"EAST-WEST STUDIES" is a peer-reviewed Journal of Social Sciences of Tallinn University’s School of Governance, Law and Society. It was established in 2007 and has since published one issue annually. Every published article undergoes a double-blind peer-review process before being accepted for publication. The journal is open for submission for scholars from around the world and all social sciences disciplines; the international editorial board consists of respected academics from Estonian and international universities.
Tallinn University School of Governance, Law and Society
Co-Creating Community-Based Solutions through Social Media in Estonia during the COVID-19 Pandemic
In this study, we aimed to explore and describe the prosocial behaviour of the community during the COVID-19 crisis in Estonia on Facebook, using mixed-method content analysis. This article focuses on the role of social media in co-creation in the context of the COVID-19 pandemic and the use of Facebook (FB) as a modern communication technology in times of crisis. Our goal was to learn how Facebook as a social media channel can be a tool and accelerator that allows people to find solutions to social problems in communities experiencing crises. The focus of the research is on finding solutions in co-creation for vulnerable target groups, including the elderly, people with disabilities, and other people who need support. This research expands on the role and potential of using FB as a communication platform to enhance co-creation. We used Kaun and Uldam’s (2018) model as a theoretical framework for this study. The study is characterised by a descriptive and exploratory research design. We studied the prosocial behaviour of the community on Facebook through a three-stage mixed method content analysis of existing data, including posts and comments on FB pages, using both quantitative (descriptive statistics) and qualitative (thematic analysis) data analysis methods. Our findings suggest that Facebook as a social media channel could be successfully utilised as a tool for sharing calls to action, activating citizens to co-create solutions, and disseminating results.
Copyright (c) 2022 East-West Studies https://creativecommons.org/licenses/by-nc-nd/4.0
Exploring ‘Overdeveloped’ Post-Communist Autocracies
This review article focuses on the phenomenon where some countries do not follow the general pattern suggested by the modernisation theory – the more developed, the more democratic. Former Soviet states like Russia, Kazakhstan and Belarus appear as anomalies displaying very high level of human development, despite being fully authoritarian. Considering that divergence, this article reviews main theoretical approaches used to explain democratisation and autocratic resilience of post-communist regimes. In addition, a preliminary test is conducted to evaluate the potential of these theoretical approaches to address the fact that such countries outperform both more open neighbouring nondemocracies and some democracies. While some theories imply possible explanations (patronal politics, conditional approach to resource dependence, and market social contract), none of them sufficiently discloses the hidden mechanism behind such an anomaly, implying the need for more in-depth studies.
The independence of the colonies did not mean the end of colonialism in the international system. The international institutions of political, economic, and security management remained colonial. The return of China and India as major players in world politics and their attempt to determine their place in the world politics by themselves from their own perspectives has triggered decolonisation, both in the world politics and in the study of international politics. The role of South Asia in changing world politics is crucially influenced by Indian politics. Since independence, India’s goal has been to become one of the world’s leading powers, if not the leading one, at least morally. Here, India looks to its mythical past in history and the restoration of lost greatness, which defines Indian politics in its neighbouring regions of South Asia and, more broadly, throughout Asia. India’s problem, however, is China’s similar efforts to restore its own mythical greatness and leading role in the world system. In pursuing it, China is seeking to limit India’s influence in Asia, especially in South Asia and the Indian Ocean. In this way, the tension between China and India plays a central role in the foreign and security policy of the entire South Asian region. It also challenges India to seek partners with whom it could jointly limit China’s growing influence in its own neighbouring regions and, more broadly, throughout Asia.
