At the Edge of the Empire: Mapping the Law of Hong Kong’s Paradiplomacy

2020 ◽  
Vol 15 (3) ◽  
pp. 211-251
Author(s):  
Jason Ho Ching Cheung
Keyword(s):  
Hong Kong ◽  
International Law ◽  
Legal Framework ◽  
Legal Basis ◽  
International Organisations ◽  
Substantial Impact ◽  
External Relations ◽  
Political Turmoil ◽  
Constitutional Regime ◽  
The City

Summary Hong Kong lacks sovereignty but possesses unique quasi-state external relations powers. This special feature enables it not only to inherit former paradiplomatic ties from its British predecessor, but also to develop a plethora of external relations. During the course of the present political turmoil and friction with Beijing, it has struggled to develop external relations with foreign states, subnational entities and international organisations. While paradiplomacy concerning quasi-states is no longer a neglected subject, and Hong Kong’s role as a prominent autonomous financial hub notwithstanding, few studies have examined the paradiplomacy of the city. This article analyses the constitutional regime and underexplored legal topics of Hong Kong’s paradiplomacy, including the legal basis and framework for such. It argues that Hong Kong can lay a solid legal framework for paradiplomacy and its paradiplomatic powers should be more widely recognised because of its potential to yield substantial impact on international law and relations.

EUNAVFOR OPERATION ATALANTA OFF SOMALIA: THE EU IN UNCHARTERED LEGAL WATERS?

2015 ◽  
Vol 64 (3) ◽  
pp. 533-568 ◽  
Author(s):  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
Careful Analysis ◽  
Legal Framework ◽  
European Law ◽  
The European Union ◽  
Legal Basis ◽  
Extensive Discussion ◽  
Operation Atalanta ◽  
Somali Coast ◽  
The Eu

AbstractEUNAVFOR Operation Atalanta has been the first maritime operation of the European Union and it has certainly been successful given the significant decrease of pirate attacks off the Somali coast. However, various issues have been raised concerning its legal basis under international law and its legal framework, including questions of responsibility. These issues are particularly interesting since the EU has a more integrated legal order than other organizations involved in such operations (eg UN, NATO). The present article attempts to address these issues against the background of international and European law. Even though the legal basis of the Operation is clear from a European law perspective, there have been certain misconceptions concerning the legal basis of the Operation under international law. The delineation of the Operation's legal framework requires a careful analysis of the rules applicable to each of its phases and of its addressees, since each phase is subject to different rules which are binding on different actors. Finally, there is an extensive discussion of questions of responsibility, which were heavily influenced by the applicable Rules of Engagement and of the actual conduct of the Operation. The conclusion is that, at least on the high seas, responsibility should primarily rest with the flag States rather than with the EU. However, in most cases the EU is indirectly responsible for violations of international law, except in cases where suspected pirates are transferred to third States pursuant to EU agreements with such States, in which case it bears primarily responsibility.

The Legal Basis for Bilateral and Multilateral Police Deployments

2011 ◽  
Vol 15 (1-2) ◽  
pp. 7-38 ◽  
Author(s):  
James Watson ◽  
Mark Fitzpatrick ◽  
James Ellis
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal Framework ◽  
State Law ◽  
Legal Basis ◽  
The Rule Of Law ◽  
Host State ◽  
Legal Regimes ◽  
Domestic Law

This paper recognises the complexity of the legal framework in which international police deployments take place. The personnel, and often the mission itself, are subject to a number of different legal regimes: international law, host State law and sending State law. After briefly discussing the nature and purpose of overseas police deployments, the paper identifies the legal regimes applicable to such deployments and discusses the significance of international and domestic law to police deployments. Ultimately, this paper argues that compliance with all applicable legal regimes is essential to ensure the rule of law on overseas police deployments.

