International Politics Journal Archive


International Politics Vol. 64 No. 1152/2013

In focus

INTERNATIONAL TREATIES AND (POSSIBLE) WEAKNESSES OF THE RATIFICATION PROCESS
Dragoljub Todić
International Politics, 2013 64(1152):5-19
Abstract ▼
The paper points out the provisions of the Constitution of the Republic of Serbia (RS) which define the basic elements of importance for the understanding of the place that international agreements have in the legal system of the RS. Furthermore, it discusses the existing regulations governing the RS process of ratification of international treaties. Firstly, it provides the general normative framework analysing the weaknesses of the current system of preparation and adoption of legislation (until the adoption of the law at the Government session). Two criteria are taken for the analysis: the ability of public participation in this process and the availability of information and documents as a prerequisite for public participation. According to the author, the weak points in the existing procedures have been stressed. These are the absence of clear rules concerning the guarantees of public participation in the preparation and adoption of regulations (including the ratification of international treaties) and the lack of guarantees of the transparency of the procedure, the absence of the regulatory impact assessment and realistic assessment of the possibilities and interests of the RS. The main thesis, which is discussed in the paper, is that the current regulatory framework governing the process of ratification of international treaties does not allow for adequate public participation and observation of the effects of the international agreements that are ratified.
THE BRUSSELS AGREEMENT
Dragan Petrović
International Politics, 2013 64(1152):20-35
Abstract ▼
The paper analyses the results of the negotiations between Belgrade and Priština that have been mediated by the EU in recent years pointing to the agreement which was signed in Brussels in April 2013. Bearing in mind the fact that in the 2006-2007 period the Ahtisaari Plan was rejected by Serbia with the help of Russia above all, one can wonder why this agreement has been accepted at this moment since it is not substantially different from the Ahtisaari Plan. This is even more unusual since it has just been in the period since 2007 that some very serious changes in the balance of power have occurred to disadvantage of the promoters of Kosovo’s independence. The USA, as the main promoter of Kosovo’s independence, is still the leading world power but within an increasingly multipolar world order where also exist in parallel some other world powers such as BRIC countries which do not support Kosovo’s independence. The official Belgrade or actually the current and previous Serbia’s government, has made such a big national concession mostly as the result of the ideology of EU integration under very uncertain and aggravated conditions the Union and „Serbia’s EU path“ are facing. For this reason, the author is of the opinion that such a risky undertaking, which is at the same opposite to the current Constitution of Serbia, for which it has not received mandate from the people, should be verified by citizens who would express their will in a democratic way. Citizens should be adequately informed with all the circumstances related to the Brussels Agreement and they should express their will referendum that would be organised in accordance with democratic norms.
ECONOMIC RELATIONS BETWEEN CHINA AND THE EUROPEAN UNION
Miroslav Antevski, Sanja Jelisavac Trošić, Stevan Rapaić
International Politics, 2013 64(1152):36-54
Abstract ▼
The dominant part of overall relations between China and the European Union is a commodity trade, in which China has a positive balance. Trade in services is significantly behind commodity trade, in which the European Union has a positive balance also having a great potential to increase the volume of trade. FDI flows between these two huge economies are also significantly below commodity trade. They do not follow the flows of goods and the European Union\'s FDI stock in China is much greater than China\'s FDI stock in the European Union. An informal division existing in the European Union (old and new EU member states) is reflected in their individual relations with China. Germany plays a dominant role, being followed by France and the United Kingdom. Among new members, Poland, Hungary and Romania have achieved some success in the development of economic relations with China.
FROZEN CONFLICTS AND NEGOTIATING PROCESS IN THE SOUTH CAUCASUS REGION
Ana Jović-Lazić, Ivona Lađevac
International Politics, 2013 64(1152):55-73
Abstract ▼
South Caucasus is ethnic and inter-confessional very diverse region, which is highly loaded with frozen conflicts. They date from the late eighties and nineties as a result of ethno-political conflict that occurred due to the attempts of South Ossetia, Abkhazia and Nagorno-Karabakh to gain independence from Georgia and Azerbaijan. These conflicts led to a significant engagement of various international actors in the region. Their participation was mainly motivated by different geopolitical interests, which is why the negotiations that lasted for years have not brought a final political solution to the frozen conflicts. This continues to limit progress in achieving political and economic reform in South Caucasus.
ARAB SPRING AND POSSIBILITIES FOR RESHAPING OF THE EXISTING BORDERS IN THE ARAB WORLD
Slobodan Janković
International Politics, 2013 64(1152):74-90
Abstract ▼
Stabile borders are one of the bases of the political order emerged after the Second World War. Transition of the world order is characterized by transfer of sovereignty to local and supranational levels. Changes of the borders in the Arab world are already occurring as in Somalia and in Sudan. Prospect of further changes are taking shape in many countries as so called Arab spring, as unique name for different modes of the political changes in MENA region. This text presents briefs on 1) actual processes that may lead to border changes in the Arab world, 2) Context in which Arab spring is evolving, and the 3) reason behind the inception of the Arab spring.
PALESTINE AFTER RESOLUTION 67/19
Ognjen Gogić
International Politics, 2013 64(1152):91-104
Abstract ▼
After the Palestinian application for the UN membership came to a standstill, UNGA adopted the Resolution 67/19 on 29 November 2012 in order to upgrade Palestine’s status from a “permanent observer entity” to a “non-member observer state”. In this article, the author examines potential legal and political implications of such an outcome. The author argues that although not being legally binding, under certain circumstances GA resolutions can be interpreted as reflecting the opinion of the international community. Since the Resolution 67/19 was adopted by an overwhelming majority, the author considers that it presents an “unequivocal indication” that GA considers Palestine to be a state under international law. The adoption of the Resolution 67/19 should therefore allow Palestine to access the multilateral treaties open to “all states”.
EAST TIMOR: THE PATH TO STATEHOOD IN SPITE AND WITH THE ASSISTANCE OF EXTERNAL AND INTERNAL ACTORS
Igor Šćepanović
International Politics, 2013 64(1152):105-132
Abstract ▼
The article examines the East Timor’s path to independence and statehood. Also, based on the relevant literature and personal author’s experience, the article reviews and analyses the conflict which was present during East Timor’s efforts to gain independence as well as the international community’s activities related to this conflict. Due to a long period during which this conflict occurred, it is possible to identify different method and approaches to its solution in different historical periods and especially, the different approach of the United Nations during the Cold War and the post-Cold War era. Also, it is possible to identify the changes in the proclaimed values which motivated the international community to act in these two historical periods. The conflict in East Timor in 1999 also deserves academic attention, especially in Serbia, as it is closely related to the conflict in the former Federative Republic of Yugoslavia. The correlation between these two conflicts is not reflected only in the fact that both conflicts were on-going almost at the same time, but also in the promotion and application of principles by major international actors in these two conflicts.

