA BETWEEN THE ASEAN AND CHINA IN THE INDO-PACIFIC CONTEXT

Author(s): Khath Bunthorn / Language(s): English Issue: 1/2022

As a small state, Cambodia viewed the ASEAN and China as almost equally important pillars of its foreign policy. Amid the intense strategic competition in the Indo-Pacific, Cambodia faced the dilemma of how to maintain the ASEAN centrality without diplomatic cost to its key ally China, and how to balance its national interest with regional interest. In this context, the article aimed to explain the importance of the ASEAN as a cornerstone of Cambodia’s foreign policy, examine the motivations of Cambodia’s deep political embrace of the Asian giant, and underline its implications for the Indo-Pacific from the lens of small state foreign policy. The article was based on qualitative, empirical analysis that comprises primary and secondary data pertinent to the current topic. The article concluded that Cambodia leaned more towards China than it did towards the ASEAN, thus weakening its centrality in driving the broader regional architecture and that domestic politics was the primary driving force of Cambodia’s foreign policy towards that direction. At this juncture, Cambodia should step back from the present degree of its strategic engagement with China and look for ways to diversify its relations with other major powers while getting back on the democratic path and upholding human rights.

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AFGHANISTAN UNDER TALIBAN: A NEW REGIME POSES A THREAT TO INTERNATIONAL STABILITY

Author(s): Valeri Modebadze / Language(s): English Issue: 1/2022

The purpose of this study was to see whether the Taliban regime poses a threat to the international community. The research primarily examined the threats that the formation of a theocratic regime in Afghanistan poses to neighboring countries and the international community. With regards to research methods, a document analysis method was used to obtain valid information and to analyze and describe the complex situation in Afghanistan. A wide array of documents and scholarly articles were analyzed to obtain reliable and objective information. This research revealed that the Taliban has not changed at all and still rules Afghanistan with medieval methods and strategies. Since the Taliban takeover of Afghanistan, the economic situation has deteriorated considerably and people face severe hardship. Therefore, hundreds of thousands of Afghans want to leave their homeland and migrate to the West. The Taliban violates constantly human rights and discriminates against women, ethnic and religious minorities. The Taliban has transformed Afghanistan into a narco-state. Neighboring countries fear that Afghanistan might become a hotbed of terrorism and extremism again.

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THE CHALLENGES OF PUBLIC ADMINISTRATION REFORMS IN KOSOVO IN THE CONTEXT OF EUROINTEGRATION PROCESS

Author(s): Artan Fejzullahu,Besard Belegu / Language(s): English Issue: 1/2022

The phase of transition and the ambition for EU membership has caused the administration and the Government of Kosovo to act differently, allowing it to address a variety of issues that have brought Kosovo's state administration closer to the European family. Kosovo has not remained indifferent to its claim to join the EU, therefore it has undertaken the public administration reform. The results of the reform are being felt slowly. Problems in administration reform over the past few years have been; political influence on public administration recruitment and independent decision-making, size of administration, lack of professionalism, etc. The objectives of this paper consist of a) reflecting the real situation of the public administration reform process, b) analyzing the results of the administration reform over the years, c) analyzing the harmonization of legal acts and the transformation of the public administration of Kosovo with acts legal and EU policies. The research methods used in this study were normative, analytical, and statistical methods. Reforming and modernizing the public sector remains one of Kosovo's most pressing challenges on the road to EU membership.