Governing Transnationalisation and the Transformation of Sovereignty
In this article, we examine transnationalism and its governance with a view on the transformation of sovereignty. Transnationalism and sovereignty are in many ways conflicting but also necessarily connected. We explore these connections, more specifically, how the states (governments) govern, regulate, and utilise contexts that have developed transnational characteristics – e.g., via migration, economic transnationalisation, and meso-level trans-border cooperation. On this basis, we develop a typology of state-driven governance of transnationalism. This typology is discussed in juxtaposition to sovereignty as a multidimensional phenomenon and related to the main aspects of sovereignty: internal, external, and popular sovereignty. We conclude that transnationalisation is governable by the states, given adequate institutional arrangements. Sovereignty, especially internal sovereignty, can also be accumulated by the governments in transnational contexts. Popular and external sovereignty become fuzzier as people move around, and so does territory, as states no longer operate confined only to their borders. Instead, the administrative state becomes more relevant as the locus of sovereignty, as transnationals are necessarily related to administrative rules and procedures governing their movement, settlement, and activities. However, to the extent popular and external sovereignty remain relevant, they act as balances to the increase in internal sovereignty.
Globalisation by Other Means? Hegemonic Continuance and Rising Powers – A Framework of Analysis
This paper engages in conceptual and theoretical debates about the dynamics of continuance and conflict in contemporary globalisation. Its particular focus – shaped by an invitation to write on these themes by the editors of the East-West Studies Journal – is on the question of hegemonic continuance and the role of rising powers in laying down the settings of future globalisation. These questions are operationalised through a discussion of five different but overlapping perspectives. The first two perspectives focus on evidence about systemic continuance or resilience: (1) that liberal economic order remains largely unchallenged and that thus, the liberal economic order is likely to remain even if the political norms that underpin the liberal order are heavily constrained, (2) that economic globalisation continues to be driven by market rationality, and so far new institutions have been more supplementary than direct challenges. The two following perspectives, on the other hand, put more emphasis on the elements of conflict. The third (3) perspective points out the rising discontent with global governance not only from rising powers but also and particularly from the US, emphasising that the question of how the US will relate to the changing power relations in the world is of crucial importance to the resilience of the current system. The fourth (4) perspective brings in the concept of geo-economics, arguing that one key factor in the systemic continuance of the liberal order has been that of realism and that China has more recently taken up the leading role. Finally, the fifth (5) section seeks to go beyond these perspectives and asks the relevant question about whether we should not seek alternative ways to examine international relations (IR), especially the need to include voices from outside the traditional centres of power. In sum, the article sets out the possible frames through which IR as a discipline will present the coming changes in the arc of globalisation, and what they will mean for the field as a whole.
Is the era of globalisation at its end? The decline of the Washington Consensus has been in the zeitgeist for years now – but what is next in line? A multi-polar liberal world? A withering of the institutions of post-World War II stability? A retrenchment of regional spheres of influence – a central power for each jealously enforcing its will?
The Media as a Promoter of the Co-Creation and Innovation of Services in Võru County in Estonia
This study analyzed the co-creation of new initiatives in the communities of Võru County in Estonia from the perspectives of media reflection and communication. A social hackathon was used as a method for co-creation, bringing stakeholders together to develop innovative service solutions. Data were collected during three social hackathons in 2018 and 2019 and included media coverage (n = 120) and opinion notes (n = 300). Findings indicate that media publications re#ected the problems of vulnerable groups; the media’s role was to support the co-creation processes by creating a stage for active citizens to share ideas and discuss solutions
Copyright (c) 2020 East-West Studies https://creativecommons.org/licenses/by-nc-nd/4.0
The legitimation of public sector reforms – the case of Estonia
There is a growing debate on the political legitimacy of government and its deficiency or even crisis but very little attention has been drawn to legitimation as the process of creating legitimacy. The article turns its focus to legitimation and analyses how the theoretical frameworks of F.W. Scharpf1 (input vs output legitimacy) and I. Blühdorn2 (subject-centred, abstract and performative legitimacy) help shed light upon two lengthy reform processes and the creation of legitimacy in Estonia. The basic decision-making rationales reflecting either NPM or network-based governance are also analysed throughout the legitimation process. The article shows how legitimation in Estonia mostly falls into the categories of output-oriented and abstract or performative legitimation with reflections of the prevalence of NPM. Many stakeholders are often seen as institutionally too weak to give their input to policies and in fear of unconstructive engagement, public servants prefer to legitimise ready-made policies. The article explains how legitimation could be seen as a governing tool to overcome these tendencies.
