Affairs Of State Research Articles

National sovereignty in light of international intervention

The Charter of the United Nations prohibits the use of force and stipulates two principles in international relations, namely the sovereignty of States and non-interference in the internal affairs of States. Intervention is illegal. In fact, the principle of non-intervention poses problems, especially when it comes to human rights, intervention in order to spread or protect democracy, intervention to confront the spread of weapons of mass destruction and international terrorism, or in order to change political regimes or liberate peoples and others. Accordingly, the sovereignty of states under international intervention is threatened by a number of dangers, and it is feared for the future of national sovereignty, especially after being overruled by the international institutions that sponsor international legitimacy. Sovereignty is the legal basis of the state, which by violating it, the role of the nation-state dissolves, and national loyalty to other concepts is affected, as well as its inability to control its economic resources and the decline of social justice.

Kant on the Despotic Danger of a World State

Abstract In this article, I argue that Kant’s real reason for rejecting a world state in practice is that a world state would be in greater danger of despotism than individual states. Kant hopes that public participation and self-enlightenment of the people in the public sphere could counter the despotic danger in individual states. However, in a world state, state affairs are too distant from the lives of individuals, making it difficult for individuals to maintain enthusiasm for public discourse and political enlightenment. Moreover, the absence of external competition and the risk of war would eliminate the incentive of the ruler to preserve freedom for the development of industry and commerce and, consequently, for the enlightenment of the people. These defects make it more difficult for a world state to resist despotic danger.

From Charles V to Philip IV of Spain: the concepts of Monarchia Universalis and Catholic Monarchy

ABSTRACT This text discusses the European system in the modern age, describing the concept of ‘state’ as an object bounded by property rights and its owner’s jurisdiction. In order to maintain the state, it was necessary to keep the inhabitants in a state of submission, through either persuasion or force. State policy consisted in preserving the possessions of the state, improving and increasing it, combining statecraft with the subjects and concert with other state-holders. States were not autonomous units, but domains, and state affairs concerned ways of increasing or maintaining their ownership. When two princes married, they united their states and created a new political and institutional framework, with each spouse taking on the conflicts and alliances of his or her partner, creating entirely new situations. Each peace treaty or alliance was solidly sealed with a dynastic union, as can be seen in the example of the rise of the House of Habsburg, which became the first European power after integrating the inheritances of three great lineages: the Austrian Habsburgs, who contributed fiefdoms and states in Central and Eastern Europe, the House of Burgundy, who contributed states in France and the Low Countries, and the House of Trastámara, who contributed the kingdoms of Castile and Aragon.

Exploring the Dimensions of Religious Freedom: A Global and Comparative Analysis

Religion constitutes a fundamental aspect of the cultural and spiritual lives of individuals globally, encompassing an array of traditions, rituals, and practices. Within the context of liberal democracy's evolution, religion emerges as a critical element of political liberty and personal conscience. On an international scale, the right to religious freedom has been established as a core human right, essential for the sustenance of democratic governance. Despite its recognition, the right to religious liberty remains a highly contentious issue. Even in democracies that provide constitutional protections for religious freedom, debates persist regarding the extensive interpretation and implementation of this right, particularly concerning the rights of religious minorities within these nations. This study explores the concept of religious freedom as a globally recognized right, examining its representation and interpretation across various international and regional legal frameworks. Through this analysis, the paper endeavors to provide a comprehensive overview of religious freedom on both a global and regional scale. Furthermore, it delves into the state of religious freedom in various political systems, ranging from democracies such as United States to theocracies and monarchies like the United Kingdom and countries characterized by a strict demarcation between religion and state affairs, exemplified by France's secularist approach.

Параллельный импорт как актуальная проблема правового обеспечения государственного регулирования предпринимательской деятельности

