scholarly journals Protocol of credentials in European countries: general and special

2020 ◽  
pp. 28-34
Author(s):  
Marina Okladnaya ◽  
Viktoriya Slivnaya
Keyword(s):  
International Relations ◽  
International Law ◽  
European Countries ◽  
Political Regime ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Main Body ◽  
Modern Development ◽  
Form Of Government ◽  
Historical Past

Problem setting. The purpose of establishing diplomatic relations is to maintain constant relations between the countries at the highest diplomatic level. The main stages of establishing diplomatic relations are regulated by the Vienna Convention on Diplomatic Relations of April 18, 1961. At the same time, this document in many respects refers to the national law of countries. The presentation of credentials is the final action, after which diplomatic relations are considered established, and the powers of state representatives take effect. However, international law does not specify the specific form and procedure for the presentation of credentials, as it is up to the States to decide. Therefore, each state has its own practice of the presentation of credentials, which depends on its form of government, national characteristics, historical past. Therefore, it is relevant today to compare the protocols of credentials in the practice of different countries to determine the positive and negative aspects. Target research. The aim of the work is to determine the main content of credentials in the process of establishing diplomatic relations, to study the practice of ceremonies of credentials on the example of Europe and Ukraine, to analyze existing problems in this area of international relations and solutions. Analysis of recent research and publication. This topic is the basis of research in many works of recognized authors. Examples are theoretical works Sagaidak O.P. «Diplomatic protocol and etiquette», Tkacha D.I. «Diplomatic protocol in the Republic of Hungary: general, special», Tymoshenko N.L. «Features of diplomatic, business protocol and etiquette of the Netherlands», and other Ukrainian scholars. Also well-known works of foreign authors are the works of Ikanovich S. and Picarsky J. «Diplomatic Protocol and Good Manners», John Wood and Jean Serre «Diplomatic Ceremony and Protocol», Bennett Carol «Business Etiquette and Protocol». Article’s main body. The establishment of diplomatic relations is aimed at the exchange of diplomatic missions between states. This process ends with the procedure of presenting credentials. Credentials are a document that officially certifies the status of a diplomatic representative of the accrediting state in the host state. This document is important in international law because it has a long history and represents the beginning of the official activities of the ambassador to the host country. Modern elements of the procedure of awarding credentials are common to many states. But each country today has its own characteristics of the ceremony of awarding credentials, which usually depends on its form of government. For example, monarchies (Netherlands, England) still have in their practice a lavish and pathetic conduct of diplomatic events. In contrast, іn today’s democracies (Hungary) the protocol of credentials is more modern and simplified due to the absence of outdated traditions and irrelevant measures. However, each country has both positive and negative aspects of the ceremony. Ukraine has little experience in diplomatic protocol since gaining independence in 1991. Today, national law effectively regulates the procedure for awarding credentials, but many provisions do not correspond to reality. Therefore, Ukraine must develop in this area of international relations on the basis of foreign experience. Conclusions and prospect of development. Thus, the presentation of credentials plays an important role in regulating diplomatic relations between countries. The basis for this ceremony is the characteristics of the state, which includes the political regime, form of government, historical past, modern development, features of the national mentality. In our opinion, the process of universalization of the diplomatic protocol is a variant of development of this field of international relations. The appropriate direction of such development may be the unification of norms relating to the ceremony of awarding credentials, as international law is being actively improved and updated, as exemplified by European integration. As modern Ukraine continues to actively establish diplomatic relations with other countries and exchange diplomatic missions, it is necessary to streamline legislation and develop it on the example of the positive experience of European countries.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

scholarly journals Penerapan Prinsip Persona Non Grata Terhadap Duta Besar Ditinjau Dari Perspektif Hukum Internasional (Studi Kasus Penganiayaan TKI Oleh Duta Besar Arab Saudi Di Jerman)

2021 ◽  
Vol 1 (2) ◽  
pp. 75-87
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non- grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

Introduction

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Framework ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Parliaments ◽  
International Treaty

This introductory chapter outlines the development of the Vienna Convention on Diplomatic Relations, an international treaty that defines a framework for diplomatic relations between sovereign States. It elaborates three key details why the Convention serves as an important legal framework that regulates international relations. First, the Convention guarantees the efficacy and security of the machinery through which States conduct diplomacy, and without this machinery States cannot construct law, whether by custom or by agreement on matters of substance. The Convention constitutes the procedural framework for the construction of international law and international relations. Secondly, reciprocity forms a constant and effective sanction for the observance of nearly all the rules of the Convention, such as the treatment of representatives or diplomats abroad. Thirdly, the Convention never loses sight of the need to find solutions which would be acceptable to governments and to national Parliaments as a whole.

