Journal of Liberty and International Affairs https://e-jlia.com/index.php/jlia <p><span class="text14_333"><span class="blue16"><em>Journal of Liberty and International Affairs </em>is a triannual (3 issues per year), international, open-access, and peer-reviewed journal published by the<em> Institute for Research and European Studies. </em>It welcomes submissions from political sciences, international relations, international law, and related fields. The journal embraces multi- and interdisciplinary scholarship and comparative approaches. </span></span><strong>The journal is <a href="http://e-jlia.com/index.php/jlia/ia">indexed</a> in SCOPUS, EBSCO, DOAJ, CEEOL, SSOAR, ERIHPLUS, HeinOnline, ANVUR, Columbia International Affairs Online, ProQuest, UGC-CARE List Group II, etc.</strong></p> <hr /> <p>ISSN: <span class="grey121">1857-9760</span> (online)</p> <p><strong>Submit Paper by Email: contact@e-jlia.com</strong></p> <p><a href="https://e-jlia.com/index.php/jlia/about/submissions"><strong>Author Guidelines</strong></a></p> <hr /> en-US goran.eu@gmail.com (Goran Ilik) btsema@gmail.com (Aleksandar Kotevski) Fri, 18 Jun 2021 18:00:52 +0200 OJS 3.2.1.1 http://blogs.law.harvard.edu/tech/rss 60 Cover Page and Table of Contents https://e-jlia.com/index.php/jlia/article/view/289 <p><em>Journal of Liberty and International Affairs </em>is a triannual (3 issues per year), international, open-access, and peer-reviewed journal published by the<em> Institute for Research and European Studies. </em>It welcomes submissions from political sciences, international relations, international law, and related fields. The journal embraces multi- and interdisciplinary scholarship and comparative approaches.&nbsp;The journal is <a href="http://e-jlia.com/index.php/jlia/ia">indexed</a> in SCOPUS, EBSCO, DOAJ, CEEOL, SSOAR, ERIHPLUS, HeinOnline, ANVUR, Columbia International Affairs Online, ProQuest, etc.</p> Journal of Liberty and International Affairs Copyright (c) 2021 https://creativecommons.org/licenses/by/3.0/ https://e-jlia.com/index.php/jlia/article/view/289 Fri, 18 Jun 2021 00:00:00 +0200 GLOBAL HEALTH GOVERNANCE POST-COVID-19: TIME FOR A HIERARCHICAL ORDER? https://e-jlia.com/index.php/jlia/article/view/291 <p><em>The COVID-19 has renovated the debate about global health governance. Many scholars have proposed that the World Health Organization (WHO) should assume the position of a central coordinator with hierarchical powers. This article presents four main objections to this project: the problems with ‘one-size-fits-all’ policies, the heterogeneous distribution of power within multilateral institutions, the risks of crowding out parallel initiatives, and the democratic principle. Testing the WHO’s ability as a provider of technical information, an OLS regression, analyzing the first year of the coronavirus health crisis, from January 2020 to January 2021, in 37 countries reported in the World Values Survey Wave 7, shows a negative relationship between the population trust in the WHO and the number of cases of COVID-19. This indicates that there is a valid case for countries to strengthen the WHO’s mandate, but not to create a hierarchical global health structure.</em></p> Jean Vilbert Copyright (c) 2021 https://creativecommons.org/licenses/by/3.0/ https://e-jlia.com/index.php/jlia/article/view/291 Fri, 18 Jun 2021 00:00:00 +0200 THE SECURITY CHALLENGES OF EUROPEAN DEMOGRAPHICS AND POLITICS CAUSED BY THE MODERN MIGRATION CRISIS https://e-jlia.com/index.php/jlia/article/view/292 <p><em>The paper aims to analyze the ongoing situation in the European Union member countries caused by modern migration flows. It shows the real impact of refugees and migrants on European demography. It describes the future scenarios of global demographic and social challenges, which lead to the socio-economic and political crisis, and the failure of European political elites. The study mainly is based on the following research methods: descriptive, statistical, and analysis. The basis of the source represents the books, scientific articles, empirical and press materials, documents published on official websites in the field of migration policy. The essence of the modern migration in Europe became very acute since the current migrants are mostly followers of Islam, which in all its aspects and completeness is currently one of the most urgent topics, and draws the special attention of political circles and international clubs. Muslims in Europe are, first, immigrants whose influx into the European continent has seriously changed its demographic picture and political situation. In this regard, it should be said that