Analyses

PRESS ATTACHÉ
Đorđe N. Lopičić
International Politics, 2013 64(1152):133-151
Abstract ▼
The article studies the institution of press attaché in diplomacy since it was created in the 19th century up to the present days. There are very few texts on press attaché in the Yugoslav and Serbian literature. There is only one paper dealing with this subject which was published in distant 1940, so this topic has not been studied and explored at all. This is the first attempt in the contemporary Serbian literature to explore the institution of press attaché. After World War II and especially in the contemporary diplomacy press attaché has been a very significant and relevant professional institution in performing diplomatic duties in diplomatic missions abroad. The author has given a short overview of press in general, in the Kingdom of Serbia, the Kingdom of Yugoslavia and in the post-war Yugoslavia presenting diplomats who performed the duties of press attaché. The relationship between press and diplomacy as well as similarities and differences have also been studied.
GLOBALISATION AND REGIONALISATION AS CONTEMPORARY PROCESSES OF THE WORLD ECONOMY
Nebojša Praća
International Politics, 2013 64(1152):152-172
Abstract ▼
The contemporary world is faced with the economic-political and social changes and crises. For this reason, the paper endeavours to analyse globalisation and regionalisation as the contemporary processes of the world economy and supranational links based on the new technology. The author emphasises the economic aspect of globalisation within which national economies are interdependent. Globalisation consists of profound international economic integration of market, capital, goods and services, financial markets and migrations, including transfer of business to some other countries. However, the public is interested in the feedback effects of international economic integrations which cause insecurity for national identity, the capacity to manage the development of one’s own country, the pressures to lower earnings and worsening of work conditions and the quality of life. “Globalism” enables mass production spurring the development of developing countries, but it also transforms developed economies in the direction that goes towards a new production process based on knowledge and new technologies. Strengthened competition gives a chance only to those economies that will secure themselves a position within globalism by low shares of earnings and by the introduction of new technologies. Today, European institutions have the opportunity to strengthen integrations. However, it is not certain that these institutions and national governments will do all they should do. Frequent crises have shown that the market economy does not only depend on the strivings towards making bigger profits, but also on ensuring security and offering public services which are beyond the profit-led economy requiring good investments and a law-based state. The market economy which is led by the wish to make a profit and personal gains that are connected with private wealth, are not sufficient. For this reason, speculators should be treated in accordance with the rules of the law and control over financial markets should be established under adequate institutional supervision. Otherwise, insecurity can emerge in Europe and in South-Eastern Europe, in particular. No country can ensure security and stability without achieving higher rates of economic development. The subject of this paper is how to manage changes and how to ensure economic growth and stability and maintain one’s own economic and political national identity in the context of globalisation.
THE ROLE AND SIGNIFICANCE OF OFFICE OF PROSECUTOR IN THE UNITED STATES OF AMERICA WITH SPECIAL REFERENCE TO STAMPING OUT OF CRIME
Jelena Matijašević, Sanja Vojnić
International Politics, 2013 64(1152):173-190
Abstract ▼
The subject of the paper is to analyse the role and significance of the office of the prosecutor in the USA, whose legal system belongs to the family of Anglo-Saxon law. Taking into consideration the specific features of the common law legal system as well as the principles and characteristics of the office of the prosecutor in a criminal proceeding and investigation in particular, which have been analysed in the article, we have concluded that the role of the prosecutor in the USA is based on the principle of opportuneness and accusatoriness. We have also made a conclusion that in a criminal proceeding of the precedent legal system of the USA the role of the prosecutor is the most important. We have defined the purpose of acting of judicial bodies, while in the part concerning the criminal proceeding rules we have analysed two model of criminal justice in the USA – the model of crime control and the model of acting fairly (correctly). If stamping out of crime is put within a broader framework, we can notice that even the military resources of the USA can be engaged in this field. We conclude that the USA has raised the defence against crime and its organised forms to the highest level.
