I N T E R N A T I O N A L P R O B L E M S, VOL. LIX, NO. 1, 2007
INTERNATIONAL LAW AND HUMANITARIAN INTERVENTION
Tension and even more a very open antagonism are present between the rules of the world order that are based on the UN Charter and the rights provided by the Universal Declaration of Human Rights. The UN Charter prohibits the violation of state sovereignty by force, and the Universal Declaration guarantees the rights of individuals opposite to oppressive regimes. The problem of humanitarian intervention emerges from this tension.
According to the UN Charter or international law a general right to humanitarian intervention by using force does not exist. Such a humanitarian intervention can be approved by the United Nations Security Council only, in accordance with the UN Charter principles and the paragraphs of international law related to use of power.
The humanitarian intervention not authorised by UNSC remains a controversial question of international law. The consensus on the legal justification of such an intervention has not been reached in the world in spite of the fact that a large number of legalists have tried to prove its justification and that some, predominantly Western countries, support the justification of its implementation as the common law right in specific conditions.
In the first part of the article, apart from defining the two key terms, humanitarian intervention and international law, the author explores the development of the legal doctrine of implementation of humanitarian intervention. It has become obvious that the attitude towards the implementation of humanitarian intervention in international relations has evolved in accordance with the change in approaches of the international society towards the question of war in international relations. However, parallel to the development of the concept and progress of human rights standards, particularly after World War II, the concern for protection of human rights has increasingly become the responsibility of the international community as a common value and interest.
In the second part of the article the perspectives and explanations of some relevant international law experts are examined, and they are related to the UN Charter paragraphs on humanitarian intervention. The majority of law experts and international institutions are of the opinion that according to the UN Charter and other acts of international law, UNSC has the right to make a decision on undertaking international intervention by using force. However, related to such an opinion the lack of criteria is emphasised, this including specific conditions under which such a decision would have a full legitimacy.
In the third part of the article, the author examines the possibility of providing the right and/or justification for carrying out a humanitarian intervention to a state, a group of states or organisation of states without the permission of UNSC. Even though there are powerful political and especially moral arguments for such an action in reality, the author concludes that there is no consensus in the international community on changing international law in order to give a state (a group of states or their organisations) the right to disregard the principle of state sovereignty without the approval of UNSC.
The forth part examines the initiatives and possible ways for development of the criteria and the legal doctrine of humanitarian intervention. In spite of numerous initiatives for adopting a clear definition and the expansion of the legal framework of humanitarian intervention with the aim of efficiently protecting human rights in states with oppressive regimes, it is obvious that a respective number of states and international authorities is not ready to minimise the principles of sovereignty. However, reaching a consensus on the criteria for implementation of humanitarian intervention that could simplify the UNSC decisions related to protection of human rights is more feasible. The initiatives, especially those of some legalists-humanists and democratic governments keep on being open and of current interest.
THE EFFECT OF INTERNATIONAL TREATIES
The international legal practice and doctrine of relative treaty effects up to now found acknowledgement in the Vienna Convention on the Law of Treaties 1969, and the Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986. In principle, international treaties generate effects only for the involved parties, and the treaty rights and obligations effects only them. Therefore appears the following essential rule that, neither a State nor an international organization can acquire rights or be charged by obligations on the basis of international treaties to which it is not a party. Such treaties are in that respect res inter alios acta. In international law system, treaties do not create either rights or obligations for third parties (States or international organizations) without third parties free consent. The existence and application of that rule is confirmed by diplomatic practice, national and international jurisprudence and by international conventions and multilateral agreements. The author does not exclude that a non-parties may acquire some rights on the basis of a treaties concluded by others if there is a clear intention of the parties to stipulate rights in their favour. The rule is inapplicable in the case of imposing obligations for the third States without their consent. The evaluation of the said rule the author carries out through mechanism of the most-favoured-nation clause. The relativity of international treaties is applicable to international organizations. Organizations cannot be considered as thirds to treaties by which they are created. Under certain conditions, some international treaties fall outside the scope of the organization’s competences. These acts are pacta tertiis for that organization. The possibility of creating rights and obligations for members by international treaties concluded by an organization always depends upon the provisions of the organization’s statute. The possibility of imposing rights and obligations on members by international treaties concluded by an organisation always depends on the provisions of the organisation’s statute. The author reconsiders the question of possible effects of treaties concluded by the other subjects of international law. With regard to the work of the International Law Commission, the author gives special attention to the rules and principles of both the Vienna Conventions on the Law of Treaties.