the growing number of Muslims in Europe is causing certain demographic challenges that significantly affect the European socio-cultural situation, and lead to the financial and political crisis. </em></p> Emilia Alaverdov Copyright (c) 2021 https://creativecommons.org/licenses/by/3.0/ https://e-jlia.com/index.php/jlia/article/view/292 Fri, 18 Jun 2021 00:00:00 +0200 LEGITIMISATION OF AUTOCRACY IN TURKEY AND RUSSIA THROUGH THE REVIEW OF THE CONSTITUTION https://e-jlia.com/index.php/jlia/article/view/293 <p><em>The review of the constitution emanates from the constitution, from the institute of constitutional review of which the latter is closely related to the dynamic processes in society as well as with the demand for sustainable stability, stability which very well it may be economic, political or social, national or international, the stability that affects even the constitutional order itself in a state. In this article, we will address the constitutional changes, the amendments over the years In Turkey and Russia which are 'proof' of the violation of the constitutional order, 'proof' of the impinging of democracy and stability in the country. Through this article, we will see that the constitutional system, rule of law, democracy or its consolidation, the stability in the country to a large extent are influenced by the way it is conducted the constitutional review process. The application or non-application of this instrument has multi-dimensional effects, negative, destabilizing ones.</em></p> Etleva Paplekaj Copyright (c) 2021 https://creativecommons.org/licenses/by/3.0/ https://e-jlia.com/index.php/jlia/article/view/293 Fri, 18 Jun 2021 00:00:00 +0200 SOUTH AFRICA’S MIGRATION DYNAMICS: FROM SEGREGATION TO INTEGRATION https://e-jlia.com/index.php/jlia/article/view/294 <p><em>Migration is an extremely complex and sensitive concept. The main research purpose is the migration phenomena from the perspective of integration policies adopted by the country of destination concerning the process of cross-border immigration. In this research, we used as a case study the events in South Africa from 2014 until 2019. We chose this country because of its economic development, relative prosperity being one of the main reasons why migrants chose this country. The government is obliged to rethink its policies regarding the status of migrants. Using a qualitative approach, we used four levels of analysis (access to education, labor market, healthcare, political participation) to conduct an exploratory study on how South Africa’s government manages the integration policies. Using official documents and media articles we tried to determine the main characteristics of public policies in regards to integration in terms of social, economics, and politics. </em></p> Bianca-Anastasia Ionel, George Mihai Constantinescu Copyright (c) 2021 https://creativecommons.org/licenses/by/3.0/ https://e-jlia.com/index.php/jlia/article/view/294 Fri, 18 Jun 2021 00:00:00 +0200 GENDERIZING OF THE PARTICIPATION RIGHT IN THE DECISION-MAKING PROCESS: THE ELECTORAL QUOTA AND FEMALE LEADERSHIP IN ALBANIA https://e-jlia.com/index.php/jlia/article/view/295 <p><em>This paper is focused on the Albanian electoral system, its total inclusion approach, protection and promotion of gender characteristics, historical and legal developments on the gender quotas necessity, the comparison in time and space, the barriers and opportunities to promote gender politics in public and social area in Albania. The methodology will consist of a comparative analysis of legislation, the international legal framework, recommendations of international institutions, policy papers on identifying the causes why higher gender representation in politics produces estimated results in the public area, social and economic development. Analysis of the circumstances, historical periods, social and economic impact in legal amendments would be another methodology component. Gender quotas provide a critical minority of women, from 20% to a gender balance of 50%, either as an education of the community to face with real gender balance in common life.