Strength through Diversity? The Paradox of Extraterritoriality and the History of the Odd Ones Out

2020 ◽  
Vol 22 (2-3) ◽  
pp. 306-328
Author(s):  
Madeleine Herren
Keyword(s):  
Legal Framework ◽  
Social Unit ◽  
History Of ◽  
National Boundaries ◽  
Extraterritorial Jurisdiction ◽  
The Right ◽  
Right Of Access ◽  
National Borders

Abstract This contribution argues that the right of access to extraterritorial jurisdiction shaped privilege-based communities across national borders. It discusses extraterritoriality as a legal framework that enabled and shaped the building of communities of foreigners from many different backgrounds. Extraterritoriality – counterintuitively – amalgamated and strengthened a community through that very diversity. This was precisely why that community of foreigners – specified as the odd ones out – understood itself as a social unit across national boundaries, loosening and even contesting its affiliation to a specific nation and/or empire.

scholarly journals The Use of Force, Wars of National Liberation and the Right to Self-Determination in the South Ossetian Conflict

2009 ◽  
Vol 9 (3) ◽  
pp. 567-583 ◽  
Author(s):  
Kieran O'Reilly ◽  
Noelle Higgins
Keyword(s):  
Use Of Force ◽  
Armed Forces ◽  
Legal Framework ◽  
Self Determination ◽  
National Liberation ◽  
The South ◽  
South Ossetia ◽  
International Attention ◽  
History Of ◽  
The Right

AbstractThe 2008 conflict in South Ossetia, involving both Georgian and Russian armed forces, attracted much international attention and debate. This article seeks to analyse the international legal framework regarding the use of force which should have applied to this conflict. It will first look at the history of, and circumstances surrounding, the South Ossetian conflict, and then examine the jus ad bellum regarding wars of national liberation and aggression. The concept of intervention to protect nationals abroad will also be discussed. These legal paradigms will then be applied to the events of August 2008 in the region of South Ossetia to analyse the legality of the use of force in this conflict.

scholarly journals The Legal Framework and Barriers to Access to Environmental Information in Ethiopia

2021 ◽  
Vol 15 (1) ◽  
pp. 139-172
Author(s):  
Abdulkader Mohammed Yusuf
Keyword(s):  
Legal Framework ◽  
Vital Role ◽  
Environmental Information ◽  
Access To Information ◽  
Multilateral Environmental Agreements ◽  
The Public ◽  
Barriers To Access ◽  
Constitutional Right ◽  
The Right ◽  
Right Of Access

Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.

scholarly journals Certain peculiarities of canon law of the Catholic Church on the territory of Crimea in the XIII – early XIV centuries according to the data from papal bulls

2021 ◽  
pp. 117-136
Author(s):  
Timur Guselnikov
Keyword(s):  
Social History ◽  
Catholic Church ◽  
Canon Law ◽  
Western Europe ◽  
Legal Framework ◽  
Legal Regime ◽  
History Of ◽  
Apostolic See ◽  
The Right ◽  
The Catholic Church

This article examines the norms of canon law, which regulated the actions of the Catholic missionaries in Crimea since the emergence of first missions in the XIII century until the creation of eparchies in the early XIV century. Comprehension of the legal framework of Catholic missions is necessary for further research of social history of the region. The bulls Cum hora undecimal alongside Vos igitur and Gratias agimus, establish preferential legal regime on private matters that differs from the Western European canon law. Each question raised in the pontifical document is compared with the canonical norms of Western Europe and isolated cases on the territory of Crimea. Although papal bulls have always been used by the researchers of medieval Crimea, the legal content of these documents was usually outside the focus of attention. The author analyzes the content of the papal bulls through the prism of canon law of the Catholic Church, theological and legal discussions of the XIII – XIV centuries. Legal regime in the missionary territory was established in form of privileges and right to dispensation. The papal bull Cum hora undecima of 1245, repeatedly has been reissued repeatedly without significant amendments, is of particular importance for the researchers . In the questions of dispensation, consecration of churches and sacred objects, and granting of indulgences, the missionaries received the authority equal to the bishops and legates of the apostolic see. The converted to Catholicism local residents assumed a derogation in terms of closely related marriages, while clerics of the Eastern churches retained their rank and the right to stay married.

scholarly journals The Issues of Justice and the Right of Access to Justice in Vietnamese Law

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Pham Hong Thai
Keyword(s):  
Social Sciences ◽  
Publishing House ◽  
Criminal Code ◽  
Access To Justice ◽  
National University ◽  
History Of ◽  
Legal Document ◽  
The Law ◽  
The Right ◽  
Right Of Access

