Pub Date : 2023-06-21DOI: 10.53974/unza.jlss.5.2.1009
Cheela Chilala
The action of The Lucky Man Bar is set in both Zambia and Nepal. There are also snippets of action that occur in Congo and Greece. In Zambia, the action vacillates mostly between the city of Lusaka and the small town of Kafue. The descriptive narration of the Kafue area suggests that the author is very familiar with the geography of the area in and around Kafue. A good example is the description of the physical features of the area where the drive takes place in the prologue. This is indicative of the fact that the author actually worked in the area for Sino Hydro, a Chinese construction company. Some of the similarities between the author and the narrator, as a matter of fact, invite questions regarding whether or not the novel is a palimpsest of part-fact and part-fiction.
{"title":"Book Review: The Lucky Man Bar","authors":"Cheela Chilala","doi":"10.53974/unza.jlss.5.2.1009","DOIUrl":"https://doi.org/10.53974/unza.jlss.5.2.1009","url":null,"abstract":"The action of The Lucky Man Bar is set in both Zambia and Nepal. There are also snippets of action that occur in Congo and Greece. In Zambia, the action vacillates mostly between the city of Lusaka and the small town of Kafue. The descriptive narration of the Kafue area suggests that the author is very familiar with the geography of the area in and around Kafue. A good example is the description of the physical features of the area where the drive takes place in the prologue. This is indicative of the fact that the author actually worked in the area for Sino Hydro, a Chinese construction company. Some of the similarities between the author and the narrator, as a matter of fact, invite questions regarding whether or not the novel is a palimpsest of part-fact and part-fiction.","PeriodicalId":52999,"journal":{"name":"European Journal of Economics Law and Social Sciences","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85684291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-21DOI: 10.53974/unza.jlss.5.2.1012
Trevor Mwansa
Sensitive as racism may be, it has continued to be a problematic reality, a thematic issue and a subject of scholarly discourse. Racism negatively impacts societies and individuals. Thus, the attention and need for relentless efforts in addressing, ameliorating, combating, eradicating and mitigating it. This paper concerns itself with representations and experiences of Racism in Dominic Mulaisho’s The Tongue of the Dumb. Using the Defence Mechanism Theory of Psychoanalysis, it investigates the defence mechanisms employed by a prominent character, Lubinda, to cope with racism. Further, the study explores the role and significance of defence mechanisms in coping with racism. The research was qualitative. Data was collected by textual analysis of the selected novel and analysed thematically. The findings of the study show that affiliation, humour, identification with the aggressor, sublimation, passive aggression and sublimation were utilised by the character. The usefulness and protectiveness of defence mechanisms is observable and it is rendered prudent to be acquainted with these mechanisms as stressful situations and unpleasant experiences are inevitable.
{"title":"Coping With Racism: An Analysis of Defence Mechanisms Employed by Lubinda in Dominic Mulaisho's The Tongue of the Dumb","authors":"Trevor Mwansa","doi":"10.53974/unza.jlss.5.2.1012","DOIUrl":"https://doi.org/10.53974/unza.jlss.5.2.1012","url":null,"abstract":"Sensitive as racism may be, it has continued to be a problematic reality, a thematic issue and a subject of scholarly discourse. Racism negatively impacts societies and individuals. Thus, the attention and need for relentless efforts in addressing, ameliorating, combating, eradicating and mitigating it. This paper concerns itself with representations and experiences of Racism in Dominic Mulaisho’s The Tongue of the Dumb. Using the Defence Mechanism Theory of Psychoanalysis, it investigates the defence mechanisms employed by a prominent character, Lubinda, to cope with racism. Further, the study explores the role and significance of defence mechanisms in coping with racism. The research was qualitative. Data was collected by textual analysis of the selected novel and analysed thematically. The findings of the study show that affiliation, humour, identification with the aggressor, sublimation, passive aggression and sublimation were utilised by the character. The usefulness and protectiveness of defence mechanisms is observable and it is rendered prudent to be acquainted with these mechanisms as stressful situations and unpleasant experiences are inevitable.","PeriodicalId":52999,"journal":{"name":"European Journal of Economics Law and Social Sciences","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75977427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this paper, it would be tried to analyse that what was the significance of North West Frontier Province (NWFP) for British colonial rule either that was a political asset or economic? How British became able to establish an order in this antagonistic and inflammatory territory? What were the strategic and tactical measures adapted by British to rule the “unruly” people of NWFP? Moreover, what were the counter measures adopted by the British to maintain peace and stability and to kept away Central Powers activities and propaganda in the region?