The significance of this research topic emerges from the evolution within the legal framework support-ing state regulation of entrepreneurial activities, alongside significant shifts in the economic sphere of state affairs. These shifts prompt a legislative response to new challenges. A focal issue is the cessation of partnerships between Western corporations and the Russian market, coupled with the rise of «parallel imports». This phenomenon entails the legal purchase of goods listed by the Ministry of Industry and Trade from abroad, even if they originate from countries that lack amicable ties with Russia. The purpose of the study is to consider one of the urgent problems of legal support for state regulation of entrepreneurial activity – the legislative technique of legalizing parallel imports. Materials and methods. The research materials were normative legal acts of the Russian Federation, monographic studies and scientific articles by domestic theorists and practitioners on the legal support of state regulation of entrepreneurial activity. The main methods of scientific research include the normative and comparative legal method. Results and conclusions. It should be noted that the system of legal regulation of parallel imports and exemption from liability of the business sector for its implementation has formed a number of problematic issues in practice. In particular, according to legislative innovations, the ban on the use of intellectual property objects through their parallel import is a thing of the past, however, the wording and legal structure of the changes that have entered into force are of concern, the literal interpretation of which allows us to conclude that at the moment any entrepreneur can freely adapt the methods of acquiring intellectual property objects of foreign rightholders for further resale whose product is subject to parallel import, which does not correspond to the main objectives of the law. In general, considering the controversial nature of parallel imports, it should be concluded that this procedure is not new to international legal doctrine and is applicable in the civil turnover of many countries. The purpose of legalizing parallel imports is seen in providing support to the domestic business sector through limiting a number of economic benefits for foreign producers, which is temporary.

Vater – Land – Liebe

Abstract The article discusses in which ways Catherine Bernard reflects in her tragedy Brutus the aporias of the Roman-Republican usus as well as its habitus by staging the famous episode of the roman history in which Brutus sacrifices his two sons – Titus and Tibérinus – for the sake of the Roman Republic. Bernard introduces in her play the character of Valérie, the sister of the consul Valérius, in order to present a moral counterpart to the masculine Roman ethics. By doing this, Bernard’s tragedy constitutes a turning part in the history of the French classicist theatre: her Brutus sets an end to a specific classicist poetics that focusses on state affairs and introduces at the same time a new poetical concept: a civil classicism.

AN EVALUATION OF THE KOSOVO CRISIS AND NATO INTERVENTION USING THE BASIC PRINCIPLES OF REALISM (NEO-CLASSICAL REALISM)

Concerning the inter-ethnic wars and conflicts that occurred in the former Federal Republic of Yugoslavia (FRY), one of the longest and most critical was the inter-ethnic conflict between the Albanians of Kosovo and the Serbs. Particularly, the most prominent humanitarian crisis that this paper will deal with refers to the period of 1998- 1999. Both; The Kosovo Liberation Army (KLA) and the Armed Forces of the government of Serbia might be classified in the ranks of “defensive realism”. The KLA was struggling to protect the Albanian civilian population from the Milosevic regime, whereas Serbia was committed to preserving and attaining its national security. In addition to this, there stands the principle of the security dilemma, since the KLA was declared a terrorist organization by the state organs at that time. On the other hand, NATO's intervention in Kosovo, even though being missioned for the protection of human values, additionally aimed for its geopolitical and hegemonic strategies in the world of anarchic international political system. Yet, in the theory of international relations, this might be classified as a structure of offensive realism. The main purpose of this article is to investigate the position of realism claiming that; the exclusive monopoly in the use of power belongs to states. In addition, this study aims to unfold the criticisms that realism uses against any foreign interference in domestic affairs. Yet, states are major actors in the anarchic global system that possesses a sole monopoly towards their people and sovereignty. Any kind of domestic disturbances and intervention from abroad is strongly condemned and violates the principle of non-interference in the internal affairs of other sovereign states.

Institutional and legal prerequisites for the formation of the highest authorities of the Ukrainian People’s Republic of the Directory period during the Hetmanate (May 21 - December 14, 1918): historical and legal research

A historical and legal study of the institutional and legal prerequisites for the formation of the highest authorities of the UPR during the Directory during the Hetmanate (May 21 – December 14, 1918) was carried out. The process of formation of bodies that have gone through the evolution from public to the highest state bodies of the UPR during the Directory, began during the functioning of the Ukrainian State. The struggle for the restoration of the UPR was carried out by: the Ukrainian National Union, the Directory, the Council of Heads of State Affairs, the Council of Commissars, the Revolutionary Committee. Of greatest importance in the struggle against the Hetman was the creation of party and trade union organizations on May 21, 1918. Ukrainian National-State Union, which in August 1918 was renamed the Ukrainian National Union – an alternative public body to the existing state apparatus, which claimed to be transformed into a constituent state power. The directory was created on November 14, 1918. Ukrainian National Union. Links of this public institution were: the head of the Directory and members of the Directory, one of whom was the Chief Ataman. At the beginning of December 1918 departments were established under the Directory. In the process of struggle for the creation of the UPR in December 1918 the Council of Commissars was created – a public authority, which in fact was a prototype of the executive body of the UNR. After the abdication of power by the Hetman of Ukraine on December 14, 1918 The Directory, the Council of Commissars acquired the legal status of the highest bodies of state power of the UPR. Soon, instead of the Council of Commissioners, the Directorate created the Council of People’s Ministers – the government of the UPR. The formation of the UPR during the Directory was facilitated by the revolution in Germany, the support of the Entente. The stage of the struggle between the supporters of the Directory and the Hetman (May 21 – December 14, 1918) can be considered as the preparatory stage for the formation of the highest authorities of the UPR during the Directory, which was imposed on the period of the existence of the Ukrainian State.

