Academicus International Scientific Journal

26-39

Authors: Shkёlzen Selimi

The issue of whether to establish Specialist Chambers within the Kosovo justice system for alleged war crimes committed in Kosovo has been, arguably, one of the most heated debates not only from a political and social point of view, but also from a legal one. While the required amendments in the Constitution and several laws of Kosovo necessary to establish the Specialist Chambers in furtherance of the agreement dated 14 April 2014 between the Republic of Kosovo and the European Union on the Mission of the European Union Rule of Law Mission in Kosovo (“EULEX”)1 will certainly create heated debates in the political level, one may argue that the legal issues that are expected to be encountered when the Specialist Chambers will be operational, may be even more pressing. This is in consideration of the peculiar nature of the Specialist Chambers, which are meant to have their basis within the laws of Kosovo, but at the same time, be independent from them and from control of Kosovo authorities. The purpose of this article is to delineate the possible legal issues that might confront the Specialist Chambers of Kosovo. Its main argument is that, while the Specialist Chambers seem to follow the experience of other hybrid internationalised courts, it still differs from them in some aspects. The challenges that the new Specialist Chambers may need to tackle deal with its jurisdiction and position within the Kosovo Judicial system, and its legitimacy and legal basis.

54-65

Authors: Agim Leka

The collapse of totalitarianisms, the integration and transition global are objective phenomena, which changed many political and social doctrines, which relate to democracy and civilization. A review of relations between civilization and polity is most necessary. At the same time this process was companied with the crisis philosophical thought, as with as the need for a deep reflection in this area. Transition is the moving integration of society from ideology to the reality culture (the values system) and the integration of three truths: philosophical, scientific and religious. And the most effective vehicle is the cultural intercommunication. In global era the integration is a cultural intercommunications and the philosophy itself is an essential cultural. The dialectic of transition and integration in global time. The cultural shock and the vulgar hedonism. Paradox between interest and principles. The paradox of modern Transitology is it between time and space, or, between past time and future time, has made that many today’s society to be gripped by a severe conflict between the two sides: the old and new; the political right and the political left. The moral paradox or the paradox of “two twin brothers”.

89-102

Authors: Igor Gelev, Muhamet Racaj

International correlations through the last years have been remarked as dramatic in character, and very often followed through with unpredictable events, such as the Arab spring, chronic and confessional wars raging through the Middle east, than the unprincipled informal collation of the great forces merging with variety and different in character formal and less formal state-of-actors, than worth mentioning is the recent war prelude in Ukraine which on top has all been spiced and made far more constrictive indeed by the arrival of the global economic crisis in energy resources as well as naturally found ones, that has well paid so far contributing led to the overflowing of the crisis itself from the world’s center towards its margins. Since the end of the cold war, the most powerful and the most economically ascendant countries have started to promote a very new breed type of concept which deals with export and imposing of its own ideology. Diplomacy has well been turned into an instrument for realization of the external affair politics of the great powers and this diplomacy has been thus transformed from traditional in character to modern in origin, or better - public diplomacy. But this breed of public diplomacy had its own limits in terms of its range influence which was shortcut in the days of lack of energy resources as well as naturally found pack resources in the sense of energy excavation, and thus we witnessed the arrival of the newly formed type of diplomacy in place of the public diplomacy, named energetic diplomacy. Today energetic diplomacy is a representative of modern diplomacy or better a unique type of “stick and carrot” modulated for the weak and well developed rich states which are dependent on energy resources naturally found or not. During the era of the predomination of traditional politics over power in international correlations, it was then the most important thing who would be the one to deal with the most military power arsenal and later economic power as well that determined supreme leading force. Many of us would ask does this mean the reincarnation of the so called almost forgotten Cold War only now coming in such a shape that seems to be far more terrifying in character with a great deal of chance to impose the brink of a new world war and another humanitarian wash-out to humanity.

