Literatura académica sobre el tema "Self-determination, national – kosovo (republic)"

The attempt to secede from Kosovo, which began in the nineties of the twentieth century, ended with NATO’s aggression against Yugoslavia, which formally usurped the southern Serbian province by the most powerful Western countries. The threat to the national security of the Republic of Serbia by the armed aggression of the NATO Pact is a unique example of the violation of all existing international legal norms prohibiting aggression against a sovereign and independent state. It is emphasized that even with the introduction of the Interim International Administration (UNMIK), the security situation has not stabilized. The political decisions of the representatives of the international community were framed in the paradigm of “absolute independence” of Kosovo and Metohija, despite the dissatisfaction of the then top officials of the Republic of Serbia. The illegal attempt to secede from Kosovo and Metohija through the adoption of the Declaration of Independence in 2008 by representatives of the Albanian national minority raised a number of political, economic and social questions about the strategy of the subjects and forces of the national security system of the Republic of Serbia. It is indicated that the ongoing dialogue between representatives of the Provisional Kosovo Institutions and representatives of the Republic of Serbia contributed to the signing of agreements in various fields. However, their implementation has a negative impact on the sovereignty, i.e. the jurisdiction of the institutions of the Republic of Serbia. The international administration created to date has failed to ensure the implementation of UN Security Council resolution 1244. The article analyzes the dynamics of events that led to the unilateral declaration of independence in violation of all norms of international law, including the right to political self-determination. The results of the work indicate an uneven interpretation of some norms regulating the status of national minorities (in this case, Albanians), as well as an attempt by Western countries to impose a solution to the Kosovo problem on the Republic of Serbia exclusively through various forms of recognition of the so-called independence.

All 15 former Soviet Republics share a unique federal history with a particular understanding of the right to self-determination. Moreover, seven of them were federalised during the Soviet era, amounting to a major challenge to their territorial integrity after independence. While these states confronted their minorities in different ways, the Russian solution to its inherited national question has been the most comprehensive. This has made Russian understanding on self-determination essentially different from the mainstream of the international community, which in turn explains Russian persistent objections over the Kosovo independence (2008) and partly clarifies the events in Georgia (2008) and Crimea (2014). This article analyses how the former Soviet Republics coped with the transformation from the ethnofederal state to independence. The focus will be on Russia as the most affected of them and on the persistent Soviet legacy in its interpretations of self-determination and, consequently, its policies towards its post-Soviet neighbours.

After the Security Council had established the international administration in Kosovo on grounds of the Resolution no. 1244 of 10 June 1999 for the construction and reconstruction of the legal and economic systems, the support and protection of human rights, the provision of humanitarian and other assistance, it adopted the conclusion that the achievement of a political settlement for the southern Serbian province would primarily depend on the development and consolidation of peace and security. Accordingly, in May 2001, the international administration adopted the Constitutional Framework for Provisional Self- Government in Kosovo, which defined the status of the Serbian southern province as a whole and indivisible territorial entity under the interim international administration. The Constitutional Framework is regulated as a substantial transfer of state responsibilities by the peoples of Kosovo and Metohija to the provisional institutions of self-government and it should ?enjoy substantial autonomy within the Federal Republic of Yugoslavia?. This institutional development is aimed at establishing constructive cooperation among various ethnic communities in order to build a common democratic state. Since this solution is not quite legally balanced, it could not go without any negative consequences in terms of national sovereignty. The suspension of sovereignty of the Republic of Serbia in Kosovo and Metohija has eventually contributed to creating of the conditions for the socalled unilateral declaration of independence of the Republic of Kosovo. The analysis of the activities undertaken in the field of resolving the status issue after the unilateral declaration of independence of 17 February 2008 suggests that the solution for the Kosovo and Metohija should be primarily sought within the United Nations system.

The article is dedicated to review of laws of countries of the so-called Yugoslav criminal law group, which originated in the former Yugoslav territory. The article describes the concept of the former Yugoslav territory as the territory of the former Socialist Federal Republic of Yugoslavia (SFRY), consisting of 10 entities: the former Yugoslav Republic of Macedonia, the Republic of Serbia, the Republic of Slovenia, the Republic of Croatia, the Republic of Montenegro, the State of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, the Republic of Srpska, the Brčko District of Bosnia and Herzegovina and the partially recognized Republic of Kosovo, each of which has adopted its own criminal laws. The mentioned states follow the SFRY criminal law traditions to a greater or lesser extent, which largely ensures similarity of criminal laws of these states and gives a possibility to unite them in the Yugoslav criminal law group. All of the states recognize the criminal liability of legal entities. The author points out the common historical, international and political roots of such liability; reviews options of establishment of liability of legal entities by inclusion of the corresponding provisions in the national criminal codes or adoption of specific criminal laws on liability of legal entities as well as statutory resolutions making it possible to consider a legal entity as a criminal liability subject; gives a scope of legal entities, which cannot be brought to criminal liability; emphasizes the differences in the determination of crimes, which can lead to bringing legal entities to criminal liability; notes that in some countries of the reviewed group legal entities may be brought to criminal liability only for specifically indicated crimes while other countries have no such limitation; analyzes the bases of liability of legal entities stipulated by criminal laws and the models of criminal liability of legal entities implemented in the states of the Yugoslav group: an identification model and an extended identification model; states application of articles of the general parts of national criminal codes for bringing of legal entities to criminal liability.