Profile of human rights defenders in the Maghreb: the case of the Tunisian human rights league

ABSTRACT Since the 1980s, human rights activists have constituted political agenda-setting groups in the Maghreb countries, mainly following the international turn towards human rights in the post-Cold War decades. Despite this fact, only scarce attention has been paid to their social and professional background. The article explores this topic and provides hitherto unpublished data about the first generation of human rights activists in Tunisia, in particular the members of the Tunisian Human Rights League (LTDH). Its members were a product of post-colonial Tunisia’s investment in (higher) education, teachers and professors, white-collar public servants, lawyers, doctors and journalists. They formed a committed, intellectual elite concerned with relationship between the state and citizens, seeking to influence public policies, carve out public, independent political spaces and get a share in the management of state affairs. Factual evidence surrounding human rights activists in Morocco and Algeria suggests they shared the same characteristics as LTDH members. Given the human rights situation in the Maghreb countries, the article suggests more research should be done about how human rights activists could more effectively link-up up with moral activism of social–professional groups that are absent from the human rights organisations.

The Essence and Legal Nature of Political Rights and Freedoms in the System of Other Human Rights

Examines the essence and problems of determining the legal nature of political rights and freedoms in the system of other human and civil rights from the point of view of the theory of natural and positive human rights; The doctrines of scientists regarding the classification of political rights, their criteria, correlation with personal, socio-economic rights are revealed within the framework of constitutional legal personality. The author concludes that, unlike other fundamental rights, political rights and freedoms, while not being absolute rights, are mainly associated with the institution of citizenship; implemented in an individual and collective format, and the essence of these rights depends on the level of development of the democratic mechanisms of the state, in creating the necessary conditions for the active participation of citizens in the management of affairs of state and public importance.

A review of the legitimacy of FIFA’s participation in Qatar’s human rights governance

ABSTRACT Respecting and protecting human rights is one of the fundamental principles stipulated in the FIFA Charter. In the case of labour issues in Qatar, there is a legality issue with FIFA’s participation in Qatar’s human rights issues. FIFA has not clarified either its legal status or responsibilities in participating in human rights governance. FIFA claims that its involvement is based on the International Bill of Human Rights and the United Nations Guiding Principles on Business and Human Rights, but neither of these gives FIFA the right to directly intervene in the human rights affairs of other sovereign states. Therefore, it is necessary to review the legal insturments of the human rights sanctions imposed by FIFA in the Qatar case and deduce from various legal documents those activities in which FIFA is entitled to engage, and the role it had played and would play in human rights issues deduced from the FIFA’s practice in Qatar.

Contribution and involvement of Hazbans in islamic civilization(648_923H/1250_1517AD), Bahri and Charkas mamluks era as an illustration

Al-Hazbany played a significant role in building and managing authority during the Middle Ages, establishing a Kurdish emirate within the Islamic state. Their influence extended beyond their homeland, as they journeyed thousands of kilometers towards Egypt and the Levant, actively participating in state affairs. Notably, the tribe made substantial contributions to scientific development, particularly during the eras of the Bahri Mamluks and Circassian kingdoms. The research comprises an introduction and two sections. The introduction sheds light on the origins of the Al-Hazbany tribe, their geographical presence, and their early political engagements, Especially in the Kurdistan regions, because they started their first political and military uprising in Kurdistan. The first section explores the multifaceted role of the tribe in the Bahri Mamluks kingdoms, covering administrative, scientific, religious, and literary aspects, Because with the disappearance of Ayyubid rule, the Hazbanis continued to provide scientific and administrative services. In the second section, the focus shifts to the Circassian kingdoms, providing insights into the administrative and scientific roles of the Hazbanys and their significant contributions to reconstruction. We note that during this period the Kurdish Hazbanis paid attention to the aspect of prayer، for example, the construction of mosques, scientific sites and even places known by their names, but it is not known why they were used.