112-119

Authors: Maria Antonietta Selvaggio

In this paper we reflect on some analysis conducted by researchers as Laura Balbo, Mary Catherine Bateson and Martha Nussbaum who, although having not had direct relations among them or specific partnerships, have greatly contributed to elaborate concepts and categories regarding our new vision of the well-being. This concept, so dear to the economist Amartya Sen, draws nourishment from thoughts and lived belonging to women’s life experience, particularly as concerning their capacity to organize their daily and family life, taking care of others, shouldering the vulnerabilities and building their biographical paths with creativity and adaptation. So we can understand what is a good life through the realization of our abilities, that is of each person, and not using a utility calculation. This involves a new approach to life quality and human development, that is exactly the capabilities approach described by Sen, rehashed by Nussbaum but, for some aspects, it was already present into the studies which characterize the gender prospective.

128-137

Authors: Fjona Zeneli

While water demand is projected to grow by 41% by 2030, considering also the ultimate reserves of drinking water, it is believed that this element will attract the majority of investments in the coming decades. Opportunities in drinking water sector are numerous, because its process of providing and delivery of drinking water includes many aspects: management of infrastructure, design of technological solutions, conservation and water’s quality. These opportunities result from the difference between water supply and water demand; an increasingly difference that requires capital investments in production and water treatment technologies. Investments need to be combined with the knowledge on the legislation, regulatory framework and technological developments. This article may serve to clarify type of investments in drinking water sector, known by literature, to identify opportunities of investment in this sector, indicating the theoretical framework of beta and alpha risk ratio coefficient calculation and to suggest how these types of investments can be allocated to the investment portfolios.

145-159

Authors: Laureta Mano

This study is divided in three parts which intend to meet the following targets: Primarily to provide theoretical approaches toward the concept of equality in the healthcare. In the theoretical treatment of the concept of equality in health care the authors are cautious while making the difference between equality and justice; between equality in levels of health or health care and equity in financing etc. Secondly target it to assess the concept implemented in our legislation and make an overall assessment of whether this legal framework is comprehensive and convenient for the realization of the right to health care enshrined in the Constitution. The Albanian legislation stipulates that health care in the Republic of Albania is guided by very important principles. These principles embody the Constitution predictions from the formal point of view, primarily when declaring the right to health care as a key right of the individual, as well as when guaranteeing the equal rights based on non-discrimination. Thirdly to determine some of the specific areas of the legislation, which have to be improved and completed. After the analysis make in this paper, we found the need for some theoretical and practical improvements, which are reflected in the conclusions.

171-183

Authors: Elizabeta Tosheva

The recent economic and financial crisis caused a severe blow to the fragile Macedonian economy, halting the positive development trends in the last decade. This, has in turn, intensified the future challenges. The paper intends to analyze the impact of global economic crisis on the Macedonian economy focuses mainly on the macroeconomic level, identifying and analyzing fluctuations of major macroeconomic indicators that reflect the development and macroeconomic balances of the economy, such as GDP, the level of employment, inflation, budget deficit, public debt, etc. Secondary analysis of previous quantitative data and published studies, combined with an own qualitative study in the field, has provided a reliable and convincing basis for analysis. The experiences and lessons taken from the global economic crisis should serve as a basis for changing the current economic model with a new one in order the economy of the country to catch a connection with the intense changes that are expected to occur in the coming period. It is expected that creating new economic model in Republic of Macedonia will result in multiple positive effects that primarily manifested in the increasing number of newly small and medium enterprises, domestic investments, industrial production, GDP, number of new employees and total exports as well as in reduction of the trade deficit in maintaining macroeconomic stability of the country.

205-207

Authors: Laura Ferrarotti

This is a book review of the volume edited by Roberta Piazza and Alessandra Fasulo, and entitled Marked Identities. Narrating Lives Between Social Labels and Individual Biographies, Palgrave Macmillan, London-New York, 2015. The book consists of various interviews with individuals whose lives, mainly because of the group to which they belong, could be viewed as ‘marked’. The difference between the idea of ‘stigma’ and the notion ‘marked identity’ is underlined, together with the idea of ‘diversity’, which today is not necessarily something that one should hide but, quite the opposite, something one can be proud of. One of the main ideas of this text is that identity is not a rigid reality but a process, by which individuals negotiate the version of who they are with others.