scholarly journals W oczekiwaniu na wykonanie art. 23 TFUE i art. 35 TUE – wciąż niepełne prawo obywateli Unii Europejskiej do opieki dyplomatycznej i konsularnej

2020 ◽  
Vol 29 (5) ◽  
pp. 149
Author(s):  
Krzysztof Kozłowski
Keyword(s):  
International Law ◽  
Early Stage ◽  
Qualitative Change ◽  
Maastricht Treaty ◽  
Member States ◽  
Stage Of Development ◽  
Treaty Law ◽  
Legal Position ◽  
The Right

<p>In 1992, with the adoption of the Maastricht Treaty, a new institution, namely EU citizenship, was created. The treaty introduced a qualitative change in the sphere of political and legal position of citizens of the Member States, who gained in these spheres a number of new powers. One of them is the right to diplomatic and consular protection. The analysis of these two rights leads to a conclusion about the great discrepancy that exists between treaty guarantees and the effective exercise of this right. The Member States did not agree with third countries on this subject, which is a requirement of international law. Secondary law also allows only a partial exercise of the treaty’s right to care in the territory of third countries. It has been reduced only to consular assistance and is still narrowly understood. The treaty law of EU citizens remains therefore at a very early stage of development.</p>

scholarly journals Unmuddying the Waters: Evaluating the Legal Basis of the Human Right to Water Under Treaty Law, Customary International Law, and the General Principles of Law

2020 ◽  
pp. 455
Author(s):  
Ndjodi Ndeunyema
Keyword(s):  
International Law ◽  
Reflective Equilibrium ◽  
Human Right ◽  
Customary International Law ◽  
Cultural Rights ◽  
Treaty Law ◽  
Sliding Scale ◽  
General Principles Of Law ◽  
Water Provision ◽  
The Right

This article evaluates the existence of a freestanding, general human right to water under each of the three principal sources of international law: treaty, customary international law, and the general principles of law. To date, the right to water has been derived from treaty law, most prominently as part of the right to an adequate standard of living in article 11 of the International Covenant on Economic, Social and Cultural Rights (as implied by General Comment 15 to the ICESCR). The potential importance of a non-treaty based right to water––as a matter of customary international law or a general principle of law––is that it would bind all states, including states that are not parties to treaties with right to water provisions. Therefore, this article evaluates the state practice and opinio juris elements of custom supporting a right to water. Recognizing the disputed nature of how these two elements generally interact to crystallize into a customary norm, the article considers the problem using two distinct methodological approaches: the sliding scale approach and the reflective equilibrium approach. Finally, the paper considers whether a right to water is supported by the general principles of law. Although the right to water is not directly created by the general principles of law, the principles can nevertheless be applied to develop states’ positive and negative obligations for water provision.

scholarly journals The Rhinolith—A Possible Differential Diagnosis of a Unilateral Nasal Obstruction

2010 ◽  
Vol 2010 ◽  
pp. 1-4 ◽  
Author(s):  
Detlef Brehmer ◽  
Randolf Riemann
Keyword(s):  
Differential Diagnosis ◽  
Nasal Cavity ◽  
Foreign Bodies ◽  
Early Stage ◽  
Diagnostic Techniques ◽  
Nasal Discharge ◽  
Rare Occurrence ◽  
The Past ◽  
Stage Of Development ◽  
The Right

Rhinoliths are mineralised foreign bodies in the nasal cavity that are a chance finding at anterior rhinoscopy. Undiscovered, they grow appreciably in size and can cause a foul-smelling nasal discharge and breathing problems. Giant nasal stones are now a very rare occurrence, since improved diagnostic techniques, such as endoscopic/microscopic rhinoscopy, now make it possible to identify foreign bodies at an early stage of development. We report the case of a 37-year-old patient who, at the age of 5-6 years, introduced a foreign body, probably a stone, into his right nasal cavity. On presentation, he complained of difficulty in breathing through the right nostril that had persisted for the last 10 years. For the past four years a strong fetid smell from the nose had been apparent to those in his vicinity. Under general anaesthesia, the stone was removed in toto from the right nasal cavity. The possible genesis of the rhinolith is discussed, our case compared with those described in the literature, and possible differential diagnoses are considered.

Part II Sources, Ch.13 Customary Refugee Law

2021 ◽  
Author(s):  
Lambert Hélène
Keyword(s):  
International Law ◽  
Customary Law ◽  
Refugee Convention ◽  
Customary International Law ◽  
Refugee Protection ◽  
Refugee Law ◽  
Treaty Law ◽  
International Refugee Law ◽  
The Right ◽  
To Receive

This chapter explores customary refugee law. Refugee law is primarily treaty law. However, many of the major refugee-receiving countries are not parties to either the Refugee Convention or the Refugee Protocol, for example Bangladesh, Pakistan, India, Iran, Jordan, and Lebanon. Hence, customary international refugee law can be critically important in the identification of key principles of refugee protection and as an indication of what is permitted or not. While customary international law may not play as significant a role in refugee law as it does in other areas of international law, there are at least three practices of refugee protection aimed at safeguarding access and admission to refugee protection for which varying degrees of agreement exist in favour of a rule (or emerging rule) of customary law: non-refoulement, temporary refuge, and the right to be granted (to receive) asylum. These practices are deeply intertwined in their humanitarian purpose.