SUCCESSION OF MEMBERSHIP OF THE UNITED NATIONS – THE CASE OF SFR YUGOSLAVIA
The dissolution of the Socialist Federal Republic of Yugoslavia raises many legal problems of international law, of which succession issues is an important one. The international response to the Yugoslav crises was largely articulated through the EC Arbitration Commission legal opinions in relation to dissolution of SFRY. After the Arbitration Commission and the other international organs, including UN Security Council, have considered that SFR Yugoslavia has ceased to exist and that therefore, none of the States existing on her territory can claim to be identical with the former Yugoslavia, the issue of the succession into the membership of the UN received new attention. Because of fact emerging States were equal successor to the former State, redefinition of the relations between the successor States and the universal organization was necessity. The rules concerning succession into the membership of the UN unfortunately, no contains in the provisions of UN Charter. The questions of succession into the membership of the UN are governed by the principles that have developed over time. In positive international law having regard to the needs of legal and political systems, the stability of legal relationships as general rule maintenance the principle of de jure continuity. The principle of continuity embodied by the sixth (Legal) Committee of the General Assembly when considered the situation of the partition of British India in 1947. Since the India precedent, political criteria in practice of the UN has prevailed the legal conditions laid down in UN Charter. Article 4 of the Charter provides that membership of the organization is open to all peace-loving States which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations. The Assembly and the Council have full discretionary power in determining whether the State is able and willing to fulfill the Charter obligations. After the first UN precedent, UN system has supplemented legal conditions to membership succession. In the "Yugoslav case", the conditions was obviously motivated by political factor but not simply disregarded the Charter conditions and UN precedent. When the former Yugoslav Republics emerged as new States, the international community tested their ability to respect of the UN Charter and the other commitments contained in the positive international law instruments. The relevant resolutions of the main body of the UN (resolutions 756, 777 and 821 of the UN Security Council and the resolutions A/47/1 and A/48/88 of the General Assembly) and the legal opinion of the Under-Secretary General for Legal Affairs, which author analysis continuing logic of the UN precedent, make clear that all successor States of the former Yugoslavia could participate in the UN only and after admission process has been finished. Admission to membership in the UN thus was a prima facie evidence of their statehood. "The Yugoslav case” on that way, plays an essential role in valuation of the statehood and can be one of the greatest catalysts for all further ‘development rules’ of international law. At last, in comparison with the traditional criteria for succession into the membership of the UN, the "new approach" only fixes the existing practice and instigates high evaluation of general international law.
CURRENT Political Dynamics in Asia: ISSUES, DEVELIOPMENTS AND Threats
The author examines the current political dynamics in Asia and the potential threat situations jeopardising the regional security. The article looks at proliferation of nuclear weapons and the North Korean and the Iranian nuclear cases. It studies the international pressures, diplomacy moves and the Iranian reaction and the EU and American perceptions. The Taiwan issue and territorial dispute of the South China Sea and the problem of Kashmir between Pakistan and India are discussed. The regional radical terrorism networks under the Islamic guise are also examined.
RESTRUCTURING AND PRIVATIZATION OF PUBLIC ENTERPRISES IN CANADA: LEGAL AND FINANCIAL ASPECTS
The theme of the paper is restructuring and privatization of public enterprises in Canada, where the enterprise operates as a business offering public goods or services. Legal and financial aspects of public enterprises distinguish those enterprises from other businesses and government activities. The author analyzes and compares various experiences with different forms of public enterprises. The study explains goals, essence, definition and differences between similar enterprises and other government activities and private enterprises. The paper provides a stimulating debate about the ways to reform public enterprises in different countries.
INNOVATIVENESS – AN INDISPENSABLE FACTOR OF DEVELOPMENT
The paper puts emphasis on innovativeness, analysing all its segments. Innovativeness becomes a starting point for explanation and analysis of the complexity of the new economy, society and culture, including one's own personal invention. According to the author the essence of development changes and a key element for understanding spiritus movens lies in innovativeness. Therefore, innovativeness is becoming more important than ever before. It does not entail only the economic dimension but it involves all fields of life, with unpredictable economic, social, cultural and other influences.
