Roman Goryunchick - Academia.edu (original) (raw)
Uploads
Papers by Roman Goryunchick
Bachelor thesis “The conflict between the right to self-determination and the principle of territ... more Bachelor thesis “The conflict between the right to self-determination and the principle of territorial integrity. Ways of solution from international law and practice” has the aim to find possible solutions for the conflict between the the principle of territorial integrity and the right for self-determination. The paper divides the problem in internal, looking to find solutions within the state borders and thus preventing the struggle with territorial integrity and external, when nation seeks to secede from the state.
In the first part of the paper are described both fundamental principles of international law, development and origins of the principles, their interpretation in the doctrine and clarifying possible confusions considering definition of those principles. In the research is used the Declaration on the Granting of Independence to Colonial Countries and Peoples as the fundamental primary source. External and internal nature of both principles is found.
For the self-determination principle the presence of ethnical and national acknowledgement is found as the starting point of the principle and for the principle of state integrity its origin from formation of national states was determined and its contemporary universal recognition as the norm of jus cogens. Conclusive section shows the essence of the conflict of those principles, being a subject of change in the postcolonial period. Conflict, however questioned by AO Opinion considering the Kosovo case, when the Court reaffirmed the inter-state character of the principle of territorial integrity, still exists, not only in the logical level, but also is highlighted in texts of various international treaties and is still discussed by legal scholars.
Second part is showing four separate cases of the claim of nation to exercise its right to self-determination while conflicting with territorial integrity of the state: case of East Timor, South Sudan, Quebec and Kosovo. Those cases were relevant to analyse for present paper not only to crystalize findings based on the positive international law, but also to show how in those cases the instruments provided in international law were used in order to find a solution for the conflict of principles.
In the third part, using interpreted in the first part principles, applying findings from the second part and seeking answers for the research questions and basing argumentation on the opinions of the a variety of legal scholars it is found out that:
The right to self-determination should not be blocked by the principle of territorial integrity as it would violate the principle of effectiveness of international law. The principle of territorial integrity and the right for self-determination should thus be balanced according to the democratic principle, which was recognized recently by the whole international community, and is requiring that the will of nation will form the state. If the democratic principle is respected within the state thus the right to self determination will also be respected which will prevent external form of self-determination.
However, if this right is not respected (a state is formed not in accordance with a democratic principle) and other serious violations of human right are taking place, there should be a possibility for exceptional cases of secession, although such a possibility should not be interpreted as a rule authorising secession in any case as it would lead to a global disintegration which would significantly destabilize international relations thus aggravating peace and security in our world.
(Romans Gorjunciks, Roman Goryunchcick)
In the absolute end of 2012 the negotiations have started to conclude the Transatlantic Trade and... more In the absolute end of 2012 the negotiations have started to conclude the Transatlantic Trade and Investment Partnership. Four years of hard negotiations and enormous work of EU bureaucratical machinery lead to... a complete failure. The small region in Belgium by voting against in the final vote overturn the previous efforts and abolished the whole TTIP project. The authors were fascinated with a result and powers one region can have to influence the EU decision making process; and were interested to research the reason behind that. In addition, authors had intention to find out and systemize practical methods for EU Member States to influence the EU in relation to questions, falling within the exclusive competences of the EU.
(Romans Gorjunciks, Roman Goryunchcick)
There is a lot of writings considering a great impact of American secret service. However, it see... more There is a lot of writings considering a great impact of American secret service. However, it seems that the role of intelligence is overestimated and mostly popularized by press. In fact, the Chili case must be regarded holistically. The research has shown that the reasons for the revolution were:
- Unprofessional acts of Allende
- Economic issues in US
- The inaccuracy of CIA itself
- The mood of the Chili’s army.
