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EVOLUTION OF STATE COMPETENCE ON ACCOUNT OF SOVEREIGNTY IN AIR SPACE

100%
Polkowska M.
Ius Novum
|
2009
|
issue 1
116-141
EN
The aim of this article is to show how the concept of state sovereignty develops in the present era of fast progress in technology and aviation industry. It is worth asking a question about the influence of such trends as regionalization, privatization and globalization, and even terrorism in air traffic on the modern concept of sovereignty. The authoress discusses and analyzes the process of evolution of the concept of state sovereignty in the air space taking into account all the available literature which, that is worth mentioning, refers mainly to the concept of sovereignty as understood in the international law and not only aviation law. The results of the analysis done by the authoress are the final conclusions. It can be noticed that states slowly and in different ways renounce the concept of sovereignty of the Chicago Convention but they take into account the rule of open skies. Other states maintain the model of absolute sovereignty. One of the reasons is the fact that economic forces for the change in the international air traffic encounter various barriers. In other economic sectors (car manufacturing, power industry) interests are represented by big multinational companies which calculate prices on their own and exploit opportunities and challenges which arise. Some of them are attractive attributes of state sovereignty. They have mainly economic background. You can agree with the statement that there is no transformation of sovereignty in air space, there is only evolution of state sovereignty performance. Others think that the sovereign's role is to guarantee security. If international law was strengthened by security, then the sovereign should delegate sovereign's functions to an international body. Nevertheless, it will be very difficult to talk about the traditional understanding of sovereignty. But there are also many opinions that delegating sovereignty does not mean it will stop existing. It also seems that in practice the concept of air sovereignty of a state and state competence on account of air ship belonging lose their importance in some sense. They are the main criteria for the international aviation law but they give way to functional criteria. As a result, it seems that the traditional concept of sovereignty is in the process of transformation; weak states' sovereignty is becoming slack and sovereignty of economically developed countries and some international organizations is growing.
2

CLIMATE ACTIVISM, SOVEREIGNTY, AND THE ROLE OF STATES: ENVISIONING POST-NEOLIBERAL CLIMATE GOVERNANCE

80%
Volpi A.
Filozofia (Philosophy)
|
2023
|
vol. 78
|
issue suppl.
104 – 119
EN
This paper examines the relationship between climate movements and states in climate governance, suggesting that movements may improve their political output by adopting a sovereignty-based, democratic framing of their agenda. The ambivalent attitude of climate movements and Green Deal supporters concerning the desired role of states is reconstructed. Moreover, a multidisciplinary review of the literature supporting a “return of the state” in climate politics is offered. Drawing on the critical literature on neoliberal environmentalism and the role of states within globalization, as well as considering issues such as equality, accountability, and scale of the transition process, this paper advocates for a non-nationalistic, democratic understanding of sovereignty as crucial for an efficient and fair green transition. It particularly emphasizes the need to revive the distinction between public interest and private gain and provide a bridge between subaltern agendas and climate movements’ goals in order to successfully envision a post-neoliberal climate governance model.
3

SUVERENITA STÁTU VČERA A DNES – K DYNAMICE POJMU A HERMENEUTICKÝM POSUNŮM V JEHO CHÁPÁNÍ

70%
Hamuľák O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
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vol. 96
|
issue 3
222 – 239
EN
The article is devoted to the development of the understanding of the concept of state sovereignty from the initial period of its inception to the present time. Author’s aim is to highlight the dynamics in the understanding of this concept, which proves the notion of its continuous hermeneutic adaptation to the new social conditions. The concept of sovereignty can not be understood as a static concept, which did not change its content and definition over the years. The internal dimension of sovereignty is weakened by the development of the democratization of society, searching for legitimate sources of power, promoting the concept of substantive constitutional state. The external dimension is then modified in the context of deepening international cooperation and integration, with the creation of international rules for dispute resolution and the creation of integration groupings. The author responds to the current call for the federalization of the European Union (Speech by President of the European Commission Mr Barroso’s On the State of the Union 2012 presented in the European Parliament 12 September 2012), which opens the debate over disappearing sovereignty of the Member States of the European Union again. He points to the need for the open understanding of the concept, which allows us to create harmony between ambition of the supranational entity and interests of its basic units - the Member States.
4
Content available remote

Implementacja koncepcji odpowiedzialność za ochronę

61%
Zajadło-Węglarz P.
Międzynarodowe Prawo Humanitarne
|
2012
|
vol. 3
241-250
EN
The Responsibility to Protect concept has evolved from the debate about a ‘right to intervene’ that broke out in 1990s under the influence of events in Rwanda and Bosnia. After the intervention in Kosovo and later controversies over the legitimacy of NATO’s actions, Kofi Annan, the then Secretary-General of the United Nations, in his famous address at the General Assembly in 1999 brought into question the fundamental principles. Annan explained that the principles of sovereignty and non-interference offer vital protection to small and weak states, but at the same time emphasized that ‘if humanitarian intervention is, indeed, an unacceptable assault on sovereignty, how should we respond to a Rwanda, to a Srebrenica — to gross and systematic violations of human rights that offend every precept of our common humanity?’. The Secretary agreed that no legal principle — state sovereignty in particular — can ever shield crimes against humanity. Of course, armed intervention must always remain the option of last resort, but in the face of such mass murder as genocide it is an option that cannot be automatically relinquished. Gareth Evans and Mohamed Sahnoun founded the International Commission on Intervention and State Sovereignty. After one year the Commission published its ‘Responsibility to Protect’ report that was accepted by the Secretary-General on 18 December 2001. Despite the delicacy of the matter, Ban Ki-moon, the Secretary-General of the United Nations, has shown a great determination to promote this issue and to change the words into action. Currently we can observe worldwide deep enthusiasm for the in statu nascendi norm, Responsibility to Protect. Resolutions are being adopted, meetings are organized, special institutions and experts are nominated, debates during the meeting of UN bodies are held, and numerous scientific works concerning this issue are published. Most UN agencies that deal with human rights, development, peace, refugees and humanitarian work are aware that Responsibility to Protect is the idea they have to respect. It is a very dynamically developing concept — its time has just come!
5

INTERNATIONAL MIGRATION, EUROPE AND MIGRATION FROM AFRICA

61%
Liďák J.
Asian and African Studies
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2014
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vol. 23
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issue 2
226 – 254
EN
The study gives attention to the general characteristics of the international population migration with special focus on intercontinental migration from Africa to the European Union. Based on recent events on Lampedusa Island, in Malta and on the Greek islands, the author draws attention to the growing concern of the general public about the African “march” on Europe. He analyses the impacts of migration and argues that migration brings a large number of problems to European countries that fundamentally influence the politics of liberal-democratic nation-states and leads to the diversification and radicalisation of politics in Europe.
6

INTERNATIONAL MIGRATION FROM ASIA AND AFRICA – ISSUES AND CHALLENGES FOR EUROPE

51%
Liďák J.
Asian and African Studies
|
2016
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vol. 25
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issue 2
231 – 248
EN
This study pays attention to the phenomenon of international migration of the population from Asia and Africa to Europe, or more precisely to the European Union and attempts to point out that this is a category that brings a large number of problems to the political systems of European countries. In the case of population movement we can speak not only about the negatives, as the topic is presented in the current socio-political discourse, but we can also talk about the positives and benefits for receiving and sending countries. Positives and negatives are fundamentally influencing the policy of liberal-democratic nation states and this phenomenon is the cause of radicalisation and diversification of the policy in the European area.
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