Justice and the right to access to justice are fundamental issues in the law of every country, which are also vast and complex content. The article analyzes the provisions relating to justice and the right to access to justice in Vietnamese law from the feudal period up to present, especially in basic legal document such as the Constitution, the Criminal Code, and the Procedural Criminal Code, etc. The author argues that justice and the right to access to justice have been adopted in Vietnamese law since the feudal period. The provisions of justice and the right to access to justice in current laws of Vietnam are promoted from the related provisions in the feudal law, along with the acquisition of the progressive values ​​of mankind in this area. Keywords: Justice, the right to justice, law, Vietnam. References: [1] Institute of Linguistics (2000), Vietnamese Dictionary, Da Nang Publishing House, p.208. [2] Vietnamese Dictionary (1999), Bach Khoa Publishing House, p.210. [3] Maison du Droit Vietnamien-Français (2009), Dictionnaire du Droit Français-Vietnamien, éditeur de l'encyclopédie, p.494. [4] Vietnamese Dictionary (edited by Nguyen Nhu Y), the Publisher of Culture and Information. 1999. p. 1757. [5] Russian Ozhegov Dictionary, M., 1949. [6] Dai Viet Su Ky toan thu, Volume 1, Publisher of Social Sciences. 1998, p.205. [7] History of State and Law of Vietnam, Publisher of National University, 2017, p. 108. [8] Translated version by Nguyen Ngoc Nhuan and Nguyen Ta Nhi, Justice Publisher, 2013. [9] Le trieu quan che, translated by Pham Van Lieu, the Publisher of Culture and Information. Ha Noi, 1997, p.13.    

Intersections between Diplomatic Immunities and the Immunities of International Organizations

2017 ◽  
Author(s):  
Alison Duxbury
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Framework ◽  
Legal Regime ◽  
The Supreme Court ◽  
Diplomatic Immunity ◽  
The Right ◽  
International Law Commission ◽  
The Impact ◽  
Right Of Access

This chapter examines the immunities of international organizations and the impact of the VCDR on this legal regime. While the VCDR is not directly applicable in this context, consideration of the immunities of officials of international organizations and diplomats has intersected in various contexts. These intersections are apparent during the discussions surrounding the drafting of instruments dealing with international immunities (including in the International Law Commission) and also in arguments concerning the application of such immunities in courts (for example, the Supreme Court of New York’s consideration of Strauss-Kahn’s immunity claim). This chapter explores the legal framework that applies in such cases and also analyses the differences between the two systems. Finally, it examines cases where arguments relating to the right of access to the courts, first considered in the context of the immunities of international organizations, have been applied to State and diplomatic immunity.

Le droit d’accès au juge civil au Burundi

2020 ◽  
Author(s):  
Aimé-Parfait Niyonkuru
Keyword(s):  
Legal Framework ◽  
Point Of View ◽  
State Courts ◽  
Political Rights ◽  
Institutional Perspective ◽  
Anthropological Perspective ◽  
Access Rights ◽  
The Right ◽  
Civil Courts ◽  
Right Of Access

From an institutional point of view, Burundi's state courts and tribunals have a monopoly on administering civil justice through binding decisions. This work examines from a legal and institutional perspective the extent to which the Burundian legal framework meets the requirements of international guarantees for the effectiveness of access rights to civil courts and tribunals. These guarantees are enshrined, inter alia, in Article 14.1 of the International Covenant on Civil and Political Rights and in Articles 7.1.a) and 26 of the African Charter on Human and Peoples' Rights. Beyond the strictly legal approach, the work analyses, from a socio-anthropological perspective, factors which in Burundi influence the effectiveness of the right of access to civil courts and tribunals beyond the quality of the legal infrastructure.

scholarly journals Foundation of theological college in Belgrade and establishment of legal framework for its functioning

2007 ◽  
Vol 39 (1) ◽  
pp. 165-180
Author(s):  
Dragan Novakovic
Keyword(s):  
Theological Education ◽  
Legal Framework ◽  
The State ◽  
Teaching Staff ◽  
Collective Consciousness ◽  
Continuous Activity ◽  
History Of ◽  
European Standards ◽  
The Right ◽  
The Church