While labour productivity and competitiveness are factors that urge high economic development (without producing inflation), innovations are prime movers for establishment of a new economy. Actually, an innovation is a function of highly studied, skilled labour and the organisation established by knowledge. An innovation is by itself a function of the following three main factors: (1) creation of new knowledge in science and management (fundamental in innovations), (2) availability of highly educated self-programmed labour force that is able to apply new knowledge for productivity promotion (resulting from the quality and quantity of the educational system), (3) entrepreneurs that are capable and willing to take the risk of transforming the innovation into business. True, such a talent results from the entrepreneur culture, but it is also connected with the opening of institutions in the society that are directed towards entrepreneurship. In that way technological innovations are regarded as entrepreneurship. This points to a broad integration of knowledge on new foundations creating a webbed innovation environment whose dynamics and goals have to a great extent become autonomous. Innovativeness is becoming a phenomenon of key significance since it is indispensable for the development of economy and society. Innovativeness is preceded by an invention and it is an idea, description or a model for an improved tool, product, process or a system. Innovativeness is, thus, the only way to be included into the universal (digital) language and a pure logic of system webbing, creating technological conditions to establish a horizontal global involvedness and communication. In such a mutual relatedness the technology, society, economy and culture are changing, this also involving all fields embraced by innovativeness, or the ones it is just entering.
Innovativeness is, thus, regarded as a rather complex issue. It does not always fit into a social context since every innovation creates again new living conditions. The emerging ideas that reflect themselves in an innovation are materialised only if certain social conditions are created and there are social needs or a demand for them. Now in the period of globalisation it is possible to perceive them more realistically because production constantly brings new innovations and continuous revolutions permanently shake up all social relations. For this reason development should produce adequate qualifications for performing certain jobs in the economy and society. The development itself presumes communication with people by trade in goods and services and exchange of information and symbols. Therefore, one should keep in mind that within the information way of development in particular, cognition makes a strong impact on knowledge as the main source of productivity. However, productivity will not motivate companies, but will incite profitability within which productivity and technology can be significant but not the only means for achieving the goal. By crisscrossing information technologies, economy and social dynamics a new reality is being created. It is conditioned by innovativeness and is based on modern communications. Thus, in turning ideas into a product the country that attains the fastest economic growth stands out. Economic growth does not lead to a rise in the quality of life, but the rise in the quality of life is preceded by economic growth. The role of innovativeness is irreplaceable in this process.
The paper presents the two year long debate on possibilities and limitations of international co-operation that since the 1980s till the present days has been conducted by two most influential approaches in contemporary international relations theory, this being neorealism and neoliberalism. Actually, they include two more moderate versions of these approaches – defensive neorealism and neoliberal institutionalism.
The first part of the article presents the basic conceptions of Kenneth Waltz, creator of neorealist theory. The most important of them is the anarchic structure of the international affairs system that is adopted by all participants of the discussion the paper considers. According to Waltz and neorealists, the anarchic structure of international affairs produces structural limitations of international co-operation. Two basic problems that are the subject of the discussion between neorealists and neoliberalists are the following: the non-execution and relative gain problems.
The second part of the paper presents the basic conceptions of neoliberal institutionalism, which is embodied in the Robert Keohane’ theory. This theoretician adopts the Waltz’s conception of anarchy, but by using the model of repeated prisoner dilemma he explains the functional incentives to international co-operation – the non-execution problem is alleviated through institutionalisation of repeating, linking of subject fields, exchange of information and reduced transactions price.
The third part of the article presents the neo-neo discussion, what actually includes the discussion between neoliberal institutionalism and the direction created on the trail of the Waltz’s theory, the so-called defensive neorealism. In this stage, the discussion is focused on the relative gain problem and improvement of the model of game theory or the theory of rational choice, in order to include structural limitations and functional incentives to international co-operation, too. As neoliberal institutionalists and defensive neorealists completely approached in views, for which the discussion in this stage is called the neo-neo synthesis, the conclusion that can be drawn is that international co-operation is too broadly defined as the one that is greatly determined by various factors, or that its likeliness varies from situation to situation. Realistic concepts have, however, been determined among the extreme variables international co-operation depends upon (the number of great powers in the system, the prevailing arms technology). It is interesting to note that the neorealist wing of this discussion and synthesis completely adopted the institutionalist argumentation on functional incentives to international co-operation.
The fourth part of the paper presents in brief criticism of the „neo-neo synthesis“ and every individual direction within it. The criticism comes fro both the extreme wings of neorealism and neoliberalism, as well as from the „spacious church“ in international relations theory, the so-called critical approaches. The criticism is mostly directed towards the inconsistency of views on international co-operation expressed by both approaches that participate in the discussion described above.
