Iustinianus Primus Faculty of Law

Permanent URI for this communityhttps://repository.ukim.mk/handle/20.500.12188/22

Browse

Search Results

Now showing 1 - 10 of 12

Some of the metrics are blocked by your
consent settings
Selection Process
(Modernizing European Legal Education (MELE), 2023)
Stojkovski, Ljupcho
Some of the metrics are blocked by your
consent settings
What are the Benefits of Moot Court in Teaching?
(Modernizing European Legal Education (MELE), 2023)
Stojkovski, Ljupcho
Some of the metrics are blocked by your
consent settings
Critical Perspectives on Climate Action in the Republic of North Macedonia
(Institute for Human Rights & UNDP, 2024-02)
Brsakoska Bazerkoska, Julija
;
Stojkovski, Ljupcho
This work will shed light on the path of North Macedonia in meeting SDGs 13 and 16, on the normative requirements under these SDGs, and their interlinkage in this case. This is especially pertinent, since in almost all of the indicators that measure the progress in meeting SDG 13 and SDG 16 (related to good governance), the Republic of North Macedonia has been either “stagnating” or “decreasing” in the last year. Thus, at the conclusion of this work, some recommendations to address some of the shortcomings will also be provided.
Some of the metrics are blocked by your
consent settings
Non-UN Sanctions and the ‘Responsibility to Protect’: Legality, Legitimacy and their Significance for R2P
(University of Ljubljana, Faculty of Law, 2023-05)
Stojkovski, Ljupcho
The Russian aggression on Ukraine has been accompanied by two things – the ineffectiveness of the UN Security Council regarding this war, and the enormous amount of non-UN sanctions against Russia for its violation of international law. When it comes to the Responsibility to protect (R2P), sanctions are part of its third Pillar since “collective action” in the name of R2P is a broad term that is not limited only to military intervention but can include other measures with or without the use of force. Under the accepted R2P version of 2005, however, collective action should be undertaken by the UN Security Council only. What remains unanswered is what should the international community’s response be under Pillar 3 in cases when the UN Security Council is ineffective because it is passive or blocked, and especially when one of the perpetrators of R2P crime(s) is a permanent member of the Council, like there are indications today, for example, with Russia’s war on Ukraine or with China’s treatment of its Uyghur population. If the use of force is not an option in these situations because of prudent reasons, are sanctions adopted outside of the UN (Security Council) warranted and sufficient under the R2P norm? What does the answer to this question, in turn, say about R2P’s potential (especially regarding Pillar 3) as a norm? The paper will deal with the present questions and will argue that non-UN sanctions are a legitimate R2P response that should be undertaken by the international community on a case-by-case basis when the Security Council is unable or unwilling to fulfill its responsibility. On the other hand, there is no easy answer when it comes to the sanctions’ sufficiency and their effects on R2P, and these aspects will depend and should be assessed in accordance with numerous situational factors.
Some of the metrics are blocked by your
consent settings
Climate change as a security issue in the Western Balkans
(Ministry of Defence, Republic of North Macedonia, 2024-06)
Stojkovski, Ljupcho
;
Brsakoska Bazerkoska, Julija
Climate change is a global challenge with direct environmental, political and socioeconomic repercussions for countries and peoples around the world. It is a direct threat, for example, to the territories of some states due to rising sea levels or fires and droughts, but is also a “threat” or a “risk” multiplier, undermining food security, energy security, economic security and access to fundamental natural resources, while also impacting the health of individuals and communities. This article deals with the connection between climate change and security and the security risks that climate change poses. It elaborates on the theoretical approaches to treat climate change as a security issue and argues that climate change, which is a multidimensional problem, should be seen, inter alia, as a security issue. In this context, the article also focuses on the risks and perceptions of climate change in the Western Balkan countries.
Some of the metrics are blocked by your
consent settings
Stuck again? Does the ‘New Cold War’ Impact the Functioning of the UN Security Council?
(HESTIA, 2024-01)
Stojkovski, Ljupcho
The “new Cold War”, which we are now allegedly living through, is not an exact term in international relations. Some observers use it to refer to the renewed tension and animosity between the USA and Russia. Others talk of the looming Cold War-like rivalry between the USA and China, while for many, the concept encompasses the relations between all three major powers. Regardless of these differences of opinion, what is certain is that all three countries are permanent members of the UN Security Council (P3), and if we are indeed living through a second Cold War, this could affect the functioning of the Council as well, which is the international community’s authority for peace and security. During the ‘first’ Cold War, the Security Council was generally dormant and/or blocked by the vetoes of the permanent members, so it is worth investigating whether a similar passiveness and/or ineffectiveness could be expected during the new Cold War. In this paper, it will be argued that while there has been an increased use of vetoes by Russia and China in recent years, a complete paralysis of the Council, like in the past, is not to be expected. Due to the different socio-economic and normative context in which the new Cold War is occurring and in which the Security Council operates, as well as the shared and individual interests that the P3 have in keeping the Council operative, this institution will continue to be functional for most situations that it deals with.
Some of the metrics are blocked by your
consent settings
Some Perspectives on the UN Security Council Reform Proposals
(Faculty of Law Iustinianus Primus Skopje, 2022)
Stojkovski, Ljupcho
