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1
Gauthier, Ryan. "Statehood and the Olympic Games." AJIL Unbound 114 (2020): 380–84. http://dx.doi.org/10.1017/aju.2020.74.
Повний текст джерелаАнотація:
Sport is a useful area of study to test assumptions of international law. International law has traditionally focused on states and on international organizations that oversee specialized areas of human activity. International sport is overseen by an NGO—the International Olympic Committee (IOC). Yet sport is of great interest to states, serving as a testing ground of national superiority by providing a simple narrative of “winners” and “losers” in competition. Meanwhile, entities that are not yet states have historically been able to participate in international sport more readily than in other areas of international relations. This essay will examine the connection between participation in the Olympic Games and claims to statehood. In doing so, this essay will outline the modern approach to statehood, consider sport's role in that approach, and examine two case studies: the German Democratic Republic, and Kosovo.
2
TANSEY, OISÍN. "Does democracy need sovereignty?" Review of International Studies 37, no. 4 (September 2, 2010): 1515–36. http://dx.doi.org/10.1017/s0260210510001087.
Повний текст джерелаАнотація:
AbstractNon-state entities that aspire to statehood are increasingly developing democratic norms and practices, in part to enhance their claims for independence. However, the prospects for democracy in cases of ‘problematic sovereignty’ are little understood. This article seeks to explore the important but under-explored relationship between sovereignty and democracy, and in particular to assess the extent to which sovereignty is, or is not, a prerequisite for democracy. The article advances two arguments. First, it argues that there is no clear-cut relationship between sovereignty and democracy, as sovereignty is a complex concept that is comprised of several important, and distinct, constituent elements. Second, the article argues that the legal recognition of statehood (international legal sovereignty) is of marginal importance in this area, and should not be seen as a necessary condition for democratic rule. The article examines the process of democratic transition in the non-state entity of Somaliland to provide empirical support.
3
Grimm, Dieter. "Defending Sovereign Statehood Against Transforming the Union Into a State." European Constitutional Law Review 5, no. 3 (October 2009): 353–73. http://dx.doi.org/10.1017/s1574019609003538.
Повний текст джерелаАнотація:
German Constitutional Court decision of 30 June 2009 on the compatibility of the Lisbon Treaty with the German Constitution – Overview of earlier case-law – Analysis of the judgment – Comparison with earlier case-law – The Court's reference to sovereignty – The concept of democratic legitimacy – Participation of the German Parliament – Transformation of the EU into a state – Creeping evisceration of state legislative authority – Assessment of the judgment
4
Dudley, Danijela. "From Challenged Statehood to Democratic Civil-Military Relations: Defence Reform in Montenegro." Journal of Balkan and Near Eastern Studies 22, no. 1 (January 2, 2020): 84–102. http://dx.doi.org/10.1080/19448953.2020.1715667.
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5
Hwan, Ruslan. "Formation and development of municipal legal policy of Ukraine in the context of further development of democratic legal statehood." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 113–20. http://dx.doi.org/10.36695/2219-5521.1.2021.19.
Повний текст джерелаАнотація:
The purpose of this article is to study doctrinal approaches to the formation and development of municipal legal policy in Ukrainein the context of the further development of democratic legal statehood.It has been proved that objectification and actualization of the development of municipal legal policy is an integral part of statelegal policy and carries out a purposeful and institutional-constitutive influence on the formation and development of local self-governmentin the conditions of which territorial communities exist and function, – are associated with the improvement of democraticlegal statehood.It is indicated that the actualization of the problems of municipal legal policy of the state is directly related to the conditions forthe existence and functioning of statehood and the international community of states in crisis conditions, in fact contributes to its objectification,contextualization, requires its qualitatively new understanding, filling, as well as new mechanisms of regulatory, legislativeand administrative technological support and support.In the context of understanding the semantic and etymological load of the terminological system “democratic legal statehood”,where the categorical concept of “statehood” acts as a reference, significant self-governing attitudes are highlighted that can be reflectedand consolidated in municipal legal policy in the context of the collectivist foundations of the exercise of public power, human accessto the implementation of such power at different levels of society, the legalization of human and civil rights and freedoms, humanitarianand humanistic parameters for the implementation of state activities in many areas of social life.
6
Perju, Vlad. "On the (De-)Fragmentation of Statehood in Europe: Reflections on Ernst-Wolfgang Böckenförde's Work on European Integration." German Law Journal 19, no. 2 (May 1, 2018): 403–34. http://dx.doi.org/10.1017/s2071832200022744.
Повний текст джерелаАнотація:
It has become a standard critique of European integration that the upward transfer of sovereignty in market-related matters leads to the fragmentation of statehood between the supranational, European level and the largely incapacitated nation-states that retain jurisdiction over social and distributive policies. My article takes up this critique in the elaborate version of one of Germany's leading post-war constitutional theorists, Ernst-Wolfgang Böckenförde, whose approach has been influential in how German constitutionalism relates to the project of European unification. In this account, vertical integration uses law to sever economics from democratic politics, fragments the concern for the common good of citizens and undermines the unity of statehood. I contrast this account to instances of horizontal fragmentation of statehood, such as those underway in member-states such as Hungary or Poland where the nation state's constitutional structures are coming undone at the hands of authoritarian populists. The European Union's role of defending the rule of law within its constitutive states seeks to restore their normative integrity and, as such, is best understood as a role of verticalde-fragmentationof political and constitutional transformations at the domestic level. The question if statehood can be established at the European level gains greater urgency and complexity in light of these developments.
7
Tomuschat, Christian. "Inconsistencies – The German Federal Constitutional Court on the European Arrest Warrant." European Constitutional Law Review 2, no. 2 (June 2006): 209–26. http://dx.doi.org/10.1017/s1574019606002094.
Повний текст джерелаАнотація:
Features European Arrest Warrant – Article 16(2) German Basic Law, which allows exceptionally for the extradition of German nationals, not read in the light of the European Union integration clause in Article 23(1) Basic Law – Complaint of violation of the democratic principle put in perspective – Preservation of the statehood of Germany – Lack of proportionality in and procedural defects of the implementing Act
8
Brett, E. A. "Rebuilding public authority in Uganda dualist theory, hybrid social orders and democratic statehood." World Development 159 (November 2022): 106055. http://dx.doi.org/10.1016/j.worlddev.2022.106055.
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9
SADURSKI, WOJCIECH. "Supranational public reason: On legitimacy of supranational norm-producing authorities." Global Constitutionalism 4, no. 3 (October 26, 2015): 396–427. http://dx.doi.org/10.1017/s204538171500012x.
Повний текст джерелаАнотація:
AbstractThe emergence of strong authorities beyond the nation state has raised questions about the absence of democratic legitimacy at the supranational level. The usual response to this dilemma has been an attempt to uncouple the strict link between national statehood and democracy, and in the process, to confer a degree of legitimacy on supranational authorities. This article argues that such an uncoupling is unconvincing, and that within the legitimacy-democracy-statehood triangle, the uncoupling of legitimacy and democracy is a more promising strategy. The legitimacy of supranational authorities is grounded in their appeal to ‘public reason’ – a legitimacy-conferring device well-suited to supranational authorities, as illustrated in this article by the examples of the European Court of Human Rights and the WTO dispute settlement system. On this basis, the article argues that we should not see the relationship between statehood legitimacy (based optimally on electoral democracy) and supranational legitimacy (based on public reason) as mutually antagonistic and engaged in zero-sum competition. Rather, this relationship allows scope for synergy, with supranational authorities often playing an important role in supporting democracy at the nation-state level.
