scholarly journals Digest of State Practice: 1 January–30 June 2021

2021 ◽  
Vol 8 (2) ◽  
pp. 343-398
Author(s):  
Patrick M. Butchard ◽  
Jasmin Johurun Nessa
Keyword(s):  
State Practice

Legal Duties of Diplomats Today

2017 ◽  
Author(s):  
Sanderijn Duquet ◽  
Jan Wouters
Keyword(s):  
Human Rights ◽  
Individual Responsibility ◽  
Human Rights Law ◽  
State Practice ◽  
Scholarly Discussion ◽  
Local Law

While scholarly discussion on diplomatic law tends to focus on privileges and immunities, the VCDR has also codified provisions on duties incumbent on individual diplomats—most notably in Article 41, which includes the duty to respect local laws and obligations, the duty of non-interference, and the duty not to use mission premises ‘in any manner incompatible’ with diplomatic functions. This chapter traces the development of the scope of individual responsibility since the entry into force of the VCDR. It investigates the nature of diplomatic duties and their significance on the basis of diplomatic law, but also local law and human rights law. It also assesses options available to receiving States to hold diplomatic agents to account and to increase respect for local regulations outside the field of judicial enforcement. Examples from State practice are used to illustrate the sanctions adopted by receiving States in this context.

Of Rebels, Insurgents, and Belligerents

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Laws Of War ◽  
Armed Group ◽  
State Practice

The first chapter opens the substantive analysis of the organization requirement for non-state parties to armed conflicts. First, it briefly examines why the laws of war have originally been state-focused, and shows how this state focus coined international law requirements of main characteristics of a party to an armed conflict. Second, it analyses how philosophers broadened the legal notion of ‘war’ as to include conflicts involving certain non-state entities. Subsequently, this chapter examines state practice to identify which qualities a non-state armed group needed to possess to obtain the ‘belligerent’ status. It also examines the question of which kind of entities could qualify as ‘insurgents’ or ‘rebels’.

Conclusions

2018 ◽  
Author(s):  
Amy Strecker
Keyword(s):  
International Law ◽  
Eu Law ◽  
World Heritage Convention ◽  
State Practice ◽  
The World ◽  
State Obligations ◽  
Made In ◽  
Landscape Protection

The final chapter of this book advances four main conclusions on the role of international law in landscape protection. These relate to state obligations regarding landscape protection, the influence of the World Heritage Convention and the European Landscape Convention, the substantive and procedural nature of landscape rights, and the role of EU law. It is argued that, although state practice is lagging behind the normative developments made in the field of international landscape protection, landscape has contributed positively to the corpus of international cultural heritage law and indeed has emerged as a nascent field of international law in its own right.

Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 1856–1914

2020 ◽  
Author(s):  
Gabriela A. Frei
Keyword(s):  
Great Britain ◽  
International Law ◽  
Historical Context ◽  
Economic Interests ◽  
Maritime Law ◽  
Legal Norms ◽  
State Practice ◽  
Sea Power ◽  
Maritime Strategy ◽  
Strategic Thought

The book addresses the interaction between international maritime law and maritime strategy in a historical context, arguing that both international law and maritime strategy are based on long-term state interests. Great Britain as the predominant sea power in the nineteenth and early twentieth centuries shaped the relationship between international law and maritime strategy like no other power. The book explores how Great Britain used international maritime law as an instrument of foreign policy to protect its strategic and economic interests, and how maritime strategic thought evolved in parallel to the development of international legal norms. The book offers an analysis of British state practice as well as an examination of the efforts of the international community to codify international maritime law in the late nineteenth and early twentieth centuries. As the predominant sea power and also the world’s largest carrier of goods, Great Britain had to balance its interests as both a belligerent and a neutral power. With the growing importance of international law in international politics, the book examines the role of international lawyers, strategists, and government officials who shaped state practice. Great Britain’s neutrality for most of the period between 1856 and 1914 influenced its state practice and its perceptions of a future maritime conflict. Yet, the codification of international maritime law at The Hague and London conferences at the beginning of the twentieth century demanded a reassessment of Great Britain’s legal position.

Proportionality in Refugee Exclusion

2020 ◽  
Author(s):  
Elif Gökşen
Keyword(s):  
International Criminal ◽  
Criminal Responsibility ◽  
War Crimes ◽  
International Criminal Law ◽  
Guidance Document ◽  
Refugee Status ◽  
High Commissioner ◽  
State Practice ◽  
Proportionality Test ◽  
Individual Criminal Responsibility

Abstract In the increased discussions about international security and terrorism, the application of the exclusion clauses in Article 1 F of the 1951 Refugee Convention has become a topical and controversial issue. The United Nations High Commissioner for Refugees (UNHCR) advises states to apply a proportionality test to weigh the gravity of the crime against the consequences of exclusion for cases concerning serious non-political crimes and war crimes. However, there is no uniform approach in state practice. Also, the concept of ‘gravity of the crime’ is not clarified in any guidance document of the UNHCR. Relying on the different applications of Article 1 F of the 1951 Convention, this article questions whether the proportionality analysis is actually necessary for determining the exclusion, and how should the gravity of the crime be interpreted in such cases. First, the present article argues that the proportionality analysis is compatible with the overriding humanitarian aims of the 1951 Convention and that this analysis should be applicable to all the crimes listed in Article 1 F. Secondly, it demonstrates that the concept of ‘gravity of the crime’ should be interpreted by referring to the relevant concepts developed in international criminal law, and by considering the extent of the person’s individual criminal responsibility. This article asserts that exclusion from refugee status causes serious consequences, which sometimes might be heavier than criminal punishment. Therefore, Article 1 F should be applied with the utmost attention and sensitivity.

Reflections on Arctic Maritime Delimitations: A Comparative Analysis between the Case Law and State Practice

2011 ◽  
Vol 80 (4) ◽  
pp. 459-484
Author(s):  
Yoshifumi Tanaka
Keyword(s):  
Comparative Analysis ◽  
Arctic Ocean ◽  
Case Law ◽  
The Arctic ◽  
Coastal State ◽  
Ocean Governance ◽  
State Practice ◽  
The Arctic Ocean

AbstractThe determination of spatial ambit of the coastal State jurisdiction is fundamental for ocean governance and the same applies to the Arctic Ocean. In this regard, a question arises how it is possible to delimit marine spaces where the jurisdiction of two or more coastal States overlaps. Without rules on maritime delimitation in marine spaces where the jurisdiction of coastal States overlaps, the legal uses of these spaces cannot be enjoyed effectively. In this sense, maritime delimitation is of paramount importance in the Arctic Ocean governance. Thus, this study will examine Arctic maritime delimitations by comparing them to the case law concerning maritime delimitation. In so doing, this study seeks to clarify features of Arctic maritime delimitations.

Elements of Nordic Practice 2001/2003: Norway

2004 ◽  
Vol 73 (4) ◽  
pp. 551-575
Author(s):  
Rolf Einar Fife
Keyword(s):  
State Practice ◽  
Salient Features

AbstractAn update on Norwegian state practice for the period leading up to 2004 is provided in the following article. The purpose is to register certain salient features, as opposed to providing a systematic or comprehensive report. A particular emphasis is put on making more accessible legal materials which are mainly available in the Norwegian language. The report supplements descriptions of Norwegian state practice provided in recent years in this series.

Sign in / Sign up

Export Citation Format

Share Document