scholarly journals Diplomatic and Consular Protection of Persons with Dual Citizenship Abroad

2021 ◽  
Vol 9 (1) ◽  
pp. 127-138
Author(s):  
Vasyl Repetskyi

The article is devoted to one of the least studied problems in the domestic science of international law, namely diplomatic and consular protection of state’s citizens abroad, especially in cases where the latter are endowed with dual and sometimes multiple citizenship. This problem involves a close intertwining of both political and legal norms used in the implementation of this field. The author distinguishes between diplomatic and consular protection, highlights common features and peculiarities of each of them. Diplomatic measures are clearly outlined, covering all possible procedures by which one state informs another of its claims (protest, negotiations, investigation, etc.). The choice of means of diplomatic protection is influenced by the nature of the rights of the person who has suffered damage from a foreign state; the amount of damage caused, both for the person and for the state of his/her citizenship, as well as the risks of aggravation or deterioration of relations between states. Some legal aspects of citizenship of the European Union and the specifics of protection of the rights and interests of its citizens according to the "delegated" protection and the "governing state" are highlighted.

2014 ◽  
Vol 9 (2) ◽  
pp. 150-175 ◽  
Author(s):  
Federico Forni

Summary This article aims to assess which subjects could offer diplomatic protection in third countries to European citizens and/or European Union legal persons on the basis of eu law. The absence of a common standard of assistance and the lack of specific agreements with third states has de facto excluded the diplomatic protection ex Article 23 of the Treaty on the Functioning of the European Union (tfeu, formerly the tec or Treaty establishing the European Community). Yet the practice shows cases in which the European Commission claimed the infringement of the rights of eu citizens and eu corporations in cases of violation of an international agreement concluded by the Union, or in cases of a breach of general international law in a matter of eu exclusive competence. These evidences indicate that the eu could play an effective role in ensuring the protection of European citizens in third countries in situations in which the eu member states have transferred their competences to the European Union. However, these actions remain discretional, since the ‘duty to protect’ is far from achieved both in eu and in international law.


2021 ◽  
Vol 38 (4) ◽  
Author(s):  
Volodymyr Kopanchuk ◽  
Tetiana Zanfirova ◽  
Tetiana Novalska ◽  
Dmytro Zabzaliuk ◽  
Kateryna Stasiukova

Cooperation between the Council of Europe and the European Union is of great interest to Ukraine, which defines the entry into the European legal field as one of the main vectors of its development. The study is devoted to the study of the peculiarities of the impact of cooperation between the Council of Europe and the European Union on the development of modern international law. The authors studied the formation and development of collaboration between the Council of Europe and the EU; emphasized the legal aspects of cooperation between the European Council and the EU in the EU enlargement process; analyzed in detail the types of international agreements through the legal aspect and clarified the impact of cooperation between the Council of Europe and the EU on the development of modern international law and describe the forms of international legal cooperation between the Council of Europe and the EU.


2013 ◽  
Vol 22 (1) ◽  
pp. 59-89
Author(s):  
Simone Vezzani

As recognised by the International Law Commission in the 2011 Draft Articles on the Responsibility of International Organisations, the rule of the prior exhaustion of internal remedies also applies to cases where the international responsibility of international organisations is invoked, be it in the field of diplomatic protection or human rights. This essay focuses on the application of this rule to the European Union (EU). The author maintains that the legal remedies available to individuals alleging injury as a result of an internationally wrongful act of the EU include both direct remedies before EU courts and remedies before domestic tribunals. He then scrutinises whether each remedy is capable of providing individuals with accessible and effective means of redress.