10
Yu. Melnikov, Victor, Marina A. Cherkasova, Evgeniya S. Selivanova, Andrei V. Seregin, K. A. Dolgopolov, and Anna V. Aleksandrova. "THE EGALITARIAN PRINCIPLES OF THE OLD BOHEMIAN STATEHOOD AND THE LEGAL SYSTEM." Humanities & Social Sciences Reviews 7, no. 4 (October 5, 2019): 921–25. http://dx.doi.org/10.18510/hssr.2019.74124.
Повний текст джерелаАнотація:
Purpose: The article is devoted to the study of egalitarian principles of medieval Czech statehood and the legal system.
Methods: The authors pay special attention to the peculiarities of family self-government of the Czech communities, the institution of hazing in land law and the mechanism of reconciliation as an alternative to the death penalty.
Findings: The paper proves that tribal remnants of the customary law of the ancient Czech people in the medieval era contributed to the preservation of egalitarian democratic principles of public administration and justice.
11
Sokova, Zinaida N. "West Africa: The Formation Of National Statehood." Tyumen State University Herald. Humanities Research. Humanitates 6, no. 1 (2020): 150–65. http://dx.doi.org/10.21684/2411-197x-2020-6-1-150-165.
Повний текст джерелаАнотація:
The article is devoted to the study of the dynamics of political modernization in West Africa in the first decade of independent development. The author analyses the formation of political systems, the emergence of democratic institutions, and the causes of their crisis as well as the emergence of military and civilian authoritarian regimes. The author draws on legislative acts, documents of state authorities and governing bodies, evidence of contemporaries, expert assessments and explores national mechanisms of political leadership and governance using the examples of Nigeria, Ghana, Senegal, Côte d’Ivoire, Sierra Leone. The national specifics of political systems and the characteristics of political culture exclude the possibility of highlighting the “universal” model of power relations that is valid in all countries of the region. At the same time, a comparison of these processes with similar phenomena that took place in other parts of the post-colonial world allows concluding that the development of the political space of West Africa had regionally special features. At the same time, the country approach to the topic made it possible to identify the specific influence of the state and its institutions on the life of society, as well as to form an idea of the variety of forms and methods of political rule. The significance of the scientific analysis of the formation of national statehood rests upon the incompleteness of our ideas about the ruling groups and their role in the system of public administration in West Africa. The article shows that many politically active groups of society — professional politicians, military men, officials, technocrats, and leaders of religious organizations — joined the struggle for control over state structures. Social conflicts, coupled with ethnic, regional, confessional contradictions, shook the fragile political regimes that developed in the late 1950s and early 1960s.
12
Shuriye, Abdi O., and Mosud T. Ajala. "The Future of Statehood in East Africa." Journal of Sustainable Development 9, no. 2 (March 30, 2016): 221. http://dx.doi.org/10.5539/jsd.v9n2p221.
Повний текст джерелаАнотація:
<p>With the deterioration of political and security situations in Somalia and Kenya’s involvement in the war against al-shabaab as well as its political miscalculation and the lack of exit plan, add to this, the fading democratic conditions in Eritrea, accompanied by the political uncertainties in Ethiopia, since the demise Meles Zenawi Asres and the extermination of the opponents, as shown in last general election, as well as the one-man-show political scenario in Uganda and the likely disintegration of Tanzania into Zanzibar and Tanganyika, indicated by the ongoing elections; the political future of East African governments is predictably taking erroneous turns. It seems therefore, God forbids, there is a political catastrophe in the making as far as the state as an authoritative institution is concerned in East Africa.<br />One observes that the social fabric of these states, take Kenya, which used to be a solid in its social and political values, as an example, is drastically changing into a pattern-of-Somali-like tribal syndrome. The expiration of the government institutions, civil societies, law and order in Eritrea, the austere political future of Djibouti, the irrepressible and incurable wounds of Burundi and Rwanda are shrilling pointers of such fear.<br />Not to forget, the strained Muslim-Christian relations, which is now deeply rooted in these communities and states, the thick-headedness of most East Africa’s political leaders and the rapid increase of the youth population as well as the proxy war in business between China and the West on the region. These factors are the core indicators of the future of state and strong government in East Africa. The study covers several nations in East Africa including Burundi, Djibouti, Eritrea, Ethiopia, Kenya, Rwanda, Somalia, Tanzania, and Uganda.</p>
13
Rudakevych, Mariia, and Oleg Rudakevych. "The Ukrainian statehood development as the main factor of radical social transformations." Socio-Economic Problems and the State 25, no. 2 (2021): 305–15. http://dx.doi.org/10.33108/sepd2022.02.305.
Повний текст джерелаАнотація:
Based on the theoretical foundations of the statehood concept as a complex of political, economic, social and cultural institutions created by the people who defend their vital interests, the current theoretical, methodological and practical problems of Ukraine’s further formation as a national statehood are clarified, the implementation of which will be essential for radical transformation of economic and other spheres of public life. The main tasks of nationhood at the new stage of Ukrainian society development include: practice usage of ethnic and political theory of the nation, which dialectically combines ethnic, cultural and political self-organization of society and will contribute to the formation of a modern Ukrainian nation; overcoming the communist-Soviet ideology inertial influence, which defined the nation-state as "nationalist" and "bourgeois", and affirming in the public consciousness the idea of national statehood as an important political value and a means of social transformation on the basis of the national idea; structuring the national idea according to the main objects of its reflection (national community, national state, national development strategy), which will contribute to the specification and actualization of the Ukrainian national idea; introduction of public policy and communicative rationality principles into the process of public and state administration, which will ensure the adoption of political decisions by the authorities with the active participation of other public creativity subjects; the Ukrainian national political culture formation, which highlights national traditions and accumulates world experience of democratic governance; reliable securing of Ukrainian statehood in the globalized world and achieving peace on the eastern borders of the state; overcoming corruption as the main internal threat to the Ukrainian nation secure existence. Revealing the current tasks of the Ukrainian national statehood further development, the practical implementation ways and means are offered.
14
Bieling, Hans-Jürgen. "The Other Side of the Coin: Conceptualizing the Relationship between Business and the State in the Age of Globalisation." Business and Politics 9, no. 3 (December 2007): 1–20. http://dx.doi.org/10.2202/1469-3569.1187.
Повний текст джерелаАнотація:
The concluding article to the special issue critically reflects on arguments and analysis presented in the preceding articles. It argues that globalisation, new forms of private authority and the increased power of transnational business have not generally weakened the state, but rather advanced a business-oriented transformation of statehood. To understand this transformation the article first provides a very short overview of the state-globalisation debate. Subsequently, it deals more explicitly with the state theoretical debate. In particular, it brings together neo-Marxist and post-Weberian conceptualisations in order to address both the social nature of the state and the particular forms and processes by which it is interactively embedded in the economy and society. After an outline of the transformation of statehood and the strategic options for non-state actors, the article concludes with some critical remarks on the future of democratic politics.
