22 results on '"Nuhija, Bekim"'
Search Results
2. Is The Principle Of Magna Carta Regarding Religious Liberties Applied In Macedonia?
- Author
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Nuhija Bekim
- Subjects
Law ,Political science (General) ,JA1-92 - Abstract
Human rights were analyzed and described in many writings from older times. If we consider their fame and historical value, most important ones are: Great Charter of Freedoms (Magna Carta Libertatum) of 1215, the Law on Rights (Bill of Rights) of 1689, the Declaration of Independence of the United States of America (1776) and the Declaration of the Rights of Man and Citizen (1789).
- Published
- 2015
- Full Text
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3. Geopolitics of near-space: increasing antional power through spaceplane eployment
- Author
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Nuhija, Bekim, Mehmeti, Sami, Stojchevska, Stefani, Nuhija, Bekim, Mehmeti, Sami, and Stojchevska, Stefani
- 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.
- Published
- 2021
4. MILITARIZATION OF THE ANTHROPOCENE THROUGH SOLAR GEOENGINEERING APPLICATIONS
- Author
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Nuhija, Bekim and Stojchevska, Stefani
- Subjects
lcsh:DR1-2285 ,anthropocene ,lcsh:History of Balkan Peninsula ,lcsh:HB71-74 ,lcsh:Economics as a science ,lcsh:Political science ,lcsh:D900-2009 ,solar geoengineering ,ethics ,lcsh:Europe (General) ,solar geoengineering, military, ethics, policy, anthropocene, weather warfare ,ddc:330 ,weather warfare ,lcsh:J ,military ,policy - Abstract
While currently living in the geological epoch of the Anthropocene, mankind is consequently fighting against climate change and other hazardous environmental issues. Although solar geoengineering has been proposed as a promising solution, the universal fear regarding its military misuse is still prominent and widely existent. It is believed that this fear could lay the foundation for the concept of a militarized Anthropocene – the manifestation of preset temporal aspects of humanity’s destructive influence regarding climate change for military use. Contrastingly enough, there are a multitude of factors which manifest unrealistic expectations in relation to this concept. While emphasizing the importance of the military as the most suitable governmental institution for developing and utilizing solar geoengineering techniques, this paper aims to address such presumptions through anthropological, ethical, legislative, as well as argumentative approaches. Misleading public opinion, particularly, as a biased perception fails to recognize that military-aimed solar geoengineering methods does not represent a risk by itself, but rather the interference between the belligerent nations and should be concerned as national security. Moreover, the emergence of the slippery slope argument manifested by global psychology and international awareness causes military-related disadvantages concerning the utilization of solar geoengineering as a method of weather warfare. The concept of a militarized Anthropocene, although seemingly controversial, would only enhance the benefits of military-conducted solar geoengineering methods that will be felt by humanity for centuries to come.
- Published
- 2020
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5. GEOPOLITICS OF NEAR-SPACE: INCREASING NATIONAL POWER THROUGH SPACEPLANE DEPLOYMENT
- Author
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Nuhija, Bekim, primary
- Published
- 2021
- Full Text
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6. 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
7. FUNDAMENTAL CHANGE OF CIRCUMSTANCES IN INTERNATIONAL TREATY LAW.
- Author
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Nuhija, Bekim and Mehmeti, Sami
- Subjects
TREATIES ,CUSTOMARY international law ,COVID-19 pandemic ,JURISDICTION ,HUMAN rights - Abstract
The doctrine of rebus sic stantibus is a principle in customary international law providing that where there has been a fundamental change of circumstances since an agreement was concluded, a party to that agreement may withdraw from or terminate it. It is justified by the fact that some treaties may remain in force for long periods of time, during which fundamental changes might have occurred. Such changes might encourage one of the parties to adopt drastic measures in the face of a general refusal to accept an alteration in the terms of the treaty. Because the concept was abused in the past, particularly between the two World Wars, Article 62 of Vienna Convention on the Law of Treaties was drawn in restrictive terms. Moreover, this doctrine has been criticized on the grounds that, having regard to the absence of any system for compulsory jurisdiction in the international order, it could operate as a disrupting influence upon the binding force of obligations undertaken by states. It might be used to justify withdrawal from treaties on rather tenuous grounds. The principle has been invoked many times, and is recognized by treaties, but it has not so far been applied by an international tribunal. [ABSTRACT FROM AUTHOR]