CRIMINAL LAW PROTECTION OF WOUNDED, SICK AND PRISONERS OF WARIN CRIMINAL CODE OF THE REPUBLIC OF SERBIA
Darko Marković
International Politics, 2013 64(1152):191-208
Abstract ▼
A violation of war customs, disregard for the rights of war prisoners and wounded, as well as civilian population, is a problem that has existed since the formation of the first forms of social community, and the international community started dealing with this problem seriously after founding of the International Red Cross and Red Crescent Movement, soon after which appeared the first convention to protect these groups. The most comprehensive codification of these rules was made by congregating four Geneva Conventions for the Protection of War Victims of 1949, and supplemented with two Additional Protocols of 1977. FPRY, which Serbia was a member of, ratified in 1950 the Geneva Conventions of 1949 and in 1978 the Additional Protocols of 1977. Current Criminal code of Republic of Serbia11 (from 1st January 2006) deals with protection of rights guaranteed by ratified Geneva Conventions and Additional Protocols in Chapter XXXIV – Criminal offenses against humanity and other rights guaranteed by international law. In this Criminal Code it is more detailed than it was in the previous Criminal Code of the SFRJ12 – which is completely justified, and necessary, considering the experience from the civil war on the territory of former SFRJ. It is undeniable that the rights guaranteed by the Geneva Conventions and the Additional Protocols are also part of the being of criminal offenses against other rights related to humanity, and their criminal justice protection derives from some other conventions. In this paper, I will be concerning only with criminal offenses from our Criminal Code against wounded, sick and prisoners of war, and all that with purpose of understanding the term and characteristics of these criminal offenses more correctly, considering that theory of criminal offenses against this protected object is in the background giving advantage to genocide and criminal offense against humanity. With article 83 of Additional Protocol I and article 19 of Additional Protocol II, high contracting parties of these protocols and Geneva Conventions from 1949 were obligated to introduce regulations of these international acts to as much of civilian population and armed forces of country. In that sense, with this paper I wish to give a small contribution and help in understanding better the way the same were embedded in Criminal Code of Republic of Serbia.
THE RESPONSIBILITY OF INTERNATIONAL ORGANIZATIONS IN THE LIGHT OF WORK OF THE UN INERNATIONAL LAW COMMISSION
Mina Nikolić
International Politics, 2013 64(1152):209-233
Abstract ▼
This article analyses Draft Articles on the Responsibility of International Organizations for Internationally Wrongful Acts of the United Nations International Law Commission from 2011. For decades, the question of legal nature of the acts committed by international organizations has been the subject of bitter debates among the theoreticians of international law. In contemporary international relations and in the international system which functions primarily by establishing inter-country relations, as well as by the increased participation of international organizations resulting from those relations, it is noticeable that these international, both governmental and non-governmental organizations, have taken over numerous functions, which were previously exclusive to the domains of states. It is a fact that some international organizations (UN, EU) establish universal standards for most areas of life, and thus influence the decreased independence of state decisions. In the meantime, some international organizations have expanded, this also including their authority and power. Hence, they have gained more important roles, what their founders could not anticipate. For that reason, it is not surprising that there is an increasing need to call international organizations to account for their activities. The interest in different forms of reparation for injuries has risen from the moment when negative effects of their operations became evident. The author\'s intention in this article is to review the Draft Articles on the Responsibility of International Organizations, which the International Law Commission introduced during the second reading on April 26, 2011 and which represent a further step in the codification of rules on the responsibility of international law subjects and has significant implications both for public international law and for future relations among international law subjects. A special emphasis is put on separate articles of the Draft, which leave the opportunity for different interpretations as well as for practical problems chiefly upon the characterisation whether certain behaviour is a wrongful act at all, regarding the international law standpoint, and later the attribution of that behaviour to the subjected international organization as well as the resulting legal consequences.