15
Kizi Rakhmatova, Feruza Kudrat. "Avesto Spirituality and the Upbringing of the Perfect Man." International Journal of Multicultural and Multireligious Understanding 9, no. 2 (February 3, 2022): 293. http://dx.doi.org/10.18415/ijmmu.v9i2.3497.
Повний текст джерелаАнотація:
The continuation of the traditions of our statehood, which has great historical and spiritual roots, the process of building a state based on democratic principles, including the traditions of our ancestors in the development of young people as members of society. past values serve as an important tool. According to Zoroastrian teachings, enlightenment can lead to the smooth development of society, a peaceful and prosperous life, the spread of good ideas about healthy discipline, which serve to eradicate evil.
16
Bird, Faye. "ISIL in Iraq: A Critical Analysis of the UN Security Council’s Gendered Personification of (Non)States." Laws 11, no. 1 (January 10, 2022): 5. http://dx.doi.org/10.3390/laws11010005.
Повний текст джерелаАнотація:
Legal feminist theories have troubled dominant conceptions of statehood, revealing the threat of the ‘Other’ as integral to the hegemonic masculinity of powerful states. In this paper I provide a critical gendered discourse analysis of the UN Security Council’s response to the Islamic State of Iraq and Syria (ISIL). I consider the role of personification in constituting legal subjects as states (persons) and excavate this from the Council’s resolutions concerning Iraq. In constituting ISIL as a barbaric, hypermasculine terror group in relational opposition to the state of Iraq, the Council draws on gendered normativities ordinarily veiled by seemingly objective legal criteria as to the creation of states. Whilst the state of Iraq is constituted through the hegemonic model of statehood, one premised upon democratic, liberal Westphalian ideals, it is still subject to the paternalism of the Security Council. In this way, the state of Iraq is framed as failing to reach a particular masculine standard of statehood, and is thus subject to the continuation of ‘civilising’ discourses. Thus, instead of asking whether ISIL is or is not a state under international law, it is revealing to consider how responses to it work to maintain and (re)produce a graded, hierarchical international community of states.
17
Lyasovich, Tat'yana. "Russian statehood in 1917: a change in the paradigm of development (to the 105th anniversary of the February Revolution in Russia)." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 4 (December 20, 2021): 32–41. http://dx.doi.org/10.35750/2071-8284-2021-4-32-41.
Повний текст джерелаАнотація:
The article examines the most problematic and interesting, from the author’s point of view, events and facts that had a cardinal impact on the development of Russian statehood in the period between the February and October revolutions of 1917. The relevance of the study of these problems is primarily due to the growing interest of researchers in the events of 1917 in Russia as a turning point in national history, as well as the understanding of possible alternatives to the development of the state and legal system of the Russian state at various stages of its existence. Based on the analysis of the complex of sources, the following conclusions are made: 1) the events of the February Revolution profoundly affected the course of development of the national statehood; 2) the republican form of government in Russia in 1917 turned out to be quite a promising innovation, however, the government found complete helplessness in solving pressing issues; 3) the reforms carried out by the Provisional Government in March – October 1917, for the most part remained declarative and were never implemented; 4) the construction of bourgeois republican statehood was not completed due to the October Revolution of 1917 and the overthrow of the Provisional Government. At the same time, the very attempt to build a bourgeois-democratic statehood in the spring and autumn of 1917 had a huge moral and symbolic significance. It was a kind of precedent in the domestic state-legal practice and laid a solid foundation for the formation of democracy and parliamentarism in modern Russia.
18
DROLET, JEAN-FRANÇOIS. "Nietzsche, Kant, the democratic state, and war." Review of International Studies 39, no. 1 (July 12, 2012): 25–47. http://dx.doi.org/10.1017/s0260210512000204.
Повний текст джерелаАнотація:
AbstractThis article offers a reconstruction of Nietzsche's critique of Kant's scheme for perpetual peace distilled from his life-long confrontation with Kant's critical philosophy. Through this reading strategy, it sheds light on Nietzsche's controversial and yet surprisingly under-researched reflections on the problem of conflict and war in human affairs. Although Nietzsche embraced many of the basic premises of Kant's critical philosophical project, he considered the ethico-political conclusions Kant drew from these to be both irrational and nihilistic. From Nietzsche's perspective, Kant's thoughts on politics and International Relations rest on a fundamental misunderstanding of the phenomena of agency, statehood, and war that elides both the tragic relationship between politics and culture, and the violence which Nietzsche believes to be latent in all attempts at reconciling individual with collective autonomy. According to Nietzsche, Kant's influential association between liberal republicanism, freedom, and peace contributed unwittingly in ushering in the cult of the nation-state, which Nietzsche warned would engulf Europe into a wholly new kind of organised violence in the coming decades. Although clearly not without their uncritical assumptions and hubristic tendencies, Nietzsche's reflections on war and peace draw attention to some of the more insidious risks and difficulties attending liberal attempts at accommodating cosmopolitan values and principles within the framework of the modern nation state.
19
Sabadash, Natalia, and Anatoliy Kruglashov. "Decentralisation Processes in Ukraine: Dilemmas of Democratisation and National Security." Public Policy and Administration 21, no. 1 (March 29, 2022): 22–37. http://dx.doi.org/10.5755/j01.ppaa.21.1.28441.
Повний текст джерелаАнотація:
Ukraine has been facing unprecedented challenges since 2014. A Revolution of dignity makes Ukraine turn closer to the EU and NATO, while ongoing and expanded Russian aggression threatens the very existence of Ukrainian statehood. One of the key directions of making Ukraine resilient to threats and challenges is the decentralisation process. It aims at making the government and public administration in Ukraine more democratic, transparent and efficient, open to public concerns and the needs and expectations of local communities. The article proposes analytical approaches towards the decentralisation process taking into account the imperative of democratisation and security challenges that Ukraine has been dealing with. The authors consider both dimensions of the national regional policy and self-government reforms, proposing a balanced vision on their advantages and disadvantages, as well as pointing out key problems that should be attended by the government. The process of decentralisation means a lot for Ukraine to make its statehood stronger and more secure vis-a-vis threats the country is facing now.
20
Calliess, Gralf-Peter, Jörg Freiling, and Moritz Renner. "Law, the State, and Private Ordering: Evolutionary Explanations of Institutional Change." German Law Journal 9, no. 4 (April 1, 2008): 397–410. http://dx.doi.org/10.1017/s2071832200006507.
Повний текст джерелаАнотація:
The societal mega-trends of the past four decades, such as a globalizing economy and an aging society, have challenged the understanding of the state in OECD countries. The resulting “transformations of the state” are the subject of an interdisciplinary research agenda established at the Collaborative Research Center (CRC) 597 in Bremen, Germany. A total of twenty projects from political science, law, and economics explore changes of statehood which take place in two different dimensions: first, the internationalization and, second, the privatization of activities and functions which were traditionally performed by and ascribed to the democratic, constitutional and interventionist state. While the first research phase (2003-2006) aimed at founding empirical descriptions of these internationalization and privatization processes, the current phase (2007-2010) is dedicated to explaining the observed changes in statehood. Within this general framework, the authors’ research project on “New Forms of Legal Certainty in Globalized Exchange Processes” deals with changes in the institutional organization of commerce.