A very fruitful theoretical discussion on the possibilities and limitations of international co-operation has produced a compromise and too broadly defined conclusion, and it is as follows: international co-operation is very much determined by various factors among which the most prominent is the number of great powers in the system of international affairs. The significance of the discussion reflects itself in the fact that it focuses on, includes in theoretical terms and explains the essential aspects of international co-operation – its structural limitations and functional incentives. Apart from this, it also suggests the ways to explain the practical foreign policy decision-making in USA, the country where the discussion has been taking place. Finally, the theoretical discussion on possibilities and limitations of international co-operation includes the concepts that can serve to explain some foreign policy debates in our country as well.
Historically, the just war theory has never constituted a part of public international law. Moreover, the two concepts appear to be contradictory. The just war theory is based on the philosophical postulate of the existence of superior principles, which find their origins in the nature, Good’s will or human reason. On the other hand, the classical international law is based on the principle of sovereignty, which by definition excludes superior principles as well as on the positivist theory that separates law from politics, morals and philosophy. The validity of legal norms depends on higher norms that are proclaimed by men, i.e. by states. The historical evolution shows this incompatibility.
The just war theory had been established at the end of the classical period and was further developed throughout the middle ages. Although the theory has always treated the question of jus in bello, the main issue was the question of the right to wage war – jus ad bellum. This appears logical since the just war theory was supposed to provide a definition of necessary conditions for waging a just war. A mutation of the just war theory occurred at the very moment when classical public international law was created, while Swiss jurist Emer de Vattel laid the foundation of this legal discipline. International law was for the first time solely based on the will of states and was separated from the law of nature. Neglecting the jus ad bellum aspect, international law took into consideration only the rules of war – jus in bello.
From the late 19th century to the mid-20th century the question of the right to go to war lost its importance because that right was considered a fundamental attribute of state sovereignty. Just after the traumatic experience of the two World Wars positive law has considered the right to war. The UN Charter has regulated the use of force in detail. Is the just war theory, which seems to have resurrected, essential within the context of the detailed regulation of the use of force? In the light of the nature of public international law the answer might be affirmative.
Analysing the contemporary conflicts in the Middle East the usual topics for discussion are power politics, energetic security and the aggregated threat of international religious terrorism. The first two elements are indispensable for the classical geopolitical and geostrategic thinking, while religious terrorism has become a fully new element in such a rethinking of the conflict.
The conflicts in this region have a long and influential historical and religious background. Religion is often used as an excuse or as a motive in creating the state (as in the Pakistan case) policy, international and internal boundaries and in diplomatic relations between Israel and the countries with the Muslim majority. A large portion, sometimes even a majority of the population of the countries from Morocco to Afghanistan, supports the movements and organisations whose policy is overwhelmingly based on religion. Still, terrorism and religion are less studied in this paper since they are the topic of many analyses.
The importance of energy and the fact that the major powers, with the exception of Russia, are foreign energy consumers overshadows the contemporary conflicts with a new type of partnerships and alliances – energetic alliances. The US strategy of controlling the oceanic and sea routes of international trade and energy flows is based on its maritime power as well on its terrestrial army strength and partnerships in the Rimland. Iran is the country that links the Caucasus and the Caspian Sea – a region with the second largest proven oil reserves – with the Gulf countries – a region with the largest proven oil reserves. It is the southern gate of Russia and Eurasia. Its strength in international relations is based on its strategic position, size, population, army and the energetic alliances with India, China and Russia.
Geostrategic analyses attach much importance to fresh water, putting emphasis on the basin of the Jordan River. Water security is one of the main issues in the disputes between Israel and its neighbouring countries. However, it is also a cause for concern in almost all of the countries from Bosporus to the Nile. Immense desalination and civilian use of nuclear energy could resolve this problem.
Social differences are growing between most of the countries in this region, but also inside themselves. The impoverishment is one of the key elements for understanding the cause of the Jewish colonisation of the occupied territories. Closed societies and a lack of transparent representative policy and legal instruments to achieve basic human rights of the Palestinian people are some of the nourishing elements for terrorism.
The growing and persistent social
differences, the great powers competition over resources, a lack of fresh
water, terrorism explained by religion and the local arms race indicate that
local terrorism, wars and armed confrontations remain the ominous feature of
the region, concludes the author.