British came in India for the sake of trade and commerce not for the purpose of ruling them. But when they seek that due to internal conflicts and political instabilities India is so weaker and unable to get benefited with its own resources. Then, they exploited the internal situation for their own interests. (To carry out enormous raw material from this resource rich region, through which natives were unable to get benefited properly). They assume that “we” are educated, rational, rich, strong and superior white people.
{"title":"Settling North West Frontier Province (NWFP) under British Rule","authors":"Zumra Nawaz Cheema","doi":"10.61363/jsse.v2i1.62","DOIUrl":"https://doi.org/10.61363/jsse.v2i1.62","url":null,"abstract":"In this paper, it would be tried to analyse that what was the significance of North West Frontier Province (NWFP) for British colonial rule either that was a political asset or economic? How British became able to establish an order in this antagonistic and inflammatory territory? What were the strategic and tactical measures adapted by British to rule the “unruly” people of NWFP? Moreover, what were the counter measures adopted by the British to maintain peace and stability and to kept away Central Powers activities and propaganda in the region?
 British came in India for the sake of trade and commerce not for the purpose of ruling them. But when they seek that due to internal conflicts and political instabilities India is so weaker and unable to get benefited with its own resources. Then, they exploited the internal situation for their own interests. (To carry out enormous raw material from this resource rich region, through which natives were unable to get benefited properly). They assume that “we” are educated, rational, rich, strong and superior white people.","PeriodicalId":52999,"journal":{"name":"European Journal of Economics Law and Social Sciences","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135601644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The right to private and family life is difficult to define, since it encompasses a wide range of overlapping and interrelated rights that protect the individual’s freedom from state interference. This means that the individual has the right to live free from state interference, placing the individual in a higher position compared to the state in the enjoyment of this right. The right to private and family life is protected both at the international level by the Universal Declaration of Human Rights, the International Convention on Civil and Political Rights, the European Convention on Human Rights and at domestic level starting with the Constitution of the Republic of Albania and the legal framework. This right may be limited under specific conditions for the interest of others, provided that the interference is not arbitrary or unlawful. The article deals with the development of the right to private and family life in Albania at the constitutional level, at different periods of time, highlighting the range and the progress of this right compared to international legal framework. The article highlights one of the aspects of the right to private and family life such as data protection, on the challenges faced by the development of technology and the digital environment. The analysis is accompanied with the jurisprudence of European Court of Human Rights which elucidates the engagement undertaken by Albania as a contracting party of the European Convention to raise the standards of protection of human rights.
{"title":"The right to private and family life and the need for protection against the digital environment","authors":"Heliona Miço","doi":"10.2478/ejels-2023-0010","DOIUrl":"https://doi.org/10.2478/ejels-2023-0010","url":null,"abstract":"Abstract The right to private and family life is difficult to define, since it encompasses a wide range of overlapping and interrelated rights that protect the individual’s freedom from state interference. This means that the individual has the right to live free from state interference, placing the individual in a higher position compared to the state in the enjoyment of this right. The right to private and family life is protected both at the international level by the Universal Declaration of Human Rights, the International Convention on Civil and Political Rights, the European Convention on Human Rights and at domestic level starting with the Constitution of the Republic of Albania and the legal framework. This right may be limited under specific conditions for the interest of others, provided that the interference is not arbitrary or unlawful. The article deals with the development of the right to private and family life in Albania at the constitutional level, at different periods of time, highlighting the range and the progress of this right compared to international legal framework. The article highlights one of the aspects of the right to private and family life such as data protection, on the challenges faced by the development of technology and the digital environment. The analysis is accompanied with the jurisprudence of European Court of Human Rights which elucidates the engagement undertaken by Albania as a contracting party of the European Convention to raise the standards of protection of human rights.","PeriodicalId":52999,"journal":{"name":"European Journal of Economics Law and Social Sciences","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43526567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract A large part of the world’s economies, but especially countries in transition, face high levels of fiscal evasion and tax avoidance. The tax administration must analyze the factors that influence the level of income declaration by taxpayers, specifically the identification of the problems of this fiscal policy in relation to VAT, Social Security and Health contributions and consolidate the infrastructure in order to improve the situation in a way to achieve a better performance in the realization of tax revenues. Tax control remains one of the most discussed issues in this case. Despite the fact that there are other important structures that affect the performance of the tax administration, tax audit has a significant impact on increasing the awareness of taxpayers. The quality of tax control has been treated as one of the basic performance indicators of the tax administration that has a direct impact on tax revenue collection. Fiscal evasion and tax evasion leads to a low level of revenue realization, which causes low levels of public investment. The object of the study