ILIRIA International Review
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Women a(t) Battlefield
Get PDFSexual violence against women on the war setting has reached shocking dimensions being recorded as an intentional tool strategically used to achieve military objectives. A means to an end! This paper explores arguments on the evolving of the sexual violence into a weapon of war responsible for some of the most severe crimes. A picture of the legal provisions and the international legal instruments ruling over it is considered; shedding light on the history of an old crime with just some recent records on legal accountability. Historical facts and two cases of war rapes; respectively that of Bosnia and Herzegovina and Kosovo are analysed drawing remarks on how and why rape was an effective tool of war to achieve ethnic cleansing and territorial gain. Using a comparative approach between the cases it is argued that, despite the progress done on the recognition of sexual violence as a crime of war and crime against humanity, such aggression remains largely unpunished and not prosecuted
Banking system and its role in Kosovo’s economic development
Get PDFDeveloping a sustainable banking system is a prerequisite for developing an economy. The purpose of this paper is to extract all the important factors in the nature of banks and their direct role in economic development. This market study aims to analyze the banking system in Kosovo by determining and then analyzing its structure, the degree of concentration of commercial banks in the banking market, their behavior towards price, number of participants, banks operating in this market, types Of the products and services they provide, in order to assess the level of competition of this sector, in accordance with the right of competition. For this purpose, the study describes the functioning of the banking system as a whole and its special segments, regulatory supervisory instruments and their role not only in the functioning of the banking system but also in effective competition. Since the beginning of the operation of commercial banks, which is over 16 years old, the market still dominates high interest rates on loans, which, to some extent, is a burden on economic entities, and thus the economy as a whole
The Place and Importance of Associations in Strengthening Trade Unions
Get PDFDevelopments in the globalization process play an important role in the power loss of trade unions. This situation reveals the problems of unionization in the current industrial relations system. At this point, associations with aspects similar to the trade unions and important non-governmental organizations (NGOs), have an important place in terms of understanding the position, the importance, and the functions of today's industrial relations system where different ways of solutions are sought for unionism. In this context, this investigation focuses on the role, importance and functions of associations in the protection and reinforcement of the existing forces of the trade unions.The investigation aims to evaluate the position, importance and the potential functions of the associations in development of new strategies for strengthening the trade unions, and to suggest new ideas on this direction. The topic (in the direction of the determined purpose) was evaluated under the titles of ‘change and transformation in trade unionism’, ‘new strategies discussed and developed in the process of strengthening the trade unions’, and ‘the associations in development of new strategies’. According to basic findings, in the process of the re-empowerment of trade unions, associations are emerging as important NGOs in the realization of positive scenarios and taking precautions against negative scenarios. In conclusion; besides unionization, importance should be attached to association in every matter. In this process, associations should function in the independent status, in the dependent status, and in the core status
Life sentence penalty and extradition under article 3 of the ECHR: A leading case of the European Court of Human Rights
Get PDFLife sentence penalty covers a diverse range of practices, from the most severe form of life imprisonment without parole, in which a person is sentenced to die in prison so long as their sentence stands, to more indeterminate sentences in which at the time of sentencing it is not clear how long the sentenced person will spend in prison. Dealing with the question whether the extradition of a person to a foreign state where is accused of a crime for which a sentence of life imprisonment can be imposed can potentially violate article 3 of the European Convention on Human Rights.What all these sentences have in common, however, is that at the time the sentence is passed, a person is liable to be detained for the rest of his or her natural life. We all know “The United Nations Standard Minimum Rules” and relevant international instruments on the rehabilitation of imprisonment, but at the moment more than 73 States in the world retain life imprisonment as a penalty for offences committed while under the age of 18. General perspective of criminal justice reform in Latin America should take into a right account the meaning of life - imprisonment penalty under article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment or punishment
Destruction of illegal things and devices to contrast the counterfeiting