The Black Sea region has been significant in the regional and world frameworks since the classical period up to the present times. It is substantially important for the roads and transfer of goods and people from Europe to Asia and vice versa. At the same time, the civilisations and cultures of Europe, Orient and Asia meet in this region. The peoples have moved along the Black Sea roads during their migrations, campaigns, conquests and flights. Since the ancient times up to the present, the region itself has been an interest sphere of states and conquerors, and the main reason for that is its geographic position. Another reason is the fact that on the coast of the Black Sea no powerful state has been established that would take and keep its territory.
For decades, the Black Sea region was a border zone between the Warsaw pact and NATO, reflecting an ideological division between the West and the East. At that time, states from that region made attempts themselves to establish their mutual multilateral co-operation by founding treaty organisations (e.g. CENTO – The Central Treaty Organisation), but only for a short term. So far, the Black Sea regional organisation – Black Sea Economic Cooperation (BSCE) is the only one that has remained and it operates today. It was created by taking EEC as a model, tending to grow into an organisation similar to EU. The great powers, Great Britain and USA, have their own long-term interests in the Black Sea region exerting their influence on its political and economic shaping. The oil and gas paths from Russia and Asia are going through the Black Sea region, putting it in the focus of interest spheres of the states of the world, and the great powers in particular. Today most of states of the Black Sea region are economically poor, have unstable political systems and burdened with constant and potential explosive problems.
Above all, it is unrestorable energy that is used in the world, this including fossil fuels most of all. At this moment the world economy is dependent on this kind of fuels. Transportation means work on oil derivatives. The share of energy consumption of the transportation sector in Europe amounts to 23 per cent of the total consumption and it is still rising, with 90 per cent in fossil fuels. The greatest number of power plants consumes oil, natural gas or coal. According to the recent estimates, about 68 per cent of electric power is produced in USA from coal or natural gas. Around 20 per cent of electric power is produced by nuclear power plants, while only 7 per cent is produced by hydroelectric power plants. Nuclear energy and solar cells are considered to be the main substitutes that should take over the burden of electric power production. Nuclear energy entails political and environmental problems, while solar energy is expensive at present, this also causing problems with appropriate locations for collector installation.
Energy sector is a driving force for production activities, but on the other hand, it is a fierce environmental pollutant. Consumption of fossil fuels keeps on creating an increasing number of problems. Incomplete fuel combustion in internal-combustion engines releases the poisonous carbon monoxide, nitrogen oxides (the main components of smog in towns), and various hydrocarbons. Installation of catalytic converters has improved combustion to some degree, but has not completely eliminated pollution. Fuel combustion produces carbon dioxide, a gas released in greenhouses that is responsible for the rise in temperature of our planet. Although the ultimate consequences cannot be predicted, it is assumed that this could lead to substantial climate changes. The very exploitation, transportation and oil storage pollute the environment. The situation with coal is similar.
Apart from the problems caused by the environmental pollution there is a problem of economic dependency that is being created. Actually, a large number of countries, including USA, cannot produce sufficient oil to satisfy demand and are, therefore, forced to import it from the countries that are rich in this raw material. Energy dependence can also be the cause of armed conflicts.
The European Union has set as its goal to produce till 2010 22 per cent of electric energy and 12 per cent of the total energy from restorable sources of energy. If the goal is not attained the European Union will t be unable to fulfil the commitments it made by adopting the Kyoto Protocol, the international agreement for reduction of carbon dioxide emissions. In October 2002 the European Commission established the High Level Group on Hydrogen and Fuel Cells, including representatives from car and transportation companies and research institutions with the aim to promote the development of the hydrogen economy and assessment of potential benefits for the transportation sector, energy production and other fields. The total EU investments in this field are estimated to about 600 million Euros in the 2002-2006 period.
The priority issues for the European Union countries are sustainable development and efficient energy exploitation together with the economic transformation, to be particularly directed towards exploitation of new restorable sources of energy. With its legislation Serbia keeps abreast with the European Union, but it has big problems with irrational energy consumption and unused energy potentials.
In USA the Bush Administration has started the Hydrogen and Fuel Cell Initiative with the objective to develop the hydrogen infrastructure and cars with fuel cells, presenting the Freedom CAR programme designed for development of the car systems that will work on hydrogen as a fuel. A half of the American budget designed for hydrogen research, amounting to $ 1.7 billion, will be spent on restorable sources of energy.