will be the identification of the current problems of the fiscal policy, the identification of influencing factors in the behavior of taxpayers and the impact of tax control on tax performance. There are studies related to the structuring and management of the tax audit and the factors that make a tax audit more qualitative. These studies emphasize that an independent tax control takes on new burdens aiming to guarantee the budgets with the necessary revenues to carry out economic and social programs for the benefit of citizens. The recent global and regional economic crisis has affected fiscal administration, requiring all governments to increase tax performance in support of the minimization of informality and the fight against fiscal evasion and tax avoidance. In a country like Albania, where the informal economy is present (World Bank, 2015), taxpayers try to use all the “ways” they find to avoid paying tax obligations. The difference between the taxes that should be collected and those actually collected 1 is calculated to be somewhere between 16% and 20% for VAT and for profit tax an average of 38%, also if measures for tax controls had not been taken, the potential evasion reaches 66% (World Bank, 2015). Also, the occasional changes in tax legislation and the tax burden creates difficulties for business until finding abusive ways. Under these conditions, for the tax administration in Albania, maintaining an efficient and effective tax administration is a difficult challenge. In all countries, the tax audit plays an important role in the performance of the tax administration. The main purpose of the tax administration is to make taxpayers aware of their tax obligations. An important tool for improving efficiency and effectiveness of an administration is the implementation of an appropriate tax control system in relation to the conditions in which the country is loc
{"title":"The current situation of the tax system and administration in Albania","authors":"Ejona Bardhi","doi":"10.2478/ejels-2023-0007","DOIUrl":"https://doi.org/10.2478/ejels-2023-0007","url":null,"abstract":"Abstract A large part of the world’s economies, but especially countries in transition, face high levels of fiscal evasion and tax avoidance. The tax administration must analyze the factors that influence the level of income declaration by taxpayers, specifically the identification of the problems of this fiscal policy in relation to VAT, Social Security and Health contributions and consolidate the infrastructure in order to improve the situation in a way to achieve a better performance in the realization of tax revenues. Tax control remains one of the most discussed issues in this case. Despite the fact that there are other important structures that affect the performance of the tax administration, tax audit has a significant impact on increasing the awareness of taxpayers. The quality of tax control has been treated as one of the basic performance indicators of the tax administration that has a direct impact on tax revenue collection. Fiscal evasion and tax evasion leads to a low level of revenue realization, which causes low levels of public investment. The object of the study will be the identification of the current problems of the fiscal policy, the identification of influencing factors in the behavior of taxpayers and the impact of tax control on tax performance. There are studies related to the structuring and management of the tax audit and the factors that make a tax audit more qualitative. These studies emphasize that an independent tax control takes on new burdens aiming to guarantee the budgets with the necessary revenues to carry out economic and social programs for the benefit of citizens. The recent global and regional economic crisis has affected fiscal administration, requiring all governments to increase tax performance in support of the minimization of informality and the fight against fiscal evasion and tax avoidance. In a country like Albania, where the informal economy is present (World Bank, 2015), taxpayers try to use all the “ways” they find to avoid paying tax obligations. The difference between the taxes that should be collected and those actually collected 1 is calculated to be somewhere between 16% and 20% for VAT and for profit tax an average of 38%, also if measures for tax controls had not been taken, the potential evasion reaches 66% (World Bank, 2015). Also, the occasional changes in tax legislation and the tax burden creates difficulties for business until finding abusive ways. Under these conditions, for the tax administration in Albania, maintaining an efficient and effective tax administration is a difficult challenge. In all countries, the tax audit plays an important role in the performance of the tax administration. The main purpose of the tax administration is to make taxpayers aware of their tax obligations. An important tool for improving efficiency and effectiveness of an administration is the implementation of an appropriate tax control system in relation to the conditions in which the country is loc","PeriodicalId":52999,"journal":{"name":"European Journal of Economics Law and Social Sciences","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42533840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This paper explores the phenomenon of populism and its impact on the democratic processes in Albania. The spread of populism represents one of the most acute challenges to Albanian democracy. To understand the dynamics of populist strategies and behavior, it is crucial to analyze the relationship between populism and the media, and to discuss the phenomenon of “media populism”. More than two decades after the transition from communism, democracy in Albania remains fragile. Freedom House labels Albania ‘transitional or hybrid regime’ and international organizations have expressed concern about the progress of Albania. Populism, characterized by its appeal to the emotions and grievances of the people, has gained prominence in recent years, posing significant challenges to the stability and development of democratic institutions in Albania. Through an examination of the historical and socio-political context of Albania, this paper analyzes the rise of populism, its consequences for democracy, and proposes potential strategies to mitigate its negative effects. Drawing upon scholarly research and case studies, this paper aims to provide a comprehensive understanding of populism’s influence on Albania’s democracy and suggest actionable recommendations for safeguarding democratic values and institutions.