- Published
- 2021
8. THE INFLUENCE OF MILITARY INTELLIGENCE UPON INTERNATIONAL RELATIONS.
- Author
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Nuhija, Bekim, Stojchevska, Stefani, and Selmani, Arta
- Subjects
MILITARY personnel ,MILITARY intelligence ,INTERNATIONAL relations ,DIPLOMACY ,GEOPOLITICS - Abstract
While military intelligence might play a significant role as an integral part in national security, its manifestation as an essence contributes towards belligerence among international relations, which is simultaneously dependent regarding multiple factors. The concept of national security being characterized by its persistent ambiguity, allows for the ultimate purpose of military intelligence to be theoretically transferred from an interdependent paradigm to an autonomous paradigm through a gradual paradigm shift, thus giving us an insight into military intelligence and international relations as a contemporary method of warfare. Although information collection and analysis are known to be continuously conducted during peacetime, the period of transition to war and wartime on both national and international level, the provided study of social, political, economic, military, diplomatic and technological environments during peacetime stimulate superpowers to regard rival superpowers and developed nations as “real enemies” and developing nations as “potential enemies” due to the changeable nature of international relations, resulting in the development of military interests towards all nations. Consequently, omnipresent military intelligence activities are being universally perceived as a “silent service”, while individually influencing international relations during both peacetime and wartime within democratic states. Furthermore, the geopolitical theory establishes the assumption that a country’s geographical features are the primary causes of its ultimate political reality – war or peace. Although the theory by itself cannot accurately predict a nation’s military intentions, activities of military intelligence analysis could potentially serve as an advantageous method to identify, clarify, and forecast their intentions, motives, and national interest objectives. [ABSTRACT FROM AUTHOR]
- Published
- 2020
9. 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
10. 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
11. 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
12. THE ROLE OF THE UNITED NATIONS IN FIGHT AGAINST TERRORISM: A LEGAL CONTEXT
- Author
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Nuhija, Bekim, primary
- Published
- 2018
- Full Text
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13. THE PRINCIPLE OF INSTITUTIONAL BALANCE AND THE PHENOMENON OF PARLIAMENTARISATION IN THE EU.
- Author
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Nuhija, Bekim
- Subjects
SEPARATION of powers ,LEGITIMACY of governments ,DECISION making - Abstract
The principle of institutional balance deals with the relationship between the three main institutions of the European Union, which represent the "institutional triangle": the European Parliament, the Council of the European Union and the European Commission. The principle of institutional balance refers to the distribution of powers within the European Union. The European Union was conceived on the assumption of a division of powers by involving three legitimacies for the decision-making. Thus, it seems interesting to ask whether the relations between the European institutions are balanced or not, in that the three main institutions defend their interests and have powers and guarantees on the basis of the provisions of Treaties. This study of the principle of institutional balance suggests that the institutional functioning of the European Union presents links with that of national political systems. [ABSTRACT FROM AUTHOR]
- Published
- 2019
14. 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, Nuhija, Bekim, Kocevska, Katerina, and Nuhija, Bekim
- 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.
- Published
- 2017
15. CONFLICT OF LAWS - MARRIAGE
- Author
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Nuhija, Bekim, primary
- Published
- 2017
- Full Text
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16. Demarcation of the Border - Kosovo - Montenegro
- Author
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Nuhija, Bekim, primary and Shahiqi, Din, additional
- Published
- 2017
- Full Text
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17. Denationalization of Property on the Territory of Former Yugoslavia - Case of Kosovo
- Author
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Shahiqi, Din, primary and Nuhija, Bekim, additional
- Published
- 2017
- Full Text
- View/download PDF
18. THE ROLE OF THE UNITED NATIONS IN FIGHT AGAINST TERRORISM: A LEGAL CONTEXT.
- Author
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Nuhija, Bekim
- Subjects
- *
TERRORISM , *SEPTEMBER 11 Terrorist Attacks, 2001 , *TERRORISTS , *TREATIES - Abstract
Terrorism is one of the greatest threats of modern times. Following September 11, it has especially imposed great fear and concern around the world. This paper will discuss the fight against terrorism by the world's largest organization, the United Nations, as the fight against this phenomenon has not proved successful by states individually. The fight against terrorism by the UN will be addressed by dealing with legal aspects including international legal mechanisms and instruments to combat terrorism. Additionally, this paper will encompass the UN approach and actions to be taken to prevent this threat which is becoming more and more disturbing. Especially following the terrorist attacks on the Twin Towers on September 11, more initiatives were prompted by international states and organizations led by the world's largest organization to undertake concrete actions and international legal acts were consequently issued. The UN with its bodies, in addition to international conventions, has issued a large number of resolutions condemning terrorist actions that call for a united fight against this phenomenon. Therefore, the issues discussed above and the actions of the UN in this regard will be addressed in this paper. Actions and ways how these actions are to be undertaken by the organization itself, actions to be taken by states, as well as raising the issue of terrorism at a higher level than in the past. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
19. CONFLICT OF LAWS - MARRIAGE.
- Author
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Nuhija, Bekim
- Subjects
- *
CONFLICT of laws , *INTERNATIONAL law , *LEGAL pluralism , *MARRIAGE law , *STATUS (Law) - Abstract
Generally, the principles of conflict of laws provide guidelines to determine whether a court of the forum jurisdiction will apply its law or the laws of another interested party to a dispute. This inquiry often requires a court to make a choice that may be affected by public policy considerations of the forum jurisdiction. Conflict of laws principles, moreover, may extend to many aspects of a case, such as judicial jurisdiction. We discuss the law and economics of conflict of laws and choice of law. Hence, four questions will be addressed: 1. Why do courts ever apply anything other than the law of the forum? 2. If a court sometimes applies foreign law, is a rule-based or more modern standard-based approach to its choice preferable? 3. Why so many states have abandoned rule-based approaches in favor of standardbased ones? and 4. Is there any real practical difference between the first restatement and modern approaches? It can be concluded that permitting parties can choose the governing law that best fits to their transactions and future private disputes can enhance jurisdictional competition and help restore predictability to the conflict of laws problem. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
20. The Concept of Erga Omnes Obligations in International Law
- Author
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Memeti, Ardit, primary and Nuhija, Bekim, additional
- Published
- 2013
- Full Text
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21. 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
22. 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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