Temporary application of international treaties: legal aspects

2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Aspects ◽  
Vienna Convention ◽  
Main Body ◽  
Legal Institution ◽  
International Treaties ◽  
Provisional Application ◽  
The United Nations ◽  
The Law

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.

An issue of legal personality of Kyivan Rus’ in Ukraininan law science

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Vadym Ptytsia
Keyword(s):  
International Relations ◽  
International Law ◽  
General Position ◽  
The State ◽  
Main Body ◽  
Complex Issue ◽  
Legal Personality ◽  
History Of ◽  
History Of International Law ◽  
Problem Setting

Problem setting. Legal personality of Kyivan Rus’ is very complex issue, which contains elements such as contract law, law of war, ambassadorial law, general position of the state in the international relations sphere. The condition of Kyivan Rus’ in medieval history can be determined only after analyzing researches of well-known scientists, who had different opinions on this subject. In spite of the fact that a lot of researches were made on this topic, there is no clear and unambiguous answer to the question: “was Kyivan Rus’ independent and equal subject of international law?” In our opinion, this topic is actual even nowadays, because without an analysis of the issue it is impossible to form a modern understanding of Ukrainian statehood and its features in different periods. Analysis of recent researches and publications. Valuable contribution to the research of Kyivan Rus’ position in international relations sphere were made by lots of scientists in areas of Ukrainian history and history of international law such as O. Zadoroznyi, P. Tolochko, O. Butkevich, A. Dmitriev, Y. Dmitriev, M. Kotlyar, V. Pashuto, D. Feldman, V. Butkevich, I. Shekera, O. Pavlenko etc. Target of research is to analyze and compare opinions of different authors on the issue of determining Kyivan Rus’ as legal entity of international law. To achieve this target these tasks have to be solved: to research and analyze modern scientists’ studies about the position of Kyivan Rus’ in international law sphere in medieval period; to compare scientists’ views on legal personality of the state and come to a certain conclusion on this issue. Article’s main body. In this article author analyzes different periods of Kyivan Rus’ existence, general position of the state in international relations sphere and opinions of different scientists on this subject. Also, the article provides a comparison of scientists’ views on the topic of legal personality of international law of Kyivan Rus’. Conclusions. Kyivan state in different periods of its existence was in various international legal positions. Despite of the fact, that features of international law of Kyivan Rus’ is a topic for controversy, Ukrainian and foreign scientists came to the conclusion that Rus’ was full-fledged subject of international law and after its collapse it revived in the Principality of Galicia-Volhynia, Zaporozhian Sich and the Cossack Hetmanate, Ukrainian People’s Republic, UkSSR (as independent UN member) and modern independent Ukraine.

Stages of the formation of treaty law in the history of international law

2021 ◽  
pp. 90-95
Author(s):  
Marina Okladnaya ◽  
Anastasia Pererodova
Keyword(s):  
International Relations ◽  
International Law ◽  
Main Body ◽  
International Treaties ◽  
International Treaty ◽  
Treaty Law ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Historical Periods