Get PDFThe movement of goods illegal and counterfeit in the circuit of the economy and the labor market, has put in place of criminal policy internal supranational and a primary need of confiscation and destruction in relation to safety issues transnational linked to all forms of counterfeiting, piracy agro-food to fraud in industrial brands of high fashion et similia: from here the major node of the procedure of destruction of goods illegal and counterfeit subject to seizure and confiscation and respect of guarantees communities of the criminal process, especially in the light of the amendment of art. 260, co. 3 bis and ter, c.p.p. with the d.l. 23-5-2008, n. 92 and subsequent amendments (so-called Safety Package). In line with the criminal policy of ''security'', in l. 23-7-2009, n. 99, the so-called Decree Development, between the ''darrangements for the development and the internationalization of enterprises, as well as in the field of energy'' and wanted to redesign, with analytical provisions of particular edge, the perimeter of the criminal-law protection ''Dei property rights industrial'' through the introduction of four new hypothesis of offenses of counterfeiting (artt. 473, 474, 474 b and c, 517 b and c, c.p.) and related hypothesis of obligatory confiscation (art. 474 bis and 517 ter c.p.), with implications concerning the regime differentiated penitentiary (art. 4 bis, co. 1 ter, ord. penit.) in relation to the cases of belonging to criminal association aimed to commit new offenses referred to in articles 473-474 c.p. (arts. 416 bis, 6º Co., c.p. and 51, co. 3 bis, c.p.p.), as well as the regulatory body containing the so-called ''responsability of administrative entities'', within the meaning of art. 19, d.lg. 8-6-2001, n. 231
Between Secularism and State Support of Religious Communities: An (In)Equality Dilemma
Get PDFThis paper discusses the concepts of ‘freedom of religion’ and ‘secularism’ in the context of the situation in Macedonia. It argues that State policies to support dominant religion(s) are not in coherence with the Constitution, the principle of equality and secularism, as well as the applicable international human rights standards. Having in mind that R. Macedonia is a secular State and that there is solid non-discrimination legislation in place, it is of interest to investigate whether such policy approaches are discriminatory. Such developments may threaten the principle of secularism, human rights and stability in a fragile multi-ethnic and multi-religious country such as R. of Macedonia.In terms of methodology, this paper primarily focuses on the use of the normative and the empirical method. These methods are especially of use in the part where the existing legal framework in the domestic and international law is analyzed in regard to the various practices challenging the principles of secularism and equality before the law. In addition, this paper also focuses on the various reports in order to discuss and address relevant perceptions to such practices. This article consists of four parts. Introductory remarks are provided in section I. Section II explores the notions of secularism and equality before the law. Section III explores the various institutional practices such as: religious instruction in public schools; building of religious objects with State funding and support; non-registration of religious communities; and practicing religious ceremonies in public institutions. Finally, section IV offers concluding remarks and comments
Determinants of profitability according to groups of banks in Albania
No full textThe paper analyzed the determinants of profitability of all the commercial banks in Albania, where the banks were analyzed by dividing into groups[1]. These determinants are categorized into two groups, internal and external factors. The objective of the study is to determine the factors that affect the profitability in commercial banks, to show how they differ according to groups of the banks and making some recommendations which can help the management. A panel data with all the commercial banks that operate in Albania is analyzed for the period 2009-2014. To measure the profitability is used the independent variable return on assets. Banking specific factors that are used in this study include variables such as bank size, asset management, credit risk, liquidity of assets, capital adequacy, operational efficiency and cost of financing. On the other hand is taken into consideration only one industry specific factor, which is the concentration and some macroeconomic factors as GDP, exchange rate and inflation. The quantitative data are obtained from the financial statements of commercial banks, INSTAT, Bank of Albania, World Bank and Bankscope, in order to make empirical analysis needed to identify and measure the determinants of bank profitability. In particular, the multiple regression analysis is used to measure the impact of determinants in bank profitability and to realize empirical analysis is used Eviews 7.The results of the study showed a positive relationship between bank size and profitability, statistically important in the group 2, with 1% level of significance. The credit risk had an inverse relation with profitability in the model, statistically significant at 1% level of significance for the group 2 and 5% for the group 1 and 3. While, in terms of macroeconomic factors, GDP had a positive relationship with profitability and it is statistically significant in the group 3. On the other hand, inflation and exchange rate showed a positive relation with profitability (ROA/ROE) but statistically insignificant for the model.[1] According to the Bank of Albania, in December 2014, banks in the Albanian sector are divided by size of activity: 1) The bank group 1 (0-2% of total banking sector assets) include United Bank of Albania, Veneto Bank, International Commercial Bank, First Investment Bank, Credit Bank of Albania; 2) The bank group 2 (2-7% of total banking sector assets) include Procredit Bank, Credit Agricole Bank, National Bank of Greece, Societe Generale Bank - Albania, Alpha Bank - Albania, Union Bank; and 3) The banks group 3 (about 7% of total banking sector assets) include Raiffeisen Bank, Credins Bank, National Commercial Bank, Intesa Sanpaolo Bank-Albania, Tirana Bank.