{"title":"Populism as a challenge for Albania’s fragile democracy","authors":"Kelmend Nezha, Oriona Muçollari","doi":"10.2478/ejels-2023-0002","DOIUrl":"https://doi.org/10.2478/ejels-2023-0002","url":null,"abstract":"Abstract This paper explores the phenomenon of populism and its impact on the democratic processes in Albania. The spread of populism represents one of the most acute challenges to Albanian democracy. To understand the dynamics of populist strategies and behavior, it is crucial to analyze the relationship between populism and the media, and to discuss the phenomenon of “media populism”. More than two decades after the transition from communism, democracy in Albania remains fragile. Freedom House labels Albania ‘transitional or hybrid regime’ and international organizations have expressed concern about the progress of Albania. Populism, characterized by its appeal to the emotions and grievances of the people, has gained prominence in recent years, posing significant challenges to the stability and development of democratic institutions in Albania. Through an examination of the historical and socio-political context of Albania, this paper analyzes the rise of populism, its consequences for democracy, and proposes potential strategies to mitigate its negative effects. Drawing upon scholarly research and case studies, this paper aims to provide a comprehensive understanding of populism’s influence on Albania’s democracy and suggest actionable recommendations for safeguarding democratic values and institutions.","PeriodicalId":52999,"journal":{"name":"European Journal of Economics Law and Social Sciences","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42784361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract EU-NATO relations have come to the spotlight particularly due to the increasing focus of the EU on strengthening its military dimension as part of its evolving Common Security and Defense Policy. In this context, Kosovo provides a very interesting case concerning the level of cooperation between the EU and NATO in the area of crisis management given that the EU maintains in Kosovo the largest civilian mission launched to date (i.e. EULEX) which can also make use of a limited number of executive powers whereas NATO has deployed KFOR as a peacekeeping mission in Kosovo since 1999. This article aims at elucidating the relations between EULEX and KFOR on the ground amidst the lack of a formal agreement on the coordination of strategic efforts between NATO and the EU at the military strategic level.
{"title":"EU-NATO Cooperation in the Area of Crisis Management: Case of Kosovo","authors":"Niuton Mulleti","doi":"10.2478/ejels-2023-0009","DOIUrl":"https://doi.org/10.2478/ejels-2023-0009","url":null,"abstract":"Abstract EU-NATO relations have come to the spotlight particularly due to the increasing focus of the EU on strengthening its military dimension as part of its evolving Common Security and Defense Policy. In this context, Kosovo provides a very interesting case concerning the level of cooperation between the EU and NATO in the area of crisis management given that the EU maintains in Kosovo the largest civilian mission launched to date (i.e. EULEX) which can also make use of a limited number of executive powers whereas NATO has deployed KFOR as a peacekeeping mission in Kosovo since 1999. This article aims at elucidating the relations between EULEX and KFOR on the ground amidst the lack of a formal agreement on the coordination of strategic efforts between NATO and the EU at the military strategic level.","PeriodicalId":52999,"journal":{"name":"European Journal of Economics Law and Social Sciences","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48139948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Current advances in technology without any doubt bring numerous advancements to mankind, but also introduce new challenges in regard to human rights. This is particularly true in the context of data protection. Clearly, in the current digital age, data has great value. However, there are great concerns in regard to data collection, processing and its use. These concerns are related to privacy, transparency and accountability. In the technology era, the protection of data rights is crucial for upholding human rights in a digital society, as the widespread collection, storage, and use of personal data pose significant challenges to privacy, autonomy, and non-discrimination. This paper explores the intersection of human rights and data rights, analyzes the legal and ethical dimensions of data protection, and proposes strategies to ensure the effective safeguarding of data rights in order to uphold fundamental human rights principles in the digital age.