Author(s):  
Antoni Blanc Altemir ◽  
Eimys Ortiz Hernández

The dissolution of the USSR at the end of December 1991 and the reunification of Germany were, without doubt, two of the most remarkable international events at the end of the 20th century. Analysis of the consequences of these events with respect to international law has proved challenging to international legal norms due to the fact that the kind of “micro cosmos” exemplified by these events served to highlight the principal sectors of international law. The consequences of the dismemberment of the USSR proved to be extensive and they were felt not only in Europe, but also in the rest of the world. The breakup of such a prominent strategic actor put an end to the restricted stability that characterized the bipolar nature of the Cold War. Thus, international society witnessed a period of instability in succeeding years marked by a renewed rise in issues such as the right of self-determination and the principle of uti possidetis. Therefore, events unfolding in the former Soviet Union, at times tedious and even tragic, led to the creation of a new international organization called the Commonwealth of Independent States, which tried to fill the “black hole” left by the breakup of the USSR as well as deal with the problems confronted by the successor states, notwithstanding its own deficiencies. Moreover, some disputes of a territorial, interethnic, or national character became very violent, such as those in Central Asia and the Caucasus, in particular in Georgia. Over the years Georgia has intensified its process of approximation to the European Union (EU). On the one hand, the EU-Georgia Association Agreement that entered into force on 1 July 2016 is remarkable for establishing a deep and comprehensive free trade area. On the other hand, the effective application of the Schengen—visa-free travel for short stays for Georgian citizens—has been of great importance. This article provides researchers with instruments to study the recurring problems in South Ossetia and Abkhazia, as well as the Georgian-Russian conflict in 2008, and also treats the consequences of these crises in international law. Issues such as military operations, the cease-fire agreement, and the succeeding evolution of events are discussed. A section focuses specifically on important violations of international law that took place during the conflict, for which an international report was published. In addition, the consequences of the conflict are addressed with respect to NATO-Russia and EU-Russia relations while the effects of the conflict in the geostrategic and energy fields are also considered. Additionally, the rapprochement between Georgia and the European Union is analyzed.


2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.


Author(s):  
Pavlos Eleftheriadis

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,


Author(s):  
Robert Schütze

The European Union was born as an international organization. The 1957 Treaty of Rome formed part of international law, although the European Court of Justice was eager to emphasize that the Union constitutes “a new legal order” of international law. With time, this new legal order has indeed evolved into a true “federation of States.” Yet how would the foreign affairs powers of this new supranational entity be divided? Would the European Union gradually replace the member states, or would it preserve their distinct and diverse foreign affairs voices? In the past sixty years, the Union has indeed significantly sharpened its foreign affairs powers. While still based on the idea that it has no plenary power, the Union’s external competences have expanded dramatically, and today it is hard to identify a nucleus of exclusive foreign affairs powers reserved for the member states. And in contrast to a classic international law perspective, the Union’s member states only enjoy limited treaty-making powers under European law. Their foreign affairs powers are limited by the exclusive powers of the Union, and they may be preempted through European legislation. There are, however, moments when both the Union and its states enjoy overlapping foreign affairs powers. For these situations, the Union legal order has devised a number of cooperative mechanisms to safeguard a degree of “unity” in the external actions of the Union. Mixed agreements constitute an international mechanism that brings the Union and the member states to the same negotiating table. The second constitutional device is internal to the Union legal order: the duty of cooperation.


2021 ◽  
Vol 191 ◽  
pp. 402-442

Economics, trade and finance — Food imports — Import of foodstuffs originating from East Jerusalem, West Bank and Golan Heights into the European Union — Labelling of products — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers Relationship of international law and municipal law — European Union law — Treaty on European Union, 1992 — Treaty on the Functioning of the European Union, 2007 — EU Customs Code — Regulation (EU) No 1169/2011 — Consistent interpretation of EU law — Interpreting Regulation (EU) No 1169/2011 in manner consistent with international law — Notions of “State”, “territory” and “place of provenance” — Referral of questions by national court to Court of Justice of European Union Territory — Status — Occupation — Occupied Territories in which State of Israel Occupying Power — East Jerusalem, West Bank and Golan Heights — Rules of international humanitarian law — Israel having limited jurisdiction — Israeli settlements in Occupied Territories — Palestinian people of West Bank enjoying right to self-determination — Golan Heights part of territory of Syrian Arab Republic — Import of foodstuffs into European Union — Labelling of products — Whether products originating from Israeli settlements in Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers War and armed conflict — International humanitarian law — Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949 — Article 49 — Obligation of States not to “deport or transfer part of its own civilian population into the territory it occupies” — Impact on labelling of products originating in Occupied Territories — Status of East Jerusalem, West Bank and Golan Heights as Occupied Territories — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — The law of the European Union


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