21
Hobe, Stephan. "The Long and Difficult Road Towards Integration. The Legal Debate on the Maastricht Treaty in Germany and the Judgment of the Constitutional Court of October 12, 1993." Leiden Journal of International Law 7, no. 1 (1994): 23–42. http://dx.doi.org/10.1017/s0922156500002806.
Повний текст джерелаАнотація:
At the end of 1992 the law ratifying the Maastricht Treaty was passed by the German Bundestag without much discussion. Yet a heated legal debate developed later when a number of individuals filed claims with the German Constitutional Court seeking to prevent the deposit of the instrument of ratification. They claimed a violation of their basic rights owing to the envisaged transfer of sovereign competence from the German State to the European Union, with the purported result of loss of democratic control. In its judgment of October 12, 1993, however, the German Constitutional Court gave its approval to ratification of the Maastricht Treaty. This article analyses and examines the arguments put forward in the claims, that raised questions of statehood and led to consideration of the scope and limits of European integration. The author concludes with a favourable appraisal of the judgment, although he comments that it leaves unanswered the question of how the concepts of European integration and ‘preservation of statehood’ are to be reconciled.
22
Ijabs, Ivars. "The Nation of the Socialist Intelligentsia: The National Issue in the Political Thought of Early Latvian Socialism." East Central Europe 39, no. 2-3 (2012): 181–203. http://dx.doi.org/10.1163/18763308-03903002.
Повний текст джерелаАнотація:
This article deals with the political debates of early Latvian socialists concerning the national question in the late nineteenth and early twentieth century. These debates were crucial for the later development of Latvian politics. The idea of Latvian democratic statehood was first pronounced and advocated in this context. The debate also strongly influenced those Latvian socialists, who as the ‘vanguard of Bolshevism,’ later became devout followers of Lenin. An interaction of several intellectual traditions can be observed in these debates, both German and Russian. The internationalist orientation of the later Bolsheviks (Fricis Roziņš, Pēteris Stučka) is mainly due to the influence of the German Marxism of the Second International. The democratic nationalist orientation (Miķelis Valters), to the contrary, is indebted to the influence of Russian narodniks, particularly Mikhail Bakunin.
23
Urazbaev, E. Е., and E. N. Yamalova. "The ethnopolitical movement as a vehicle for nationalism institutionalisation in modern Latvia." Baltic Region 12, no. 2 (2020): 54–69. http://dx.doi.org/10.5922/2079-8555-2020-2-4.
Повний текст джерелаАнотація:
This article investigates the Popular Front of Latvia, a public ethnopolitical movement that substantially contributed to the independence of the modern Republic of Latvia. The study aims to identify how much the movement influenced the development of ethnic nationalism, which has become essential to statehood and the identification of politics. It continues to reinforce group inequality in this multiethnic country. The article describes the background and main landmarks of the movement. Content analysis of manifestos has been carried out to trace changes in the Popular Front’s ideological vision. It is shown that the shift in priorities that took place during the 1988—1991 struggle for Latvia’s political and economic independence led to a non-democratic political regime. Particular attention is paid to the movement’s proposals concerning the principles of statehood restoration and citizenship acquisition as well as to approaches to solving ethnic problems. The focus is on why and under what circumstances the Popular Front dissolved itself and the supra-ethnic opposition, its main rivals, left the political scene. It is argued that the Popular Front of Latvia created conditions both for the titular nation taking precedence over other ethnic groups and for the exclusion of one-third of the country’s resident population from political life. It is concluded that, as the movement transformed and gradually abandoned its democratic principles, it became the main vehicle for the institutionalisation of ethnic nationalism in Latvia.
24
Benje, Ana. "Obesity Epidemics, the State, the Individual, and the Private in Public-Private Partnerships." European Journal of Risk Regulation 6, no. 2 (June 2015): 296–304. http://dx.doi.org/10.1017/s1867299x0000461x.
Повний текст джерелаАнотація:
The report aims to illustrate how weakening of the statehood is reflected in the way EU and its member-states manage obesity epidemics. Private interests and behavioural turn in policy mechanisms call for more state involvement and rigorous democratic deliberation not only of nudges coming from the state, but those coming from the industry as well. The potential of nudging does not lie in the behavioural interventions it is capable of producing, but rather in the discourse it kick-started, as behavioural law and economics are paving their way into policy-making.
25
Betge, David. "Land Governance in Post-Conflict Settings: Interrogating Decision-Making by International Actors." Land 8, no. 2 (February 7, 2019): 31. http://dx.doi.org/10.3390/land8020031.
Повний текст джерелаАнотація:
Humanitarian and development organizations working in conflict-affected settings have a particular responsibility to do no harm and contribute to the wellbeing of the population without bias. The highly complex, politicized realities of work in conflict- and post-conflict settings often require quick, pragmatic and results-oriented decisions, the foundations of which remain frequently implicit. Such decisions might follow an intrinsic logic or situational pragmatism rather than intensive deliberation. This paper reflects on the realities of working on land governance in post-conflict settings shaped by migration, ethnic division, power struggles and limited statehood. Using case examples from the Democratic Republic of Congo (DRC) and Burundi, this paper reflects on the drivers of decisions around land governance in such contexts in a structured, theoretically informed way. Drawing on the author’s own experience with supporting land rights work and utilizing Giddens’ concept of the Duality of Structure, this article provides an analysis of actors and structures that sheds light on the factors that affect the decision-making of practitioners relating to land rights in post-conflict areas of limited statehood.
26
Otto, Justyna G. "SŁUŻBA CYWILNA W EUROPEJSKIEJ TRADYCJI PAŃSTWOWOŚCI." Studia Iuridica, no. 92 (January 22, 2023): 68–83. http://dx.doi.org/10.31338/2544-3135.si.2022-92.4.
Повний текст джерелаАнотація:
The introduction of the civil service is an implementation of the idea of the state (public) service, i.e. providing staff for the state apparatus, especially the state administration, which in professional, competent, disciplined, and loyal to carry out the tasks of the state and exercise the powers of its organs. Such staff remaining in service of the state are to guarantee the permanent, efficient, and responsible performance of its functions and administration, and thus the stable and effective operation of the entire mechanism of exercising power in the state. The public service is one of the most important institutions of a democratic rule of law. The aim of the article is to explore the position of the civil service in the European tradition of statehood. The research thesis of the article is: The European tradition of statehood proves that the precondition of the existence of a stable, durable, effective, strong, and efficient state organism is the quality of administration, and the crème de la crème of administration is the civil service.
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Satkauskas, Rytis. "A Century in the International Community: International Law and Lithuanian Statehood." Teisė 123 (July 5, 2022): 133–51. http://dx.doi.org/10.15388/teise.2022.123.9.