Aim: The aim of this study is to compare the differences in breast cancer therapy, health-care service practices, and their availability in ten European countries—Albania, Bosnia and Herzegovina, Bulgaria, Kosovo, Montenegro, Republic of North Macedonia, Croatia, Romania, Slovenia, and Republic of Serbia. Methods: An inquire survey was conducted among oncologists in the participating countries. The questionnaire was of qualitative character and focused on several key areas as screening practices, diagnosing, treatment, and health-care procedures utilization. The results were processed through comparative and percentage analysis. Results: All of the observed countries have national registries for breast cancer, but only in five, a mechanism of controlled action of early detection is implemented. Ninety percent of the countries have implemented in the national guidelines the European Society of Medical Oncology recommendations, while National Comprehensive Cancer Network is considered in only 50%. In all countries, digital mammography is a universal diagnostic method. Pathohistological analysis, including HER2 receptor expression and determination of the level of progesterone and estrogen receptors, is routinely performed in all countries prior to therapy. Some differences are observed in terms of FISH/CISH methods, determination of Ki-67 volume, and prognostic molecular assays. Trastuzumab is used as neo-adjuvant therapy in HER2-positive disease in all countries, while in Bosnia and Herzegovina and Croatia, only pertuzumab is used. Psychological support is integrated into the professional guidelines for treatment and monitoring in Bosnia and Herzegovina, Bulgaria, and Serbia. Conclusions: The international guidelines should be followed strictly, and some improvements in the health policies should be made in order to decrease the differences and inequalities in the availability of the breast cancer (BC) health services in the Central and Eastern European countries.

AbstractThe aim of this study was to determine the prevalence of alcohol consumption among adolescents in Serbia and its association with sociodemographic characteristics. This paper is based on data from a national health survey of the population of Serbia in 2013 (no data for Kosovo and Metohija), conducted by the Ministry of Health of the Republic of Serbia. For the purposes of this study, data on households and individuals over 15 years of age were used; thus, the final sample for analysis included 858 patients (aged 15 to 19 years). Researchers used demographic characteristics (age, gender, type of home, region) and socio-economic characteristics (income per household member, the index of well-being, self-assessment of health, cigarette smoking, tendency towards psychological and physical violence) as the independent variables. A χ2 test was applied to test the differences in the frequencies of categorical variables. The correlations between alcohol consumption, as the dependent variable, and the independent variables (mentioned above) were tested by logistic regression. All results less than or equal to 5% probability (p ≤ 0.05) were considered statistically significant. The prevalence of alcohol consumption among adolescents in Serbia is 51.6%. Alcohol consumption is significantly associated with sex, type of home and the index of well-being (p < 0.05). The prevalence of alcohol consumption is higher in males (57.1%), in adolescents who come from urban areas (59.3%) and in adolescents who, according to the index of well-being, belong to the wealthiest financial category (23.9%).

State is society’s need for the existence of an organized power, equipped with the right equipments of coercion and able to run the society, by imposing the choices that seem reasonable to them, through legal norms. State is an organization of state power; it is an organized power which imposes its will to all the society and has a whole mechanism to execute this will. The state realizes its functions through power, which is a mechanism to accomplish its relevant functions. The power’s concept is a social concept, which can be understood only as a relation between two subjects, between two wills. Power is the ability to impose an order, a rule and other’s behavior in case that he doesn’t apply voluntary the relevant norm, respectively the right. Using state power is related to creation and application, respectively the implementation of law. To understand state power better, we have to start from its overall character. So, we notice that in practice we encounter different kinds of powers: the family’s one, the school’s one, the health’s one, the religion’s, culture’s etc. The notion of powers can be understood as a report between two subjects, two wills. Power is an order for other’s behavior. Every power is some kind of liability, dependence from others. In the legal aspect, supremacy of state presents the constitutive – legislative form upon the powers that follow after it. Supremacy, respectively the prevalence, is stronger upon other powers in its territory. For example we take the highest state body, the parliament as a legislative body, where all other powers that come after it, like the executive and court’s one, are dependable on state’s central power. We can’t avoid the carriage of state’s sovereignty in the competences of different international organizations. Republic, based on ratified agreements for certain cases can overstep state’s power on international organizations. The people legitimate power and its bodies, by giving their votes for a mandate of governance (people’s verdict). It is true that we understand people’s sovereignty only as a quality of people, where with the word people we understand the entirety of citizens that live in a state. The sovereignty’s case actualizes especially to prove people’s right for self-determination until the disconnection that can be seen as national – state sovereignty. National sovereignty is the right of a nation for self-determination. Sovereignty’s cease happens when the monopoly of physical strength ceases as well, and this monopoly is won by another organization. A state can be ceased with the voluntary union of two or more states in a mutual state, or a state can be ceased from a federative state, where federal units win their independence. In this context we have to do with former USSR’s units, separated in some independent states, like Czechoslovakia unit that was separated in two independent states: in Czech Republic and Slovakia. Former Yugoslavia was separated from eight federal units, today from these federal units seven of them have won their independence and their international recognition, and the Republic of Kosovo is one amongst them. Every state power’s activity has legal effect inside the borders of a certain territory and inside this territory the people come under the relevant state’s power. Territorial expansion of state power is three dimensional. The first dimension includes the land inside a state’s borders, the second dimension includes the airspace upon the land and the third dimension includes water space. The airspace upon inside territorial waters is also a power upon people and the power is not universal, meaning that it doesn’t include all mankind. State territory is the space that’s under state’s sovereignty. It is an essential element for its existence. According to the author Juaraj Andrassy, state territory lies in land and water space inside the borders, land and water under this space and the air upon it. Coastal waters and air are considered as parts that belong to land area, because in every case they share her destiny. Exceptionally, according to the international right or international treaties, it is possible that in one certain state’s territory another state’s power can be used. In this case we have to do with the extraterritoriality of state power. The state extraterritoriality’s institute is connected to the concept of another state’s territory, where we have to do with diplomatic representatives of a foreign country, where in the buildings of these diplomatic representatives, the power of the current state is not used. These buildings, according to the international right, the diplomatic right, have territorial immunity and the relevant host state bodies don’t have any power. Regarding to inviolability, respectively within this case, we have two groups to mention: the real immunity and the personal immunity, which are connected with the extraterritoriality’s institute. Key words: Independence, Sovereignty, Preponderance, Prevalence, Territorial Expansion.

