Diplomatic Protection upon Extradition within the System of International Law

2020 ◽  
Vol 11 (2) ◽  
pp. 605
Author(s):  
Sharbatullo Dzhaborovich SODIKOV

Globalization scales up transnational threats, including crime, and raises the question about the principles and practice of interaction between states in the fight against crime. In this context, one of the most important issues is the extradition of foreign citizens and their diplomatic protection. Diplomatic protection emerged alongside sovereign states and their interests. However, the current development of the world community associated with globalization, a medley of peoples and global economic integration seriously changes the rules of diplomatic protection. In the past, these rules were quite simple: diplomatic bodies defended state interests, the interests of their citizens, economic and other entities within the framework of established legal norms. Today the concept of ‘friend-or-foe’ also changes due to the growing integration of states, peoples, companies and increasing migration. The authors of the article have analyzed multilateral, bilateral and regional agreements, as well as national laws on extradition, and have concluded that subjects of international law need to focus on the principle of reciprocity when deciding on extradition.

1949 ◽  
Vol 3 (1) ◽  
pp. 14-28 ◽  
Author(s):  
Leland M. Goodrich

Referring to “domestic jurisdiction” as used in the League Covenant, Professor J. L. Brierly characterized it as “a new catchword,” capable of proving as great a hindrance to the orderly development of international law as “sovereignty” and “state equality” had been in the past, and about which “little seems to be known except its extreme sanctity.” Since these words were written, the Covenant of the League of Nations has been replaced by the Charter of the United Nations as the basic law of the organization of the world community. The concept of a reserved domestic jurisdiction is still with us. In fact, Article 2, paragraph 7, of the Charter gives it a broader definition and a wider range of application than did Article 15, paragraph 8, of the Covenant. What is the meaning of the domestic jurisdiction principle as set forth in the Charter? What effect has it had in practice on the working and development of the United Nations?


Author(s):  
Emilie M. Hafner-Burton

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.


Author(s):  
Sergey D. Grinko

We consider the issues of correlation between the international law of citizens of different states to travel and national legislation restricting illegal migration, which are the subject of interstate agreements. The issue of combating organized illegal migration for Russia is urgent, since the dynam-ics of this crime indicates an increase in the registration of such crimes and the identified persons who committed them. This is due to the large length of Russian borders and integration with foreign states, which entails an increase in the penetration of foreign citizens into the territory of our country. Illegal migration leads to an increase in ethnic organized crime and related smug-gling, drug trafficking, tax evasion and extortion. The fight against this criminal phenomenon is relevant for the entire world community. States seek to protect their citizens, but at the same time are obliged to comply with in-ternational legal norms on the issue under consideration. This activity of states should be carried out in accordance with the principles of respect for human rights and freedoms. We analyze international and Russian legisla-tion, damage caused by illegal migration, and propose measures to prevent crime related to illegal migration.


2021 ◽  
Vol 6 (10) ◽  
pp. 5-11
Author(s):  
Muzaffar Nurbaev ◽  

The world community will turn into a common international system. States, which are a separate independent part of this universal system, develop in all spheres in interaction, interdependence and interdependence. Each individual state can benefit from the best practices of another state in the field of political, legal, legislative and state building.Naturally, the study of the experience of foreign parliamentarism is of great importance for Uzbekistan, which democratically restructures its political and legal system and moves towards the formation of a bicameral legislature through parliamentary reforms. Over the past two hundred years of the historical development of parliamentarism, an incredibly rich and meaningful experience has been accumulated. No matter how diverse the diversity in this regard, comparing the activities of existing parliaments on the planet, it will be possible to identify all important aspects, common features and features of this state-legal phenomenon. The essence, traditions and general laws of parliamentarism can be understood by comparing the legislative practice that has developed in advanced countries with the procedures formed in them. At the same time, it should be noted that a number of rare works have been published based on a comparison of the experience of different parliaments


1927 ◽  
Vol 21 (4) ◽  
pp. 716-736
Author(s):  
James Brown Scott

The scientific organizations which flourished before the World War have had great difficulty in continuing their labors after its termination. The Institute of International Law has been no exception. It was to have met in Munich in September, 1914, and its program had been completely arranged; but the war which started in August, 1914, necessarily put an end to all arrangements for the session. A resort to arms inevitably brings with it a desire for its avoidance; and the greater the war, the greater the desire. A decade, a generation struggles in the mists and shadows, seeking to extricate itself from the post-war spirit, condemning the past somewhat indiscriminately and advocating innovations which, new in expression, are nevertheless the aspirations of those who, in all time, crushed and bruised by force, seek to replace it by justice.


