10 results on '"NUHIJA, Bekim"'
Search Results
2. Comparative planetology as a foundation for associating space law with solar geoengineering governance: stratospheric aerosol injection and variations of sulfur dioxide in Venus’s atmosphere.
- Author
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NUHIJA, Bekim, STOJCHEVSKA, Stefani, JASHAR, Adnan, and SELMANI-BAKIU, Arta
- Subjects
STRATOSPHERIC aerosols ,VENUSIAN atmosphere ,SPACE law ,DILEMMA ,PLANETARY science ,ENVIRONMENTAL engineering - Abstract
Mankind often seeks solutions to climate change and environmental crises, but rarely considers the feasibility of outer space to overcome such critical issues. Among many solar geoengineering approaches is stratospheric aerosol injection (SAI) whose concept suggests artificial control of the global temperature by spreading tones of sulfur dioxide into Earth’s stratosphere. Given that the classic ‘technology control dilemma’ represents the central problem of solar geoengineering governance, however, this paper adopts a VenusEarth comparative planetology method by addressing volcanology and atmospheric circulation aspects. An international regulatory framework engaging space law in solar geoengineering governance is consequently presented, which classifies two separate legislations: (1) research-based legislation (comparative planetology and Earth science) and (2) non-research-based legislation (national and international governance, ethical issues, economic factors, military utilization). Further highlighting climate change issues, SAI manifests the Anthropocene and regards Earth’s stratosphere as an “inner environment”, while comparative planetology manifests the Anthropocosmos and regards space as an “outer environment”. This polymorphous consideration of atmospheric and space elements identifies a new approach of climate change techniques. Human relations that concern both environments should examine how social scientists would regard these separate boundaries or perceive them as a mergence between the two major epochs. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
3. THE ROLE OF INTERNATIONAL CUSTOMS IN LAW OFARMEDCONFLICT.
- Author
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Nuhija, Bekim
- Subjects
HUMANITARIAN law ,WAR ,HUMAN rights ,INTERNATIONAL law ,CIVILIANS in war - Abstract
International humanitarian law is based on international treaties and customary norms thatdefine the rights and obligations of states that are not party to those treaties. International customary law is a continuous behavior, which is considered by people that it is compulsory. International customary law has been and continues to be important for the legal science, which is adapted to social evolution and jurisprudence. Without this element of adaption in space and time, customary international humanitarian law would be void and would not be considered as a source of international humanitarian law. This paper focuses on the customary international humanitarian law and its applicable rules in international law. I will address the role of international humanitarian law on human society, with special emphasis on its importance in the time of armed conflicts, where according to the study we will show that the civilian population is the most affected. Human history recognizes inhumane wars and in these caseswhen conflicts go beyond the temporal and human dimension, the importance of international humanitarian law in the protection of human rights is imminent and irreplaceable. Furthermore, I will consider the importance of customary humanitarian law knowing the fact that that customary law is as old as humanity itself. It will make a detailed explanation of its significance over centuries, as well as the importance it continues to have in international humanitarian law. Nonetheless, even though these rules, for a long period of time remained unwritten, they gradually-began to be incorporated into international laws through international treaties. Their importance, especially in the absence of treaties, is unmatched. [ABSTRACT FROM AUTHOR]
- Published
- 2022
4. GEOPOLITICS OF NEAR-SPACE: INCREASING NATIONAL POWER THROUGH SPACEPLANE DEPLOYMENT.
- Author
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Nuhija, Bekim, Mehmeti, Sami, and Stojchevska, Stefani
- Subjects
AEROSPACE planes ,GEOPOLITICS ,OUTER space ,BRITISH military history - Abstract
With the delimitation of airspace and outer space being a continuous issue, various arguments intend to analyze the viewpoint of the geopolitics of near-space being considered neither as part of Astropolitik, nor the geopolitics of airspace. Consequently, a comparative methodology in regards to the multidimensional objectives of geopolitics is followed: (1) evolving a theoretical military basis of spaceplane deployment; (2) examining the natural background of the geopolitics of near-space; (3) constructing the 'history-future' relation of the geopolitics of near-space; and (4) analyzing the increasing of America's national power through spaceplane deployment. Principle results obtained from the theoretical comparative methodology consequently determine the fundamental establishment of the geopolitics of near-space. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
5. Commercial Mining of Celestial Bodies: A Legal Framework for Mining Temporarily-Captured Orbiters Regarding the Notion of "Patria Economicus".