Recognition of regional features, outlining of the contours of regions, tendency to regionalize ethnic, economic, cultural and state-administrative space, and strengthening the ideology of regionalism in the Federal Republic of Yugoslavia, that is Serbia and Montenegro, appear as a practical and political but also as a theoretical problem which includes and combines several scientific disciplines. The phenomenon of regionalism is not contradictory although it is primarily expressed through the numerous conflicts of interests rivalry and antagonisms of political subjects. The problematic side of the phenomenon of regionalism includes the result of an extremely negative and existentially tragic experience of the several years-long disintegration of the complex Yugoslav state. During the partition and disintegration of the second Yugoslavia, there also happened the disintegration of the Serbian ethnic area Growth, support and instigation of regional tendencies occurred in the historical circumstances of secession and did not stop in the post-secession period. Particularization and segmentation of political area, as well as the disintegration of the former state, did not occur in accordance with the norms of internal and international law. Legality was late and was achieved within the transformation of power reflected in the changed territorial policy of the dominant alliance of great powers. The entire past decade was characterized by an extraordinary metamorphosis of political space. Secession trend had the territorial features which included the change of borders and had been long in the focus of the global geopolitical attention. Territories were divided and made smaller. Intensive territorial dynamics within the external silhouette of the de-stated SFR of Yugoslavia resulted in the creation of several state and quasi-state political formations. Former republics became semi-sovereign states. Dispersed and displaced Serbian ethnos was configured in the three territories: in the Republic of Serbia - from which Kosovo and Metohia were amputated and placed under the UN protectorate - in the entire Republic of Montenegro and in the Republic Srpska, located in one part of the former Bosnia and Herzegovina. Demopolitical result of the geopolitical destruction of the Serbian ethnos was a great movement of the Serbian population from the west to the east, and its concentration in the territory of the Republic of Serbia this implied that the Serbs were expelled from their millennia-long abodes in Croatia, parts of Bosnia and from Kosmet. The geo-economic result of the same process was the devastation of the national economic strength west of the Drina and in the southern province. Economic regression occurred also in the national parent-land state. Balkan re-arrangement of the spheres of interest in the post-bipolar period was in 1995. fixed by the interest arrangement of the great powers known under the name Dayton Peace Agreement. Redistribution of the territories from the destroyed state occurred in the post-communist period with the expansion of west-civilization structures to the European east Westernization of the eastern part of Europe, or entire Europe as the other pole of the global West, could be characterized as a dual mega-regionality. Namely, the west is composed of Europe and America; on the other side, there is the global East or its hybrid variation Eurasia. With the disappearance of their common state and its framework, south Slavs found themselves in the seemingly independent, and actually client states. Western delimitation of the south Slavic area moved from the Yugoslav borders towards a wider Balkan demarcation. One could say that the revitalized notion of the Balkans became a new, in many aspects obligatory framework for regional thinking. The Balkan macroregion is further determined by the intentions to expand the European Union. One of the Euro-centric concepts, which is being experimentally employed precisely in the Balkans, is the establishment of the so-called Europe of regions in the peripheral areas. On the other hand, even though the process of the disintegration of the Yugoslav Federation appears to be irreversible, the superordinate Euro-American factor does not give up the possibility of the mezzo-regional initiatives, cooperations, associations and integrations. This "middle" level of dealing with the specificities of the Yugoslav region is related to the states and nations from the former Yugoslavia, or the so-called West Balkans. Naturally, it is not the tendency to revive the silhouette of the previous state, but certainly there is a noticeable intention to achieve a regional linking of the related, now semi-sovereign territories which sometimes belonged to the same state framework. The fourth level deals with microregionalism, that is the relation between the different areas in the newly-created states. It is interesting that the regionalist discourse is mostly cherished exactly in the ethno-heterogeneous Serbian area, although other Yugoslav states also have or had regional tradition and mixed population, like, for example, Slovenia and Croatia Nevertheless, these former Yugo-republics are structured as mono-national states, so the regional policy and ideology of regionalism are still not in the first plane. Regionalism within the newly-formed states could be supplemented with the micron level implying specific sub-regionalism of the highest degree, within the larger regions in the same state. This could be illustrated with Backa, Banat and Srem inside Vojvodina, understood as the northern Serbian region, or Kosovo and Metohia in the south of Serbia, in the province with the same name. In the part of Serbia outside the provinces, similar things could be said for Belgrade with its surroundings, Macva, Podrinje, Sumadija, Raska District etc. Thus, when it comes to the present FR of Yugoslavia, all five levels of regional dynamics have a principled, but insufficiently studied significance. Mega-regional level is related to the mark denoting the global belonging to the West. Macroregional level deals with the European loyalty, that is inclusion of the FR of Yugoslavia into the continental European trends. This trans-continental and continental direction of inclusion implies a historical teleology of the relative eastern belonging to the absolute West, that is Euro-America, and the entrance into the full structure of the European Union. All the mentioned problems of recognition and characterization of the