2017 ◽  
Vol 36 (4) ◽  
pp. 630-647 ◽  
Author(s):  
Martin Danyluk

The growth and transformation of logistics have been attributed to a specific confluence of forces that compelled firms to turn their attention to the circulation of commodities in the second half of the 20th century. This article seeks to develop a more theoretically informed account of the logistics revolution by delineating the industry’s role in promoting the accumulation of capital and the reproduction of capitalism. Drawing on Marxian geographical thought, I contend that the logistical turn of the past five decades has facilitated a multifaceted “spatial fix” to capitalism’s chronic problem of overaccumulation—one that has reconfigured the geographies of circulation as well as production, consumption, and appropriation. This argument has important implications for our understanding of globalization. By enhancing the mobility of both commodity capital and the production process itself, advances in logistics have been an essential, albeit neglected, condition of global economic integration since the 1970s.


Author(s):  
Marina Okladnaya ◽  
Olena Hurenko

Problem setting. Islamic international law is a set of Islamic norms and customs that govern the relationship of Muslim States and Muslims with non-Muslim States, as well as with Muslim individuals within and outside the world of Islam. Islam has come a long and difficult way from the emergence of religion in modern ideology. It is considered one of the leading religions of the world and has a significant influence on a large number of people and states, so it is advisable to study one of the outstanding stages of the formation of the Islamic system in the field of international law, namely the Middle Ages and find out its connection with modernity. Analysis of recent researches and publications. The Islamic science of international law is in the process of development, during which its representatives try to combine the traditional values of Islam with the basic principles of modern international law. Among the scientists who made a significant contribution to the study of the Islamic concept of international law, its historical development and the modern situation, one can distinguish such as A. Butkevich, L. Sukiyainen, Al-Shaybani, Muhammad ibn al-Hasan, V. Knapp, M. Sana, Sardar Ali S., Hilmli M. Zavati, A. Merezhko, B. Feldman and others. Target of research. Study of the Islamic concept of international law, analysis and comparison of content, significance of Islamic international law in the Middle Ages and modern times. Article’s main body. The article is devoted to the main stages of the formation of one of the most important systems of international law – Islamic, which is a collection of unique traditional values, legal norms and customs of Islam. The stages of development in the Middle Ages and the connection with modernity were investigated, the main features in the Middle Ages were determined. Conclusions and prospects for the development. Islamic international law is a set of Islamic norms and customs that govern the relationship of Muslim States and Muslims with non-Muslim States, as well as with Muslim individuals within and outside the world of Islam. Islam has come a long and difficult way from the emergence of religion in modern ideology. It is considered one of the leading religions of the world and has a significant influence on a large number of people and states, so it is advisable to study one of the outstanding stages of the formation of the Islamic system in the field of international law, namely the Middle Ages and find out its connection with modernity.


Author(s):  
Ильмира Минигулова

Global problems of modern age make deep problems for the formation of socio-economic and political-legal stability in modern states. The most complex is poverty that provokes the new problems, such as the migration crisis. The international community follows the fundamental principles and norms of international law, tries to wipe out poverty, the practical implementation of this activity is reflected in the Concept of Sustainable Development.


Author(s):  
V.C. Govindaraj

The world has to acknowledge the contribution the Hague Conference on Private International Law has hitherto made and continues to make in its endeavour to obtain from the world community approval and acceptance of the outcome of its efforts to unify rules of conflict of laws. India has become an active member of the Hague Conference. This chapter discusses the recognition of decrees of divorces and judicial separation and maintenance obligations; child custody and child abduction; the law relating to succession; the law relating to service of summons abroad; Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961; and Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters, 1970.


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