Relocation and resettlement of refugees in the European Union – what has happened to solidarity?
The idea of a united Europe was created by people from different disciplines – scholars, philosophers, political leaders, artists, and religious leaders. It is also similar to the decision to start a war. It usually is a decision of leaders who think that this is the only way to resolve problems. Attempts to unify Europe were made after the emergence of cruel conflicts. The Romans tried to unite the European continent by conquering states during a period known as the post-Republican period of ancient Rome. This state was composed of large territorial holdings around the Mediterranean Sea in Europe, North Africa, and West Asia ruled by emperors. Rome remained the nominal capital of both parts until 476 AD. The fall of the Western Roman Empire to Germanic kings, along with the Hellenization of the Eastern Roman Empire into the Byzantine Empire, denoted the end of Ancient Rome and the beginning of the Middle Ages. But the wars and conflicts on the European continent continued.
EU’s Hopeless Crises in Postmodern Reality
Although we are going to put forward several statements regarding problems within the EU, they should not be interpreted as a way towards possible solutions. EU structural problems are endemic and thus do not have solutions. The list may include 10s of items but even some of them, crucial ones, lead to the EU’s hopelessness.
Modern versus Postmodern State and Sovereignty
In today’s globalising and fragmenting world, where the great picture of sovereignty is being replaced by ‘language games’ around this notion, it is worth noting that there has not actually been much discussion of the term. In many articles the dispute is rather short and not deep enough in comparison with discussions of other terms in international law. The designation of ‘sovereignty’ needs to also take into account the cultural diversity of the world – different dominant beliefs, customs, ethnic traditions, and values. In relation to globalisation, the existence of different civilisations and values side by side creates a completely new situation. In order to understand paradigmatic breakthroughs in statehoods and sovereignties in today’s globalising world, we will take a retrospective look at when modern states were just starting to develop.
How to Regulate the Future of Technology: Challenges and Principles
The intention of this paper is to reflect on the future of regulation in order to face the great challenges that new technologies are poposing, especially for regulators. The current regulatory system is forced to make enormous efforts to keep up with technological changes. For this reason, we want to think about whether the current model of slow and deliberate regulation is fully valid, or on the contrary whether we should aim for a more agile form of regulation to reach a balance between allowing innovation and the development of technology, while never forgetting the defence of the rights of the consumers or users of these technologies. The European Union has proposed developing a harmonized legal framework that provides legal security to all citizens of the union as a fundamental piece of this “new regulation” and in turn allowing European companies to compete internationally, and not just in the European context.
Copyright (c) 2019 East-West Studies https://creativecommons.org/licenses/by-nc-nd/4.0
Unternehmerische Freiheit im Bereich der Fflüssigen Brennstoffe in Estland und in Anderen Europäischen Staaten
Der Anlass, das Thema der Regulation des Rechts der unternehmerischen Freiheit im Bereich der flüssigen Brennstoffe in Estland zu behandeln, ergibt sich aus den Fragwürdigkeiten und aus den möglichen Widersprüchen mit dem sich aus § 10 des Grundgesetzes (Põhiseadus)1 ergebenden Grundsatz bei der rechtlichen Regulation des Bereiches der flüssigen Brennstoffe, aus dem Einfluss der Regulation auf die Entstehung der Monopole, auf die Bremsung der technischen Entwicklung und auf die Reduzierung des Steuerbetrugs. Es ist wichtig, im Vergleich zu den Garantieansprüchen im Bereich flüssige Brennstoffe weniger restriktive und mit geringerem Aufwand verbundene rechtliche Lösungen zu finden, die es ermöglichen, die Vorkehrungen für die Bereitstellung der Informationen, die in den Tankstellen mit dem Treibstoff für Kraftfahrzeuge in Verbindung stehen, zu treffen und die Vertrauenshaftung der Betreiber zu erhöhen. Bei der Bestimmung der Qualifikationsanforderungen für die Personen ist die Beschränkung der unternehmerischen Freiheit im Bereich weniger belastend, macht die Versteuerung mit Verbrauchssteuer genauer und ermöglicht es festzustellen, wer die Steuerbetrüge veranlasst hat.