In other words, the facts and argumentation of this paper give right to conclude that the hypothesis is correct, i.e. to get a major shift in state’s political climate it is not enough to finance an opposition and influence the processes through political elite by intelligence service, but economical methods are effective in similar situations. Thus, looking through the prism of the conclusion of this paper on Sun Tzu’s famous quote: “know the enemy and know yourself; in a hundred battles you will never be in peril” one can make a deduction that it is much less accurate then his second thought: “if ignorant both of your enemy and of yourself, you are certain in every battle to be in peril57”. Thus, to achieve a major shift in political structure in the country it is not sufficient with just a work of secret services, but it is in anyway important and crucial element of the overall success. In addition to intelligence service work, the climate must be good for a change and major measures should be applied as necessary. Intelligence is a tactical measure that only can make road signs for the process, and measures such as economical statecraft are strategic measures.
(Romans Gorjunciks, Roman Goryunchcick)
Not all reasons are “above the ground” as weakness of Iraq as a state and religion as leading ... more Not all reasons are “above the ground” as weakness of Iraq as a state and religion as leading ideology, some of them are not so obvious, as angriness of Islamic minority at the system level, but nevertheless no less important to describe “phenomena of Islamic state.”
(Romans Gorjunciks, Roman Goryunchcick)
A cease-fire was signed in Minsk between the East Ukrainian rebels and the Ukrainian army on Se... more A cease-fire was signed in Minsk between the East Ukrainian rebels and the Ukrainian army on
September 5th 2014. On the contrary, the media war between mass opinions and purposeful
misinformation never came close to envisaging an end, especially on the social networking platforms. But which of the parties have more chances to win this media war?
(Romans Gorjunciks, Roman Goryunchcick)
In 1991 with the collapse of Soviet Union and though finishing a “cold war” due to downfall of on... more In 1991 with the collapse of Soviet Union and though finishing a “cold war” due to downfall of one of the two counter powers, new balance of powers was established in the world. USA as the dominant power in the world was a leading state in the world in economics, military and was very successful in balancing with soft and hard power. However during the last decade major regional powers as Russia and China have been trying to shift this unipolarity. It is obvious that change or attempt for it is started, but can we say, that unipolar world that existed more than 15 years is substituted by a multipolar distribution of powers, or it is another way of balancing?
(Romans Gorjunciks, Roman Goryunchcick)
Bachelor thesis “The conflict between the right to self-determination and the principle of territ... more Bachelor thesis “The conflict between the right to self-determination and the principle of territorial integrity. Ways of solution from international law and practice” has the aim to find possible solutions for the conflict between the the principle of territorial integrity and the right for self-determination. The paper divides the problem in internal, looking to find solutions within the state borders and thus preventing the struggle with territorial integrity and external, when nation seeks to secede from the state.
In the first part of the paper are described both fundamental principles of international law, development and origins of the principles, their interpretation in the doctrine and clarifying possible confusions considering definition of those principles. In the research is used the Declaration on the Granting of Independence to Colonial Countries and Peoples as the fundamental primary source. External and internal nature of both principles is found.
For the self-determination principle the presence of ethnical and national acknowledgement is found as the starting point of the principle and for the principle of state integrity its origin from formation of national states was determined and its contemporary universal recognition as the norm of jus cogens. Conclusive section shows the essence of the conflict of those principles, being a subject of change in the postcolonial period. Conflict, however questioned by AO Opinion considering the Kosovo case, when the Court reaffirmed the inter-state character of the principle of territorial integrity, still exists, not only in the logical level, but also is highlighted in texts of various international treaties and is still discussed by legal scholars.
Second part is showing four separate cases of the claim of nation to exercise its right to self-determination while conflicting with territorial integrity of the state: case of East Timor, South Sudan, Quebec and Kosovo. Those cases were relevant to analyse for present paper not only to crystalize findings based on the positive international law, but also to show how in those cases the instruments provided in international law were used in order to find a solution for the conflict of principles.
In the third part, using interpreted in the first part principles, applying findings from the second part and seeking answers for the research questions and basing argumentation on the opinions of the a variety of legal scholars it is found out that:
The right to self-determination should not be blocked by the principle of territorial integrity as it would violate the principle of effectiveness of international law. The principle of territorial integrity and the right for self-determination should thus be balanced according to the democratic principle, which was recognized recently by the whole international community, and is requiring that the will of nation will form the state. If the democratic principle is respected within the state thus the right to self determination will also be respected which will prevent external form of self-determination.