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One hundred years ago Lithuania became a member of the League of Nations. The membership was based on the perceived advantages of the international system and the importance of the rule of law to the region. The vision of global peace based on the prohibition of aggression and law enabled Lithuania to establish statehood. Conditions for the recognition of the new member of international community ranged from the requirement of established borders and a democratic government to guarantees regarding commitment to protect national minorities and control armaments. The research confirms that the implementation of these commitments was understood in Lithuania not only as a condition for membership but as an important direct objective. The Lithuanian political elite had no illusions as to the importance of international law in disputes with neighbouring states. A good-willed implementation of the existing rules was certainly the best defense against the political pressure of military superpowers. This research into the geopolitical situation at the end of WWI and the political discourse in the newly independent Lithuania illustrates the importance of the institutionalized system of nations in ensuring world peace and security.
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Inshakova, Agnessa. "Effective Mechanisms of Law Enforcement as a Basis of Modern Democratic Statehood of the Russian Federation." Legal Concept, no. 3 (September 2018): 6–10. http://dx.doi.org/10.15688/lc.jvolsu.2018.3.1.
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Albert, Richard. "Nonconstitutional Amendments." Canadian Journal of Law & Jurisprudence 22, no. 1 (January 2009): 5–47. http://dx.doi.org/10.1017/s0841820900004550.
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The constitutional text in a constitutional democracy does not necessarily constrain constitutional change. Quite the contrary, constitutional change in a constitutional democracy often occurs in ways that depart from the rigid procedures governing constitutional amendment enshrined in the text of the constitutional.In this article, I illuminate this peculiar phenomenon in comparative perspective, drawing from the constitutional traditions of Canada, Germany, India, South Africa and the United States. In addition to illuminating distinctions in the amendment practices of liberal democratic constitutional states, I deploy those contrasts as a springboard to substantive insights about fundamental principles of statehood, namely sovereignty and legitimacy.
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Kasekamp, Andres. "Survival against the Odds: The Baltic States at 100." Slavic Review 78, no. 3 (2019): 640–47. http://dx.doi.org/10.1017/slr.2019.225.
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This essay examines how Estonia, Latvia and Lithuania have managed to secure their independence and analyzes how they have dealt with the internal and external challenges to their state-building efforts. It compares the first period of statehood between the two world wars with the current period of independence beginning with the collapse of the Soviet Union. Among the critical external tasks they have faced were deterring former imperial powers, fostering regional cooperation and gaining a voice in international organizations. Internally, consolidating democratic systems and integration of ethnic minorities have been the two most significant challenges.
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Hanushchak, Yuriy. "The role of Ukrainian "traditional" Churches in the transformational processes of transition from the totalitarian to the democratic system of Ukraine (1989 – 2005)." Scientific Herald of Uzhhorod University. Series: History, no. 2 (45) (December 25, 2021): 61–69. http://dx.doi.org/10.24144/2523-4498.2(45).2021.246689.
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The article analyzes the participation of the Churches of the Kyiv tradition (these include the UGCC, UOC-MP, UOC-KP, UAOC) in the processes of transition of Ukrainian society from a totalitarian to a democratic system. During this period, the collapse of the Soviet Union, Ukraine's independence and a large-scale democratic Orange Revolution took place. Undoubtedly, just as the Ukrainian Churches joined these events, so did the socio-political vicissitudes themselves influence the formation of the identity and positioning of many Christian denominations. The author considers the role of the UGCC and UAOC in the processes of national uplift and establishment of Ukrainian statehood in the late 80's of the XX century. Given that, the religious factor played an important role in the collapse of the totalitarian state and the establishment of Ukrainian statehood. At the beginning of independence, sovereign Ukraine faced the path of geopolitical choice, and eventually the scales prevailed in the direction of European integration, which gradually began to play an important role in shaping the country's foreign policy. The author finds out the cultural and religious reasons for the geopolitical choice of the majority of Ukrainians. One of the conclusions in the article is the fact that the Ukrainian Churches undoubtedly fall into the field of geopolitical confrontation, some of them choose the path of supporting the European integration process; others, on the contrary, argue in favor of the pro-Russian vector. This civilizational confrontation in society led to the Orange Revolution. As the Churches integrate into public life, one can observe their involvement in the events on Maidan in 2004. The events of the Orange Revolution contributed to the revival of democratic processes in Ukraine. And the experience gained by churches in participating in socio-political vicissitudes has helped to improve communication between churches, rethink their relationship with the state and form new relationships with society.
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Gábriš, Tomáš. "The Legacy of Socialist Constitutionalism in Slovakia: The Right of the Slovak Nation to Self-Determination." Russian Law Journal 9, no. 2 (June 4, 2021): 70–91. http://dx.doi.org/10.17589/2309-8678-2021-9-2-70-91.
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Albeit in 1918 the Slovak nation voluntarily became a “branch” of the single Czechoslovak nation and of the unitary Czechoslovak state, the connection with the Czechs was rather perceived as a strategic move until the Slovak nation develops its capacity for the execution of its own right to self-determination. In the context of Czechoslovakia being under pressure of Hitler’s Germany in 1938, Slovak autonomists managed to exploit the situation and Slovakia was granted autonomy within Czechoslovakia. Soon thereafter, in March 1939, an “independent” Slovak State was created, in fact being under direct control of Nazi Germany. The authoritarian political regime of the War-Time Slovakia was soon rejected by Slovaks themselves and the Slovak nation was rather willing to sacrifice its independence in order to return to the democratic regime of Czechoslovakia in 1945. Still, there were attempts to change the position of Slovaks and Slovakia within Czechoslovakia, which eventually materialized in the form of the federalization of the Czechoslovak Socialist Republic in 1968/69, giving Slovaks for the first time (apart from the Hitler-sponsored statehood in 1939–1945) their formal republican statehood, albeit only within a system of limited socialist federalism. Still, this allowed for a relatively simple change of this formal statehood into an internationally recognized independent Slovak Republic in 1993. The socialist constitutional recognition of self-determination of the Slovak nation in the form of a Socialist Republic thus paved the way to the currently existing Slovakia, hence making it the most important legacy of the (Czecho-)Slovak socialist history.
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Voitovich, V. Yu. "ON SOME THEORETICAL AND LEGAL FOUNDATIONS OF THE PROBLEMS OF MODERN RUSSIAN STATEHOOD." Bulletin of Udmurt University. Series Economics and Law 30, no. 5 (November 12, 2020): 714–19. http://dx.doi.org/10.35634/2412-9593-2020-30-5-714-719.
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The article examines the main provisions related to the implementation of the goals of the Russian state, enshrined in the Constitution of the Russian Federation. They received their legislative form in the Political program of the state, principles, forms, goals, tasks and functions of its implementation. The proclamation in the Constitution of the Russian Federation of building a democratic legal state as the highest goal has theoretical, methodological, practical-political and ideological significance. It is noted that democracy is reflected, above all, in the actual implementation of citizens' political, social and economic rights and freedoms, their active participation in public and political life, in the management of the society not only through state agencies but through a system of local government, public associations. Today we can speak with certainty about the emergence of such a function as social. It is expressed in the main program and political goal: to increase the material and cultural standard of living of Russian workers.
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Kirchanov, Maksim V. "Democratic Republic of Georgia as an Object of the Historical Politics of Memory in Georgia (2018–2020)." Izvestia of the Ural federal university. Series 2. Humanities and Arts 24, no. 2 (2022): 209–22. http://dx.doi.org/10.15826/izv2.2022.24.2.035.