However, the solution for the problem of producing hydrogen as a source of electric energy the American Administration sees in the use of nuclear energy. The main goal of the Administration is to develop a new generation of nuclear installations that could be applicable in the period between 2010 and 2030. If the forecasts prove to be true, in the next few decades the world will witness the transition from the fossil fuels economy to a much purer hydrogen future. Can the society truly make such a transition or will technological, economic and political barriers keep us tied to oil and other fossil fuels till the end of the century and well beyond?
It is expected that demand for primary energy will keep on rising in the future. Consumption of restorable energy will grow faster than any other form of primary energy, but its share in the world demand will keep on being very small in the future period. Energy and oil price trends in particular, are difficult to forecast because they are susceptible to political influences.
As its starting point the paper considers the fact that an effective mechanism for complex and sustainable use of resources of development is international co-operation in various forms, at different levels and in several aspects. Complex use results from mutual relatedness of natural resources, this including land, water, air and biodiversity considering their sustainable development and mutual relatedness of natural and cultural- historical resources.
Then, it is pointed to the fact that tourism is the economic branch that most efficiently connects and ensures development of other branches. Therefore, it is necessary to develop sustainable tourism and international co-operation within it. On its road to EU membership Serbia faces numerous challenges. Among important ones are how to solve the problems of environmental protection and sustainable management of natural resources. A very effective instrument for coping with these challenges is regional and neighbourhood co-operation in the field of sustainable use of resources for development. Considering economic branches, tourism and its specific forms as are ecotourism, rural tourism, nautical tourism and others could be used as valuable tools for financing of protection of delicate fields and socio-economic development of the population living in those areas or near them. For truly sustainable use of resources it is necessary to strengthen co-operation and partnership among think tanks both from the public (universities) and civil sectors (professional associations, NGO, and alike), tourist industry, local population and tourists themselves. In order to implement the principles of sustainable tourism nature tourism and ecotourism are of special significance, because they themselves must necessarily ensure the respect of natural heritage and local population and they are adjusted to the overall capacity of the area.
Therefore, after defining sustainable development and its postulates, the author gives an overview of natural resources, this including land, water, air, as well as biodiversity, discussing their inter-dependence. Then, she considers the relatedness between cultural and natural resources for sustainable development giving the “Đerdap” National Park as an example. Finally, the author studies international co-operation in the field of sustainable use of natural and cultural-historical resources, pointing to global connections and worldwide actions, regional interconnections and co-operation as well as cross-border co-operation of neighbouring countries in this area.
Directing tourism to sustainable course is a great challenge, but a challenge that is also a significant stimulus for development, being at the same a great responsibility. During the past decade ecotourism progressed rapidly. Although it possesses potentials to exert creative environmental and social influence, it can be harmful in case it is not implemented properly. Being most greatly directed to delicate ecosystems ecotourism projects involve a risk to destroy the very environmental resources they depend on. A loss of biodiversity and habitat of flora and fauna, creation of waste depots and pollution in the fields that have none or a negligibly small capacity to absorb pollution are only some of the problems. The global significance of these problems is obvious for ecotourism. There are identified and promoted those forms of ecotourism that implement the principles of endangered ecosystems protection, sharing the benefits gained by those activities with local communities, respecting local cultures as well. The contribution of tourism to sustainable use of biodiversities is of special importance. As the number of nature-based activities is on the rise, ecotourism is truly a significant potential for achieving positive results in preservation of biodiversities and sustainable use of its components. This presumes an environmentally and socially secure ecotourism practice.
It should be also pointed out that not only the inclusion of our country into the EU integration processes, but also the protection of our interests in carrying out the projects that have been agreed among states as well as the availability of international donor funds depend on the implementation of necessary activities in the filed of international co-operation in this sector.
For many years the International Scientific Forum “Danube – River of Cooperation“ has been studying and actively participating in the establishment of various forms of cross-border co-operation. Among other things, it also initiated the establishment of the “Middle Danube – Đerdap“ Euroregion. The new initiative of the Forum includes the juncture of three borders between Serbia, Hungary and Croatia, which is one of the best preserved swamp and marsh areas in South-Eastern Europe.
The study points to the fact that international regional and cross-border neighbourhood co-operation can play a significant role in ensuring faster achievement of sustainable development. At the same time, sustainable use of natural and cultural-historical resources for sustainable development is the most relevant area, a possible subject of regional and cross-border co-operation between Serbia and its neighbours.