Modernisasi dan Sekularasi Pemikiran Islam di Indonesia

The two key ideas in the evolution of Islamic thought in Indonesia are modernization and secularization. Modernization is an effort to keep Islamic teachings up-to-date and relevant to the changing times, while secularization is the division of religion and state affairs. The purpose of this study is to analyze how modernization and secularization have influenced Islamic thought in Indonesia. The research method used is qualitative with literature study. Primary data sources used are books (especially recommended for scientific work), recognized scientific publications, and student research findings in various formats, including theses, dissertations, practicum reports, and so on. Meanwhile, secondary data sources are obtained through previous research that has been carried out by previous research. The data analysis technique used is by data reduction which aims to conclude the results of the entire study. The results of the study show: First, if modernization and secularization have brought significant changes in Islamic thought in Indonesia, it shows that modernization encourages Muslims to adopt a rational mindset and be able to adapt to the progress of the times. Meanwhile, secularization helps Muslims in Indonesia to separate religious affairs from politics, thus allowing them to contribute more effectively to the development of the country. Second, modernization brings significant social changes, including changes in social structures, behavior patterns, and social interactions. Social change can occur suddenly or gradually, involving the active participation of community members. Globalization accelerates the modernization process by spreading ideas and cultures from Western countries to the rest of the world. Third, the relationship between Islam, modernization, and secularization is a complex and ever-evolving phenomenon, with diverse views and interpretations from various figures and thinkers.

KEDUDUKAN DAN HUBUNGAN TRIUMVIRAT MENTERI SEBAGAI PELAKSANA TUGAS KEPRESIDENAN DALAM SISTEM KETATANEGARAAN DAN KEMENTERIAN NEGARA REPUBLIK INDONESIA

This research aims to examine the position of the triumvirate of ministers in the constitutional system of the Republic of Indonesia and examine the relationship between the triumvirate of ministers as executors of presidential duties in the State Ministry system of the Republic of Indonesia. The type of research used in this research is normative legal research. The research results show that the position of the triumvirate of ministers in the constitutional system of the Unitary State of the Republic of Indonesia has been regulated in the third amendment to the 1945 Constitution of the Republic of Indonesia, namely Article 8 paragraph (3) which regulates more detailed rules in the event that the President and Vice President are absent. Then the reason why the ministers of the Triumvirate carry out presidential duties is because they are considered to understand the ins and outs of government affairs. The solution offered by the author is that the President and the People's Representative Council need to make derivative regulations for the implementation of Article 8 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia and a change needs to be made in Law Number 39 of 2008 concerning the Ministry of State Affairs.

Principles of public service: system-activity dimension

A system of principles of public service has been formed, which consists of three principle blocks. International principles of public service: supremacy of law; legality; effectiveness; objectivity; impartiality; justice; virtue; public activity regarding the management of state affairs, in particular those related to entry into public service, its completion and legislative support; balance of public and private interests when making decisions; transparency (passing public service and activities of public servants); responsibility of public servants to the population and the state for their professional activities; publicity, which involves the mandatory publication of open information about the work of public servants, etc. Principles of public administration: a) organizational; b) functional; c) targeted; d) accommodative. Legal principles: a) general principles of law (humanism, democracy, separation of powers into legislative, executive and judicial, legal certainty, presumption of innocence, proportionality, equality, legal responsibility; b) principles of administrative law (openness and transparency, flexibility, compliance human rights and freedoms, efficiency, prohibition of arbitrariness, innovation, competence, accountability and control, priority of laws of Ukraine and international documents regulating administrative and legal relations, social cohesion, stability and long-term orientation); c) special principles of law that regulate the passage of service by certain categories of public servants (equal access to public service, choice, patriotism, people's power, loyalty to constitutional duty and oath in case of taking it, state support, observance of official (executive) discipline and professional ethics, independence, failure to comply with illegal orders and instructions, consolidation of state and local interests, readiness for prompt performance of official tasks).

Foreign interference as a form of interstate competition: types and motives

The revival of the “great power competition” as a modern-day paradigm of international relations boosts certain forms of interstate rivalry that can be simultaneously effective and correspond to certain levels of acceptable cost-benefit balance. This includes the phenomenon of foreign interference into the domestic affairs of sovereign states. Research on this topic by foreign and Russian authors can be divided into two closely intertwined, but problematically different blocks: the former make attempts to theoretically understand the very concept of “interference”, while the latter focuses primarily on the phenomenon of “interference” as an element of strategic competition. While the former is primarily focused on clarifying the “contents” of the interference, the latter, in essence, is devoted to understanding its “form” with an emphasis on the actions of states. This paper seeks to determine the place of “interference” within the overall framework of interstate rivalry, to clarify the content and the definition of the very concept. It seeks to identify the motives for interference, construct their hierarchy, pair them with types of actions, and on this basis present a “ladder of escalation of interference” similar to the “ladders of escalation” of other types of military-political conflicts. The construction of such a model intends to help organize analysis and improve predictive capabilities on the issue of interference into domestic affairs and facilitate the adoption of more effective decisions in this area by policy-making circles.

