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    Contemporary literature on the use of force has been saturated with arguments and counter arguments relating to the extant regime of the use of force as it should relate to non-state actors. The discussions have however proceeded on the assumption that the problem of the unregulated use of force by non-state entities is limited to group of persons – unorganised non-state actors – pursuing legitimate or non-legitimate agenda. The arguments seems to overlook the existence of a group of States (organised non-state actors) – international organisations – which pose even greater threat to the Charter paradigm of the use of force than unorganised non-state actors. This article discusses the Charter regime on the use of force with particular attention to organised non-state actors and the challenges they posed to the prohibition of the use of force.


Amos O. Enabulele
Amos O. Enabulele LL.M, BL is Lecturer at the Department of Jurisprudence & International Law, Faculty of Law, University of Benin, Nigeria and a Ph.D. candidate at Brunel University, West London.
Article

The Politics of Demand for Law: The Case of Ukraine’s Company Law Reform

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords company law, Ukraine, legislative process, veto players, external pressures
Authors Dr. Rilka Dragneva and Dr. Antoaneta Dimitrova
AbstractAuthor's information

    This article explores the dynamics between external and domestic factors in legal reform in transition countries as demonstrated by the case of Ukrainian company law reform. Contrary to theoretical explanations pointing to the primacy of external supply and incentives, we locate the determinants of legal change firmly in the domestic arena. We conceptualise domestic factors using a political science framework regarding the role of veto players parliamentary factions and related informal business actors. The analysis supports the critical law and development literature in underlying the importance of the demand for law by such players. This demand, however, affects not just the implementation process but is critically expressed in the strategic use of formal legislative reform.


Dr. Rilka Dragneva
Rilka Dragneva is a Senior Lecturer in Law at the School of Law of University of Manchester, United Kingdom.

Dr. Antoaneta Dimitrova
Antoaneta Dimitrova is a Senior Lecturer at Institute for Public Administration at Leiden University, The Netherlands.
Article

Establishing Protection Mechanisms for Bureaucrats

The Case of the Independent Oversight Board of Civil Service of Kosovo

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords Kosovo Civil Service, Civil service, Oversight Board, law, reform
Authors Dren Doli, Fisnik Korenica and Artan Rogova
AbstractAuthor's information

    This article discusses the position and powers of Kosovo’s Civil Service Oversight Board, mainly from a legal perspective. The article describes the reforms undertaken upon the Board and the civil service in Kosovo, while illustrating the central pillars of concern in regard to both the international presence and domestic institutions in Kosovo. The article then explains the three reforms and reviews each of the main legal changes the Board and the civil system have experienced, respectively. The last section of the article comprises an institutional review of the powers and the position of the current framework on the Civil Service Oversight Board, while allowing a part of the article to question its independence and pluralism. The article culminates with policy suggestions that would make the work of the Board, and the entire civil service, more independent and accountable to its mission.


Dren Doli
Dren Doli is a Senior Research Fellow at the Group for Legal and Political Studies, and a Senior Lecturer on Law Principles at Universum University College, having served earlier as a Senior Legal Executive for Integration to the Kosovo Prime Minister.

Fisnik Korenica
Fisnik Korenica is a Lecturer on the Theory of State and Law at the University of Prishtina, and a Senior Research Fellow at the Group for Legal and Political Studies.

Artan Rogova
Artan Rogova is a Senior Research Fellow at the Group for Legal and Political Studies, as a Lecturer on Economics of European Integration at Universum University College.
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