The Region

CONTROVERSIES OVER THE MONTENIGRIN TRANSPORT POLICY
Ljubinko Dedović
International Politics, 2013 64(1152):234-244
Abstract ▼
In the Montenegrin situation, because of a chronic lack of accumulation and a number of hereditary problems, the implementation of the transport policy that would be in the frame of philosophy of the transport development in the EU member states, as well as within the frame of the achievement of well-defined strategic goals, could present an aporia. Therefore, this paper presents a global rating of the Montenegrin transport system and transport policy with an emphasis on some controversial issues of the transport policy (the role of the state, liberalization, privatization, environmental aspect, the positioning of the Port of Bar, a review of the possibilities for Bar-Belgrade route to be listed with pan-European corridors, the issue of traffic prioritization and construction of highways and so on).

Overview of Books

DIPLOMATSKA PRAKSA
David Đ. Dašić
International Politics, 2013 64(1152):245-247
DIPLOMATIJA: SAVREMENA I EKONOMSKA
Duško Lopandić
International Politics, 2013 64(1152):248-251

Documents

ZAJEDNIČKI RADNI PLAN ŠVAJCARSKE I SRBIJE U VEZI SA PREDSEDAVANJEM ORGANIZACIJOM ZA EVROPSKU BEZBEDNOST I SARADNJU
(Beč, 27. jun 2013)
International Politics, 2013 64(1152):253-258