regional phenomenology in the political topography of the world are motivated by the tendency to achieve as clear as possible spatial-temporal national and state orientation The direction is related to the so-called safety dilemma of the nation and the country faced with the change of size and essence of one's own state, with the different geopolitical position and redefined foreign-policy priorities. It is also the case of the changed alliance policy, and the innovated strategy of integration into the old and new global and regional political structures. On the basis of the indicated components of geopolitical context, one could say that the phenomenon of regions and their cognate correlates {regionally regionalization and regionalism) should not be understood exclusively through the legal categories of international law and the so-called constitutional solutions, that is administrative division of the state territory. Actually in the analysis of regions and regionalism in Serbia and the FR of Yugoslavia it is necessary first to discuss the pre-normative or meta-le-gal factors in the creation of the regional issue within the national and state issue, which have the form of the unsolved political problem. Meta-legality is located within the domain of the international relations and geopolitic. Meta-legal or pre-normative factors of the formation or recognition of regions and regionalisms deal with the possibility of the political constitution of the Serbian, that is Serbian / Montenegrin (still Yugoslav) society. Since the unique state area was destroyed in the four-year secession wars and there occurred significant demopolitical changes, war migrations, forceful displacements and expulsion of the population - the ethnic character of many areas was also drastically changed. At the same time, the post-secession existence of the FR of Yugoslavia could be also viewed through the optics of the state residuum. The remaining Serbia or Serbia (temporarily) without Kosovo is certainly not an equivalent for the Serbian ethnic space, nor for the entire Serbian lands. It is not even the FR of Yugoslavia, as a dual con federation of the Serbian / Montenegrin nation. Geopolitical reduction of the SFR of Yugoslavia to a residual creation of the FR of Yugoslavia was not deduced from the legality sui generis, but resulted from a conflict, the defeat of integralism and the victory of separatism, as well as from a new triumphal configuration of power. The impulse implying the statism of the collective rights from the former complex federal necessarily-multinational level was transferred to a lower mononational level. Therefore, the regionalist ideology in the post-secession reality of the residual state almost inevitably, as a tendency, nears the separatory particularism. Even the lost national state and the state entirety are openly denied within the requests for the territorization of the collective rights of various minorities. Naturally these requests do not carry the primary features of the development of democracy. On the contrary, in the majority of cases this implies the rise of parish and tribal consciousness prone to narrow-minded separation. Thus the post-secession requests for the regionalization are often just a slight rhetorical mask for real separatism. For example, they are expressed through the pseudo-national separation of Vojvodina from Serbia, as well as Montenegro from Serbia, or through the establishment of state-like entities in the territorial tissue of Serbia Alleged arguments are found in the unfinished disintegration of the SFR of Yugoslavia on the one hand, and in the prevention of the creation of the so-called Greater Serbia, even within the diminished Serbia That way, even in the post-secession, reduced Serbia one could easily recognize the tendencies of federalization and confederalization, even the amputation of its remaining state space. Additional arguments for the crawling secession and prolonged territorial destruction are found in the ideology of globalization and world trends of relativizing territorial integrity and state sovereignty. On the other hand, the idea about the principled insignificance of borders in Europe without borders, as well as Europe of regions, is emphasized. Thus, it is obvious that the new state and regional delimitations and demarcations are in contradiction with the vision of the trans-statal and trans-national integrity of the European continent. In Serbia itself, me problem of the restructuring of regions is determined by the inherited and unchanged triple division of its territory into the central part and two autonomous provinces in the north and south. Thus every idea for regionalization (expert, party, leader's, NGO and the like) faces the inherited, too narrow constitutional framework and easily slides to the federalization or confederalization of the Republic, and in extreme cases to the independence and sovereignty of ethnic, religious, linguistic and other minorities. Roughly put, the tendencies for territorial separation from the Republic of Serbia still exist in several neuralgic and unstable areas or regions. In Vojvodina, the presented tendencies have the character of a meaningless internal - Serbian autonomy, autonomism, latent separatism. Authentic Serbian autonomy lost its original character long ago and deteriorated into an internal national re-statism. On the other hand, in the furthest south of Serbia, in Kosmet, the UN protectorate is established, but the region is actually occupied and thus the status of the Province is "frozen". In the three municipalities in the south of Serbia, with the relative Albanian majority, Albanian separatism smolders within the platform of the so-called east Kosovo. In the Raska region (Sandzak) there are also strong tendencies for separateness on the religious-ecclesiastical, so-called Bosniac platform, with religious solidarity, and ethnic and territorial unity of all Bosniacs. In the meta-legal or pre-normative situation - which most often denotes political and geopolitical context implying interests, power and force - the inclinations for territorial design are faced with the conflicting ideology of regionalism. Therefore, the constitutional-legal solutions of the former, present and future regions, generated within the self-created legality which does not respect meta-legal, political and geopolitical impulses regardless of how aestheticized and "humanized" they may be - at the end face the practical impossibility of realization.