- Author
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Mehmeti, Sami, Nuhija, Bekim, and Stojchevska, Stefani
- Subjects
SPACE law ,PROPERTY rights ,DILEMMA ,MINES & mineral resources ,SPACE industrialization ,MINING law - Abstract
The purpose of this research paper is to propose a legal framework for mining temporarilycaptured orbiters (TCO) as promising candidates for commercial mining and introduce the "Patria Economicus" notion as an adaptation to the Homo Economicus concept. Legally regulating these mini-moons equates the consideration that space mining laws, such as the Luxembourg Law and the U.S. Commercial Space Launch Competitiveness Act, should guarantee an indubitable commercialization. Primary motivations for extraterrestrial mining include extracting and processing valuable materials for commercial purposes. However, space legislators are facing problematic challenges of bringing space law into the commercial world. Specifically defining which celestial bodies would be most profitable to mine, and how exactly can we regulate that process regarding property rights without sovereignty are the main legal aspects of commercial mining. While space law does not directly subject the commercialization concept, thus aggravating existing space industries, a new dilemma arises: Exploitation or Commercialization? Consequently, the commercial regulation of mining TCO is introduced by comparing essential economic and commercial concepts for creating an appropriate legal regime. Commerce space law must define States' or private mining companies' economic intentions and put them in a legal perspective for regulating the commercialization of TCO minerals and other materials. [ABSTRACT FROM AUTHOR]
- Published
- 2021
6. Challenges of constitutional judicial control of the delegated legislative power during the COVID-19 Pandemic in the light of international standards: the case of North Macedonia.
- Author
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SHASIVARI, Jeton and NUHIJA, Bekim
- Subjects
COVID-19 pandemic ,LEGISLATIVE power ,CONSTITUTIONAL law ,STANDARDS ,DELEGATED legislation ,FREEDOM of expression ,FREEDOM of religion - Abstract
In order to effectively prevent the COVID-19 Pandemic, for the first time in the history of the Republic of North Macedonia by decision of the President of the Republic on March 18, 2020, a state of emergency was established, which in addition to intensified measures to protect public health, also implied the introduction of a special legal regime whose basic characteristics are: deviation from the constitutional principle of separation of powers and taking over by the Government of legislative powers and the opportunity to limit basic human rights and freedoms and to take intervention measures by the executive power in economics, education, labor relations, and other spheres of social life. In this regard, the declaration of a state of emergency has activated the constitutional authority of the Government to perform its legislative function. Unlike other constitutions that regulate in more detail the powers of the Government, parliamentary control, enactment of decrees with the force of law and other regulations, as well as the restriction of human rights in a state of emergency, the Constitution of North Macedonia does not contain special provisions on the government powers, except enacting decrees with the force of law. Due to such a constitutional gap, the question remains whether such regulations remain in the legal system even after the state of emergency ceases. The Constitution of North Macedonia only stipulates that the authorization of the Government to adopt decrees with the force of law lasts until the end of the state of emergency, which is decided by the Parliament, without considering the situation when the state of emergency is declared not by the decision of Parliament but by the decision of the President of the Republic. With this paper authors by explaining the principle of the Rule of Law as a generally accepted International and European standard in such situations, using: normative legal method, comparative legal method, intentional, systematic and objective interpretive methods, will focus on the specific analysis of the judicial control of decrees with the force of law by the Constitutional Court of North Macedonia, in terms of, to what extent the principle of proportionality was respected in the adoption of such decrees which derogated existing laws in order to protect the public health of citizens. [ABSTRACT FROM AUTHOR]
