A Short Excursus into the Issue of Consular Law with an Emphasis on the National Legislation of the Czech Republic

2021 ◽  
Vol 36 (36) ◽  
pp. 156-171
Author(s):  
Aleš Zpěvák ◽  
Jiří Víšek
Keyword(s):  
Czech Republic ◽  
International Law ◽  
Administrative Law ◽  
Vienna Convention ◽  
The Czech Republic ◽  
Public International Law ◽  
National Legislation ◽  
Legal Norms

Consular law is a set of norms governing the establishment of consular relations and opening consular offices of another state. This is a branch of law that is not unambiguously classified, falling both under international law and national law. It is a highly consolidated, incorporated, and also a recently codified branch of public international law in which the international element undoubtedly dominates. Under the surface, however, one can find more or less highly developed national legislation (German consular law, Italian consular law) which is not a mere concession to international legal norms (especially the Vienna Convention on Consular Relations) but are often separate sets of norms, collected into other directly related, linked to or even closely related national legislation. Given the functions performed by the consular post and the organisational integration of consular authorities into the system of state bodies, it is subsequently possible to classify national consular law into the branch of administrative law.

scholarly journals “ATOMIC LAW” OR “NUCLEAR LAW”? AN ACADEMIC DISCUSSION REVISITED

2018 ◽  
Vol 5 (3) ◽  
pp. 135-151
Author(s):  
J. Handrlica
Keyword(s):  
Ionizing Radiation ◽  
International Law ◽  
Nuclear Energy ◽  
Popular Literature ◽  
Atomic Energy ◽  
Soft Law ◽  
Legal Scholarship ◽  
National Legislation ◽  
Legal Norms ◽  
Energy Law

The terms “atomic law” and “nuclear law” are regularly being (to a certain part as synonyms) used in both scientific and popular literature to refer to a body of legal norms, governing peaceful uses of nuclear energy and ionizing radiation, as provided by sources of international law (“international atomic law,” or “international nuclear law”), national legislation and a complex body of unbinding norms (soft law). Further, several other variations of these terms are also regularly used (such as “atomic energy law,” “nuclear energy law,” “international nuclear law,” “law of the atomic/nuclear energy,” etc.). This contribution aims to identify the origins of this terminological labyrinth and to deal with the perception of these terms in the legal scholarship. Further, this contribution deals with the recent perception of these terms in the legal science of major States, using nuclear energy for peaceful purposes. This article aims to clarify the existing terminology, which is to large extent being used in the literature without an appropriate explanation. The author pleads for a consequent use of the term “nuclear law” (droit nucléaire, yadernoe pravo, Nuklearrecht, derecho nuclear, diritto nucleare) and presents arguments for such conclusion.

VALIDITY AND LEGAL EFFECT OF PUBLISHING LICENSE AGREEMENTS ACCORDING TO NEW CZECH LEGISLATION

2021 ◽  
Author(s):  
Lydie Tallova
Keyword(s):  
Czech Republic ◽  
Historical Context ◽  
Legal Protection ◽  
Civil Code ◽  
Copyright Law ◽  
Private Law ◽  
License Agreement ◽  
Industrial Property ◽  
The Czech Republic ◽  
Legal Norms

"This contribution focuses on the new legislation on the publishing license agreement in the Czech Republic. Given the legislative history and its importance in the copyright obligation area, this type of agreement occupies an essential position. The publishing license agreement is the oldest kind of license agreement. It dates back more than sixty years to earlier of the Czech legislation. Since 1953, it has been embedded in the the copyright law as a special subtype of copyright agreements. After the recent reform of the Czech private law, this legal body underwent a fundamental legislative change consisting of the transfer of this piece of legislation from the copyright law to the New Civil Code in order to unify the duality of the previous license agreement legislation formerly embedded in two legal norms of the Czech legal system. While the license provisions for literary, artistic and scientific works were contained in the copyright law provisions, the legal protection for industrial property objects, including corresponding license provisions, were subject to the commercial code. In connection with the private law reform, the New Civil Code came into effect on 1 January 2014 and its framework provided the lawmakers with a chance to unify the previously fragmented license agreement legislation into a single legal provision, while at the same time respecting the particularities of the license under copyright law. The unified license agreement legislation for commercial and civil relations in connection with the reform of local private law is newly defined in Sec. 2358 and 2389 of New Civil Code (Act No. 89/2012 Sb.), while the publishing license agreement provisions are defined in a special provision in Sec. 2384 and 2386 thereof. The new legislation has adopted the previous legislation from both special acts without any fundamental changes. However, minor changes are introduced to licensing law in the Czech Republic which are further specified in this paper. The issue under review is set in a theoretical framework and simultaneously depicted in a historical context. This paper presents the topic in its complexity by highlighting the overlap of the introduced changes in license agreement legislation with other provisions of the private law."