Consular law and consular protection of citizens and legal entities in modern times and their legal basis

2020 ◽  
Vol 10 (1) ◽  
pp. 60-65
Author(s):  
Alexander Ryazantsev
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Legal Basis ◽  
Public International Law ◽  
Modern Times ◽  
National Significance ◽  
Sphere Of Influence ◽  
The 19Th Century ◽  
North And South America ◽  
North And South

The necessity of writing this article is conditioned by the active development of consular law, which, as part of international law, evolves directly under the influence of world political and economic processes. At the beginning of the twentieth century, an impressive number of consulates operated in Europe, North and South America, Asia, the middle East, and partly in Africa.The legal acts regulating the consular sphere of influence, concluded in Russia in the 19th century, had not only national significance, but also international significance. All adopted conventions, treatises, agreements and charters were elements that form the system of public international law as a whole.With the formation of a new state in the former Russian Empire, it became necessary to adopt a new legal framework regulating consular activities.

scholarly journals Re-Reading Vitoria: Re-Conceptualising the Responsibility of Rebel Movements

2014 ◽  
Vol 83 (4) ◽  
pp. 357-403 ◽  
Author(s):  
Kathryn Greenman
Keyword(s):  
Cold War ◽  
International Law ◽  
Legal Framework ◽  
Management Model ◽  
International Organisations ◽  
Sovereign State ◽  
The Cold War ◽  
Francisco De Vitoria

This article begins with an analysis of the concept of responsibility elaborated in the jurisprudence of Francisco de Vitoria. It is argued that Vitoria’s concept of responsibility plays a central role in his construction of an international legal framework for the management of the Indians by the Spanish, a ‘management model’ which operated so as to legitimise Spanish administration of the colonised world and ultimately, to consolidate the emerging authority of the European sovereign state. In the second part of the article this re-reading of Vitoria forms the basis of reflection on present international law and practice regarding the responsibility of rebel movements. It is used to challenge the idea that the increased engagement with rebel movements by international organisations and legal scholars since the end of the Cold War is necessarily a liberalising and emancipatory move.

The International Court of Justice and International Organisations

2007 ◽  
Vol 9 (2) ◽  
pp. 181-186 ◽  
Author(s):  
Catherine Brölmann
Keyword(s):  
International Law ◽  
Case Law ◽  
Legal Framework ◽  
International Organisations ◽  
International Court Of Justice ◽  
Legal Personality ◽  
International Court ◽  
The Icj ◽  
International Legal Personality ◽  
Intergovernmental Organisations

AbstractThis vignette deals with the position of international intergovernmental organisations as non-state actors. In the case law of the ICJ the independent identity of international organisations is addressed in the formal terms of international legal personality. Such personality is undisputed in international practice: for example, international organisations not only have the capacity to conclude treaties but also, although the legal framework is not entirely settled yet, to bear international responsibility for violations of international law. The ICJ arguably has had a central role in the conceptualisation of organisations as independent actors in international law: with the 1949 Reparation Opinion intergovernmental organisations essentially received at one stroke the paraphernalia required by an international legal actor. The framework proposed by the Court was widely adopted to match developing practice and, although organisations figure in the majority of cases subsequently brought before the ICJ, it was considered and to some extent refined only in the 1996 Legality of the Use by a State of Nuclear Weapons in Armed Conflict Opinion.

International legal framework for combating cybercrime

2021 ◽  
Vol 65 (04) ◽  
pp. 223-227
Author(s):  
Ильгар Имдат оглу Гасанов ◽  
Keyword(s):  
International Law ◽  
Information And Communication Technologies ◽  
Criminal Policy ◽  
Communication Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
Legal Basis ◽  
Information And Communication ◽  
The Republic ◽  
Effective Models

The article examines the relevance of cybercrime, their types and possible ways of their fulfillment, the peculiarities of cybercrime, as well as the international legal basis for the fight against this evil. Cyberspace crime is one of the most difficult problems that the international community has faced in recent years with the development of information and communication technologies. International coorperation in the fight against cybercrime is carried out in several directions and involves, first of all, the creation of regulations and the development of general recommendations, as well as the implementation of effective models of organizational interaction between states. Key words: cyberspace, cybercrime, international law, transnational crimes, Coucil of Europe, UN, Criminal Code of the Republic of Azerbaijan, criminal policy

Hong Kong in the world: continuities and changes

2019 ◽  
Vol 8 (2) ◽  
pp. 197-207
Author(s):  
Kenneth Ka Lok Chan
Keyword(s):  
Hong Kong ◽  
Content Type ◽  
Official Discourse ◽  
External Relations ◽  
Policy Making Process ◽  
The World ◽  
20Th Anniversary ◽  
The City ◽  
International Status ◽  
Shed Light