UN Targeted Sanctions, Legal Safeguards and the European Convention on Human Rights

2003 ◽  
Vol 72 (2) ◽  
pp. 159-214 ◽  
Author(s):  
Iain Cameron
Keyword(s):  
Human Rights ◽  
International Law ◽  
Security Council ◽  
Qualitative Change ◽  
European Convention ◽  
The One ◽  
Human Rights Norms ◽  
The Right ◽  
Ec Law ◽  
Legal Mechanism

AbstractThe introduction of Security Council targeted financial and travel sanctions against individuals involves a qualitative change in Security Council sanctions policy, which has previously been directed against governmental entities. Targeted sanctions can be a useful weapon in the international community's attempts to pressurize repressive regimes into accepting change. However, there is a problem in using against individuals, a powerful international law mechanism designed for pressurizing states. Individuals' rights under domestic and international law can be severely affected by such sanctions. The blacklists created under Resolutions 1333 and 1390 cause particular problems, as these are quasi-criminal in nature and in practice entail an allegation that the targeted persons are terrorists or terrorist associates. However, there is no international legal mechanism for checking or reviewing the accuracy of the information forming the basis of a sanctions committee blacklisting or the necessity for, and proportionality of, measures adopted. The implementation against non-governmental or quasi-governmental entities of targeted Security Council sanctions in European states is almost certainly contrary to European human rights norms, in particular, the right of access to court under Article 6 ECHR. There is thus a conflict between obligations under the United Nations Charter (UNC) on the one hand and the ECHR (and for EU states, EC law) on the other. Mechanisms can, however, be created which provide a broadly similar level of protection to that provided by Article 6 ECHR while maintaining whatever effectiveness targeted sanctions possess, so there is no logical incompatibility between obligations under the ECHR and Security Council sanctions.

scholarly journals Formation and Development of Investigation of Misdemeanours as a Form of Pre-trial Investigation in Ukraine (the 18th–19th Centuries)

2021 ◽  
Vol 6 ◽  
pp. 28-37
Author(s):  
Volodymyr Galagan ◽  
Mykola Yakovenko
Keyword(s):  
Early Stage ◽  
Stage Of Development ◽  
Literary Sources ◽  
Wide Range ◽  
Long Time ◽  
The Russian Empire ◽  
The Moment ◽  
The Individual ◽  
The Right ◽  
Modern Form

The article deals with the preconditions of differentiation of forms of pre-trial investigation in Ukraine in the 18th–19th centuries. The concept of investigation of misdemeanours as a form of pre-trial investigation at different stages of social development are considered. The base source of the Russian Empire is examined, with the aspects of using of the term “investigation of misdemeanours” in law enforcement practice thoroughly covered. It is established that this term at the legislative level and in the literary sources held for a long time is subject to transformation in terms of its functional direction. The paper offers a description of the study of the early stage of development and a comparison with the modern form of pre-trial investigation. It is established that at all stages of its development there is a common feature: the provision of a simplified order.The article presents the key differences between the knowledge at the early stage of its creation and the modern form of pre-trial investigation. However, the investigation of misdemeanours starts from the moment of the illegal act until the end of the pre-trial investigation. At first, this investigation of misdemeanours had few signs of research verification. The collected materials were examined by the proceedings and could not be determined by full evidence without appropriate “legalization” procedures. The investigation of misdemeanours had not clearly defined a procedural form and was not limited to specific deadlines, and depended almost entirely on the inner convictions of the individual who conducted this knowledge. In the legislation of the pre-revolutionary period, the investigation of misdemeanours should be carried out by a wide range of authorized persons (police ranks, military and civilian authorities, clergy, government officials, village elders, and others). The investigation of misdemeanours was carried out in everything without exception of crime, regardless of its severity at those times.It is proved that the modern model of pre-trial investigation represents the positive historical experience and the right opinion. Today we can observe a consistent procedure of the implementation of the exercise, a special circle of authorized persons, and the introduction of a balance of appropriate differentiation of forms of pre-trial investigation.

scholarly journals Port Denials and Restrictions Policies during Covid-19 Pandemic Based on International Law

2020 ◽  
Vol 07 (03) ◽  
pp. 380-399
Author(s):  
Angela Desmonda
Keyword(s):  
International Law ◽  
Customary Law ◽  
Public Facility ◽  
International Treaty ◽  
Coastal State ◽  
Special Instrument ◽  
Port Access ◽  
Treaty Law ◽  
The Status ◽  
The Right

As a public facility, port has a significant potential to be cluster of the Covid-19 spread. Many states have implemented policies of denials and restriction of port access to protect people’s health. This study aims to analyze port denials and restrictions policies settings based on international law. In addition, this study is to analyze whether the status of state of emergency will affect state’s obligations based on international law. This study was conducted by analyzing associated international treaty law and customary law. The study concludes that no international treaty law and customary law prohibit port denials and restrictions because port is under the sovereignty of respected coastal state. The state is free to implement any policies. Without any permit, foreign ships are not allowed to enter and dock at the port of the coastal state. However, in a situation of danger or distress, foreign ships have the right to enter port. The IHR 2005, as a special instrument dealing with public health, also provides an opportunity for coastal state to prevent ship embarking and disembarking passengers if the ship is exposed to a pandemic disease, such as Covid-19. In such case, foreign ship may be prohibited from entering and docking at port of coastal state. On the other hand, in a situation of danger or distress, foreign ship has the right to enter port. In contrast, the 1923 Port Convention gave permission to state to close ports in urgent situation that endangered national security.