</em></p> <p><em>&nbsp;</em></p> Evis Garunja Copyright (c) 2021 https://creativecommons.org/licenses/by/3.0/ https://e-jlia.com/index.php/jlia/article/view/295 Fri, 18 Jun 2021 00:00:00 +0200 GEORGIAN ETHNOPOLITICAL CONFLICT AS A SUBJECT OF CONFRONTATION BETWEEN THE USA AND RUSSIA https://e-jlia.com/index.php/jlia/article/view/296 <p><em>Since 2009 Russia has increased its military forces in Abkhazia and South Ossetia and pursued the policy of ‘creeping annexation in the occupied territories of Georgia. Today, 20% of Georgian territories are occupied by the Russian Federation. The Russian-baked separatists continuously erect barbed-wire border posts in one of the occupied regions of Georgia-South Ossetia and detain Georgian people, under the pretext of ‘illegally crossing the border’. Fundamental rights of the local population are violated daily since the occupants install barbers through people’s houses, gardens, and cultivated lands. Innocent citizens are forced to leave their homes, belongings, and cultivated lands that are left beyond the occupants’ demarcation line. The paper argues that along with other global challenges of the world, the USA-Russia clashes of interests are also found with the Georgian conflicts. While Washington hugely supports Georgia’s territorial integrity and welcomes its Euro-Atlantic aspirations, the Russian Federation, on the contrary, prevents the aforementioned process and directly opposes Georgia’s integration into NATO. The USA condemns Russia’s creeping annexation of Georgian territories and continuously calls on Russia to respect the sovereignty and territorial integrity of an independent country. Furthermore, the USA-Russia relations have considerably deteriorated following Russia’s military intervention in Georgia and the recognition of Abkhazia and South Ossetia as independent states.</em></p> Ekaterine Lomia , Loid Karchava Copyright (c) 2021 https://creativecommons.org/licenses/by/3.0/ https://e-jlia.com/index.php/jlia/article/view/296 Fri, 18 Jun 2021 00:00:00 +0200 MINORITY RIGHTS IN CENTRAL ASIA: INSIGHTS FROM KAZAKHSTAN, KYRGYZSTAN, AND UZBEKISTAN https://e-jlia.com/index.php/jlia/article/view/297 <p><em>This paper explores the state of minority rights in the three Central Asian countries of Kazakhstan, Kyrgyzstan, and Uzbekistan. These countries share a lot of similarities in terms of their post-Soviet authoritarian legacy and weakness of democratic institutions. The repressive political landscapes of the Central Asian states have taken their tolls on minority groups, leaving them discriminated against, mistreated, and severely disadvantaged. Minority rights violations range from ethnic and religious discrimination to state-sponsored homophobia. Even though the leadership changes have positively affected the state of human rights in the three countries, there is still a slow pace of reforms. Overall, domestic changes in Uzbekistan, Kazakhstan, and Kyrgyzstan have not yielded considerable results so far in terms of alleviating the plight of minority groups across these countries.&nbsp; </em></p> Aram Terzyan Copyright (c) 2021 https://creativecommons.org/licenses/by/3.0/ https://e-jlia.com/index.php/jlia/article/view/297 Fri, 18 Jun 2021 00:00:00 +0200 REFOULING ROHINGYAS: THE SUPREME COURT OF INDIA'S UNEASY ENGAGEMENT WITH INTERNATIONAL LAW https://e-jlia.com/index.php/jlia/article/view/298 <p><em>T</em><em>he complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case of Mohammad Salimullah v. Union of India, which involves the issue of deportation of Rohingya refugees from India, represents a challenge in this regard owing to the lack of clarity as to India’s obligations under the principle of non-refoulement. The paper uses the Supreme Court’s recent interim order in the said case as a case study to examine India’s engagement with international law. It argues that the order inadequately examines the role of international law in constitutional interpretation and has the unfortunate effect of ‘refouling’ Rohingyas by sending them back to a state where they face imminent persecution. </em></p> Malcolm Katrak , Shardool Kulkarni Copyright (c) 2021 https://creativecommons.org/licenses/by/3.0/ https://e-jlia.com/index.php/jlia/article/view/298 Fri, 18 Jun 2021 00:00:00 +0200 THE ROLE OF THE JUDICIARY IN RECOGNIZING AND IMPLEMENTING INTERNATIONAL LAW: A COMPARATIVE ANALYSIS WITH SPECIAL REFERENCE TO SRI LANKA https://e-jlia.com/index.php/jlia/article/view/299 <p><em>International law had had a profound impact and influence on the domestic legal system in the contemporary world. However, the status of international law within the domestic legal system is not properly defined in many of the jurisdictions including Sri Lanka. In the absence of such a constitutional provision, the judiciary as the last bastion of hope has a responsibility of interpreting domestic law in light of the international standards that have been agreed upon by the country through ratification of international treaties and those principles of customary international law that has become binding on the country. However, too much judicial activism could jeopardize the