Arrest of Ships: Estonian Maritime Law and Practice under Review
In 2015, the Ministry of Economy and Communications commissioned an analysis of the necessary tasks for the codification of the existing Estonian maritime law (de lege lata) and the law firm Consolato del Mare OÜ was assigned the task. A report on the analysis on 265 pages was then compiled and delivered to the ministry by three experts: Indra Kaunis as owner of that law firm, Alexander Lott and the author of this article.1 Based on this knowledge, the Ministry proceeded with the State procurement tender #176195 “Maritime Law Review” and a 3-year project (2017 – 2019) was launched. These three experts – Indra Kaunis, Indrek Nuut2 and the author – agreed among themselves which maritime laws they will analyse as the primary experts, and who will be the secondary expert helping the first in certain specific questions.
The End of Grand Narratives: Legitimation of Truth and Sovereignity
The paradigm of the modern state started to be more widely criticised in the 1960s and 1970s, when it became clear that many Enlightenment ideas were losing their relevance in the rapidly changing contemporary world. Criticism of the modern paradigm declared an end to grand narratives.1 This included narratives about sovereignty and the state, freedom, truth and progress. The desire for an object and objectivity came to be replaced by a focus on the subject. Variety, fragmentation and difference are the key words of postmodern society. The goals and desires of the subject living in a particular society and culture are those that construct the world we live in, including the concept of national sovereignty. The author agrees with Lyotard that the actual great values—freedom, truth and progress that were born in the Enlightenment and ‘hovered’ in western culture for almost one and a half centuries, and now that the paradigm of globalism is changing—have turned against themselves in crisis. Whilst postmodernism in the midst of the 1980s and 1990s was still optimistic and saw the grand narratives of modernism as surpassed, one could notice signs of deep pessimism in postmodernism from the start of the 21st century. Such emotions have particularly expanded since the terrorist attack on the WTC in New York on 11 September 2001, and also since Western intervention in Iraq in 2003.
Contemporary International Society and Law: Kant versus Hobbes
In the Age of Enlightenment people began to believe that knowledge provided the power to change society in order to move towards a better, more progressive international society and law. The new issues dealt with concerned political freedom and sovereignty. How have these views affected the contemporary understanding of society and law? In the general context we can speak of two opposing approaches towards international society and law.
Making India’s Idea of Strategic Autonomy Simple. Non-Alignment Revisited
India’s foreign policy decisions and actions are often questioned and debated in the context of great power polarities. Although the context for discussions is relevant, India’s experiences in recent history, especially during the Cold War have been underestimated and overlooked. This article argues that challenges during the Cold War and the foundations of NonAligned Movement (NAM) should be considered fundamental when explaining India’s foreign policy decisions and the idea of strategic autonomy that drives its politics on international arena. Even more, considering the NAM principles and building upon post-Cold War decisions, India’s idea of strategic autonomy reflects Nehruvian idealistic and moralistic principles combined with PM Modi’s realistic foreign policy principles. These principles and the idea of strategic autonomy will be explained through three Indian foreign policy choices. Firstly, India’s focus on the region exhibits the desire to build up a strong region to minimise the risks from possible great power rivalries. Secondly, relations with emerging powers like BRICS and IBSA demonstrate the ambition of building up a just world order. Thirdly, India’s ambition to reform UN and its economy exhibits its ambitions of raising into a great power status where power and responsibilities are interrelated. Finally, India’s idea of strategic autonomy will be explained, where power, responsibilities and moralistic world view are all part of it.