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.

4. Interpreting the Convention

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Andclare Ovey
Keyword(s):  
Human Rights ◽  
International Law ◽  
European Convention ◽  
Vienna Convention ◽  
Public International Law

This chapter analyses the interpretation of the European Convention on Human Rights (ECHR). It explains that there are key themes which have dominated the interpretation of the Convention: the purposive and the evolutive interpretations. The chapter describes the approach of the Strasbourg Court to the interpretation of the ECHR and evaluates the influence of the Vienna Convention. It suggests that the interpretation of the Convention builds on the rules of public international law on the interpretation of treaties and has remained broadly consistent with those principles, and that the role of the Strasbourg Court is casuistic.

Case Practice in International Administrative Law

1997 ◽  
Vol 10 (2) ◽  
pp. 295-303
Author(s):  
Edgar Hennis
Keyword(s):  
International Law ◽  
International Organizations ◽  
European Space Agency ◽  
Administrative Law ◽  
Legal Issues ◽  
Recent Case ◽  
Public International Law ◽  
Space Agency ◽  
Legal Questions ◽  
Administrative Procedures

International administrative law deals with legal recourse within public international organizations in respect of conflicts between employees (international civil servants) and the organization itself. Literature in this field of public international law is relatively scarce and jurisprudence is not easily accessible. Following a short survey of the main particulars in international administrative law this article will present a recent case in which the Appeals Board of the European Space Agency (ESA) rendered a decision. It deals with some typical legal issues which play a role in international administrative procedures. For practitioners, in particular, this case is an interesting example, of how international tribunals solve legal questions in respect of jurisdiction and substance.

The Canon of Love against the Use of Force in Islamic and Public International Law. Part I: The Chamber of Love within Legal Discipline

2015 ◽  
Vol 15 (4) ◽  
pp. 591-628 ◽  
Author(s):  
Farhad Malekian
Keyword(s):  
European Union ◽  
International Law ◽  
Use Of Force ◽  
Human Beings ◽  
Public International Law ◽  
Legal Norms ◽  
Philosophical Interpretation ◽  
Philosophy Of Love ◽  
The Law ◽  
Human Integrity

To attempt to speak coherently about the philosophy of love in conjunction with the law is an eccentric undertaking for an international lawyer. This work asserts the view that “love” plays a significant jurisprudential role in both the writing and philosophical interpretation of the law. It is a powerful norm. If the law is written and interpreted with love for human beings, the position of the use of force will be modified and concede its place to the approbation of equal justice and peace based on the primary value of human integrity. The work will be a comparative discussion, as the adherence of European states to both public international law and European Union norms suggests that neither need there be an inevitable divergence between adherence to both these and to Islamic legal norms. It brings into recognition the principle that the use of armed force for any purpose is a serious violation of the jurisprudence of law and runs contrary to the inherent integrity of humankind and the canon of love for justice.

scholarly journals Heterogeneity, Compliance and Enforcement of Public International Law Remarks on Sanctions and Countermeasures

Politeja ◽  
2019 ◽  
Vol 16 (6(63)) ◽  
pp. 7-25
Author(s):  
Jerzy Menkes ◽  
Anna Kociołek-Pęksa
Keyword(s):  
Law Enforcement ◽  
International Relations ◽  
International Law ◽  
Feedback Loop ◽  
Main Issue ◽  
Legal Responsibility ◽  
Social Efficiency ◽  
Public International Law ◽  
Legal Norms

This paper discusses issues with law enforcement and compliance in the area of public international law. It presents the conditions affecting the quality of the application of legal norms of public international law. Analysis of the problem is multifactorial. While presenting the law enforcement process, attention is drawn to the question of the standards of execution of international legal norms that run contrary to national law. This phenomenon has been identified as and called by the authors “discovering law (legal norms) through sanctions”. The main issue concerns theoretical and legal philosophical issues: the legal responsibility of states, coercive measures against states, sanctions and countermeasures in public international law and in international relations. The authors critinstitutionalization and heterogenity of public international lawicize the contemporary model of the legal responsibility of states, pointing to a feedback loop between the concept of sanctions and the principle of the sovereigntyof a state. Homogenization and globalization processes overlap only slightly in public international law. Also, institutionalization and constitutionalization have slowed. We argue that the PIL system is threatened by the effects of sui generis rejection of legal norms by a state in relation to certain countries while claiming that these legal norms apply to other countries. The system is also under threat by the effects of strong nationalist tendencies among PMP actors, as well as the international community itself. The conclusion and recommendation of the authors suggest that the lack of analysis of socio-legal publicinternational law is undesirable and harmful to that area of law. We claim that itnegatively affects macro-social efficiency and, above all, the supranational and interstate (intergovernmental) level of effectiveness. It impairs the process of institutionalization of public international law and hinders the process of socialization, sensu largissimo.

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