Globalization challenges in a globalized world
Get PDFGlobalization is an ongoing phenomenon trying to redefine the economic, social, cultural and political dynamics of contemporary societies. The communication among countries and not only them, has been increased expanding political ties, making possible greater economic integration and wider cultural relations combined with augmented global wealth across the world. But, the process of globalization is in wider terms considered a beneficial one, but also viewed by some countries as a menace to national sovereignty and national culture. This paper tries to explain the obstacles to the process of globalization and its attendant benefits. Although globalization has arisen as a result of a more stable world, the factors that had contributed to its rise also help the factions interested to bring destabilization. In an academic approach in this article, between the research and comparative methods, I have been trying to get the maxims between economy, politics and diplomacy in their efforts of affecting the global era.
Enhancing the Macedonian Health System through Implementation of the Public-Private Partnership Model
Get PDFThe research involves determination of the extent to which the public-private partnership model can contribute to the improvement and enhancement of the healthcare services in Macedonia. To achieve this purpose, the research embraces comprehension of the common advantages and disadvantages of this model, encompassed with a case study of the public-private partnership in the specialized-consultative health protection for the health activity-dialysis, together with other efforts to ensure high quality health protection. It also reflects the attitudes of the public authorities and private sector entities regarding the significance of the public-private partnership model, consideration of the advantages and disadvantages before entering public-private partnerships and the ways public-private partnerships affect the employees and employments.The study outlines planned and realised efforts to implement this model to ensure better and more efficient healthcare system.Generally, the results from the survey and the outlined case study present this model as good solution for many healthcare challenges, since public-private partnerships offer different services to the citizens that neither the public nor the private sector could separately achieve. The public-private partnership model leads to new employment opportunities according to the opinion of the public authorities, while the private sector entities consider that public-private partnerships increase the responsibility of the employees in such partnership in comparison to the public sector. The outlined case study is an example of successful public-private partnership model in the field of healthcare and can serve as motivation for further implementation of this model to ensure better, enhanced and modern health system
How States Carry Out Acts of Terror: Wars, Strategies and Tactics in Bosnia and Herzegovina and Kosovo
Get PDFTerrorism is a notoriously difficult concept that defies single universal definition. Terrorists intentionally employ violence in order to instill fear in their victims and the wider public. Terrorist movements aim to achieve their political, social and/or religious goals through use of violent acts. (Hoffman, 1998: 43) In most cases terrorism is perpetrated by non-state actors and is "bottom up" challenge to the existing political order. However this article argues that the nature of the crime and not the perpetrator should determine whether some criminal act constitutes terrorism and acts of terror can also be committed by states and/or state actors. In this article, the author will examine the overall strategy and tactics used by the Milosevic and Karadzic regimes in BiH and Kosovo to fulfil their wartime ambitions of maintaining and consolidating control over Serb and Serb-occupied territory, relying primarily upon the indictments and judgments of the ICTY in which they and members of their armed forces acting under their authority have been charged and/or convicted of war crimes and terror, along with reports from international organizations such as the United Nations and other sources. Through an analysis of these tactics against leading definitions of terrorism, it will be demonstrated that rather than fighting against terrorists and insurgents, the Milosevic and Karadzic regimes carried out acts of terror during the wars in Kosovo and BiH, respectively, and furthermore Milosevic was sponsoring state-terrorism in BiH (Blakely, 2012: 3-4).