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TURKISH AND LIBYAN REFUGEE DEALS: A CRITICAL ANALYSIS OF THE EUROPEAN UNION’S SECURITARIAN IRREGULAR MIGRATION POLICY

Author(s): Hikmet Mengüaslan,Murat Necip Arman / Language(s): English Issue: 1/2022

This article critically analyzed the Turkish and Libyan refugee deals. We argued that these deals proved to be unsustainable policy frameworks by focusing on their practical outcomes regarding humanitarian objectives. We utilized the “Fortress Europe” concept to demonstrate how the European Union’s security concerns shaped the framework of these deals. Our study elaborated on two main arguments: First, these deals have undermined both Turkey and Libya’s migration management capacities. Second, these deals failed to provide adequate mechanisms supervising the enforcement of humanitarian objectives. We focus on two dynamics leading to the failure of these deals. First, the EU’s prioritization of security concerns has resulted in overlooking the irregular migration’s humanitarian and societal costs to the third countries. Second, the EU’s securitarian strategy contributed to further politicization and securitization of cooperation on migration. In conclusion, we argue that the EU should revise its securitarian strategy on irregular migration to include a more effective multi-lateral and multi-dimensional framework that focuses more on humanitarian issues while ensuring that the responsibilities will be fairly shared between the EU and third countries based on their capacities.

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THE LAW OF ROMAN EGYPT

Author(s): Sanja M. Gligić / Language(s): English Issue: 2/2022

Unlike Roman Law, Egyptian Law can be learned from individual legal documents. Since no written Egyptian Law and fact that a little has been preserved from a collection of laws (i.e., „Hermopolis Legal Code“), scholars traditionally get knowledge about Egyptian Law from contracts, deeds, family archives, judgments, wills and accounts of criminal trials. The special problem is the fact that the study of Egyptian Law is further complicated by pre-created dogmatic ideas about the superiority of Roman Law and jurisprudence. However, at the moment when Egypt became a Roman province, the Egyptian Law was applied in practice (which already took a lot from Greek Law at that moment) and at the same time the influence of Roman law began to be noticed.

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LE DROIT FÉTIAL ET BELLUM IUSTUM DANS LE CONTEXTE DES GUERRES DACO-ROMAINES ET DE LA POLITIQUE IMPÉRIALE ROMAINE D’ANNEXION DES PROVINCES

Author(s): Teodor Sambrian / Language(s): French Issue: 2/2022

The existence of the Roman State, from its foundation to its disappearance, was disrupted by short interruptions, under the sign of the god Mars, war being an essential element of Roman society. Under these conditions, among the multitude of priestly colleges that operated in Rome since the most ancient times, the College of Fetiales had a particular importance from a political and institutional point of view. Its attributions were mainly related to the declaration of war and the monitoring of treaties concluded by Rome with other nations. The subject covered in this article is structured in the following sections: the supposedly controversial origin of the College of Fetiales; the content and nature of fetial law; the legal-religious rituals of the declaration of war; the adaptation of fetial law to the imperial status of the Roman State; the concept of „bellum iustum“ in the wars waged for the conquest of Dacia and its transformation into a Roman province; some thoughts on the Roman concept of bellum iustum piumque in the contemporary world.

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THE DACIAN WAX TABLETS (TABULAE CERATAE) FROM ALBURNUS MAIOR: A PROVINCIAL TESTIMONY OF THE RELIABILITY OF METROPOLITAN LAW

Author(s): Valerius M. Ciucă,Bob Mircea Dan / Language(s): English Issue: 2/2022

Dacia was, between 106 and 275 AD a Roman province , known under the surname of Dacia Felix. Our contribution takes advantage on a circumstance, at least as happy as the province was considered to be: the existence of the wax tablets of Alburnus Maior (nowadays Roșia Montană, in Alba County, Romania . Also known as Triptychs, some are valuable sources of historical and legal informations, while others simply record scenes of social life. Uncovered between 1786 and 1855 out of the former provincial golden mines, they are a priceless account of the way locals transplanted the Roman Classical Law. In fact, this very direct application of Roman Law in the Dacia province was, among other Transylvanian epigraphic testimonies , also demonstrated by these waxed tablets (tabulae ceratae Alburnense ). Those juridically relevant were studied by Romanian legal historians such as Ion Peretz, Ion Baltariu , Vladimir Hanga . Our purpose here is to give a brief account on how the vulgarisation of Roman Classical Law took place in this part of the Empire.