During the 20th century, international trade recorded a faster growth than output, while international merchandise trade grew at a quicker pace than trade in services. The sector of services or tertiary industry expanded in the last two decades in particular. Although there has been a demand for statistical information on this sector it is a process that is still under way and due to the nature of services, being different from merchandises, as well as for the difficulties in separating international services from domestic ones the role and significance of this sector has not yet been clearly positioned. There are different ways of classifying merchandises and services on the part of eligible institutions, while there is an additional problem of innovating services that are offered as a result of the technological progress. Since this sector has been followed thirty years ago up to the present times the participation of developed countries has been dominant. However, this sector is a basic economic activity of both of the countries with mid- and low-level income. The employment statistics points out the significance of this sector since more than a half of employees in the world work in it.
With the development of this sector there was noticed a demand to regulate it multilaterally. The first negotiations during the Uruguay round of talks were initiated by developed countries, while developing countries showed some reservations. It resulted in adoption of the General Agreement on Trade in Services as a part of the Annex I of the Agreement Establishing the World Trade Organization. The field of services is subject to continuous progressive liberalisation that is achieved by successive rounds of negotiations. Developing countries were enabled to liberalise their services to a lesser extent.
The World Trade Organization considers trade
in services in the following way: as trade in transportation services, as
travel services and other services. A part of transportation services
include international shipping services whose beginnings coincided with the
trade development itself. Today, international shipping includes
merchandise shipping activities in international trade, and apart from the
standard services in transportation, it also includes insurance, merchandise
storage and border-crossing activities. In comparison with the two other
segments of commercial services the growth of share of transportation
services in international trade in commercial services has been steady and
even in the world exports of commercial services.
After many years of efforts, discussions and proposals the Statute for a European company was adopted in October 2001. It enables establishment of a new, European type of company. Although it was earlier provided that a European company should be independent from national law it is a mixture of new rules defined by the Regulation on the Statute for a European company with the rules that have already been adopted at the EU level, which harmonise national company laws as well as by national laws that themselves define limited companies with a number of different characteristics. A European company is established by merger, formation of a holding company or a joint subsidiary, or conversion of a public limited company into European company. For the first time, there is an option for cross-border merger and transfer of registered offices within EU, while preserving its legal personality. This is of great significance. A European company can be managed under a two- or single-tier system of management, depending on the form that has been provided by the Statute.
Together with the Regulation on the Statute for a European Company the Directive complementing the Statute for a European company with regard to the involvement of employees in the European company was adopted, and it resulted from a political compromise between different national positions. The basic rule provided by the Directive involves the “before and after” principle, or the sense and preservation of rights of employees they enjoyed till the restructuring of their company, this including possible negotiations with their representatives.
The adoption of the Regulation on the Statute for a European company has resulted in the change of the traditional view taken so far that companies are national creations, not only at the moment they are established but also later during their operation. Such an approach is outdated. Companies are so much “European” not only by the fact they can be established in a specific European form, but also for the reason that national borders are becoming less and less important in practice.
By applying a comparative analysis, the paper attempts to explore conformity of the standards that are implemented in the European Union institutions with the generally recognised international standards in the field of the right to access to information. The demand for establishing a certain degree of respect of this civil right resulted from the requirement to assess if and to what extent the access to documents can be of use in preventing corruption in the work of the supranational organs and bodies. The discovery of the widespread misuses of powers that led to the collective resignation of the European Commission in 1999, seem to emphasise the significance of making up and adopting preventive measures.
A critical inquiry of the degree of respect of the right to access to information and the principle of transparency in the work of the European institutions is based on the analysis of the following five indicators: the scope of the right to access, the scope of exceptions, the administrative and appeal procedure, the protection of whistleblowers, administration performance openness and political will to respect this right consistently.
The results of the analysis show that the standards adopted at the European Union level are only partly in conformity with the generally recognised international standards in the field of the right to access to information. The current normative and institutional solutions that are being applied are lagging behind good practice, creating space for voluntaristic interpretation of the right, which does harm to citizens. They also lead to insufficient use of the advantages offered by the information technology and Internet bringing about a total lack of important elements of the system for ensuring the respect of the right to access, as is, for example, the “whistleblowers“ protection mechanism.
The mentioned deficiencies of the system for ensuring the right to access to information seem to be a direct consequence of the lack of a “critical“ level of political will to create a framework for the consistent respect of the right. This is proved by the development of the EU policy in the field of strengthening of transparency of the Union institutions so far, which has been characterised by the violation of the established procedures and proscribed authorities and the culture of secrecy that was characteristic for the discussions that were conducted in the last few years on the proposals of the regulations and the EU policies. A lack of political will keeps on being present, and therefore, there is no ground to assert that the right to access to information can be used efficiently to prevent corruption in the European Union institutions.
