ILIRIA International Review
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State-capitalism and Globalization – a challenge to whom?
Get PDFState-capitalism is an economic system in which governments manipulate market outcomes for political purposes. Governments embrace state-capitalism because it serves political as well as economic purposes—not because it’s the most efficient means of generating prosperity. This paper examines the institutional, economic and social combination in which state-capitalism is possible and contributes to prosperity. It is argues that state-capitalism works best under authoritarian rule because there is no constituency to provide for. However, this article also argues that state-capitalism has fundamental flaw
Constitutionality and the right to self-determination of the Bosniaks as a basis for resolving the status of Sandžak
Get PDFIn this paper, by using international documents, the author addresses the issue of resolving the political status of the Bosniaks in Sandžak, i.e. in Serbia and Montenegro. He emphasizes the methods of regulation of ethnic relations through mechanisms of eliminating differences, i.e. mechanisms of managing the differences that exist in modern sovereign multiethnic states. Explains the basic terms - autochthony, constitutivity and constitutionality, and thoroughly analyzes the principle of the right to self-determination and the right to autonomy, in the context of resolving the so-called status of indigenous peoples
The role of NATO in the demilitarization of Kosovo Liberation Army and in establishment of Kosovo Protection Corps and Kosovo Security Force
Get PDFKosovo Liberation Army was demilitarized and demobilized pursuant to Rambouillet accord articles and 1244 Resolution, under the control of military component of the international administration in Kosovo – Kosovo Forces (NATO). Establishment of Kosovo Protection Corps (KPC) followed this process, with the civil emergency organizational mission, which operated until the adoption of constitution of Republic of Kosovo, promulgated on June 15, 2008. The constitution foresaw KPC disbandment and creation of a new security formation in Kosovo – Kosovo Security Forces (KSF). The decree of USA president, Xhorxh W. Bush, dated 19.03.2008 indicates the political importance of KSF creation in promotion of Kosovo’s independence.The Security Sector reform will keep its special focus in periodical review programming of KSF positional development in adaptation to new situation in security environment, reflecting concrete examples through new events, missions, tasks and roles for KSF units, always compliant with the concrete needs of the country and with the Euro-Atlantic collective protection structure standards.
Native American youth and justice
Get PDFYouth and delinquency issues have long been problematic among Native Americans groups both on- and off-reservation. This phenomenon is further complicated by the cultural diversity among American Indians and Alaska Natives scattered across the United States. In address these issues, the paper begins with a historical overview of Native American youth.This history presents the long tradition of federal policies that, how well intended, have resulted in discriminatory practices with the most damages attacks being those directed toward the destruction of viable cultural attributes – the same attributes that make Native Americans unique within United States society.Following the historical material, the authors contrast the pervasive Native American aboriginal ethos of harmony with that of Protestant Ethic that dominates the ethos of the larger United States society. In addition to providing general information on Native American crime and delinquency, the paper also provides a case study of Native American justice within the Navajo Nation, the largest tribe, in both size and population, in the United States. The paper concludes with a discussion of issues specific to Native American youth and efforts to address these problems
Intellectual property
Get PDFMontenue, a distinct French scholar of intellectual property, has suggested that IP is a “tool which surprisingly helps a lot”, and this definition on science, arts, culture, since the 16th century. Now, what would be the definition of intellectual property for the 21st century? Apparently not a “strange” tool, but a necessary tool, primary for enriching human knowledge, and for the new world order, especially in the global market sphere.Intellectual property is an integral part of international trade, and its importance keeps increasing, since effective use of knowledge is increasingly influencing the economic prosperity of peoples. One may say that there is little originality in the creative sphere. Naturally, this originality can only be reflected by individuality and human identity in intellectual creativityThe author rights in the Kosovo legislation is a novelty, a necessity of developing a creative environment in the fields of science, arts and industrial property. First and foremost, the individual benefit, which is secured by the author as the creator of the work, is a moral and material right. Secondly, there is a need for harmonization, not only of values for the creator, but also for the development of science, culture, increased competitive advantage, and the public sphere, as a benefit for the public health and security, and the fiscal policy. The deficiency one must record is with the Office for Copy Rights, which is to play a strong role in implementing and protecting copy rights and other related rights by licensing collective management agencies, imposing administrative fines, awareness raising, provision of information, and other capacity building and educative measures. Naturally, the enactment of good legislation is a system without any meaning or sense if not associated with the court practice. Any establishment of a legal system not pursued with enforcement mechanisms remains only in legal frameworks
Global financial crisis, banking crisis and first country risk in the viewpoint of domestic risk rating agencies
Get PDFIn a period of dire financial crisis, with which all countries seem to cope, it seemed interesting to analyse the assessment of the risk for our country, viewed from the vantage point of our domestic rating agencies, but also compared to assessments made to our country by international rating agencies, such as Moody’s rating agency, Standard & Poor rating agency, Fitch ratings agency etc. The objective of this study is to recognize indicators and factors affecting the risk assessment and rating of a country, and evaluate whether there has been an impact of the financial crisis faced by other countries in the rating given to Albanian by domestic and foreign agencies. We stopped at the history of earlier financial crisis development to understand bewtter what is happening in this financial crisis. We shall develop upon a wide existing literature, and a range of credible resources such as the IMF, the World Bank, the International Institute of Finance, Economic Intelligence Unit, and local official data sources, eg. The Bank of Albania and INSTAT)
