Electronic Library of Scientific Literature



Vol. VI / No 4 / 1997

Zdenka Kramplová: Vystúpenie vedúcej delegácie SR počas všeobecnej rozpravy 52. VZ OSN

pp. 3-15

Jozef Sadloň: The Influence of the Past on the Formation of Security Structures in Europe

The present development in international relations is characterised by conditions whose complex can be described as a „new strategic environment". Regarding the fact that development stages of the past has conditioned the present, a retrospective to some of the politologic opinion trends, which had been presented namely as seen by the German peace research of the 90s. The attention has been focused on strata of the core of bipolar East-West conflict as it has been analysed by E. O.Czempiel, who had dismembered into original confrontation of social system arrangement, where step by step the strata of security dilema, classic rivalries for the influence in Third Countries and disarmament dynamics issues has been added. Besides the fundamental demand for the democratisation of state life and the respect for human, a need for aiming towards a symetrical arrangement of socio-economic sources of engaged agents has been emphasised within the frame of the above ideas of the future European integration efforts and security arrangement. But the requirements for a radical decrease and systematic supervision of the development of military potentials and armament must be met, as these factors, having been an acompanying stratum of the conflict, had contributed the most to the increaes in the tension in international relations.

pp. 16-24

Vieroslav Júda: The Assumptions and Aspects of post-1945 General Election in Liberated European Countries as Seen from the Viewpoint of International Law

Outgoing from the wording of Atlantic Charter, the fundamenal document of the Anti-Nazi Coalition, where war and post-war politicies of USA and UK were proclaimed and which the USSR joined later, the author has made a brief overview of politics in European countries, subject Axis's occupation.
In the first part the principles of the Atlantic Charter are discussed. The situation in both Axis (Italy), occupied (France, Poland, Yougoslavia and Greece) or satelite (Hungary, Romania and Bulgaria) countries and peoples during post-liberation time has been described in the second part of the presented article. Such issues as communists' coming to power in Eastern Europe or civil war waged against communists in Greece have been described. The comparison among revolutions performed „from underneath" and „from above" has been made in this largest part of the paper. The closest attention has been paid to Poland. In the conclusive part has the author emphasised the growth of communist movement in Europe.

pp. 25-33

Roman Hamala: The Significance of Prejudicial Proceeding in European Law

Though the European law has been based upon international treaties, its relation toward both private and public international laws is of autonomous nature and it constitutes, regarding the scope of its competence, an independent legal order. The precedence to national laws remains its attribute. It is binding not only for EU member states, but also for both nationals, i.e. physical persons, and EU based legal persons as well.
The European Court of Justice (ECJ) plays its important role in interpretation and application of the European law.
The author has focused on the way of settling discords between national and European laws through the ECJ and ECJ's participation in creating of the European law. In his article, an effort has been made to answer the questions concerning the ways of starting a prejudicial proceeding, its description as well as the positions of both the ECJ and national courts in prejudicial proceedings.
The success of proceeding depends upon the co-operation between national courts and the ECJ, when each of them play an active role.
Usually, national courts did not object to the submission of cases for interpretention to the ECJ. However, the distribution of competences between the ECJ and national courts brings some evidence of the declared power of the Article 177. of the 1951 Treaty on the EEC. The ECJ should judge just European law related topics.

pp. 34-44

Soňa Košičiarová: The Lugano Convention- How to Proceed?

The presented article is dedicated to the significance and contribution of the Convention on Civil Liability for Damage Resulting from Activites Dangerous to the Environment, as it has been adopted by the Council of Ministers of the Council of Europe, within the international legal system of environmental liabilities. The paper has been, in its basic structure, aimed at the investigation to what extent has been the legal order of Slovak Republic adapted to the intention of joining the Convention. The de lege ferenda reflections concern civic law rules of both material law and process law natures.

pp. 45-54

Peter Juza: The Theory of Geochronopolitics by L.I. Metshnikov

The author has drawn our attention towards a relatively unknown term „geochronopolitics". In this paper he has referred to a Russian geographer and sociologist L. I. Metshnikov (1838-1888) who made a synthesis of geopolitics and history.
In the first part he presents Russia as a country, which has been lead throughout its history by two factors - Russia's political geography and idealist fundaments of Russia's geopolitics. Its history has been shaped by conservativism and therefore it will stay a country, lead by geopolitical imperatives, while defending its geopolitical interests.
When studying the interrelationship between time and space in politics, two main groups have separated themselves, according to the subject they had put accent upon. However Russian intelectuals made their efforts to make a synthesis of the above two factors. Metshnikov then spoke about geographical synthesis of history. He has combined the factor of natural circumstances in space and social development in time. As applied on Russia's policy, the space has been limited in certain period by a horizon. In next period its policy has moved further.
In the conclusive part, as referred to Metshnikov's work, the necessity of unifying both space and time has to be stressed upon. A proper securing of this connection is nothing more than geochronopolicy in practice.