II. Fourteen Against One: The Eu Member States' Response To Freedom Party Participation In The Austrian Government

2000 ◽  
Vol 49 (4) ◽  
pp. 953-963 ◽  
Author(s):  
Matthew Happold
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
Democratic Governance ◽  
Diplomatic Relations ◽  
Member States ◽  
Eu Member States ◽  
The Status ◽  
The Right ◽  
The Eu

The participation of the Freedom Party in the Austrian government has given rise to exceptional reactions both in Austria and internationally. The imposition of a freeze in bilateral diplomatic relations by Austria's European Union partners has been particularly notable, amounting to an unprecedented response to the election of a new government in another Member State. This note seeks to describe the development of events and assess the status of the 14 Member States' actions under international law, in particular in the light of any developing norms concerning non-intervention, respect for human rights and the right to democratic governance.

scholarly journals The Right to Legal and Other Appropriate Assistance for Child Suspects and Accused

2018 ◽  
Vol 26 (2) ◽  
pp. 110-131 ◽  
Author(s):  
S.E. Rap ◽  
D. Zlotnik
Keyword(s):  
Criminal Case ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Member States ◽  
Main Challenge ◽  
Legal Position ◽  
Procedural Safeguards ◽  
The Right

In this article the development and background of the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings is sketched out. Two key rights are reflected upon: the right to legal assistance and the right to other appropriate assistance. The main challenge with regard to the implementation of the right to legal assistance is the possibility of member states to derogate from this right on the basis of the circumstances of the particular criminal case(s) involving the child. The right to legal assistance is contingent upon the proportionality clause that has been built in the Directive and therefore legal assistance is not guaranteed for every child suspect or accused. The right to other appropriate assistance is given separate attention in the Directive, which strengthens the child’s legal position and his support during the proceedings.

Extinguishing Extinction: Hemispheric Differences in the Modulation of TMS-induced Visual Extinction by Directing Covert Spatial Attention

2012 ◽  
Vol 24 (4) ◽  
pp. 809-818 ◽  
Author(s):  
Nina Bien ◽  
Rainer Goebel ◽  
Alexander T. Sack
Keyword(s):  
Spatial Attention ◽  
Cognitive Neuroscience ◽  
Early Stage ◽  
Hemispheric Lateralization ◽  
Hemispheric Differences ◽  
Behavioral Deficits ◽  
Stage Of Development ◽  
Great Relevance ◽  
Left And Right ◽  
The Right

The topic of spatial attention is of great relevance for researchers in various fields, including neuropsychology, cognitive neuroscience, and cognitive psychology, as well as for clinical practice. Deficits of spatial attentional arising from parietal brain damage remain largely confined to the left visual field. The mechanisms underlying this hemispheric asymmetry are still elusive. We mimicked the neuropsychological syndrome of contralesional extinction by temporarily inducing a spatial attentional bias in healthy volunteers with TMS. We investigated whether directing covert spatial attention could enhance or, more importantly, counteract the resulting behavioral deficits. Although both the left and right parietal TMS induced contralateral extinction, only left hemifield extinction following right parietal TMS was severely aggravated by a competing stimulus in the ipsilesional (right) hemifield. We put forward the hypothesis that an asymmetry with respect to the ability of detaching attention from a distractor is contributing to the right hemispheric lateralization with regard to extinction. On a broader level, we suggest that “virtual patients” might be used for evaluating neuropsychological treatment in an early stage of development, reducing the burden on actual patients.

Sources of the Law of Immunity of International Organizations

2018 ◽  
Author(s):  
Edward Chukwuemeke Okeke
Keyword(s):  
International Law ◽  
International Organizations ◽  
Member States ◽  
Customary International Law ◽  
National Legislation ◽  
Bilateral Agreements ◽  
Treaty Law ◽  
The Law ◽  
The Relationship

Because international law is central to the determination of the jurisdictional immunity of international organizations, this chapter examines the sources of the immunity of international organizations, which is mainly treaty law. The basic text or constituent instrument by which member States establish international organizations usually provides for the organizations’ privileges and immunities. Provisions on privileges and immunities are also found in national legislation, and bilateral agreements, such as headquarters agreements or establishment agreements. The chapter also examines whether the immunity of international organizations is governed by customary international law in addition to treaty law. It further examines the interrelationship between treaty and customary international law, and the relationship between international law and national law with respect to jurisdictional immunity.

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