The paper attempts to analyze the principle of self-determination in the international agenda focusing on Moscow´s foreign policy since Gorbachev´s rejection of the Nagorno Karabagh Autonomous Region constitutional request to separate from the Soviet Socialist Republic of Azerbaijan in February 1988 through the successive crises in the Kosovo, the Caucasus and Ukraine. The central argument sustains that the apparent rejection to the principle of self-determination must be understood in the context of Moscow´s continued drive for hegemony in the geopolitical space of Eurasia, and more specifically, in the ex-Soviet space.

Kosovo independence still remains a key issue on a global scale. In simple terms, there are two contradictory stands on the sovereignty of Kosovo. According to the first one, Kosovo declaration of independence is illegal due to the breach of international law and the constitution of the Republic of Serbia of 2006. Meanwhile the second stand proves that unilateral Kosovo declaration of independence was legal since Kosovo Albanians are fully entitled to the right of self-determination. The following paper presents an opinion on Kosovo independence expressed by the students of the Faculty of Political Science at the University of Belgrade and the University of Zagreb – two most important universities in Serbia and Croatia. The results presented in the paper are based on the survey carried out by the author in 2013.

La présente thèse veut fonder le droit moral à faire sécession, en analysant le principe de souveraineté nationale, le concept de peuple, celui de nation et de nationalisme, pour arriver à considérer la sécession en tant que phénomène inévitable suivant la dissolution de l'Etat en tant que principe absolu, et en tant que conséquence parfois souhaitable dans les conflits inter-ethniques qui n'arrivent pas à être résolus. Notre point de vue ne sera pas celui de qui veut forcer une minorité ou un groupe à demeurer dans une situation de status quo, afin de ne pas déranger les équilibres politiques internationaux ou de ne pas trahir le principe de la souveraineté d’un État sur son territoire ou celui de la non-ingérence. Nous aurons plutôt à cœur d’établir la réalité des faits derrière le mouvement sécessionniste, pour garantir au peuple demandeur de sécession une impartialité de traitement et l’avènement de meilleures conditions de vie pour sa population. Nos considérations seront pragmatiques, réalistes, marginalisant les fondements de droit international comme le principe de non-ingérence et le respect de la souveraineté étatique ainsi que les considérations d’ordre politique et stratégique.

Ce qui nous intéresse est la fondation d’un droit moral qui puisse se révéler capital dans la résolution de conflits et crises interethniques, et qui puisse faciliter les prises de décisions dans les crises sécessionnistes – quand la sécession en cours sera justifiable – pour aboutir à la création d’un nouvel État pour des raisons biens fondées, raisons qui n’ont pas pu être accommodées à travers des instruments tels quels l’octroi de droits spéciaux, les tentatives de pacification, la cohabitation forcée, l’autonomie, le fédéralisme.

Les événements qui portent une minorité ou un groupe national à contempler une solution sécessionniste sont en général marqués par une tension politique plus ou moins forte, des problèmes d’ordre social ou économique, parfois des violations de droits collectifs ou, pire, des conflits armés, violence de masse, génocide. Ce n’est jamais, ou seulement dans de très rares cas, une situation de bien-être qui génère une demande d’indépendance, et ce sera donc avec une encore plus grande humanité et de sentiments d’impartialité et de bienveillance qu’on devra considérer la situation en question.

Le droit à faire sécession existe parce qu’il appartient à chaque peuple de pouvoir se donner l’organisation politique et juridique de son choix. La référence juridique ne tournera plus autour des droits de l’homme (les droits fondamentaux des individus) mais autour des droits des gens (les droits fondamentaux des peuples) :ce droit, dans lequel ont cru aussi des philosophes comme Walzer, Livingstone, Boykin et Sandel, est une priorité éthique très forte pour la communauté internationale. C’est un droit fondamental et inaliénable, et comme tel il appartient à la sphère de la praxis humaine qui a à faire avec le comportement social, l’organisation politique et l’action civile pour une meilleure survie anthropologique du groupe.