Exploring Legitimization of Religio-Politico Discursive Practices: A Critical Discourse Analysis

The current study examines the legitimacy of religio-politico discursive practices prevalent in the novel a case study of exploding mangoes (2008) by Muhammad Hanif. This text is a cut-throat satire on the military interference in state affairs. Critical Discourse Analysis (CDA) is used as a major method under the theoretical lens of legitimization theory to execute the study. The major character of the novel, General Zia ul Haq, exercises his powers and controls the government of Pakistan by the takeover of the military forces till his death in an aircraft crash on 17 August 1988 in Bahawalpur. On multiple levels, Hanif reveals the religio-political mechanisms wielded by the titled political and religious stooges. The theory of Legitimization interprets how power structures legalize their authority on social, political, and religious groundings. The study also underscores the religiosity imposed by Zia under the pretext of Islamization in this particular era. The study's objective is to spotlight various doctrines of religio-political machinery used to manipulate the political system in the 1980s.

On Some Issues of Modeling the Processes of Monitoring the Effectiveness of the System of Subjects of Public Control in Russia

Monitoring of the effectiveness of the public control system in the Russian Federation. The work analyzes the role and place of this institution of civil society in the system of its other institutions. The role and importance of the institution of public control is substantiated as a key legal guarantee of the implementation, protection and defense of both the constitutional principles of democracy and the participation of Russian citizens in the management of state affairs, as well as the entire system of human and civil rights and freedoms, the rights and legitimate interests of public associations and other non-state non-profit organizations. The author's classification of subjects of public control is carried out. The importance of these subjects achieving a high level of efficiency of their organization and activities is substantiated. It is noted that the dynamics of changes in the level of efficiency of functioning of subjects of public control should be constantly monitored both by public authorities, which are responsible for organizing budgetary financing of the activities of subjects of public control, and by higher-level varieties of these subjects. The article discusses the main features of monitoring the effectiveness of the public control system in Russia, and the author’s definition of it is formulated and justified. The analysis and formalization of the main indicators of the monitoring system of the effectiveness of the public control system in the Russian Federation is carried out. The authors formalized and investigated the main problems that hinder the organization and functioning of the system for monitoring the effectiveness of the public control system in the Russian Federation. The work has developed and justified a system of measures to resolve these problems in order to ensure the preservation and development of the institution of public control in Russia.

Great Power Competition, Clientelism, and De Facto States: Transnistria and Taiwan Compared

Abstract To what extent can de facto states act autonomously vis-à-vis their patron states and domestic societies? This article draws on theories of clientelism in international relations to develop a novel argument explaining the agency of de facto states. Examining two strategic triangles—Russia–Transnistria–Moldova and US–Taiwan–China—it demonstrates that interrelated domestic factors such as robust political competition, democratic pluralism, reimagined national identities, and big business shape the autonomy of de facto states in Eastern Europe and East Asia. Furthermore, the structured focused comparison of Transnistria and Taiwan indicates that the agency of de facto states declines when rising parent states and dissatisfied patron states challenge the status quo, engaging in great power competition. Their autonomy varies across areas of low and high politics, as patron states prioritize military-security issues and interfere less in the economic and cultural affairs of the de facto states.

Exploring the impact of United Nations peacekeeping operations on the external affairs of host states

Studies of United Nations (UN) peacekeeping operations (PKOs) typically give scant attention to an important aspect of host states’ development: their external affairs. This article identifies ways in which UN PKOs can shape the external affairs of host states, focusing on UN peacekeeping in the post-Cold War period. We present the findings of a quantitative content analysis of key UN peacekeeping documents to establish which aspects of host state external affairs have been of concern to the UN. We then provide a conceptual framework that maps three areas of external affairs in which PKOs are particularly influential: relationship-building; institution- and diplomatic capacity-building; and the shaping of policy in domains of external affairs. We identify three pathways through which PKOs shape the external affairs of host states: mandated roles, improvised actions, and unintended consequences. Drawing on documentary analysis and original interview data, we illustrate our conceptual framework through an exploration of the impact of peacekeeping on the external affairs of two countries that have hosted large-scale UN-led peacekeeping missions in recent decades: Timor-Leste (East Timor) and Liberia.