pp. 55-60

Stanislav Mráz: Immunities and Privileges

The issues of diplomatic immunities and privileges have always been and still are the subject of scientific discussions. Their importance has not been lowered, it has rather increased. What are immunities and privileges? How they have been understood in the past and how at present? What is their extent on the territory of third country? What is the position of the Vienna Convention on Diplomatic Relations as related to public international law of immunities and privileges? What are the regulations of their emergence and their extinction? What terms should be met by a state for renouncing immunities of its representative (as well as consular representative or a member of special mission, etc.)? The solution of not only these but of other questions is determining factor for the stage of realisation of international relations. The phenomenon of international relations (both diplomatic and non-diplomatic) shall persist further, so in the course of history emerges the need for better and more purposive ensuring of their functions. It is always the question of time, when the will will be sufficient for pressing their changes.

pp. 61-70

Jarmila Chovancová: How Should We Ponder upon Justice

As a large number conceptions of justice exist, a logical analysis is thus necessary, which could helps us to elucidate various formulations of justice as well as those points, where they mutually differ each other.
Therefore also at present has emerged a need to find out such a formulation of justice, that would make a basis for different conceptions of justice.

pp. 71-80

Nikolai Nikoslavich Afanasievski: Russia - NATO Founding Act - a Positive Achievement after Difficult Negotiations

The author has given a brief reminiscence of Russia - NATO negotiations of the Russia - NATO Founding Act - a document which may become a real basis for peaceful relations in Europe for coming decades.
In the first part of the paper the author has described a history of opposite attitudes and demands of both negotiating parts - NATO and Russia - toward the Aliance's enlargement eastwards. Mutual concessions were to be made so as to reach compromises in wording of this document of highest importance for not only both concracting parties but for the security of Europe as well.
The ideas that Russia has been recognised as as a equal pole of European and worldwide politics and that the Founding Act has become a firm basis for the cooperation between two main European poles have been expressed in this interesting article.
In the second part the fundamental significance of the Founding Act has been highlighted, i.e. that neither Russia nor NATO considers each other an enemy. Also the fact of NATO's transformation and the development of its political functions have been emphasised.
A perspective of future cooperation has been outlined as well as the description of the operation of its machine has been made in the concluding part of the paper.

pp. 81-87

Dimitri V. Trenin: Enlargement of the West

After having finished the Cold War, the continuing enlargement of the West has gained a different nature. Former adversaries, while making their best to become „more western" are paradoxically making the West „less western". The West will be simply compelled to progress towards the east so as to maintain its Cold-War structures. The integration of the West and East may finally lead to the creation of the North.
The accession of new members is accompanied by an outwards movement of the border of Western structures. This movement could bring a upsettingly toned feeling of local elites in the not invited countries, what can be accepted with reluctance from the part of those more powerful „outsiders" and may lead to the emergence of the tendencies - either adaptation or confrontation. It pays for Russia as well.
While Moscow has officially adopted the first one, the latter one still may persist, as ideology uses to be temporary but geopolicy permanent. Fortunally, new relations between Russia and NATO have been institutionalised.
The place for Russia remains inside an integrated Europe, as politicians of practise are interested more in geoeconomy than in geopolicy. It needs to rise above the subject of NATO's enlargement and to emphasise a co-operation with it, with the aim to build up Great Europe while Euroasia will become its central element.

pp. 88-92

Yevgeni Kozhokin: European Security: A Reflection on Realistic Utopism

The meaning of the concept of „Europe" has considerably changed from the ancient times and has ceased to be exclusively of geographic character. Europe has thus become not only a geographic but also a political, ideological and civilisational phenomenon as well.
To a certain degree, the positions of both the USA and NATO have changed, too. Similarly have the attitudes of either Europeans or Americans toward the USA - NATO relationship and the task of the USA in present-day Europe.
Due to these changes the role of the WEU grows step-by-step more important, though it requires to become a subject to further development and more profound changes, especially when the today's Europe cannot cope with the problems of European security. There are more conceptions of future WEU-NATO-USA relations.
In the case of failing these latter ones, the co-operation between Russia and WEU may show itself a useful though utopian factor in the Euroasian context of 21. century.

pp. 93-97

Dokumenty - pramene

Madridská deklarácia o euro-atlantickej bezpečnosti a spolupráci, Madrid, 8. júla 1997

pp. 98-105

Medzinárodný pakt o občianskych a politických právach

pp. 106-124

Medzinárodný pakt o hospodárskych, sociálnych a kultúrnych právach

pp. 125-135

Opočný protokol k Medzinárodnému paktu o občianskych a politických právach

pp. 136-140


pp. 141-145