{"title":"Human rights in the technology era – Protection of data rights","authors":"Vlona Pollozhani Shehu, Visar Shehu","doi":"10.2478/ejels-2023-0001","DOIUrl":"https://doi.org/10.2478/ejels-2023-0001","url":null,"abstract":"Abstract Current advances in technology without any doubt bring numerous advancements to mankind, but also introduce new challenges in regard to human rights. This is particularly true in the context of data protection. Clearly, in the current digital age, data has great value. However, there are great concerns in regard to data collection, processing and its use. These concerns are related to privacy, transparency and accountability. In the technology era, the protection of data rights is crucial for upholding human rights in a digital society, as the widespread collection, storage, and use of personal data pose significant challenges to privacy, autonomy, and non-discrimination. This paper explores the intersection of human rights and data rights, analyzes the legal and ethical dimensions of data protection, and proposes strategies to ensure the effective safeguarding of data rights in order to uphold fundamental human rights principles in the digital age.","PeriodicalId":52999,"journal":{"name":"European Journal of Economics Law and Social Sciences","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43135159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract No matter how little experience in a profession, every foreign language teacher understands that effective teaching can be based on more than just using the selected book, regardless of the variety of topics it contains. Foreign language teaching is a process that involves the use of supplementary materials from its initial steps. These materials are developed, processed, and adapted as complementary resources to the textbook or even as substitutes for specific elements, especially when they do not meet the needs and requirements of students. The majority of teaching materials include the texts used in foreign language instruction. Therefore, using texts as instructional materials and utilising them in the teaching process constitute the focus of this paper.
{"title":"The use of texts in foreign language teaching","authors":"Migena Sejdini, Marsela Likaj","doi":"10.2478/ejels-2023-0004","DOIUrl":"https://doi.org/10.2478/ejels-2023-0004","url":null,"abstract":"Abstract No matter how little experience in a profession, every foreign language teacher understands that effective teaching can be based on more than just using the selected book, regardless of the variety of topics it contains. Foreign language teaching is a process that involves the use of supplementary materials from its initial steps. These materials are developed, processed, and adapted as complementary resources to the textbook or even as substitutes for specific elements, especially when they do not meet the needs and requirements of students. The majority of teaching materials include the texts used in foreign language instruction. Therefore, using texts as instructional materials and utilising them in the teaching process constitute the focus of this paper.","PeriodicalId":52999,"journal":{"name":"European Journal of Economics Law and Social Sciences","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49269713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Treaties as instruments for establishing legal relations between the subjects of international law are acts which can both create a relationship and extinguish it. On the other hand, despite the fact that the parties to a treaty enter into this relationship with the good will that it will last in time and the treaty will be implemented, for various reasons it may happen that the parties are no longer interested in being bound by this treaty. For this reason, the Vienna Convention on the Law of Treaties has provided for ways to terminate the legal force of a treaty. One of these foreseen ways is the breach of the treaty by one of the parties, which must be said, is a way that has found application and is being implemented even today. This paper aims that, relying on a qualitative methodology, based on research in literature and relevant legislation, to analyze the breach of the treaty as a reason for its termination, the types of breaches and the systems proposed by the 1969 Vienna Convention as well as the consequences of breaches of the treaty and a comparative overview with international responsibility. As an expected result of this research, is the conclusion that not every breach of a treaty is a cause for the termination of its legal force and that there are differences between the consequences of the termination of the treaty as a result of a breach by the parties and the reactions to breaches by the point of view of international responsibility.
{"title":"Breach of a treaty as a cause for its termination and the ratio with international responsibility","authors":"Fjorda Shqarri, Anita Jella","doi":"10.2478/ejels-2023-0005","DOIUrl":"https://doi.org/10.2478/ejels-2023-0005","url":null,"abstract":"Abstract Treaties as instruments for establishing legal relations between the subjects of international law are acts which can both create a relationship and extinguish it. On the other hand, despite the fact that the parties to a treaty enter into this relationship with the good will that it will last in time and the treaty will be implemented, for various reasons it may happen that the parties are no longer interested in being bound by this treaty. For this reason, the Vienna Convention on the Law of Treaties has provided for ways to terminate the legal force of a treaty. One of these foreseen ways is the breach of the treaty by one of the parties, which must be said, is a way that has found application and is being implemented even today. This paper aims that, relying on a qualitative methodology, based on research in literature and relevant legislation, to analyze the breach of the treaty as a reason for its termination, the types of breaches and the systems proposed by the 1969 Vienna Convention as well as the consequences of breaches of the treaty and a comparative overview with international responsibility. As an expected result of this research, is the conclusion that not every breach of a treaty is a cause for the termination of its legal force and that there are differences between the consequences of the termination of the treaty as a result of a breach by the parties and the reactions to breaches by the point of view of international responsibility.","PeriodicalId":52999,"journal":{"name":"European Journal of Economics Law and Social Sciences","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49497429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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