Purpose To fill the gap in the existing literature on the 20th anniversary of the Hong Kong Special Administrative Region (HKSAR), the purpose of this paper is to critically reflect upon the continuities and changes of the city’s relations with the world. Design/methodology/approach The paper has adopted a generic approach to shed light on the factors behind the evolution of the international status of Hong Kong from a by-product of geopolitics to a global city in its own right, to understand how the city has been perceived by traditional western partners after 1997 and to investigate how China has made use Hong Kong’s international status. Findings It has shown that Beijing’s strategy toward Hong Kong has been marred by the inherent tensions between “becoming Chinese” and “remaining global.” The official discourse of functionalism, according to which economic and professional ties are both the most acceptable and therefore the least resisted pathways available for the development of Hong Kong’s external relations, has the opposite effect of expanding Beijing’s control over the city. Originality/value In contrast to the HKSAR Government’s belief that Hong Kong will certainly benefit from the emergence of China, the city has found itself on a shorter leash than ever. It has therefore pinpointed the pitfalls of the logic of functionalism which has dominated the existing literature as much as the policy-making process.

scholarly journals Transatlantic links and BRICS: prospects of strategic co-existence

2013 ◽  
pp. 33-37
Author(s):  
E. R. Voronin
Keyword(s):  
International Law ◽  
The United States ◽  
Central Place ◽  
Legal Framework ◽  
Intergovernmental Organizations ◽  
The European Union ◽  
Legal Basis ◽  
The West ◽  
Further Development

The article analyzes the possibilities of building long-term relations between the Western intergovernmental organizations, first of all, NATO and the European Union, and BRICS, considers the prospects for the strategic co-existence between them. Considering the commitment of the countries of the BRICS the norms and principles of international law, the author believes that the central place in the agenda of their relations with the United States and the West in general can take the task of expanding the legal framework of relations between them, the further development of the practice of the decision of the international problems solely on a legal basis.

LEGAL BASIS OF THE UNION STATE OF RUSSIA AND BELARUS: DEVELOPMENT AND OUTLOOKS

2020 ◽  
pp. 118-125
Author(s):  
Marina V. Sharueva ◽  
Keyword(s):  
International Law ◽  
Economic Cooperation ◽  
Legal Framework ◽  
Point Of View ◽  
International Organization ◽  
Legal Basis ◽  
Basic Principles ◽  
Bilateral Relations ◽  
State Of The Union ◽  
Current State

The article examines particular features of the modern legal framework of the Union State of Russia and Belarus, as well as foundations of political and economic cooperation between Moscow and Minsk. Reciting positive integration outcomes in certain areas, the author gives examples of contradictions and incomplete provisions that are contained in the legislative documents of the Union State and that restrain the integration. According to the author, the current state of the Union legislation is such that the Union State, being in fact an emerging international organization, can not act as a subject of international law. Serious problems also accompany the implementation of bilateral relations between Russia and Belarus within the framework of this integration association, since the legal basis of the Union state is made up of normative acts that do not have the force of law, which are either purely declarative in nature, or are aimed at solving current organizational problems. The author emphasizes that from the legal point of view, the creation of a full-fledged Union state of Russia and Belarus is a feasible task. However, its implementation requires clear formulations of the basic principles of integration by the leaders of the Union republics, which is purely a political task.

scholarly journals Hong Kong's autonomy under 'one country, two systems' principle: Challenging the concept of obligation in international law

2021 ◽  
pp. 79-89
Author(s):  
Vesna Ćorić ◽  
Jankov Fernandez
Keyword(s):  
Hong Kong ◽  
National Security ◽  
International Law ◽  
Legal Framework ◽  
Special Administrative Region ◽  
Republic Of China ◽  
Administrative Region ◽  
Two Systems ◽  
One Country Two Systems ◽  
The Law

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region was passed in June 2020 provoking the global outcry. The aim of this paper is to assess the compliance of the said law with the sources of international law, which are most relevant for the assessment of the problematic points of new legislation. In providing the analysis, the paper will not be focused only on the sources of international law, which are currently applicable. Instead, the previous relevant legal framework will also be taken into consideration where appropriate.

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