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This article presents an attempt to analyse historical politics as politics of memory in modern Georgia in the context of perception of the images and heritage of the Democratic Republic of Georgia (DRG). The aim of the study is to analyse the images of the Democratic Republic of Georgia between 2018 and 2020 as part of the history and genealogy of the modern project of Georgian statehood in historical politics. The article is based on the methods used in studies of the politics of memory (historical politics) in modern interdisciplinary historiography. The article describes the features of the instrumentalisation of DRG images in the historical and political cultures of Georgia. The article examines the forms of participation of modern elites in the politics of memory in contexts of jubilee celebrations, memorial, and commemorative events that inspired the actualisation of the DRG images in the cultural and public spaces of Georgia. It is revealed that modern elites and heirs of DRG politicians became actors of historical politics and actual “battles for history”. As a result, the author concludes that images of the DRG became a symbolic resource for the consolidation of society and the development of the political identity of Georgian statehood. It is assumed that images of the DRG are integrated into the symbolic tools that political elites used in their attempts to correct identity and historical memory in modern Georgia. It is demonstrated that by initiating memorial celebrations dedicated to the 100th anniversary of the DRG in 2018, Georgian elites launched a series of commemorative events planned until 2024 solving political problems, localising, and interpreting historical traumas in the politics of memory proposed by the state as the main former of the official historical canon.
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Vukadinović, Igor. "POLITIČKO NASILjE I UKIDANjE USTAVNIH PRAVA REPUBLIKE SRPSKE: ODUZIMANjE TERITORIJE, VOJSKE I PRAVOSUĐA, 1996–2006." Leskovački zbornik LXII (2022): 363–80. http://dx.doi.org/10.46793/lz-lxii.363v.
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The study examines the techniques of political violence used by the Bosniak political elite and Western countries led by the United States, Germany, and the United Kingdom in order to disempower the Republika Srpska and, in the long run, abolish it. The land, army, and judicial system were targeted as crucial parts of the Republika Srpska’s statehood, as confirmed in the 1995 Dayton Peace Agreement. All seizures of Srpska’s competencies were carried out in violation of the peace agreement and the Constitution of Bosnia and Herzegovina, as well as basic international law norms and egregious abuses of democratic procedures. Western countries have treated Bosnia and Herzegovina as a lawless zone, subordinating its democratically elected bodies and institutions to their own will, embodied in the form of “High Representative” or “Supervisor” in the Brcko Municipality. The state of lawlessness and the principle of the “right of the stronger,” according to which the High Representative had the authority to pass and repeal laws, remove democratically elected officials, and prohibit different people from engaging in politics, provided a framework within which elements of the Republika Srpska’s statehood could be abolished against its citizens’ will
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Jundo-Kaliszewska, Barbara, and Agata Włodarska-Frykowska. "National and ethnic minorities and the image of the state in international public relations: a comparative study of Lithuania and Estonia." Rocznik Instytutu Europy Środkowo-Wschodniej 19, no. 3 (December 2021): 177–203. http://dx.doi.org/10.36874/riesw.2021.3.8.
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The article analyses the current situation in Estonia and Lithuania in the context of the position of both states and their public relations strategy and image since 1991, as well as the role of national minorities in this process. The authors emphasize that even though Estonia and Lithuania tend to be treated as very similar state organisms, they chose different ways of building their legal and democratic structures. Despite many similarities between the two states, such as location, size, small population, common historical background and, above all, ethnic divisions, one should pay attention to successful attempts to strengthen the statehood of Estonia and Lithuania.
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Morrison, Kenneth. "Change, Continuity and Crisis. Montenegro’s Political Trajectory (1988-2016)." Südosteuropa 66, no. 2 (July 26, 2018): 153–81. http://dx.doi.org/10.1515/soeu-2018-0014.
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Abstract Montenegro has passed through more than two decades of flux to reach its current status as a NATO member and European Union (EU) candidate. The smallest republic of the Socialist Federal Republic of Yugoslavia, Montenegro’s modern history has been characterised by both significant change (in statehood) and relative continuity (in leadership). The author focuses on the period between the republic’s first multiparty elections in 1990, through the 1997 split within the ruling Democratic Party of Socialists (DPS) and the May 2006 independence referendum to the parliamentary elections of 2016 and the country’s ongoing political crisis, assessing the most significant political developments throughout the aforementioned period.
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Akhatjonov, Sunatilla S. "SOME PROBLEMS AND THEIR SOLUTIONS REGARDING THE IMPLEMENTATION OF THE CONTROL FUNCTION OF LOCAL COUNCILS OF PEOPLE’S DEPUTIES." International Journal Of History And Political Sciences 03, no. 01 (January 1, 2023): 12–17. http://dx.doi.org/10.37547/ijhps/volume03issue01-03.
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Within a historically short period of time after gaining independence, Uzbekistan introduced its state administration, based on the traditions of national statehood, developed in all respects on the basis of the development of democratic states. In this regard, the state management institutions that should be established, the principles of the separation of powers and the final result that we should achieve in the end were explained in a number of works and pamphlets of our first president, I.A. Karimov[1]. First of all, the legal basis for all reforms in the field of public administration and separation of powers in Uzbekistan was created [2].
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Yurii, Shemshuchenko, and Skrypniuk Oleksandr. "Declaration of State Sovereignty of Ukraine: Historical Significance and Challenges for the Present (to the 30th Anniversary of the Declaration)." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 3–14. http://dx.doi.org/10.33663/0869-2491-2020-31-3-14.
Повний текст джерелаАнотація:
Introduction. 30 years after the adoption of the Declaration on State Sovereignty of Ukraine, its relevance and socio-political interest have not diminished. The potential of its importance and the impact on state-building processes in Ukraine are not fully understood and used to build a modern, modern independent state in Ukraine. All this encourages scientists to re-analyze one of the main acts of our country. Of particular importance for the further progress and development of Ukraine is the analysis of the ascending legal principles that laid the foundations for the revival of national sovereign statehood in Ukraine. The purpose of the study is to understand the basic principles of the Declaration on State Sovereignty of Ukraine, their importance for the development of modern state-making process, its deepening, which will contribute to building a European democratic, legal, social state in Ukraine, solving problems of securing state sovereignty of Ukraine in modern conditions violating its territoriality . The aim of the article. The article raises the problem of conceptual essence of the main provisions of the Declaration on State Sovereignty of Ukraine, the problems of their realization in the legal, political, economic spheres, national security and protection of statehood, implementation of foreign policy and European orientation of Ukraine, and their influence on the development of the state-making process and the sovereignty of Ukraine. Results. The factors of acceptance of the Declaration on the Proclamation of Ukraine's Sovereignty, the doctrinal principles of state sovereignty and their implementation in the state-making practice of Ukraine in the main spheres of state and public life before the proclamation of independence on August 24, 1991 are revealed in the article. The generator of ideas of sovereignty and the driving force behind the adoption of the Declaration were national-democratic forces. The declaration was adopted by more than a constitutional majority, which confirmed the nationwide support for the ideas of Ukraine's sovereignty. Conclusions. The Declaration became a fundamental act, which had the meaning of a constitutional act. It was a revolutionary document that declared a radical change in worldviews and values for society and defined the ways of its development and strategic directions of building a sovereign state in Ukraine. The Declaration laid the legal foundations of statehood: the rule of the Constitution and laws of Ukraine, its right to its own Armed Forces, security bodies, inviolability of its territory, right to its own citizenship, right to free national and spiritual development of the nation, independently determine the economic status and pursue foreign policy, etc. It marked the birth of modern constitutionalism in Ukraine and became the basis for the development and adoption of a new democratic Constitution. It was a strategic document that embodied the conceptual foundations of state-building, the construction of civil society and their purpose.