- Published
- 2020
7. Competences of the Ministry of Justice in Providing International Legal Assistance.
- Author
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Nuhija, Bekim and Maqellara, Rilinda
- Subjects
INTERNATIONAL legal assistance ,INTERNATIONAL cooperation ,SUSTAINABLE development ,INTERNATIONAL relations ,INTERNATIONAL law - Abstract
International Legal Assistance is the assurance of efficiency in the form of procedural developments by the state authorities, respectively, the state that implements the procedural actions at the request of the other state pursuing civil proceedings with a foreign element. By providing international legal assistance, states contribute to a stable, democratic area and sustainable development in the commitment to share achievements in conducting procedural actions across borders. The objective of the paper is to reflect the progress of the state conducting the requesting state procedure as well as to try to improve and promote cross-border judicial cooperation in the beneficiary countries to investigate and prosecute cross- border crime. Regarding to this paper will also reach the initial delays in cross-border cooperation with practical examples, the time element and the international element. The main advantage of international legal assistance is the opportunity and ability to share information, the rules of use and exchange of information and evidence through formal requirements, and why not and an ongoing avant-garde communication between relevant institutions or bodies. (Using technology platforms, greater collaboration between countries takes place. Through different real-time communication applications, information is obtained, which although may be in different countries, provides the same quality of service between organs. One thing such will undoubtedly increase confidence in institutions, procedure processes and parties wherever they are). [ABSTRACT FROM AUTHOR]
- Published
- 2020
8. CONCESSION AS A PRECONDITION FOR RELATIVELY RESERVED RIGHTS OF THE FOREIGNERS IN THE REPUBLIC OF MACEDONIA: THE CASE OF SMALL HYDROELECTRIC PLANTS.
- Author
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Kocevska, Katerina and Nuhija, Bekim
- Subjects
IMMIGRANTS' rights ,CONCESSIONS (International law) ,HYDROELECTRIC power plants ,PUBLIC-private sector cooperation ,RENEWABLE energy sources - Abstract
Concession as a precondition for relatively reserved right, gives the foreigners almost equal rights as domestic citizens of the Republic of Macedonia. Our goal is to address the legal aspects and the procedure of giving the right to concession. This paper is mainly qualitative research of desk work on International private Law, Law on public procurements, Law on concessions and public private partnership in the Republic of Macedonia along with a case study on Concession on power plants in the Republic of Macedonia. Renewable energies are the future, which is why law researchers and law makers need to contribute in making of better laws that adapt to upcoming events in the energy field. [ABSTRACT FROM AUTHOR]
- Published
- 2017
9. The Process of Denationalization in the Republic of Macedonia from the Perspective of International Law and in the Light of the Country's Accession Process to the EU.
- Author
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NUHIJA, Bekim
- Subjects
PRIVATIZATION ,INTERNATIONAL law ,ACCESSION (Law) - Abstract
This paper highlights some considerations concerning the restoration process of previously deprived private property by the communist regime from the perspective of international and European legal commitments which became part of the Macedonian legal system through adhesion, ratification and state succession. There are several publications that deal with practical aspects of the process of denationalization in Macedonia, however very few of them relate the issue with country's obligations under international and EU law. The paper uses legislative analysis to highlight some of the most important obligations that derive from international legal instruments regarding the process of denationalization. It also analyses the reports of the European Union following the motoring of the accession process and their implementation in practice. The monitoring of the denationalization process in Macedonia by the European Union has had positive results, however, it should not be limited only to the review of the existing legislation, but should seek concrete action plans with clear benchmarks, budgets and responsible institutions. The study could have implications for the category of people who intend to restore the property rights that had been deprived by the communist regime. This paper offers an insight on the issue of denationalization in Macedonia in the context of its accession in the European Union. [ABSTRACT FROM AUTHOR]
- Published
- 2013
10. The impact of postponed accession of Republic of Macedonia in the Euro-Atlantic structures to the inter-ethnic relations.
- Author
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Nuhija, Bekim
- Subjects
EUROPEAN Union membership ,ETHNIC relations ,INTERNATIONAL relations - Abstract
The reason why the Republic of Macedonia, unfortunately, has remained outside of Euro-Atlantic integrations, is of internal and external nature. The internal cause is the conduct of the Macedonian political leadership, which to a great extend, does not take serious actions to resolve the name dispute with Greece and the external cause -- the Greek behavior, which is misusing its previous membership in EU and NATO. The paper analyses the advantages of Macedonian Euro-Atlantic integration. On the one hand, the accent is put on Macedonian political leadership and its false willingness to resolve the name dispute with Greece - set as a condition for our integration. On the other hand, the paper discusses the consequences of postponement of Euro-Atlantic integrations and its impact to inter ethnic relations. [ABSTRACT FROM AUTHOR]
- Published
- 2013
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