scholarly journals Wojna hybrydowa jako przykład umiędzynarodowionego konfliktu wewnętrznego

2019 ◽  
pp. 101-121
Author(s):  
Paweł Ochmann ◽  
Jakub Wojas
Keyword(s):  
International Law ◽  
Public Law ◽  
Internal Conflict ◽  
Public International Law ◽  
Internal Conflicts ◽  
Military Conflicts ◽  
Hybrid War ◽  
The One ◽  
International Liability ◽  
Do So

  The paper deals with internal conflicts, their internationalisation and a hybrid war. In the 1990s many military conflicts could have been regarded as domestic conflicts or internationalised internal conflicts. According to the authors internationalised internal conflicts and a hybrid war have much in common. The purpose of the paper is to compare and confront distinctive characteristics of internationalised internal conflicts with the model of hybrid war. The authors scrutinize definitions of an internal, domestic conflict and a hybrid war, and the possibilities and likelihood of their occurrence. Finally the issue is analysed in terms of international public law. ‘Hybrid war’ is a term not defined in public international law. However it is commonly used not only by media and politicians, but also by academics in a sci- entific discourse. A question arises to what extent it is justified to use a term in the context of different military conflicts, like for instance the one in the East Ukraine that has been going on since 2015. Therefore it is necessary to explain what the term ‘hybrid war’ means. In order to do so, it is necessary to try to define the term. Its distinctive characteristics must be indicated. Then, many military conflicts will be analysed to determine whether they satisfy the requirements for qualifying them as a ‘hybrid war’ or an internationalised internal conflict. The research leads to a conclusion that an internationalised internal conflict gives many opportunities for applying to it methods characteristic of a hybrid war. In the course of an internationalised internal conflict there are many ways in which the aggressor can evade international liability and the authors attempt to answer how to prevent this.

International Composite Administration: Conceptualizing Multi-Level and Network Aspects in the Exercise of International Public Authority

2008 ◽  
Vol 9 (11) ◽  
pp. 2013-2039 ◽  
Author(s):  
Armin von Bogdandy ◽  
Philipp Dann
Keyword(s):  
International Law ◽  
Public Law ◽  
Common Phenomenon ◽  
Public Authorities ◽  
Public International Law ◽  
The Public ◽  
Administrative Action ◽  
Role Of The State ◽  
Multi Level

The administration of the traditional nation-state used to operate as a rather closed system to the outside world. Today, cooperation between the public authorities of different States and between States and international bodies is a common phenomenon. Yet the characteristics and mechanics of such cooperation can hardly be understood using the concepts domestic public law or public international law currently on offer. Conventional concepts, such as federalism, confederalism or State-centered “realism” hardly fathom the complexity of interactions or reflect the changed role of the State, while more recent concepts, such as multi-level systems or networks, seem to encompass only parts of the phenomena at hand. Given this void, we propose to explore the notion of “composite administration” (Verbundverwaltung) and argue that it offers a concept which can combine more coherently the seemingly diverging legal elements of cooperation and hierarchy that distinguish administrative action in what often is called a multi-level administrative system. Even though the concept of composite administration was originally designed and further developed with respect to the largely federal European administrative space, we suggest testing the concept in the wider context of international cooperation. We believe that it offers valuable insights and raises critical questions, even though we do not intend to insinuate any proto-federal prospects of the institutions discussed in this paper.

Streikverbot für Beamte – sowohl verfassungs- als auch konventionsgemäß? Kritische Anmerkungen zum Urteil des BVerfG vom 12.6.2018

2018 ◽  
Vol 101 (4) ◽  
pp. 376-394
Author(s):  
Shu-Perng Hwang
Keyword(s):  
International Law ◽  
Public Law ◽  
Civil Servants ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Public International Law ◽  
Basic Law ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

This article critically approaches the recent decision of the German Federal Constitutional Court regarding the ban on strikes for civil servants. It shows that the judgment cannot be seen as a decision committed to international public law, as some scholars suggest. By once more adopting a material understanding of Art. 33 para. 5 Basic Law and thereby not only confirming the constitutionality, but in particular the constitutional status of the ban on strikes for civil servants, the court holds on to the absolute primacy of the Basic Law that is not to be undermined by the ECHR or the jurisprudence of the ECtHR as a means of interpretation. The reference to the need to contextualize the jurisprudence of the ECtHR as well as the emphasis on the national particularity of the Federal Republic of Germany clearly indicate that, by developing a state-centred principle of commitment to public international law, the court does not seek to align and harmonize the requirements of the ECHR and the Basic Law by developing a state-centred principle of commitment to public international law but rather to achieve a delimitation of competences between the spheres of the ECtHR and the Federal Constitutional Court.

The Public International Law Character of Transfrontier Agreements between Decentralized Authorities

1992 ◽  
Vol 5 (2) ◽  
pp. 187-213 ◽  
Author(s):  
Rene Seerden
Keyword(s):  
International Law ◽  
Public Law ◽  
Legal Basis ◽  
Public International Law ◽  
The Public ◽  
Legal Force

It is submitted in this article that transfrontier agreements (of a publiclaw character) between decentralized authorities can be considered as a kind of international administrative agreements. After investigation of the power to conclude international (administrative) agreements and their (assumed) binding legal force in public international law, the article concludes that transfrontier agreements between decentralized authorities are in principle of a national and not of an international public law character. This article is also focussed on (overall) legal bases for transfrontier cooperation between decentralized authorities. In this respect the European Outline Convention on Transfrontier Cooperation Between Territorial Communities or Authorities is important and will be discussed. The purpose of this convention, in force in several European states, is to provide a legal basis for transfrontier cooperation (of a public law character) between decentralized authorities. However in this matter states still consider additional norms necessary. In this respect two additional treaties have been concluded and will be discussed. The article concludes that these treaties not really are overall legal bases for the conclusion of transfrontier agreements between decentralized authorities.

scholarly journals TEACHERS’ INTRAPERSONAL CONFLICTS: MOTIVATIONAL ASPECT

2017 ◽  
Author(s):  
I. Vlasenko
Keyword(s):  
Internal Conflict ◽  
Domestic Life ◽  
Individual Values ◽  
Internal Conflicts ◽  
Intrapersonal Conflict ◽  
Motivational Aspect ◽  
Self Actualization ◽  
The One ◽  
High Level ◽  
Low Ability

This study aims at exploring psychological peculiarities of teachers’ intrapersonal conflicts in manifestation motivational sphere. The sample consists of 192 teachers (89,6% female and 10,4% male) from 13 schools in Ukraine. It is presented the analyses of internal conflicts and vakuums in motivational sphere of teachers. The results show existential and individual values prevail in respondents’motivational sphere. It was found that 42,2% of teachers had a low discoordination among things they want and need on the one hand and their possibilities on the other. It was found that 20,8% of teachers wasn’t satisfied with their current life situation, had an internal conflict. The feeling of internal conflict and low ability to self-actualization in one of teachers’ main life spheres («happy domestic life», «health», «love») were connected with high internal conflict in other life spheres of teachers. There have been identified internal conflicts in the spheres of «health» (47,9% respondents), «happy domestic life» (33,9%), «financial provided life» (27,1% ) and «love» (26% teachers). It was investigated high internal vakuums in spheres «active life» (50,5%), «interesting work» (27,1% respondents) that indicated reducing of motivation and could lead to teachers’ activity declining. Teachers that have high level of internal vakuums feel exhausted and overstressed as well as they face to high professional demands. A programme addressing intrapersonal conflict and managing low ability to self-actualization in main life spheres would be of benefit to teachers.

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