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EVOLUTION OF STATE COMPETENCE ON ACCOUNT OF SOVEREIGNTY IN AIR SPACE

100%

Polkowska M.

nr 1

116-141

The aim of this article is to show how the concept of state sovereignty develops in the present era of fast progress in technology and aviation industry. It is worth asking a question about the influence of such trends as regionalization, privatization and globalization, and even terrorism in air traffic on the modern concept of sovereignty. The authoress discusses and analyzes the process of evolution of the concept of state sovereignty in the air space taking into account all the available literature which, that is worth mentioning, refers mainly to the concept of sovereignty as understood in the international law and not only aviation law. The results of the analysis done by the authoress are the final conclusions. It can be noticed that states slowly and in different ways renounce the concept of sovereignty of the Chicago Convention but they take into account the rule of open skies. Other states maintain the model of absolute sovereignty. One of the reasons is the fact that economic forces for the change in the international air traffic encounter various barriers. In other economic sectors (car manufacturing, power industry) interests are represented by big multinational companies which calculate prices on their own and exploit opportunities and challenges which arise. Some of them are attractive attributes of state sovereignty. They have mainly economic background. You can agree with the statement that there is no transformation of sovereignty in air space, there is only evolution of state sovereignty performance. Others think that the sovereign's role is to guarantee security. If international law was strengthened by security, then the sovereign should delegate sovereign's functions to an international body. Nevertheless, it will be very difficult to talk about the traditional understanding of sovereignty. But there are also many opinions that delegating sovereignty does not mean it will stop existing. It also seems that in practice the concept of air sovereignty of a state and state competence on account of air ship belonging lose their importance in some sense. They are the main criteria for the international aviation law but they give way to functional criteria. As a result, it seems that the traditional concept of sovereignty is in the process of transformation; weak states' sovereignty is becoming slack and sovereignty of economically developed countries and some international organizations is growing.

SUVERENITA STÁTU VČERA A DNES – K DYNAMICE POJMU A HERMENEUTICKÝM POSUNŮM V JEHO CHÁPÁNÍ

70%

Hamuľák O.

nr 3

222 – 239

The article is devoted to the development of the understanding of the concept of state sovereignty from the initial period of its inception to the present time. Author’s aim is to highlight the dynamics in the understanding of this concept, which proves the notion of its continuous hermeneutic adaptation to the new social conditions. The concept of sovereignty can not be understood as a static concept, which did not change its content and definition over the years. The internal dimension of sovereignty is weakened by the development of the democratization of society, searching for legitimate sources of power, promoting the concept of substantive constitutional state. The external dimension is then modified in the context of deepening international cooperation and integration, with the creation of international rules for dispute resolution and the creation of integration groupings. The author responds to the current call for the federalization of the European Union (Speech by President of the European Commission Mr Barroso’s On the State of the Union 2012 presented in the European Parliament 12 September 2012), which opens the debate over disappearing sovereignty of the Member States of the European Union again. He points to the need for the open understanding of the concept, which allows us to create harmony between ambition of the supranational entity and interests of its basic units - the Member States.

INTERNATIONAL MIGRATION FROM ASIA AND AFRICA – ISSUES AND CHALLENGES FOR EUROPE

51%

Liďák J.

nr 2

231 – 248

This study pays attention to the phenomenon of international migration of the population from Asia and Africa to Europe, or more precisely to the European Union and attempts to point out that this is a category that brings a large number of problems to the political systems of European countries. In the case of population movement we can speak not only about the negatives, as the topic is presented in the current socio-political discourse, but we can also talk about the positives and benefits for receiving and sending countries. Positives and negatives are fundamentally influencing the policy of liberal-democratic nation states and this phenomenon is the cause of radicalisation and diversification of the policy in the European area.