Electronic Library of Scientific Literature
Electronic Library of Scientific Literature
Vol. VI / No 4 / 1997
pp. 3-15
The present development in international relations is characterised by conditions whose complex can be described as a „new strategic environment". Regarding the fact that development stages of the past has conditioned the present, a retrospective to some of the politologic opinion trends, which had been presented namely as seen by the German peace research of the 90s. The attention has been focused on strata of the core of bipolar East-West conflict as it has been analysed by E. O.Czempiel, who had dismembered into original confrontation of social system arrangement, where step by step the strata of security dilema, classic rivalries for the influence in Third Countries and disarmament dynamics issues has been added. Besides the fundamental demand for the democratisation of state life and the respect for human, a need for aiming towards a symetrical arrangement of socio-economic sources of engaged agents has been emphasised within the frame of the above ideas of the future European integration efforts and security arrangement. But the requirements for a radical decrease and systematic supervision of the development of military potentials and armament must be met, as these factors, having been an acompanying stratum of the conflict, had contributed the most to the increaes in the tension in international relations.
pp. 16-24
Outgoing from the wording of Atlantic Charter, the fundamenal document
of the Anti-Nazi Coalition, where war and post-war politicies of USA and
UK were proclaimed and which the USSR joined later, the author has made
a brief overview of politics in European countries, subject Axis's occupation.
In the first part the principles of the Atlantic Charter are discussed.
The situation in both Axis (Italy), occupied (France, Poland, Yougoslavia
and Greece) or satelite (Hungary, Romania and Bulgaria) countries and peoples
during post-liberation time has been described in the second part of the
presented article. Such issues as communists' coming to power in Eastern
Europe or civil war waged against communists in Greece have been described.
The comparison among revolutions performed „from underneath" and „from
above" has been made in this largest part of the paper. The closest
attention has been paid to Poland. In the conclusive part has the author
emphasised the growth of communist movement in Europe.
pp. 25-33
Though the European law has been based upon international treaties,
its relation toward both private and public international laws is of autonomous
nature and it constitutes, regarding the scope of its competence, an independent
legal order. The precedence to national laws remains its attribute. It
is binding not only for EU member states, but also for both nationals,
i.e. physical persons, and EU based legal persons as well.
The European Court of Justice (ECJ) plays its important role in interpretation
and application of the European law.
The author has focused on the way of settling discords between national
and European laws through the ECJ and ECJ's participation in creating of
the European law. In his article, an effort has been made to answer the
questions concerning the ways of starting a prejudicial proceeding, its
description as well as the positions of both the ECJ and national courts
in prejudicial proceedings.
The success of proceeding depends upon the co-operation between national
courts and the ECJ, when each of them play an active role.
Usually, national courts did not object to the submission of cases for
interpretention to the ECJ. However, the distribution of competences between
the ECJ and national courts brings some evidence of the declared power
of the Article 177. of the 1951 Treaty on the EEC. The ECJ should judge
just European law related topics.
pp. 34-44
The presented article is dedicated to the significance and contribution of the Convention on Civil Liability for Damage Resulting from Activites Dangerous to the Environment, as it has been adopted by the Council of Ministers of the Council of Europe, within the international legal system of environmental liabilities. The paper has been, in its basic structure, aimed at the investigation to what extent has been the legal order of Slovak Republic adapted to the intention of joining the Convention. The de lege ferenda reflections concern civic law rules of both material law and process law natures.
pp. 45-54
The author has drawn our attention towards a relatively unknown term
„geochronopolitics". In this paper he has referred to a Russian geographer
and sociologist L. I. Metshnikov (1838-1888) who made a synthesis of geopolitics
and history.
In the first part he presents Russia as a country, which has been lead
throughout its history by two factors - Russia's political geography
and idealist fundaments of Russia's geopolitics. Its history has
been shaped by conservativism and therefore it will stay a country, lead
by geopolitical imperatives, while defending its geopolitical interests.
When studying the interrelationship between time and space in politics,
two main groups have separated themselves, according to the subject they
had put accent upon. However Russian intelectuals made their efforts to
make a synthesis of the above two factors. Metshnikov then spoke about
geographical synthesis of history. He has combined the factor of
natural circumstances in space and social development in time. As applied
on Russia's policy, the space has been limited in certain period by a horizon.