The calls for reform of the UN Security Council, which are as old as the organization itself, have been in the international spotlight again with the wars in Syria and Ukraine and the vetoes that Russia (and China) used to block any measure regarding them. In this paper, I will briefly present and critically discuss the three groups of proposals that are mostly given for reforming the Council: the enlargement proposals, the proposals for reforms of the working methods of the Council, and the proposals for reforms of the veto. All of these proposals have some merit (albeit different) and try to address some deficiency in the functioning or design of the Council. Therefore, despite the low likelihood of success, all of these reform proposals should be pursued because they (at the very least) serve as a tool for putting pressure on the permanent members to uphold their responsibilities that to the UN and the international community as a whole.
Some of the metrics are blocked by your
consent settings
Sovereignty under Threat? Responsibility to Protect and the Understanding of Sovereignty
(Journal of Law and Politics, vol.2 is.1, 2021-02)
Stojkovski, Ljupcho
The situation in Myanmar in 2019, which resulted in the mass displacement and fleeing by the Rohingya population and which, according to UN High Commissioner for Human Rights and UN Secretary General are “textbook examples of ethnic cleansing”, reignited the issue of mass atrocities and the international community’s role in dealing with these problems. The events in Myanmar are some of the latest of a series of other similar mass sufferings that have been occurring in many other places in the world, such as Burundi, South Sudan, DR Congo, Yemen, and of course Syria and Libya. It is more than obvious that this is a reoccurring problem and that is why there has to be a thorough scrutiny of the possible reasons for its persistence. This paper deals with some of these issues. It proceeds in five parts. Firstly, I give a brief introduction about the path that led to the Responsibility to Protect (R2P) and the official acceptance of R2P in 2005. Next, I underline some of the reoccurring critiques of R2P, following which, I address three of them: that R2P is a Western concept, that R2P is basically the same as humanitarian intervention and that (therefore) R2P is a threat to sovereignty. I conclude that R2P has diverse origins; that R2P is broader than humanitarian intervention; and that R2P is not a threat to sovereignty.
Some of the metrics are blocked by your
consent settings
The Importance of the 'Responsibility not to Veto' Debate
(University of Ljubljana, Faculty of Law, 2017)
Stojkovski, Ljupcho
The six year war in Syria which has taken over 400.000 lives, led to the displacement of more than 11 million persons and has included war crimes and crimes against humanity, poses a serious challenge for R2P. One of the main reasons for inaction in this conflict is the blockade of the Security Council – as permanent members Russia and China have used their vetoes several times (Russia 6, China 5) to block proposed draft resolutions. The blockade has reinvigorated the appeals for a restrain in the use of the veto by the Permanent Members. This paper examines the Responsibility not to Veto (RN2V) idea – the idea to restraint the veto in the four cases susceptible to R2P. It briefly explores the idea’s history and then focuses on the two latest initiatives – the French proposal and the ACT’s Code of conduct. An analysis of the advantages and disadvantages of these proposals is being conducted, after which an assessment of their chances of success takes place. The paper concludes that similarly to other attempts to reform the UN Security Council, these initiatives do not have a real chance of succeeding any time soon. Nevertheless, the paper offers three reasons why the debate surrounding these proposals is significant and hence should continue. First, the debates indicate an alternative approach in cases when the Security Council is blocked and therefore could improve the issue of right authority for R2P. Second, the wide support that these initiatives enjoy, indicates that the 2005 R2P formula – preparedness for a case-by-case reaction in situations of manifest failure – is not a satisfactory outcome for the international community. Thus, they signal a search for a new understanding of Pillar 3 of R2P. Finally, they show the need for further development and upgrade of ‘R2P-lite’.
Some of the metrics are blocked by your
consent settings
The Importance of the “Responsibility not to Veto” Debate
(University of Ljubljana, Faculty of Law, 2017-05)
Stojkovski, Ljupcho
The six year war in Syria which has taken over 400.000 lives, led to the displacement of more than 11 million persons and has included war crimes and crimes against humanity, poses a serious challenge for R2P. One of the main reasons for inaction in this conflict is the blockade of the Security Council – as permanent members Russia and China have used their vetoes several times (Russia 6, China 5) to block proposed draft resolutions. The blockade has reinvigorated the appeals for a restrain in the use of the veto by the Permanent Members. This paper examines the Responsibility not to Veto (RN2V) idea – the idea to restraint the veto in the four cases susceptible to R2P. It briefly explores the idea’s history and then focuses on the two latest initiatives – the French proposal and the ACT’s Code of conduct. An analysis of the advantages and disadvantages of these proposals is being conducted, after which an assessment of their chances of success takes place. The paper concludes that similarly to other attempts to reform the UN Security Council, these initiatives do not have a real chance of succeeding any time soon. Nevertheless, the paper offers three reasons why the debate surrounding these proposals is significant and hence should continue. First, the debates indicate an alternative approach in cases when the Security Council is blocked and therefore could improve the issue of right authority for R2P. Second, the wide support that these initiatives enjoy, indicates that the 2005 R2P formula – preparedness for a case-by-case reaction in situations of manifest failure – is not a satisfactory outcome for the international community. Thus, they signal a search for a new understanding of Pillar 3 of R2P. Finally, they show the need for further development and upgrade of ‘R2P-lite’.

Iustinianus Primus Faculty of Law

Browse

Filters

Settings

Sort By

Results per page

Search Results