La norme qui devrait sanctionner la fondation du droit moral à faire sécession est l’application effective du droit des peuples à choisir librement leur organisation politique et à poursuivre leur développement économique, social et culturel. Cette norme est reconnue à l’article 1er du Pacte international sur les droits politiques et civils, et à l’article 55 de la Charte des Nations Unies. Mais notre interprétation est très utopiste et elle se place très loin de la pratique de la politique internationale, qui veut voir dans le droit à l’autodétermination des peuples la seule autodétermination politique des peuples avec un État national bien défini :ce magnifique droit collectif est ainsi réduit à la seule possibilité de choisir son régime politique par les élections.

Doctorat en Philosophie
info:eu-repo/semantics/nonPublished

Nombreux sont ceux qui pensent que la dissolution de la Yougoslavie commence et finit au Kosovo. Il s’agit d’une suite logique de l’éclatement yougoslave une fédération fragile composée des différentes nationalités. Province autonome sous l’ère de Tito de 1974 - 1989, le Kosovo avait des prérogatives similaires à une république. Le régime de Milosevic supprima cette autonomie déclenchant ainsi des violences et des tensions. Face aux incessantes violations de leurs droits fondamentaux, les Albanais du Kosovo ont d’abord opté pour une résistance pacifique, toutes en boycottant les institutions serbes et yougoslaves. Ils ont réussi à crée une véritable société parallèle, une sorte d’Etat dans l’Etat. Les guerres yougoslaves ont initié la création des nouveaux Etats, il s’agit d’un processus de redéfinition des identités nationales de l’ex-Yougoslavie qui met en relation plusieurs conceptions de la nation et de la citoyenneté. Il y a de bonnes raisons de penser que la naissance d’un Etat du Kosovo peut amener la création d’une nouvelle Nation, cependant la création de cette nation suppose une conscience partagée et des circonstances politiques favorables. L’objectif de cette recherche était d’argumenter les causes de l’effondrement violent de l’ex-Yougoslavie et de tirer les enseignements d’une accession mouvementée et parfois tragique du Kosovo à l’indépendance et consistait aussi à analyser les difficultés, pour une société composite et fragmentée, d’accéder au XXIème siècle à la souveraineté nationale. Il ressort de cette thèse que la cause principale de l’effondrement violent de l’ancienne Yougoslavie était le programme national serbe qui cherchait à créer la Grande Serbie et que l’indépendance du Kosovo, au lendemain de la désintégration yougoslave, était la seule solution possible qui pouvait assurer la paix et la stabilité dans la région
Many people believe that the dissolution of Yugoslavia begins and ends in Kosovo. This is a logical continuation of the Yugoslav breakup a fragile federation composed of various nationalities. Autonomous province under the Tito’s era of 1974 - 1989, Kosovo had similar powers to a republic. Milosevic 's regime abolished Kosovo’s autonomy triggering violence and tensions. Faced with constant violations of their human rights, Kosovo Albanians opted for a peaceful resistance, all by boycotting Serbian and Yugoslav institutions. They managed to create a real parallel society, a kind of State in the State. The Yugoslav wars initiated the creation of new States, it is a process of redefining of the national identities of the former Yugoslavia which connects several conceptions of nation and citizenship. There are good reasons to belive that the birth of Kosovo State can cause the creation of a new nation, however, the creation of this nation requires a shared awareness and favorable political circumstances. This thesis aims to argue the causes of the violent collapse of the former Yugoslavia and to learn of a turbulent and sometimes tragic accession of Kosovo to independence and also to analyze the challenge and difficulties for a composite and fragmented society, to access in the 21st century to national sovereignty. This research showed that the main cause of the violent collapse of the former Yugoslavia was the Serbian national program that sought to create a Greater Serbia and that Kosovo's independence after the disintegration of Yougoslavia was the only possible solution that could ensure peace and stability in the region

碩士
國立政治大學
外交學系
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The right to self-determination was after the first World War proposed by former American president, Woodrow Wilson. Its subject, which was derived from the concept of natural rights, expresses that people should possess the right to freely determine their international political status without interference. However, development in past decades, including resolutions of United Nations, practices of nations, judgements of ICJ and national courts, have been imposing limitations and conditions upon this right. Thus, many ethnic groups attempting to become independent have been considered separatism and forcibly suppressed. Actors in international society have been differently reacting toward implementation of the right to self-determination and national practices. Therefore, the author looks forward to scrutinizing the iconic cases of Crimea and Kosovo, and analyzes attitudinal differences between United States, Russian, and other strong powers. By doing so, it can be possible to summarize the criteria of decisions made by these nations. Data gathered and analyzed in this thesis include the development of the right to national self-determination, the effectiveness and necessity of plebiscites, the fundamental causes of these two cases, violations of international laws, and different attitude of strong powers. In conclusion, international regimes concerning the right to national self-determination are still unspecific. It sums up that the paradox of national acknowledgement in different cases represents international relations still resorts to supremacy of interests, derived from realism. As for international regimes promoted by neoliberalism, it turns out only countries that are capable of affording the costs would dare to confront them.