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FACTORS AFFECTING CORRUPTION IN THE PUBLIC SECTOR: EVIDENCE FROM VIETNAM

Author(s): Hoa Nguyen Thi Thu,Thuy Nguyen Thi,Thanh Nguyen Nghi / Language(s): English Issue: 2/2023

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.

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

Author(s): Arben Jusufi / Language(s): English Issue: 2/2023

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.

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

Author(s): Vladimir M. Cvetković,Aleksandra Nikolić,Aleksandar Ivanov / Language(s): English Issue: 2/2023

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.

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

Author(s): Yevheniy Haydanka / Language(s): English Issue: 2/2023

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.

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

Author(s): Sejdefa Dzafche / Language(s): English Issue: 2/2023

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.

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DATA PROTECTION AND PRIVACY AS A FUNDAMENTAL RIGHT: A COMPARATIVE STUDY OF BRAZIL AND INDIA

Author(s): Paulo Campanha Santana,Faiz Ayat Ansari / Language(s): English Issue: 3/2023

This paper aimed to analyze how Brazil and India faced the challenge of a large amount of personal information being exchanged, stored, and analyzed. The relevance lies in the fact that data protection and privacy were concepts discussed almost everywhere in the world since the era of Big Data highlighted the challenge of protecting these fundamental rights. Therefore, the research problem was to analyze to what extent these countries effectively faced the challenge presented. The methodology used was exploratory and hypothetical-deductive. As a result, it was identified that the rights to privacy and personal data were not absolute and had to be balanced with other social interests, such as public security, law enforcement, and freedom of expression. It was concluded that inspired by international standards on the subject, such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the General Data Protection Regulation (GDPR) of the European Union, both countries had legislative protection over these rights and a framework to address them. The legislation provided fundamental principles, but only time will show their effectiveness.

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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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LINGUA IURIS

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 1/2024

The article considers the language of law. Particular attention is paid to the position of Latin as a lingua iuris from Antiquity through the Middle Ages and Modern Times, as a main instrument outlining the legal principles and their conceptual systematization. The legal Latin terminology used today is examined in the light of the general development of law in Europe as a common and unified sustainable legal vocabulary in modern languages, that unites the different national legal systems and supports the concept that Roman law is ius commune, on which the European legal culture stands.

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Practicing Law for Students Through Legal Competitions

Author(s): Thao Le Thi,Thao Le Thi,Luong Doan Duc,Luong Doan Duc / Language(s): English Issue: 2/2024

The research identifies the increasing shift in legal education from theory-based curricula to practice-oriented methods, using competitions like moot courts, client consultations, and legal negotiations. The study combines qualitative and quantitative data through case studies, participant feedback, and experimental course designs to assess skill acquisition and student engagement. The research presents that legal competitions develop critical professional skills, such as oral advocacy, negotiation, and legal analysis, and foster resilience, teamwork, and effective communication. Moreover, structured coaching and preparation amplify these benefits, ensuring alignment with the needs of the professional legal community. The conclusion emphasizes integrating these competitions more formally into law curricula to balance theoretical and practical education, addressing gaps in traditional pedagogy while better preparing students for real-world human resources legal challenges.

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The India-US Security and Defense Cooperation under Narendra Modi: Challenges and Assessments

Author(s): Hue Quach Thi,Hang Nga Le Thi,Oanh Nguyen Thi / Language(s): English Issue: 3/2024

This article studied the reality of India-US security-defense cooperation during the period under Narendra Modi’s leadership in India. The article employed realism, liberalism, and constructivism to analyze how India and the US strengthened their security and defense partnership. Research results found that, under N. Modi’s leadership since 2014, India-US security and defense cooperation changed significantly in quantity and quality. The article concluded that security and defense became important pillars of India-US relations. It was deepened and broadened as well as became more comprehensive. India became the US’s “major defense partner”. Despite the solid security-defense cooperation with the US, India could not become the US’s ally. On the other hand, “strategic autonomy” became a prominent feature of India’s foreign policy under N. Modi.

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