constitutional fundamentals of separation of powers and the rule of law. Therefore, this study argues that the best way to resolve this issue is by providing a constitutional provision for the role of the judiciary in the recognition and implementation of international law in a domestic context. Using a qualitative methodology with a comparative analysis of the constitutional provisions of the selected jurisdictions of India and South Africa a proposal is made for a constitutional provision for the judicial role in the recognition and implementation of international law in Sri Lanka. The results have revealed that a constitutional provision would help to advance the separation of powers and the rule of law and to well define the role of the judiciary in absorbing international treaty law to the domestic sphere, making the law more certain and predictable and upholding the rights and duties of individuals in a domestic context while fulfilling international obligations of a country under the domestic legal system.</em></p> K.A.A.N. Thilakarathna Copyright (c) 2021 https://creativecommons.org/licenses/by/3.0/ https://e-jlia.com/index.php/jlia/article/view/299 Fri, 18 Jun 2021 00:00:00 +0200 THE EUROPEAN UNION AND BREXIT: ANALYSIS FROM THE PERSPECTIVE OF THE VISEGRAD GROUP COUNTRIES https://e-jlia.com/index.php/jlia/article/view/300 <p><em>The article aims to analyze Brexit from the perspective of the Visegrad Group countries in the context of the future of the European Union. Addressing this issue is important from the point of view of assessing the role of the EU for the Visegrad countries. The main thesis of the research is that Brexit will not lead to a reform of the EU in the coming years, which is what some of the Visegrad Group countries are trying to do. The article is provocative, because, during the migration crisis, the Visegrad Group was shown as a brake on the European integration process. After Brexit, it was considered that some of EU Member States could follow Great Britain and leave the EU. The article complements the scientific achievements in this field, as it presents the view from the country of Central and Eastern Europe.</em><em> </em></p> Adrian Chojan Copyright (c) 2021 https://creativecommons.org/licenses/by/3.0/ https://e-jlia.com/index.php/jlia/article/view/300 Fri, 18 Jun 2021 00:00:00 +0200 EXECUTION OF IMPRISONMENT SENTENCED BY JUDGMENT OF THE INTERNATIONAL CRIMINAL COURT https://e-jlia.com/index.php/jlia/article/view/301 <p><em>One of the current issues of criminal law, in general, is the issue of execution of a criminal judgment sentenced by the international criminal court (ad hoc or permanent international criminal court). The issue is ongoing because international criminal courts do not have their institutions for the enforcement of criminal sanctions they impose, but are, in that regard, instructed to cooperate with states that express readiness to execute criminal sanctions - imprisonment sentences imposed by an international criminal court in their prison facilities. Among the numerous issues related to this issue, the paper analyzes only those related to the legal basis for standardization, conditions<strong>,</strong> and manner of execution of a prison sentence imposed by an international criminal court. </em></p> Dragana Cvorovic, Hrvoje Filipovic Copyright (c) 2021 https://creativecommons.org/licenses/by/3.0/ https://e-jlia.com/index.php/jlia/article/view/301 Fri, 18 Jun 2021 00:00:00 +0200 THE IMPORTANCE OF FINANCIAL EDUCATION FOR THE BANK CLIENTS’ PROTECTION IN KOSOVO https://e-jlia.com/index.php/jlia/article/view/302 <p><em>Technological developments are not easily understood even by people who have advanced education and this leaves much to be expected for other groups. Financial services and banking products are also ‘complicated’ for professionals, not to mention the ordinary client. As a result of the features of financial products and services, especially banking, information is required as an initial form of knowledge of these services and products, and this information is intensified through a constant process such as education. Hence, this article argues how financial education is performed in Southeast Europe and even in the EU. This article also elaborates on the financial education in Kosovo concerning the protection of banking clients’ rights, taking into account the financial education practices from which the Kosovo system can benefit.</em><em> </em></p> Fitim Gashi, Bedri Peci Copyright (c) 2021 https://creativecommons.org/licenses/by/3.0/ https://e-jlia.com/index.php/jlia/article/view/302 Fri, 18 Jun 2021 00:00:00 +0200