In next period its policy has moved further.
In the conclusive part, as referred to Metshnikov's work, the necessity
of unifying both space and time has to be stressed upon. A proper securing
of this connection is nothing more than geochronopolicy in practice.
pp. 55-60
The issues of diplomatic immunities and privileges have always been and still are the subject of scientific discussions. Their importance has not been lowered, it has rather increased. What are immunities and privileges? How they have been understood in the past and how at present? What is their extent on the territory of third country? What is the position of the Vienna Convention on Diplomatic Relations as related to public international law of immunities and privileges? What are the regulations of their emergence and their extinction? What terms should be met by a state for renouncing immunities of its representative (as well as consular representative or a member of special mission, etc.)? The solution of not only these but of other questions is determining factor for the stage of realisation of international relations. The phenomenon of international relations (both diplomatic and non-diplomatic) shall persist further, so in the course of history emerges the need for better and more purposive ensuring of their functions. It is always the question of time, when the will will be sufficient for pressing their changes.
pp. 61-70
As a large number conceptions of justice exist, a logical analysis is
thus necessary, which could helps us to elucidate various formulations
of justice as well as those points, where they mutually differ each other.
Therefore also at present has emerged a need to find out such a formulation
of justice, that would make a basis for different conceptions of justice.
pp. 71-80
The author has given a brief reminiscence of Russia - NATO negotiations
of the Russia - NATO Founding Act - a document which may become a real
basis for peaceful relations in Europe for coming decades.
In the first part of the paper the author has described a history of opposite
attitudes and demands of both negotiating parts - NATO and Russia - toward
the Aliance's enlargement eastwards. Mutual concessions were to be made
so as to reach compromises in wording of this document of highest importance
for not only both concracting parties but for the security of Europe as
well.
The ideas that Russia has been recognised as as a equal pole of European
and worldwide politics and that the Founding Act has become a firm basis
for the cooperation between two main European poles have been expressed
in this interesting article.
In the second part the fundamental significance of the Founding Act has
been highlighted, i.e. that neither Russia nor NATO considers each other
an enemy. Also the fact of NATO's transformation and the development of
its political functions have been emphasised.
A perspective of future cooperation has been outlined as well as the description
of the operation of its machine has been made in the concluding part of
the paper.
pp. 81-87
After having finished the Cold War, the continuing enlargement of the
West has gained a different nature. Former adversaries, while making their
best to become „more western" are paradoxically making the West „less
western". The West will be simply compelled to progress towards the
east so as to maintain its Cold-War structures. The integration of the
West and East may finally lead to the creation of the North.
The accession of new members is accompanied by an outwards movement of
the border of Western structures. This movement could bring a upsettingly
toned feeling of local elites in the not invited countries, what can be
accepted with reluctance from the part of those more powerful „outsiders"
and may lead to the emergence of the tendencies - either adaptation or
confrontation. It pays for Russia as well.
While Moscow has officially adopted the first one, the latter one still
may persist, as ideology uses to be temporary but geopolicy permanent.
Fortunally, new relations between Russia and NATO have been institutionalised.
The place for Russia remains inside an integrated Europe, as politicians
of practise are interested more in geoeconomy than in geopolicy. It needs
to rise above the subject of NATO's enlargement and to emphasise a co-operation
with it, with the aim to build up Great Europe while Euroasia will become
its central element.
pp. 88-92
The meaning of the concept of „Europe" has considerably changed
from the ancient times and has ceased to be exclusively of geographic character.
Europe has thus become not only a geographic but also a political, ideological
and civilisational phenomenon as well.
To a certain degree, the positions of both the USA and NATO have changed,
too. Similarly have the attitudes of either Europeans or Americans toward
the USA - NATO relationship and the task of the USA in present-day Europe.
Due to these changes the role of the WEU grows step-by-step more important,
though it requires to become a subject to further development and more
profound changes, especially when the today's Europe cannot cope with the
problems of European security. There are more conceptions of future WEU-NATO-USA
relations.
In the case of failing these latter ones, the co-operation between Russia
and WEU may show itself a useful though utopian factor in the Euroasian
context of 21. century.
pp. 93-97
pp. 98-105
pp. 106-124
pp. 125-135
pp. 136-140
pp. 141-145