Copyright (c) 2018 East-West Studies https://creativecommons.org/licenses/by-nc-nd/4.0
Integration, Catching-up and Development Ceilings. The usability and explanatory capability of the semi-periphery term in the analysis of Central and Eastern European countries’ development trajectories
The turning of Central and Eastern European (CEE) economies on the path of building a market economy, their subsequent integration into the European Union’s economic space, and finding their place in it is a geo-economic process of pan-European or even broader significance that takes decades. It has not always been possible to adequately foresee the continuation of this process, the acceleration or slowing of economic growth, faster development of integration or its obstruction. The same goes for the dynamics of more global processes and crises, which all exert their influence on events in our region. Politicians as well as economists have offered unjustifiably optimistic forecasts and sometimes created groundlessly bleak scenarios. Theoretical bases for interpreting, directing and monitoring these ongoing processes have usually been hastily drafted “on the move” and then adjusted to conform to the current reality. As examples we can mention the economic transition theory, the “catching-up” types of approaches, and theoretical positions according to which the economic integration and various types of harmonisation were organised. Of course, there were certain more general theoretical foundations in the fields, such as the theory of economic growth, theories on international trade, developmental economics, etc., but all these were quite general and linking them to particular time periods and the specifics of the region was anything but easy.
Implementation of Joined-up Governance for Solving Youth Employability Issues in Estonia: Matching EU Pressures and Civil Servants’ Perceptions
This article focuses on the supply side of joined-up governance in youth policy. Theoretically, the article seeks to contribute to a better understanding of how the challenge for more intense cooperation has altered the roles of central government in local policy implementation, and how civil servants adapt to this new situation. Empirically, the analysis represents a case study of the provision of integrated labour market services for youth in Estonia, focusing on one-stop-shop Pathfinder service centres. We analyse the EU’s impact on pushing national governments to apply a joined-up approach in youth policy. We study how joined-up thinking is reflected in national policy strategies and institutional arrangements, and then compare this institutional framework to intersectoral cooperation practices and perceptions of civil servants toward joined-up governance for solving youth issues. The analysis revealed that joined-up governance in Estonia is supported by the relevant domestic and European policy strategies and is accepted by civil servants as a more efficient way to provide youth employability services. Although the readiness of actors for cooperation has been seen as the main premise for joined-up governance, there was also a clear expectation that cross-sectoral joined-up working should be initiated firstly at the ministerial level, as it would then be easily transited to the local level.
What Is Compliant Presentation under the Law of Documentary Letters of Credit?A Critical Analysis of Article 14 of the UCP 600
Documentary letters of credit are among the most popular methods of payment in international transactions. The key to their success is in reducing the risk for exporters by replacing importers’ financial undertakings with a guarantee of payment from a bank. Within the framework of a complicated process, a bank will guarantee to honour the seller’s presentation of complying documents with terms of credit on behalf of the creditworthy buyer, who will compensate the bank based on another contract. By applying two principles of autonomy and strict compliance, documentary credit mitigates the existing commercial risk of trade between a buyer and seller who are in different countries and have no information about the financial capacities of each other’s businesses. These two principles are regulated under the Unified Customs and Practices for Documentary Letters of Credit (the UCP), which was promulgated by the International Chamber of Commerce for the first time in 1933. The constant revisions of the UCP (current version UCP 600), which reflected current market practices, resulted in a global turnout of traders and its recognition as one of the most successful sets of rules introduced by the private sector. The main idea behind the introduction of the UCP (as confirmed by ICC officials) was to harmonise rules applicable to international LC transactions at the global level. However, it should be noted that the UCP has no power of law, and in case of any conflict between its provisions with national law or absence thereof among its provisions, national law will prevail. Therefore, it is of crucial importance that its degree of harmonisation with national laws in preventing possible losses to traders and bankers active in the practice of international trade finance be defined. This paper studied general requirements for compliant presentation within 14 articles of the UCP 600 in comparison with requirements under English Law. In order to provide a complete picture to the reader, this paper analysed the respective sections of other ICC publications, including ISBP 745745, DOCDEX decisions, and ICC Banking Commission Opinions along with the UCP. The main purpose behind this paper is two-fold: Firstly, it tries to provide a legal analysis of the general framework of compliance requirements for documents under the UCP 600. Secondly, it strives to find existing conflicts between respective provisions in the UCP 600 and English Law. Recognition of such conflicting areas can be used as advice for the drafting committee of the UCP to achieve their goal of further harmonising the practice of international trade finance.