However, if this right is not respected (a state is formed not in accordance with a democratic principle) and other serious violations of human right are taking place, there should be a possibility for exceptional cases of secession, although such a possibility should not be interpreted as a rule authorising secession in any case as it would lead to a global disintegration which would significantly destabilize international relations thus aggravating peace and security in our world.
(Romans Gorjunciks, Roman Goryunchcick)
In the absolute end of 2012 the negotiations have started to conclude the Transatlantic Trade and... more In the absolute end of 2012 the negotiations have started to conclude the Transatlantic Trade and Investment Partnership. Four years of hard negotiations and enormous work of EU bureaucratical machinery lead to... a complete failure. The small region in Belgium by voting against in the final vote overturn the previous efforts and abolished the whole TTIP project. The authors were fascinated with a result and powers one region can have to influence the EU decision making process; and were interested to research the reason behind that. In addition, authors had intention to find out and systemize practical methods for EU Member States to influence the EU in relation to questions, falling within the exclusive competences of the EU.
(Romans Gorjunciks, Roman Goryunchcick)
There is a lot of writings considering a great impact of American secret service. However, it see... more There is a lot of writings considering a great impact of American secret service. However, it seems that the role of intelligence is overestimated and mostly popularized by press. In fact, the Chili case must be regarded holistically. The research has shown that the reasons for the revolution were:
- Unprofessional acts of Allende
- Economic issues in US
- The inaccuracy of CIA itself
- The mood of the Chili’s army.
In other words, the facts and argumentation of this paper give right to conclude that the hypothesis is correct, i.e. to get a major shift in state’s political climate it is not enough to finance an opposition and influence the processes through political elite by intelligence service, but economical methods are effective in similar situations. Thus, looking through the prism of the conclusion of this paper on Sun Tzu’s famous quote: “know the enemy and know yourself; in a hundred battles you will never be in peril” one can make a deduction that it is much less accurate then his second thought: “if ignorant both of your enemy and of yourself, you are certain in every battle to be in peril57”. Thus, to achieve a major shift in political structure in the country it is not sufficient with just a work of secret services, but it is in anyway important and crucial element of the overall success. In addition to intelligence service work, the climate must be good for a change and major measures should be applied as necessary. Intelligence is a tactical measure that only can make road signs for the process, and measures such as economical statecraft are strategic measures.
(Romans Gorjunciks, Roman Goryunchcick)
Not all reasons are “above the ground” as weakness of Iraq as a state and religion as leading ... more Not all reasons are “above the ground” as weakness of Iraq as a state and religion as leading ideology, some of them are not so obvious, as angriness of Islamic minority at the system level, but nevertheless no less important to describe “phenomena of Islamic state.”
(Romans Gorjunciks, Roman Goryunchcick)
A cease-fire was signed in Minsk between the East Ukrainian rebels and the Ukrainian army on Se... more A cease-fire was signed in Minsk between the East Ukrainian rebels and the Ukrainian army on
September 5th 2014. On the contrary, the media war between mass opinions and purposeful
misinformation never came close to envisaging an end, especially on the social networking platforms. But which of the parties have more chances to win this media war?
(Romans Gorjunciks, Roman Goryunchcick)
In 1991 with the collapse of Soviet Union and though finishing a “cold war” due to downfall of on... more In 1991 with the collapse of Soviet Union and though finishing a “cold war” due to downfall of one of the two counter powers, new balance of powers was established in the world. USA as the dominant power in the world was a leading state in the world in economics, military and was very successful in balancing with soft and hard power. However during the last decade major regional powers as Russia and China have been trying to shift this unipolarity. It is obvious that change or attempt for it is started, but can we say, that unipolar world that existed more than 15 years is substituted by a multipolar distribution of powers, or it is another way of balancing?
(Romans Gorjunciks, Roman Goryunchcick)