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Zaynutdinov, Dinar R. "Delegated Law Making as a Basis of the Legal System of Social Democratic Anti-Bolshevist Statehood (1918)." History of state and law 10 (October 3, 2019): 53–59. http://dx.doi.org/10.18572/1812-3805-2019-10-53-59.
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Lombaard, Christo. "LAW AND FAITH IN ANCIENT ISRAEL AND IN MODERN DEMOCRATIC STATEHOOD AS SEARCH FOR SOCIO-POLITICAL WELLBEING." Scriptura 120, no. 1 (2021): 1–19. http://dx.doi.org/10.7833/120-1-1992.
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In this contribution, the argument pits two cultural reflexes against one another. In modern democracies, religion is removed from the socio-political sphere; in ancient Israel, religion was inserted into the socio-political sphere. In both cases, the intention was the same: the socio-political wellbeing of the citizenry. Such a cultural comparison puts to question the false assumption in modern democracies, that a public sphere emptied of religion constitutes greater freedom.
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Hwang, Shu-Perng. "Foreign Law, Democracy, and Constitutional Interpretation: A German-American Comparison." German Law Journal 20, no. 8 (December 2019): 1119–39. http://dx.doi.org/10.1017/glj.2019.80.
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AbstractDemocracy is usually relied upon as an important argument against the excessive influence of international and foreign law on the domestic legal order, and especially on domestic constitutional law. Both in Germany and the United States, skeptics and opponents of the Europeanization or internationalization of domestic constitutional law repeatedly raise democratic concerns. From a comparative perspective, this Article examines the German and American democratic arguments against an overreliance on international and foreign law in constitutional interpretations. In exploring the democratic concerns expressed in German and American discussions, this Article focuses especially on the contrast between German dualism on the one hand and American exceptionalism on the other hand. This Article shows that, while the German dualists and the American exceptionalists base their arguments on different understandings of democracy, they share the viewpoint that democracy can only be realized on the national level, whereas international law aims at uniformity und thus inevitably runs counter to democratic self-governance and self-determination of the states. Precisely in this sense, it can be said that there is no qualitative, but rather only a quantitative distinction between German and American democratic arguments. Thus conceived, the alleged contrast between the principle of open statehood emphasized by German constitutional law scholars and the Constitutional Court and the idea of American exceptionalism embraced by a number of critics of the use of foreign law lies only in the extent to which the reference to international or foreign law in interpreting the domestic Constitution is deemed legitimate and justifiable.
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Kerimov, Alexander, and Tatyana Verbitskaya. "Features of Political Pluralism in Ukraine: Formation of a New Party System Model." Bulletin of Kemerovo State University. Series: Political, Sociological and Economic sciences 2019, no. 3 (December 16, 2019): 289–99. http://dx.doi.org/10.21603/2500-3372-2019-4-3-289-299.
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The paper features the specifics of Ukrainian party system that formed after the collapse of the USSR. The research objective was to determine the vector of its development. The party system is considered as a political institute with the potential to stabilize the political system in the context of the evolution of Ukrainian statehood. The authors determined factors that influenced the formation of the Ukrainian party system: the transformation of the electoral system, the tightening of legislation on parties, and the change in the balance of power in the political arena. The research helped to identify the following signs of the Ukrainian party system: relative autonomy, closed character, stability, three-level structure (the state level, the regional level, and the local level). The comparative-historical method was used to highlight the stages of the evolution of the Ukrainian party system and its specifics. The functional method was used to determine the role of the party system in political processes. According to N. Luman’s structural-functional method, the main features of the Ukrainian party system can be described as a set of elements with the ability to maintain stability in the context of events that are taking place in the Ukraine political arena. The case-study method was used to study the features of the party system that formed in the context of the evolution of Ukrainian statehood, including such events as political crises and color revolution. The authors came to the conclusion that the Ukrainian party system has fully developed, but there are no prerequisites for its development within the framework of democratic pluralism. The study determined the prospects for democratic transit of the Ukrainian party system and its formation on the basis of political pluralism.
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Kazantseva, O. L., and E. V. Kuzina. "Local self-government in the structure of Russian statehood: problems and perspectives." Law Enforcement Review 6, no. 3 (September 18, 2022): 161–71. http://dx.doi.org/10.52468/2542-1514.2022.6(3).161-171.
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Essay. The subject of this research is to provide an elaborate analysis of current municipal reform in the RF and assess its impact on the self-government place, the role and development trends within the system of the Russian statehood. This paper aims either prove or disprove a hypothesis about the impact of adopted legal regulations on local self-government in the RF in view of the amendments to the RF Constitution, and make a contribution to scientific understanding of this issue.Methodology. The research methodology is built by combining such methods of scientific knowledge as analysis (to study normative legal acts on the research topic), synthesis (to analyse theoretical sources and make generalizations), comparative legal method (to study and compare legal norms), logical method (to identify the peculiarities of the research object), system-structural approach (to define the role of local self-government in the Russian statehood), the method of legal hermeneutics (to provide an interpretation of legal documents) and the synergistic method which allowed to analyse the system of local government in cooperation with state authorities.Results. Local self-government shall be recognized as the basis of a democratic regime and present-day Russian statehood. The adoption of the 1993 Constitution resulted in numerous normative acts which regulate the system of local self-government, including The Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of Local Self-Government Organization in the Russian Federation”. However, regular changes to this law regarding local self-government have raised a number of concerns about uncertainty and contradictions in the legal system. Thus, along with positive effects of ongoing reforms, there are some negative trends including current tightening of local self-government officials’ liability in Russia as well as the increasing gap between the population and local self-government, uncertainty of legal solutions and enforcement practice. Members of the expert community, municipalities and practitioners have high hopes for the new legal framework in the field of local self-government, which is being developed following the amendments to the Constitution of the Russian Federation in 2020. As a result, strengthening and expansion of local self-government powers are expected, which will increase citizens’ involvement in resolving issues of local importance. However, draft law No. 40361-8 on local self-government submitted to the State Duma on December 16, 2021, provides for the liquidation of the settlement level and the reduction in the number of lower-level local self-government bodies. As a result, the gap between the population and local self-government bodies has highly increased. In addition, the draft law strengthened responsibility of the heads of municipalities to the highest officials of the constituent entities of the Russian Federation, which implies more dependence of lower-level authorities on the state.Conclusion. Legislation is rapidly adjusting to the existing realities rather than establishing a legal basis for local self-government development. In order to restore the essence of local self-government, deformed as a result of systematic changes in the legal basis of local self-government, it is necessary to improve the submitted bill, strengthening local self-government as a factor in the sustainable development of a democratic Russian state.