Copyright (c) 2025 East-West Studies https://creativecommons.org/licenses/by-nc-nd/4.0
Comparative Analysis on the Implementation of Article 19 of United Nation Convention on the Rights of People with Disabilities in Eight European Countries
The transition from institutional to community care for vulnerable people has been shaping the welfare system in Europe over the last decades. For the period of 2014-20, deinstitutionalisation became one of the highlighted priorities of the European Commission in order to promote reforms in disability and mental health care in the convergence regions, too. Between 2007 and 2013, Estonia as many other Eastern European countries implemented the first wave of deinstitutionalisation, and during the new EU budget period a second wave will be carried out in order to continue and hopefully complete the transition. In this study, we try to give an overview of the experiences of different European countries, highlighting good practices and possible pitfalls.
Copyright (c) 2017 East-West Studies https://creativecommons.org/licenses/by-nc-nd/4.0
Complexities of Participating in Estonian Labour Market: Experiences of Persons with Mental Health Problems, Employers and Service Providers
The article explores how mental health services, social services and support from employers enable young persons with mental health problems to participate in the labour market. The qualitative study based on 32 semi-structured interviews was carried out within the framework of the project “Positive Attitude Development (PAD) – access to labour market for young adults with mental health problems” among persons with mental health problems, service providers and employers in Estonia. The results showed that young people with mental health problems, aged 18-35, are interested in participating in the labour market, but they experience multiple problems in different domains of life due to their disease, an insufficient educational level and working skills, and the lack of a supportive environment. Employers are motivated to employ them, but they need more support and counselling. A various selection of supportive services has been developed and provided by the Unemployment Insurance Fund, but the availability varies in different Estonian regions. The service providers and specialists point out the positive influence of the closest network and support programmes. The main supportive key elements were identified to be the following: (1) increasing tolerance and changing attitudes towards mental health problems in society; (2) more equal and open opportunities to participate in community life; (3) the need for the provision of specific support services in order to increase the self-confidence and working skills of youth and to develop the cooperation between service providers and employers; (4) more flexible solutions are needed for encouraging employment and entrepreneurship among vulnerable people in the community. Using the potential of the Estonian eGovernance system, easy access to entrepreneurial opportunities, flexible part-time positions and taxation solutions are needed to increase entrepreneurial spirit among young people with mental health problems.
Empowering Animals with Fundamental Rights – the Vulnerability Question
In the search of applicable methodological tools for analysing the phenomenon of empowering animals with fundamental rights, the question of animals as a vulnerable group has received (undeservedly) little attention. Animal rights is an area where sociological and legal sciences meet, making it an exemplary interdisciplinary research area. It appears that the question of attributing fundamental rights to animals has primarily been studied by legal scholars, who view this as an issue having strong ethical and philosophical component. The main legal theoretical approaches to animal rights – such as the welfarist, abolitionist and middle-position – avoid focusing on the question of vulnerability. This is probably because vulnerability is a sociological and not a legal criterion. What seems missing from today’s global discourse on animal rights is an empirical aspect of how the society understands the need for protecting animals. The doctrine of vulnerability may serve as one interdisciplinary tool to analyse the growing attention to animal rights. There are many examples from the history of mankind that demonstrate how some vulnerable human groups have been deprived of basic rights and subsequently have been gradually provided with full recognition of their rights (ethnic and gender minorities, women, people with disabilities). The author is not arguing that there is sufficient theoretical or empirical information to consider animals as a vulnerable group. Nor is there a consensus about what vulnerability means in legal terms. The author wishes to demonstrate that the matter of vulnerability of animals is a research question that needs to be explored in depth, using both sociological and legal methods. More broadly, this article shows that the current stage of theoretical analysis of the reasons for animal protection inevitably leads to the fundamental rights questions of animals. Conversely to international law, where the ‘nuclear option’ means the exclusion or exit of someone or something, in the context of animal rights the ‘nuclear option’ means universal acceptance of the capability of animals to have fundamental rights, which will substantially change the human rights framework as we know it forever. The number of scholars who write about the need for change in theoretical and practical paradigms governing the protection of animals is reaching a critical point, which means that this shift is merely a matter of time. Recognising theoretically that at least some animals have at least some fundamental rights, and then proceeding to this recognition in soft and hard international law is inevitable, if my proposition of a paradigmatic change either on the horizon or already ongoing is correct. As we will see below, during the short academic “excursion”, when exploring diverse replies to the question of whether animals have or should have fundamental rights, these replies all take a position on whether fundamental rights for animals can be justified. The question about justification of human rights is nothing new. Robert Alexy has written that the existence of human rights depends on their justifiability and on nothing else. What is justifiable is correct, according to Alexy. Once we can justify why animals should have fundamental rights, then at the same time we can have an argument of correctness requiring the global community to recognise that animals have fundamental rights. This, of course, will depend on whether fundamental rights for animals are justifiable.
