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.

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.

The Public International Law Character of Transfrontier Agreements between Decentralized Authorities

1992 ◽  
Vol 5 (2) ◽  
pp. 187-213 ◽  
Author(s):  
Rene Seerden
Keyword(s):  
International Law ◽  
Public Law ◽  
Legal Basis ◽  
Public International Law ◽  
The Public ◽  
Legal Force

It is submitted in this article that transfrontier agreements (of a publiclaw character) between decentralized authorities can be considered as a kind of international administrative agreements. After investigation of the power to conclude international (administrative) agreements and their (assumed) binding legal force in public international law, the article concludes that transfrontier agreements between decentralized authorities are in principle of a national and not of an international public law character. This article is also focussed on (overall) legal bases for transfrontier cooperation between decentralized authorities. In this respect the European Outline Convention on Transfrontier Cooperation Between Territorial Communities or Authorities is important and will be discussed. The purpose of this convention, in force in several European states, is to provide a legal basis for transfrontier cooperation (of a public law character) between decentralized authorities. However in this matter states still consider additional norms necessary. In this respect two additional treaties have been concluded and will be discussed. The article concludes that these treaties not really are overall legal bases for the conclusion of transfrontier agreements between decentralized authorities.

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.

Private Norms as International Standards? – Regime Collisions in Tuna-Dolphin II

2012 ◽  
Vol 3 (4) ◽  
pp. 545-560 ◽  
Author(s):  
Carola Glinski
Keyword(s):  
International Law ◽  
Free Trade ◽  
Legal Framework ◽  
International Standards ◽  
Public International Law ◽  
Nation States ◽  
Law Making ◽  
Economic Globalisation

The requirements of free trade and economic globalisation and the respective international legal framework, namely in the context of the WTO, have led to a decrease of the regulatory power of the nation states which cannot be replaced by comparable public international law making – neither in content nor with respect to legitimacy considerations.

scholarly journals Aviation Criminal Law Regulations of the Tokyo Convention and the Penal Code to Counteract Terrorist Acts

2021 ◽  
Vol 51 (2) ◽  
pp. 43-62
Author(s):  
Oliwier Mendala ◽  
Katarzyna Tokarska
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Subject Matter ◽  
Penal Code ◽  
Legal Basis ◽  
Criminal Cases ◽  
Public International Law ◽  
Terrorist Acts ◽  
Proper Interpretation

Abstract The aim of the study is to present issues related to acts of terror and attempts to counteract them, whose subject matter of which is governed by a number of legal acts of various territorial scope, primarily by regulations contained in the Tokyo Convention, which is a source of public international law, and Polish normative acts, such as the Aviation Law together with legal and penal regulations. The paper presents considerations aimed at indicating the proper interpretation of the provisions regulating the obligation to undertake investigative and explanatory actions as part of pre-trial proceedings conducted by the prosecutor, the issues of jurisdiction and competence of the courts adjudicating in criminal cases, and the issues concerning the institution of extradition and its legal basis.

scholarly journals Freedom of Live Satellite Transmission and its Effect on State Sovereignty

2021 ◽  
pp. 446-465
Author(s):  
Abeer Ali Abdalazeez
Keyword(s):  
International Law ◽  
State Sovereignty ◽  
The Political ◽  
Freedom Of Information ◽  
Legal Basis ◽  
Cultural Economic ◽  
Public International Law ◽  
Satellite Broadcasting ◽  
Satellite Transmission ◽  
Shed Light

Direct broadcasting through satellite raises a great problem if it is freed the information and programs without limits and restrictions, because it carries risks to the sovereignty of the receiving state. These risks caused by broadcasting programs and information that affect the political, social, cultural, economic, and other risks that befall the receiving country. This led to a conflict between the principle of state sovereignty and the principle of freedom of information flow which is the legal basis for freedom of direct satellite broadcasting and also led to the division of states between a supporter of freedom of direct satellite broadcasting and its primacy over the principle of state sovereignty and opposition to it. This research came to shed light on this problem of an attempt to address and resolve this conflict, by presenting the issue of freedom of direct satellite broadcasting and its impact on the sovereignty of the state within the framework of the rules of public international law to clarify the principles and provisions of international agreements and covenants and decisions related to this topic, as well as a preview of Juristic views and the states’ 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

Moral Damages in International Investment Disputes – On the Search for a Legal Basis and Guiding Principles

2013 ◽  
pp. 1-43
Author(s):  
Lars Markert ◽  
Elisa Freiburg
Keyword(s):  
International Law ◽  
International Investment ◽  
Controversial Issues ◽  
Legal Basis ◽  
Public International Law ◽  
International Investment Law ◽  
Investment Arbitration ◽  
Legal Nature ◽  
Investment Law ◽  
Insight Into

This article sets out to examine the legal nature of and the requirements for granting moral damages in international (investment) law. In doing so, we will consider various general public international law and investment law cases. We will place a particular emphasis on the former, since they provide a valuable platform for the analysis of the origins of moral damages and an exploration of how international tribunals have dealt with moral damages under different circumstances. The more recent investment arbitration cases provide a useful insight into several controversial issues arising out of the arbitral tribunals’ holdings. We will develop a proposal as to how moral damages should be characterized doctrinally and show that nowadays moral damages claims are generally accepted in investment law, despite still existing uncertainties regarding their scope and application.

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