RUSSIA’S POWER AND COMPETITIVENESS
The revival of the Russia’s power and improvement of the country’s competitiveness are declared as the main goals of the present Russian administration. The evolution of the Russian power from the early 19th until the early 21st century is presented in the first section of this article. The analysis reveals why the present-day Russia is far weaker than in the 1970s when the Soviet power was bigger than the American one. The position of Russia in the rating of the global economic competitiveness is a key issue of the second section. In the final section the Russia’s goals for the future are discussed.
Key words: national power, economic growth, global competitiveness, political regime and country’s competitiveness, economic liberties and political democracy, Russian future goals
EU REGIONAL APPROACH TO THE WESTERN BALKANS - THE HUMAN SECURITY DIMENSION
The human security dimension has been defined as a “freedom from want and freedom from fear”, with the aim to identify the key security issues that the region is facing and to assess the EU foreign policies in parallel. This aim was also directed towards articulating the proposals for a more coherent and effective approach to the Western Balkans transition to a stable democracy. The assumption of this article rests on the fact that the spillover of the soft security issues into the hard security agenda of the Western Balkans has not been properly managed and it requires a revision of the current EU regional approach.
Key words: European integration, European Union, human security dimension, regional co-operation, Stability Pact for the South Eastern Europe, Western Balkans
PORTFOLIO MANAGEMENT APPROACH IN TRADE CREDIT DECISION MAKING
The basic financial purpose of an enterprise is maximization of its value. Trade credit management should also contribute to realization of this fundamental aim. Many of the current asset management models that are found in financial management literature assume book profit maximization as the basic financial purpose. These book profit-based models could be lacking in what relates to maximization of enterprise value. The enterprise value maximization strategy is executed with a focus on risk and uncertainty. This article presents the consequences that can result from operating risk that is related to purchasers using payment postponement for goods and/or services. The present article offers a method that uses portfolio management theory to determine the level of accounts receivable in a firm.
Keywords: maximization of enterprise value, trade credit management, incremental analysis, portfolio management theory analysis
THE ROLE OF MONEY IN MONETARY POLICY DESIGN OF MODERN CENTRAL BANKS
This paper considers the role of money, particularly the role of monetary analysis in monetary policy-making. During the last three decades, many central banks changed their monetary policy considerably. In the late 1970s, money and the long-run effects of its movements on inflation were in the center-stage of economic policy. Given the breakdown of the relationship between monetary aggregates and goal variables such as inflation, many countries in the world have recently adopted inflation targeting as their monetary policy regime. The direct control of money supply lost importance. Central bankers operate in an environment of high uncertainty regarding the functioning of the economy. In such a complex environment, a single model or a limited set of indicators is not a sufficient guide for monetary policy. Monetary aggregates continue to be an important indicator variable, concludes the author.
Keywords: monetary policy, central bank, inflation, monetary aggregates, monetary analysis
ANTI-TERRORIST PREVENTION OF THE STATE
The article considers the significance of the commitment of the state and its factors and forces in preventing the perpetrators of terrorism to manifest themselves in a violent way. The author takes as a starting point the fact that terrorist collectivities make great efforts to take their primary victim (state) by surprise. The response of the state should result in the efficient protection from this danger. The author considers subjective and objective limitations the anti-terrorist forces of the state are facing in the protection of the state from the terrorist surprise. This, among other things, results in porosity of the anti-terrorist prevention in some of its aspects. The volume and character of possible detrimental effects on the security of the state for the occasional porosity of the anti-terrorist prevention is treated within a separate chapter.
Key words: terrorism, terrorist collectivity, terrorist challenge, risk and threat, surprise, protection from the terrorist surprise and porosity, prevention of the state.
INSTITUTIONAL AND INFRASTRUCTURE BARRIERS TO COMPETETIVENESS OF THE REPUBLIC OF SERBIA
The analyses of the process of transition in Serbia, made by some international institutions and organisations, have shown that the fundamental problems in our economy are ineffective institutions and necessity of overall infrastructure changes. The author considers that any significant economic growth in Serbia in the future is unrealistic in the unfavourable macro- and microeconomic business environment. She emphasises the necessity to implement institutional and infrastructure reforms, which should be the first postulate for growth of productivity and competitiveness of enterprises and national economy.
Keywords: Serbia, transition, infrastructure reforms, economic growth, productivity, competitiveness