The foundation of the Theological College in Belgrade is viewed in the context of complex political circumstances which followed the restoration of the Serbian state and the efforts of the Serbian church to gain autonomy and the right to elect bishops independently from the Universal Patriarchate. Once having achieved these goals, and with a conviction that the achieved must be defended and maintained by knowledge and education, the state authorities founded a seminary for education of priests and teachers capable to carry out national and spiritual reformation. The accord between the state and the Church regarding the strategic aims enabled the very first vocational school in Serbia to develop continuously its curricula and hire better and better teaching staff each year. However, due to the change of circumstances, the state passed the laws by which it enforced its dominance and showed a clear intent to subordinate theological education to its control. Yet, by its continuous activity during two crucial centuries, the Seminary became a part of collective consciousness, and its cadres contributed actively to the creation of original cultural and value patterns and preservation of national identity of the Serbian nation. The brilliant history of this school and its precious experience can be of great encouragement not only to the researchers of our pedagogical inheritance but also to all those who are engaged in reforming and adjusting education in Serbia to the European standards. .

scholarly journals HISTORY OF NOTARY IN UKRAINE IN THE PRE-REFORM PERIOD

2020 ◽  
Vol 1 (9) ◽  
pp. 13-18
Author(s):  
Yurii Demeshko ◽  
◽  
Keyword(s):  
Real Estate ◽  
Legal Framework ◽  
District Court ◽  
District Courts ◽  
Loan Commitments ◽  
Vacant Position ◽  
History Of ◽  
The Government ◽  
The Right ◽  
Justice Of The Peace

The article considers the process of evolution of notarial work in Ukraine during the second half of the XVIII – XIX centuries. The legal framework, which was the basis for the activities of notaries in the specified period of time, is studied. The contribution of merchants to the development of the institution of notary as a component and then a separate part of the judicial system of the empire is analyzed. This state was leading in the position of notaries in the second half of the XVIII –XIX centuries. Notaries prepared and certified various legal acts, giving them the meaning of public acts, engaged in the issuance of various types of evidence, compiling descriptions of property, public sales. The activities of the notary in each region were controlled by the provincial court, which checked the qualifications of the «applicant», appointed a person to the position of notary, checked his work. In the counties with the vacant position of notary, his functions were performed by a justice of the peace. The Regulations on the Notarial Part» of April 14, 1866 defined the rights and duties of a notary. It is investigated that the management of the notarial part under the supervision of judicial places was given to notaries and senior notaries who were at the notarial archives. In cities and towns where notaries were absent, attendance certificates were provided to justices of the peace. Notaries were appointed and dismissed by the senior chairman of the court chamber. The dismissal could not have taken place without a trial. Notaries were considered in the civil service with the assignment of the eighth grade, but they were not entitled to ranks or a pension for this title. It is noted that notaries appointed by the government had the right to enjoy the same rights as assistant secretaries of the district court. It was emphasized that they performed their functions only within the district to which the district court was assigned. In other regions, the act they carried out had no legal force. In all acts, notaries carried the secret of storage and non-disclosure, except for exceptions specified by the state. Notaries were required to keep a register of all acts, protests and certifications, as well as loan commitments and agreements. They had to carry out various acts at the request of the population: to issue extracts from act books and copies of acts, to accept for storage from individuals various documents. The senior notary had the same rights as members of the district courts. Senior notaries had the right to certify acts on the transfer of real estate, to approve acts and to make notes in the register of serfdom on the restriction of ownership of real estate.

scholarly journals Problems associated with the right of access in the context of the rights of the child in Latvia

2019 ◽  
Vol 68 ◽  
pp. 01017
Author(s):  
Inga Kudeikina
Keyword(s):  
Legal System ◽  
Personality Development ◽  
Legal Framework ◽  
The State ◽  
Public Power ◽  
Daily Lives ◽  
Rights Of The Child ◽  
The Status ◽  
The Right ◽  
Right Of Access

The child is a special right-holder. In the legal system, the status of the child is characterised by substantive rights that are typical only for children and by different means of exercising and safeguarding rights, i.e. the rights of a child are exercised by custodians acting on behalf of the child. It should be noted that the state, which uses the levers of public power, is also involved in the protection and safeguarding of the rights of the child in the most direct way. The right of access should be mentioned as a special right of the child. This comprises the right of a child to direct contacts with the child's parents and siblings. Communication forms an integral part of daily lives of people as social beings. Communication with parents is essential for a child undergoing the process of personality development. The right of access is an absolute right, which may be restricted only in cases specified in laws, provided that access is harmful to a child. Although the right of access is provided for by law, the existing legal framework is still deficient, which is confirmed by frequent disputes arising over the exercise of this right.

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