Browsing by Author "Lecaj, Mentor"

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ADVANTAGES OF INTERNATIONAL COMMERCIAL ARBITRATION IN RESOLVING THE COMMERCIAL CONTESTS
(AAB College, 2025-07-17) Lecaj, Mentor; Curi, Granit
Flexibility and other advantages that the International Commercial Arbitration has in resolving commercial contests has made it possible that this mechanism be one of the key factors influencing the foreign capital in the developing countries, as well as signing of a large number of contracts involving a large amount of financial means. The purpose of this paper is to focus on analyzing the advantages of the international arbitration as a credible institution with a procedural and mitigating flexibility towards other mechanisms for solving commercial contests. From the other perspective, this paper analytically explains the reasons as to why the parties avoid other procedures in solving commercial contests. The main purpose of this paper is theoretical influence in promoting this institution by specifically focusing on the importance of the advantages that this institution has as compared to the other procedures in solving the commercial contests. This study will be carried out using content analysis method wherein a number of data from various authors will be analysed (analyzing the relevant literature for this institution through which advantages and disadvantages of the Arbitrary Procedure will be explained).
North Korea’s and Iranian Nuclear Program Comperative aproach
(AAB College, 2025-07-17) Lecaj, Mentor
This paper aims to compare these two cases, to create a clear problematic overview, which representing today these countries to regional and global security, and solving this dispute with adequate means. By comparing the legal, political and diplomatic effects of these two nuclear programs, which affect the most powerful security strategies of countries in the world, this work paper intends to draw a line between their differences. The methodology to be used in this paper, it will be analysis of literature, international legal acts and declarations of the states’ representatives which are involved in resolving the crisis or which are part of the problem. The findings of this study relate to that: even existing of common elements between these cases, there are important differences between them. The same applicable legal instruments and diplomatic means resolution of these crises do not have the same effects on them. This it makes that each of this case to be unique, and unmatched in resolving the crisis. Taken into consideration the existing literature on this issue, this paper modestly trying to fulfill the scientific gap in terms of finding the differences in these cases, as well as possible application instruments in resolving the nuclear crisis in the future.
PROPERTY RIGHT UNDER THE OTTOMAN LEGAL TAXATION SYSTEM
(AAB College, 2025-07-17) Lecaj, Mentor; Ahmeti, Isuf
This paper aims to analyze the Ottoman taxation (timar) system which resembles medieval European feudalism. In this article, a chronological approach and contemporary scientific-methodological techniques have been used, as well as analytical and interpretation methods to clarify the Ottoman legal rules that regulate property rights focused in Kosovo. Based on this research, it has been found that the Ottoman government declared that all rural agricultural land belonged to the state, as well as that the peasant who worked on it had the status of an inherited tenant, and as a reward for his work he had the right to use it but as foreign property. This paper concludes that only a part of villagers representatives was integrated into the ranks of the spahis and the leaders of the Ottoman state, and Albanians had and kept such privileges until the end of foreign rule. This article is important to reflect on the influence that the Ottoman timar system had on the establishment of the Ottoman Empire in the countries which were its vassals, even though it has its own weaknesses (Kurmus & Yapucu, 2020).
THE APPLICATION OF THE INTERNATIONAL AND DOMESTIC ARBITRATION LAW IN SETTLEMENT OF LEGAL DISPUTES: A COMPARATIVE STUDY
(AAB College, 2025-07-17) Lecaj, Mentor; Curri, Granit; Rexha, Donat
This paper aims to analyze the credibility and perception of business entities on arbitration with domestic and international elements, which operate particularly in the Republic of Kosovo and the Republic of North Macedonia, in resolving economic and civil disputes. The main advantages that arbitration has in resolving disputes are the speed of resolution and the lowest cost of expenses (Larson, 2018). In the article, comparative, interpretative, and analysis methods are used to reach the final goal of this paper. In this paper, it is found that business entities, which are registered in the Republic of Kosovo and in the Republic of North Macedonia, prefer arbitration as an alternative method of resolving disputes, but their experience regarding the domestic arbitration response is not at the gratification level. These findings are important to quote and avoid obstacles to the promotion of arbitration, and the perception, and credibility of business entities, which may be parties in legal economic, and civil legal disputes with a domestic or international element. From this data, we create a general puzzle on the probability of promotion and use of arbitration in the future in this region.
THE AUKUS INTERNATIONAL LEGAL AGREEMENT AND ITS IMPACT ON INTERNATIONAL INSTITUTIONS AND SECURITY
(AAB College, 2025-07-17) Lecaj, Mentor; Rexha, Donat
This paper focuses on the research of indicators in chronological order, which calls for the conclusion of the AUKUS international legal agreement signed between Australia, Great Britain, and the United States and its impact on international developments. In this article, descriptive, comparative, and analysis methods have been used to examine the scientific thoughts of different scholars, related to various scenarios of the issue being researched. Based on this research, we found out that Brexit, US withdrawal from Afghanistan, especially the AUKUS deal, consider being the dividing line between the old unipolar order and the new multipolar one (Vej, 2019; Wheatley, 2021). We have concluded that in the changing world order, US–European relations have fluctuated profoundly and their adjustment is almost impossible as they have been before. The article raises critical questions on the dynamics in the international system and their impact on security and international institutions. The scientific approach to the study topic is built by arguing the pros and cons of the opinions of various authors, who emphasize that the world order change and malfunction of international institutions are ongoing dynamics and irreversible (Mearsheimer, 2001).
THE DETERMINATION OF THE EUROPEAN UNION IN THE INTERNATIONAL PROMOTION OF HUMAN RIGHTS
(AAB College, 2025-07-17) Lecaj, Mentor
This paper aims to explain the legal, political and moral obligation of the European Union institutions in the promotion, advancement, respect, and implementation of human rights and freedoms as a universal value, and above all as binding legal- political principles during their efforts in relations with actors both inside and outside the EU. This research work simultaneously analyzes and interprets international legal rules that regulate human rights. Moreover, the cases and means in promoting the human rights used by the European Union in different cultural regions have been compared and analyzed as well as the possibility of changing the approach of EU policy towards countries where the highest level of resistance exist in the accepting of such values.