Several criminal, phenomenological and etiological features of criminal offences of counterfeiting money in Kosovo
Get PDFThe Republic of Kosovo is making efforts as a young state to strengthen rule of law and efficiently combat criminality in general, and specifically organized crime, as a condition for its journey towards European integration perspectives. For a normal functioning of the economic system, the safety and protection of controlled circulation of money are of vital importance. In this direction, the state takes actions and measures to ensure that manufacturing and emissions of banknotes and bonds are undertaken by competent authorities, such as the Central Bank, and render impossible the counterfeiting of money. In Kosovo, money counterfeiting is not widely studied. Consequently, there are no recent research papers over the time when these offences have marked rather high records. This circumstance, and especially the fact that these offences are rather frequent in Kosovo, made me enter the research of this type of criminality. Apart from principles and rules stipulated by special laws of the field of economy, protection of the economic system is also helped by the Criminal Code, which incriminates the act of counterfeit money as a criminal offence against the economic system, thereby ensuring general prevention of potential offenders, and repressive measures against confirmed offenders. Protection of economic and monetary systems is also provided upon by numerous international acts. The paper is permeated by conclusions, analysis and independent recommendations, which I believe will contribute de lege ferrenda to criminal policies in preventing and combating this type of crime. In researching the criminal offences of counterfeiting money, I have used the method of historical materialism, dogmatic law method, statistical methods, surveys and interviews, and studies of individual cases. From the research of this type of crime, I have concluded that these criminal offences are a serious type of crime, which may result in major individual, family and social consequences. Nevertheless, these crimes are found in all societies, including Kosovo
“New Nation-Building” or What?: Serbian and Kosovan laws on expatriates
Get PDFSpecial legal provisions on preferential treatment of expatriates introduced during last decade by the kin-states are oftentimes construed by the scholars as visible sings and effective tools of new, post-territorial nation-building in Eastern Europe. However, the analysis of Serbian and Kosovan laws on citizenship and diaspora shows that the picture is more complex, whereas the situation varies across countries of the region. Despite the rising concerns with the issues of the co-ethnics since late 2000 the Serbian government for some years has been reluctant to introduce the exclusive preferential treatment for the Serbs in the realm of citizenship. Only the law passed in 2009 overtly showed that the executives and legislators of the Republic of Serbia now are on the way of creating post-territorial Serb national community. Contrariwise the political establishment of Kosovo equally pushing forward special laws on “diaspora” in 2008 and 2011 was rather concerned with forming and reasserting of as well as tightening its grip over post-territorial citizenry because of notable social and economic problems. In contrast to Easter European status laws, trans-border “ethnic relatives” of the Kosovan majority are effectively excluded by the documents from the membership in the “diaspora,” while the representatives of ethnic minorities from the territory of the country legally qualify for being Kosovo diasporans
Smuggling of migrants in Kosovo
Get PDFSmuggling of migrants, as a serious type of criminality, takes an important place in legal science and criminal legislation. This is due to the fact that actions creating the image of these criminal offences also cause numerous individual, family and societal consequences. Smuggling migrants, with all its consequences, attracts the attention not only of the state authorities, but also the wider public, and numerous researchers and scholars. Nevertheless, despite this fact, this phenomenon has not been studied thoroughly. There is a dire lack of such research in recent years, specifically because of the presence of such crimes in a relatively higher number. This circumstance, specifically the fact that in Kosovo, smuggling migrants is a frequent occurrence, made me engage in studying this type of criminality.The aim of this paper is to research on criminal offences of migrant smuggling in Kosovo, and especially their causes. The causes of these criminal offences may be of numerous natures, but the main causes may be sought in social and economic circumstances, and other conditions related to the unstable political setting, weaknesses in operations of justice authorities, lack of implementation of criminal legislation, etc.In researching the criminal offences of smuggling migrants, I have used the method of historical materialism, legal-dogmatic method, statistical method, complaint method and interviews, and the method of studying individual cases.In the case of addressing criminal offences of smuggling migrants, I have concluded that these offences represent a serious type of crime, thereby resulting in dire individual, family and societal consequences. They are found in all modern societies, including Kosovo
Security Sector Reform in Kosovo: From institutional transitions to the democratic consolidation
Get PDFThis article explores the relationship between Security Sector Reform (SSR) and institutional transition in post-conflict countries, drawing on a case study of Kosovo. The study focuses on the institution-building of core security institutions and the role of international community in Sector Security Reform in Kosovo, reviewing the ways in which security, the rule of law and political context have been intertwined. The article first outlines the context of the international mission in Kosovo, in particular transformation of Kosovo Liberation Army through Demilitarization, Demobilization and Reintegration before proceeding to consider how the objectives, needs and constraints of international and local actors have influenced the reform of the security institutions and the security in general. Then, article explores the establishment of Kosovo Police Service and the reform process of this and other relevant security institution. In the first line, article will discusses concepts of SSR and overview an overall process of democratic transition with a main focus on security sector. After the presentation of a brief development of the SSR in Kosovo since the end of war with focus on the role of international community, article will be completed by the main findings and conclusions of this researc