The focus in this dissertation is on the rise of secessionism and its curtailment in the Democratic Republic of Congo (DRC). Theories pertaining to centre-periphery relations, as well as right-sizing the state, are used for this purpose. Factors such as the DRC’s vast territory and colonial policies affected the centre-periphery relations after independence. The weak ties between the centre and the peripheries were important factors in the attempts at secession that followed independence. In addition, the political and administrative centre (Kinshasa) was too weak to keep the restive peripheries in check. International military intervention, thus, played an important role in defeating attempts at secession. The strategies of President Mobutu in strengthening the centre, as well as the lack of secessionism in the DRC after the collapse of the centre towards the end of Mobutu’s presidency, receive attention.
Political Sciences
M.A. (Politics)

Dissertação de Mestrado em Direito apresentada à Faculdade de Direito
With this essay we aim to explore the Principle of Self-Determination of Peoples,starting with its evolution from a political postulate to a Ius Cogens norm, and then analyzeboth external and internal self-determination. In external self-determination we can find firstand foremost a right to decolonization, restrained by the Principle of Uti Possidetis Iuris andallowing for the creation of the national liberation movements in international law. In internalself-determination we will elaborate upon the holders of the right and what it includes,moving to the connection between internal self-determination, human rights and minorities.We will then establish the concept of secession, as a fact in international life and thecriteria for the creation of states in international law and, follow this with the presentation ofthe Principle of Territorial Integrity and the use of force as limitations faced by thesecessionist process.We will defend a right to remedial secession, based upon the violation of internal selfdetermination and human rights, presenting previous decisions mentioning this hypothesisand, also, some criteria provided by the doctrine to regulate secession.Finally, we will explore two cases of secession, Bangladesh and “Turkish Republicof Northern Cyprus” while applying the previously elaborated concepts and analyze theirdifferences with regards to a right to secession.With this essay we aim to explore the Principle of Self-Determination of Peoples,starting with its evolution from a political postulate to a Ius Cogens norm, and then analyzeboth external and internal self-determination. In external self-determination we can find firstand foremost a right to decolonization, restrained by the Principle of Uti Possidetis Iuris andallowing for the creation of the national liberation movements in international law. In internalself-determination we will elaborate upon the holders of the right and what it includes,moving to the connection between internal self-determination, human rights and minorities.We will then establish the concept of secession, as a fact in international life and thecriteria for the creation of states in international law and, follow this with the presentation ofthe Principle of Territorial Integrity and the use of force as limitations faced by thesecessionist process.We will defend a right to remedial secession, based upon the violation of internal selfdetermination and human rights, presenting previous decisions mentioning this hypothesisand, also, some criteria provided by the doctrine to regulate secession.Finally, we will explore two cases of secession, Bangladesh and “Turkish Republicof Northern Cyprus” while applying the previously elaborated concepts and analyze theirdifferences with regards to a right to secession.
Com a presente exposição pretendemos explorar o Princípio da Autodeterminaçãodos Povos, começando pela sua evolução de postulado político para regra Ius Cogens, paradepois analisarmos as suas duas vertentes. Na vertente externa encontramos primariamenteum direito à descolonização, limitado pelo Princípio Uti Possidetis Iuris e que terá permitidoo surgimento da figura dos movimentos de libertação nacional (MNL) no direitointernacional. Já na vertente interna analisaremos quais os seus titulares e conteúdo, passandopela conexão existente entre a autodeterminação interna, direitos humanos e minorias.Estabeleceremos uma noção de secessão, enquanto facto da vida internacional equais os elementos constitutivos de um Estado no direito internacional para, de seguida,apresentarmos o Princípio da Integridade Territorial e o uso da força como limitaçõesenfrentadas pelos processos secessionistas.Defenderemos um direito de secessão enquanto último remédio, baseado naviolação do direito de autodeterminação interna e de direitos humanos, apresentando decisõesprévias com menção à hipótese da secessão e, ainda, alguns critérios reguladoresapresentados pela doutrina.Por fim, analisaremos dois casos de secessão, o Bangladesh e a “República Turcado Chipre do Norte”(RTCN), de forma a aplicar os diversos conceitos previamente tratadose analisar as diferenças nos casos quanto ao nível do direito de secessão.Com a presente exposição pretendemos explorar o Princípio da Autodeterminaçãodos Povos, começando pela sua evolução de postulado político para regra Ius Cogens, paradepois analisarmos as suas duas vertentes. Na vertente externa encontramos primariamenteum direito à descolonização, limitado pelo Princípio Uti Possidetis Iuris e que terá permitidoo surgimento da figura dos movimentos de libertação nacional (MNL) no direitointernacional. Já na vertente interna analisaremos quais os seus titulares e conteúdo, passandopela conexão existente entre a autodeterminação interna, direitos humanos e minorias.Estabeleceremos uma noção de secessão, enquanto facto da vida internacional equais os elementos constitutivos de um Estado no direito internacional para, de seguida,apresentarmos o Princípio da Integridade Territorial e o uso da força como limitaçõesenfrentadas pelos processos secessionistas.Defenderemos um direito de secessão enquanto último remédio, baseado naviolação do direito de autodeterminação interna e de direitos humanos, apresentando decisõesprévias com menção à hipótese da secessão e, ainda, alguns critérios reguladoresapresentados pela doutrina.Por fim, analisaremos dois casos de secessão, o Bangladesh e a “República Turcado Chipre do Norte”(RTCN), de forma a aplicar os diversos conceitos previamente tratadose analisar as diferenças nos casos quanto ao nível do direito de secessão.