Problem setting. An international treaty is an agreement between two or more subjects of international relations concerning the establishment, modification or termination of mutual rights and obligations. In modern time an international treaty is the universal and primary source of international law and, at the same time, the law of treaties as a branch of international law occupies a central place in this system. The role of the treaty is constantly increasing, so it is important to study how treaty law was formed in order to understand how it has changed over history, and what factors have influenced the formation of the main branch of international law. Analysis of recent researches and publications. The law of international treaties causes increased attention of lawyers to the study, research and analysis of its main aspects. Among the domestic and foreign scholars who have made a significant contribution to the study of the law of treaties can be distinguished such as V. Butkevich, Y. Brownlie, A. Talalaev, O. Merezhko, O. Nazarenko, F. Martens, V. Shurshalov, I. Lukashuk, O. Zadorozhniy and others. Target of research. Study of international treaty at different stages of formation of international law, analysis and comparison of forms, content, functions and significance of the treaty in different historical periods. Article’s main body. The article is devoted to the development and formation of the basic branch of international law – treaty law. It studies the stages of formation of the institute of treaty law during different periods of history, identifies the features of the treaty at each stage of formation. Conclusions and prospects for the development. The agreement is an important and necessary instrument of interaction and communication between people, it establishes ties between peoples and states, helps to resolve conflicts, that is why the signing of treaties is a significant mechanism for the regulation of human relations since ancient times. In this article we have traced how different historical periods influenced the formation of international treaty law, which events were of key importance for the development of international law in general. Throughout the history of international law, the treaty has undergone a number of transformations of its forms, types and procedures of conclusion. The treaty form of consolidation of international relations is the basis of stability and efficiency of the legal order in international law. At the present time, the law of international treaties is a self-sufficient, developed branch and system of international law. It is the key branch of international law with its institutions, low basic principles, and continues to develop rapidly and irreversibly.

17. Diplomatic and consular relations

2019 ◽  
pp. 381-400
Author(s):  
James Crawford
Keyword(s):  
International Law ◽  
Legal Aspects ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Legislation ◽  
Judicial Decisions ◽  
State Practice

The rules of international law governing diplomatic relations are the product of long-established state practice reflected in treaties, national legislation, and judicial decisions, as codified in the Vienna Convention on Diplomatic Relations. This chapter discusses the general legal aspects of diplomatic relations; staff, premises, and facilities of missions; inviolability of missions; diplomatic agents; consular relations; special missions; and crimes against internationally protected persons.

Universal International Law

1993 ◽  
Vol 87 (4) ◽  
pp. 529-551 ◽  
Author(s):  
Jonathan I. Charney
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Diplomatic Relations ◽  
State Behavior ◽  
Legal Principles ◽  
Bilateral Relations ◽  
Uniform State ◽  
The Common ◽  
Multilateral Treaties

In this shrinking world, states are increasingly interdependent and interconnected, a development that has affected international law. Early international law dealt with bilateral relations between autonomous states. The principal subjects until well into this century were diplomatic relations, war, treaties and the law of the sea. One of the most significant developments in international law during the twentieth century has been the expanded role played by multilateral treaties addressed to the common concerns of states. Often they clarify and improve rules of international law through the process of rendering them in binding written agreements. These treaties also promote the coordination of uniform state behavior in a variety of areas. International organizations, themselves the creatures of multilateral treaties, have also assumed increasing prominence in the last half of this century. They contribute to the coordination and facilitation of contemporary international relations on the basis of legal principles.

Classes of Heads of Mission

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
International Law ◽  
Foreign Affairs ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Holy See ◽  
Heads Of State ◽  
International Law Commission ◽  
Respective State ◽  
Law Commission

This chapter analyses Articles 14 and 15 of the Vienna Convention on Diplomatic Relations. Article 14 organizes the heads of the diplomatic of each respective State into three classes, namely: (a) that of ambassadors or nuncios (in the case of the Holy See) accredited to Heads of State and other heads of mission of equivalent rank; (b) that of envoys, ministers and internuncios accredited to Heads of State; and (c) that of chargés d’affaires accredited to Ministers for Foreign Affairs. The Article also makes it clear that there shall be no differentiation between heads of mission by reason of their class. Article 15 further concerns the classes of the heads of mission as it states that the classes to be assigned shall be agreed between the States. The chapter also looks into how the International Law Commission faced the concerns surrounding the classes leading up to the formation of both Articles.

Size of the Mission

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
United States ◽  
International Law ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
International Law Commission ◽  
Law Commission

This chapter explores Article 11 of the Vienna Convention on Diplomatic Relations which deals with the appropriate size of the diplomatic mission. Before the mission, both of the sovereign States involved can agree on its size. If there is no prior agreement, then the receiving party may require the size to be reasonable and normal. The Article also states that the receiving State may refuse to accept officials of a particular category. The International Law Commission decided that a balance must be struck between the interests of the sending and the receiving State. The chapter then highlights the controversy that emerged due to the text used in the second paragraph that certain nations such as United States became unhappy with the phrase ‘that the receiving State may refuse to accept officials of a particular category’ even though the Commission stresses that it non-discriminatory and is used in the context of the first paragraph regarding the size of the mission.

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