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Fernández-Molina, Irene, and Raquel Ojeda-García. "Western Sahara as a Hybrid of a Parastate and a State-in-Exile: (Extra)territoriality and the Small Print of Sovereignty in a Context of Frozen Conflict." Nationalities Papers 48, no. 1 (December 16, 2019): 83–99. http://dx.doi.org/10.1017/nps.2019.34.
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AbstractThis article argues that the “declarative” parastate of the Sahrawi Arab Democratic Republic (SADR) claiming sovereignty over Western Sahara is better understood as a hybrid between a parastate and a state-in-exile. It relies more on external, “international legal sovereignty,” than on internal, “Westphalian” and “domestic” sovereignty. While its Algerian operational base in the Tindouf refugee camps makes it work as a primarily extraterritorial state-in-exile de facto, the SADR maintains control over one quarter of Western Sahara’s territory proper allowing it to at least partially meet the requirements for declarative statehood de jure. Many case-specific nuances surround the internal sovereignty of the SADR in relation to criteria for statehood: territory, population, and government. However, examining this case in a comparative light reveals similarities with other (secessionist) parastates. The SADR exists within the context of a frozen conflict, where the stalemate has been reinforced by an ineffective internationally brokered peace settlement and the indefinite presence of international peacekeeping forces. Global powers have played a major role in prolonging the conflict’s status quo while the specific resilience of the SADR as a parastate has been ensured by support from Algeria as an external sponsor. The path to sovereignty appears to be blocked in every possible way.
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Gaztañaga, Julieta. "Sovereignty, Prefigurative Politics, and Basques’ Joy to Decide." Social Analysis 65, no. 3 (September 1, 2021): 22–43. http://dx.doi.org/10.3167/sa.2021.650302.
Повний текст джерелаАнотація:
The literature about Basque politics and the anthropology of sovereignty often define the political within the boundaries of violence, desire, and statehood: a sort of pessimism pervades the general assumptions and the end results. In this article, I shift the focus to a different aspect of the problem of sovereignty, drawing on ethnographic research about a Basque social movement that asserts self-determination in terms of a democratic and pacifist ‘Right to Decide’. Exploring the movement’s organization, daily activities, performances, sociality, and discourses, I argue that they prefigure political pleasure in a way that encourages the performance of sovereignty as a positive force. I show how the movement creates an environment in which producing sovereignty becomes a joyful experience.
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Zejmis, Jakub. "Belarus in the 1920s: Ambiguities of National Formation." Nationalities Papers 25, no. 02 (June 1997): 243–54. http://dx.doi.org/10.1080/00905999708408501.
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In 1920 the Belarusian Soviet Socialist Republic emerged upon the ruins of German and Polish occupation. It replaced the short-lived Belarusian Democratic Republic as the embodiment of national statehood. The ensuing decade came to be an important but ambiguous period in Belarusian history. New state institutions such as the Commissariat of Public Enlightenment, the Institute of Belarusian Culture, and the Belarusian State University carried out unprecedented “nation-building” policies designed to reverse the effects of tsarist Russification and foster the development of Belarusian national culture. Parodoxically, many of the same institutions also implemented various aspects of “Sovietization.” A myriad of measures under the label “socialist construction” served to integrate ever more closely Belarus into the Soviet Union.
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Sartayeva, R. "To the Problems of Modernization of State Construction in Modern Kazakhstan." Adam alemi 92, no. 2 (June 15, 2022): 58–70. http://dx.doi.org/10.48010/2022.2/1999-5849.06.
Повний текст джерелаАнотація:
The relevance of this study lies in the fact that in the conditions of actualization and the need to modernize the problems of almost all spheres of socio-cultural development phenomena, the countries of the catch-up type, to which the Republic of Kazakhstan belongs, in which all types of initiatives come from the power elites, need to define the type of their statehood. As today in Kazakhstan we have the formation of factors of another phase of socio-cultural development. In accordance with this conclusion it is necessary to define the type of statehood at this stage of socio-cultural development, for which we should provide a legal basis for the modernization processes - the Basic Law of the country. For this purpose, at the suggestion of the President of the Republic of Kazakhstan K.-J.K. Tokayev a working commission on making amendments to the current Constitution of the Republic of Kazakhstan was created. Based on the presence of factors of another phase of sociocultural development, it is necessary to transfer from the super-presidential republic to the presidential-parliamentary republic with some predominance in favor of the supreme executive power to avoid centrifugal tendencies, tendencies of de-sovereignization of state formations, which take place in the modern geopolitical space. Constitutional changes should primarily concern three main blocks: the principle of separation of powers; the system of checks and balances; elections. The purpose and novelty of this study is to substantiate the need to change the type of statehood (form of government and governance) in the conditions of ineffective operation of such democratic principles as: the principle of feedback, the principle of separation of the three main branches of power, the principle of selectivity and accountability.
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Sahakyan, Naira. "Searching for Democracy, Finding Nationalism." Caucasus Survey 10, no. 1 (March 22, 2022): 76–99. http://dx.doi.org/10.30965/23761202-20220008.
Повний текст джерелаАнотація:
Abstract In May 2018 a democratic breakthrough occurred in Armenia known as the Velvet Revolution. The leader of the protests was Nikol Pashinyan, who after the resignation of Serzh Sargsyan became the prime minister of Armenia. Pashinyan’s coming to power coincidentally overlapped with the celebrations of the centennial of the First Republic of Armenia, which, particularly in the post-Soviet era, is largely considered to be the point marking the revival of Armenian statehood. Based on the congratulatory remarks and speeches by Pashinyan, this article argues that the leader of the Velvet Revolution used a language that united the principles of the First Republic with the ‘Velvet’ ideas. By drawing links between 1918 and 2018, Pashinyan claimed that the post-Velvet Armenia was regenerating the democratic values inherent to the pre-Soviet spirit of the Armenian people. This was a convenient strategy for Pashinyan for avoiding the image of the Revolution as an anti-Russian step supported by the West. Thus, during the celebrations of the First Republic, Pashinyan linked the idea of democracy to the First Republic of Armenia and represented the Velvet Revolution as a revival of the values that were suppressed during the Soviet era and the first decades of post-Soviet Armenia. However, by giving a narrow focus to the discourse of democracy which dominated the whole Caucasus region after the collapse of the Russian Empire, by representing Armenians as an elemental source of democracy and by linking their democratic breakthroughs with the notion of survival, Pashinyan elaborated a nationalist narrative rather than a democratic one.
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Skalník, Peter. "Chiefdom." Focaal 2004, no. 43 (June 1, 2004): 77–98. http://dx.doi.org/10.3167/092012904782311434.
Повний текст джерелаАнотація:
This article addresses the question of the universality of chiefdom as a political form that displays surprising longevity as a viable alternative to the state. Data from research on Africa show that chiefdom is a suitable generic term for the political centralization, which comprises 'kingdoms'. A New Indirect Rule, based on a balance between the chiefdom-like structures and the post-colonial state, could be a truly democratic solution for the protracted crisis of modern statehood in areas where it was imposed on consesual communities. The chiefdom model should also be tested on data about face-to-face non-state politics in contemporary societies. The purpose of the article is to call for a new generation of research on politics liberated from the teleology of the state.