From Norm Emergence to active Promotion through the Courts: A Case Study of the Right to be forgotten
This article deals with the ‘right to be forgotten’ as defined in the EU General Data Protection Regulation, which is set to enter into force in May 2018. The development of the right to be forgotten is viewed in light of two concepts, which so far have not been addressed by academics writing on the subject. First, the right to be forgotten is reviewed in the eyes of Bob’s theory on norm emergence, acceptance and internationalisation. Second, the role of the courts in the development of this right is discussed using the legal interpretivist approach defined by Dworkin. For this court-driven approach, jurisprudence from Europe (Germany, Netherlands, France and the United Kingdom) and outside of Europe (United States) is reviewed. The goal of both approaches is to establish to what extent the right to be forgotten so far has stuck to known concepts regarding the emergence of human rights and to provide an outlook on what future developments the right to be forgotten would have to take in order to become an established, customary norm in the future.
Objectives of Governance: A Comparison of Islamic and Western Traditions in the Context of Pakistan
An Islamic state led by a Caliph works to achieve objectives of Islamic governance. The objectives of governance between Western (secular democratic system) and Islamic traditions have close proximity, at least in words. These objectives include collective action (ijtimaiyat) and social justice (Aadalah). Collective action is used to provide basic human rights, while the comparable Islamic term ijtimaiya is aimed at providing basic protections. A Western nation state is defined by having legitimacy to tax and maintain an army for defence, while in Islam, comparable terms, though having difference, are Zakat and Jihad. It is required that an Islamic state should achieve effective internal governance by developing legal instruments for achieving the objectives, even if it works under Khilafah, or democracy.
The Architecture of Security in the Eurasian Region: Is Russia still a Guarantor of Regional Security?
Various attempts of Russian political leaders to keep their formerly subordinated nations under a strong influence of regional military-political and economic coalitions headed by Moscow are treated differently by the West, by Russia itself, and by the post-Soviet states. On the one hand, despite the withdrawal of the Warsaw Treaty and the Soviet Union in 1991, and the end of the Cold War between two blocks, the West still depicts Russia as an unfriendly state ready to attack Europe at any time, and calls the allies to more careful watchfulness over the “Russian bear”. On the other hand, Russia itself is more preoccupied with NATO’s enlargement towards the East, the import of “hybrid” wars and “colour” revolutions, and the stirring up of terrorism and religious extremism stemming from Iraq, Syria and Afghanistan. While the post-Soviet states, which are geopolitically located under Moscow’s umbrella, demonstrate loyalty and form alliances with Russia for their own sake, Russia could guarantee the preservation of the existing regimes and their states’ sovereignty and give them political freedom to realise a “multi-factor” foreign policy by balancing the strongest powers in the region. However, Moscow is trying to avoid the role of the “watchdog” of the region, looks for stronger allies to strengthen its global positions, and has already prioritised the global Shanghai Cooperation Organization over the regional one. The article gives a picture of the existing security system in the post-Soviet space in the military-political and economic aspects, and provides tentative suggestions on the main trends and problems in the system.