This chapter argues that tourism aggravated tensions between the People's Republic of China (PRC) and Taiwan, polarized Taiwanese society, and pushed Taiwanese popular sentiment farther toward support for national self-determination. It emphasizes that tourism performs and can transform state territory. It also mentions that Taiwan's staging of state sovereignty bifurcated into the Taiwan that performed as a part of China for group tourists versus the Taiwan experienced as a site of everyday life by local residents and some independent tourists. The chapter treats territory as a political practice and pattern of relations that names, claims, calculates, and bounds space. It states territorialization as referring to the particular practices by which space is rendered or configured as belonging to and bounded by a collective actor imagined as a particular state.

It is a truism that black folk in the United States are an international people. From the beginning of the republic, they were compelled by force of domestic (national) circumstances to internationalize their struggle for liberation, the founders having excluded them from the US social contract. The initial affidavit of exclusion is right there in the inaugural document of the social contract, the Declaration of Independence, which, ever so cryptically, damned the king of England for having “excited domestic insurrections amongst us.” This was an attack on the self-emancipatory activities of the enslaved descendants of Africa, who were exploiting the chaos caused by the anticolonial rebellion to claim their freedom, sometimes in cahoots with the British colonialists. Unable or unwilling to confront their own contradictions, the authors of the Declaration of Independence condemned the self-determination of the slaves as the doing of outside agitators, a charge that would be hurled at African American movements and activists for generations to come—up to the present time, in fact....

Interesting studies of national and cultural policies in the Ukrainian SSR in the interwar period regularly appear. However, the linguistic side of the Soviet education system is not well understood. The experience of Soviet Ukraine is important for the study of language policy in a multi-ethnic society. The Bolsheviks supported the right of nations to self-determination and announced that all nationalities were given the opportunity to freely study in their native language. For the Bolsheviks, this was important, since language and school are powerful factors in influencing public consciousness. In the 1920s, during the period of indigenization, the authorities adhered to the principle of providing the Ukrainian language with a place corresponding to the number and percentage of Ukrainian people in the territory of the Ukrainian SSR. In the period of unification and centralization of the 1930s, reforms were aimed at increasing the volume of teaching in the Russian language, but did not change the principle of teaching Ukrainians in their native language. The provision on the free choice of the language of instruction was legislated only as a result of the school reform of 1958.

In April 1919 hundreds of unemployed workers and war veterans took to the streets of Vienna, stormed the parliament building, and attempted to set it on fire. The crowd was dispersed by the police and units of Austria’s revolutionary army (Volkswehr), but the insurgents regrouped and took the to the streets again in June in a putsch attempt that was also suppressed. These events came at a critical point in the history of the republic and shaped the politics of the 1920s. Communists had seized power in both Bavaria and Hungary, and the Austrian labour leadership had come under intense pressure to lead the country in a more radical direction. They also reveal the peculiar and precarious position in which Austria found itself in the wake of the First World War: ‘the state that nobody wanted’, perceived as an economically ‘unviable’ rump of the Habsburg empire, but denied national self-determination through union with the Weimar Republic. The Social Democratic Workers’ Party came under similar pressures, both from the Entente, and from counter-revolutionary forces at home, and was compelled to work with the dispossessed elites of the Habsburg Empire. This chapter examines the response of labour leaders and Austro-Marxist intellectuals in the spring and summer of 1914 to the political problems they faced and the ways in which the outcome of the crisis determined the course of political developments in inter-war Austria.

The subject of this paper is the analysis of the methods of regulating the advance decision of patients at the level of the Council of Europe and in the countries of German legal tradition in order to underline the significance of this institute and the predispositions for its validity and applicability in concrete medical situations. In the first part of the paper, the author presents and assesses the regulations related to advance decision making adopted under the auspicies of the Council of Europe, mostly with the aim of its recoginition as the expression of people's autonomy and the right to self- determination, but then, also, with the aim of establishing the principles on which the member countries base this institute in their national legislations. The second part is devoted to the analysis of the methods of regulating the advance directives and advance powers of attorney in Switzerland, Germany and Austria. In the conclusion, the author underlines the value of this institute and the need of the Republic of Serbia, the member of the Council of Europe, to harmonize its regulations on this matter with European standards. In that context, Serbia needs to acknowledge and establish the conditions under which a patient may in advance, in case of his subsequent incapacity, refuse or accept to be the subject of a certain medical treatment or designate a person who will make decisions on his behalf and under certain instructions related to his health. Here the author points to some issues that need to be adequtely solved , such as: the validity of declarations of consent, their registration, the monitring of their execution, etc.