the Collective Security Treaty Organization
Protection of the Environment as a Mandatory Requirement: The Possibilities of the Member States of the European Union to Favor National Products
Over the years, the legal instruments of the European Union have been changed to increasingly contemplate environmental protection. Also, the CJEU has paved the way for environmental considerations by recognising in its case law that environmental protection is capable of restricting the free movement of goods. However, the Treaty amendments have not gone hand-in-hand with the development of the case law, and there seems to be one special loophole. Traditionally, only the express derogations from the free movement of goods rules were able to justify distinctly applicable measures, as compared to the mandatory requirements that could justify only indistinctly applicable measures. That is why the Court seems to now be between a rock and a hard place when it comes to distinctly applicable measures that could be justified on the grounds of environmental protection. This paper scrutinises the most recent case law of the CJEU and analyses whether the Court has even implicitly justified distinctly applicable measures on the grounds of environmental protection. The main purpose of the paper is to set the scene to explain the possibilities of the Member States to protect the environment to the detriment of the free circulation of goods.
The 3 Capacities of a State in Protecting and Preserving the Marine Environment from the Harmful Impacts of Shipping: the Estonian Perspective
Even though Estonia has acted well in giving its consent to relevant international obligations, aiming at the protection and preservation of the marine environment, as well as accepting civil liability and compensation for pollution damages according to the principle the “polluter must pay”, the author is not satisfied with how this extremely important field of law has been implemented on the national law level. No special legal act devoted to the protection and preservation of the marine environment has been either elaborated or passed yet. According to the author`s hypothesis, it is conceptually wrong to rely mainly on provisions of international law and implement that in national law by incorporating those provisions randomly – without any systematic approach – into the Water Law Act , which is meant to regulate the use and protection of rivers, lakes and groundwater. Because of several important aspects, this approach in legal regulation makes it cumbersome and unclear for every person in Estonia as well as for relevant state authorities. Even though Estonia has acted well in giving its consent to relevant international obligations, aiming at the protection and preservation of the marine environment, as well as accepting civil liability and compensation for pollution damages according to the principle the “polluter must pay”, the author is not satisfied with how this extremely important field of law has been implemented on the national law level. No special legal act devoted to the protection and preservation of the marine environment has been either elaborated or passed yet. According to the author`s hypothesis, it is conceptually wrong to rely mainly on provisions of international law and implement that in national law by incorporating those provisions randomly – without any systematic approach – into the Water Law Act[1], which is meant to regulate the use and protection of rivers, lakes and groundwater. Because of several important aspects, this approach in legal regulation makes it cumbersome and unclear for every person in Estonia as well as for relevant state authorities.
The Evolution of the Concept of Immunity of International Organizations
This article looks at the change in the conceptual foundations of the immunity of international organisations, paying special attention to the nature of the immunity of the first international organisations and the later disappearance of that unique approach. Three distinct stages in the development of the concept of immunity of international organizations can be discerned. In the first stage the early international organizations were bestowed immunity derived from an augmented concept of neutrality. The second stage witnessed the granting of diplomatic privileges and immunities to certain organizations and their officials. The third stage involved the adoption of the concept of ‘functional immunity’ of international organizations. The article will also engage with the discussions (or lack of them) surrounding the adoption of immunity provisions and study the progression of analytical engagement with the concept of immunity. An examination of these stages will reveal how changes in the conceptual bases of immunity initially came about mostly due to practical considerations and without an analysis of the conceptual transformation that resulted.
Promising Community-Based Practices to Postpone the Need for Institutional Elderly Care: a descriptive study of community developers in Estonia
The proportion of elderly people in the society is constantly growing. The elderly who live alone form one of the most vulnerable groups in the society that is also at considerable risk for poverty and social isolation. According to the last population census in Estonia (2011), 39.3% of the elderly (65+) lived alone. The ageing of the population is accompanied by novel challenges, among them especially the coping of the elderly living alone. In 2015, the research team at the Tallinn University School of Governance, Law and Society conducted a study to map Estonian community-based practices that are available for the elderly (65+), especially for those who live alone at home, and the way these practices support interdependent coping and prevent the need for institutional care. This study, based on qualitative and quantitative data collected in Estonian communities, suggests that cooperation between Estonian local governments and communities should be more effective and involve regular interaction. Promising practices include developing network-based community support models and broadening communication possibilities.
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