scholarly journals Importance and Role of Honorary Consuls in Exercise of Consular Functions // Značaj i uloga počasnih konzula u obavljanju konzularnih funkcija

2018 ◽  
Vol 8 (8) ◽  
pp. 156
Author(s):  
Duško Glodić
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Political Sphere ◽  
Legal Nature ◽  
State Actors ◽  
State Cooperation ◽  
Made In ◽  
Inter State ◽  
Commercial Trade

The article explores the role and importance of honorary consuls in the exercise of consular functions assigned to them. Their commitment to the strengthening of the inter-state cooperation in the non-political sphere and the support, protection and advice provided by the honorary consuls were emphasised as the historically grounded services rendered by this category of agents. It is, however, stressed that, although the contemporary ways of communication between different state and non-state actors happen without the use of diplomatic and consular mechanisms, the honorary consuls still find their place in the relations between the states and commercial, trade and other sorts of partners based in different states. The positive International Law, including the Vienna Convention on Consular Relations, as well as bilateral consular conventions, concluded between the interested parties, recognises the institutions of honorary consuls and possesses a certain set of rules that define the appointment and status of them. The article further explores the legal nature, privileges and immunities that are accorded to the honorary consuls and highlights the sets of usual and less usual consular functions that may be assigned to them by the sending state. Some exploration of both official and symbolic functions of the existence of the use of honorary consuls has been made in the article.

Historical Development

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Historical Development ◽  
General Trend ◽  
Armed Conflicts ◽  
Fundamental Transformation ◽  
State Actors ◽  
The Law ◽  
State Relations ◽  
Inter State ◽  
State Territory

This chapter traces the development of the law of belligerent occupation in order to identify trends relevant to the regulation of internationalized armed conflicts. It observes that despite the general grounding of this body of law in a state-centric paradigm, several isolated developments have contemplated the possibility of non-state actors becoming belligerent occupants of a portion of state territory. Moreover, the chapter highlights that the law of belligerent occupation has undergone a fundamental transformation as part of a general trend of individualization and humanization of international law. Therefore, it is no longer simply a brake on inter-state relations and a protector of states’ interests and institutions. Instead, the law has gradually brought individuals’ interests to the fore, putting persons before institutions and individuals before states. Overall, the chapter uncovers the historical reasons that support an extensive view of the applicability of the law of occupation to modern internationalized armed conflicts.

Conclusions

2018 ◽  
Author(s):  
Amy Strecker
Keyword(s):  
International Law ◽  
Eu Law ◽  
World Heritage Convention ◽  
State Practice ◽  
The World ◽  
State Obligations ◽  
Made In ◽  
Landscape Protection

The final chapter of this book advances four main conclusions on the role of international law in landscape protection. These relate to state obligations regarding landscape protection, the influence of the World Heritage Convention and the European Landscape Convention, the substantive and procedural nature of landscape rights, and the role of EU law. It is argued that, although state practice is lagging behind the normative developments made in the field of international landscape protection, landscape has contributed positively to the corpus of international cultural heritage law and indeed has emerged as a nascent field of international law in its own right.

Governing International Cooperation in Criminal Matters: The Role of the aut dedere aut judicare Principle

2018 ◽  
Vol 18 (2) ◽  
pp. 244-274 ◽  
Author(s):  
Andrea Caligiuri
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Legal Nature ◽  
The Status ◽  
Criminal Matters ◽  
The Relationship ◽  
Over Time

The aim of the study is to ascertain how the original Grotian formula ‘aut dedere aut punire’ has been implemented and evolved in international law. The first step is to classify the multilateral conventions that have accepted an aut dedere aut judicare clause. The goal is to bring out peculiarities of the different treaty texts, describing the relationship between the two options dedere and judicare, and the different obligations that arise for the contracting states. We will then examine the content of the two options, to define the legal boundaries within which the contracting states shall or may operate. At this point, we will focus on the legal nature of the aut dedere aut judicare principle that over time may have risen to the status of customary rule. The study will conclude with analysis of reactions to the breach of the aut dedere aut judicare clause by non-complying countries.

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.

Part I Conclusion of Treaties, 1 Are Agreements between States and Non-State Entities Rooted in the International Legal Order?

2011 ◽  
Author(s):  
Olivier Corten ◽  
Pierre Klein
Keyword(s):  
International Law ◽  
Political System ◽  
Affirmative Answer ◽  
Legal Order ◽  
Vienna Convention ◽  
Clear Cut ◽  
Peace Agreements ◽  
National Jurisdiction ◽  
International Legal Order ◽  
Made In

Can peace agreements concluded between a State and a non-State entity produce legal effects in the international sphere, as mentioned in Article 3 of the Vienna Convention on the Law of Treaties? Could it be considered that, following the conclusion of such agreements, some areas that were traditionally conceived as pertaining to the national jurisdiction of States (such as the use of violence within national borders, or the choice of a political system) are as of now governed by international law? On the basis of numerous agreements reviewed in this study, a clearly affirmative answer would appear excessive. As far as the international legal effects of such instruments are concerned, much will depend on the specificities of each agreement and on the way it has been implemented. Most of these agreements prove to be rather ambiguous, a significant portion of their components evidencing their rooting in the domestic legal order. This ambiguity finds confirmation in the very pragmatic treatment of peace agreements by the Security Council and States when they call for compliance with these instruments. In the vast majority of cases, such demands are made in the name of the maintenance of international peace and security, without much attention being paid to the characterization in legal terms of the parties' undertakings under these agreements. It therefore appears difficult to reach clear-cut conclusions as to the legal effects of such peace agreements in the international sphere — and, as a consequence, as to their possible characterization as ‘treaties’ under international law.

Emerging Issues and Challenges in Transboundary Freshwater: The Role of Treaties and Treaty Design

2020 ◽  
Author(s):  
Shlomi Dinar
Keyword(s):  
Water Resources ◽  
Water Scarcity ◽  
National Development ◽  
International Agreements ◽  
Political Conflict ◽  
Conflict And Cooperation ◽  
Emerging Issues ◽  
State Cooperation ◽  
Inter State

Freshwater’s transboundary nature (in the form of rivers, lakes, and underground aquifers) means that it ties countries (or riparians) in a web of interdependence. Combined with water scarcity and increased water variability, and the sheer necessity of water for survival and national development, these interdependencies may often lead to conflict. While such conflict is rarely violent in nature, political conflict over water is quite common as states diverge over how to share water or whether to develop a joint river for hydropower, say, or to use the water for agriculture. For the same reasons that water may be a source of conflict, it is also a source of cooperation. In fact, if the number of documented international agreements over shared water resources is any indication, then water’s cooperative history is a rich one. As the most important and accepted tools for formalizing inter-state cooperation, treaties have become the focus of research and analysis. While treaties do not necessarily guarantee cooperation, they do provide states with a platform for dealing with conflict as well as the means to create benefits for sustained cooperation. This also suggests that the way treaties are designed—in other words, what mechanisms and instruments are included in the agreement—is likewise relevant to analyzing conflict and cooperation.

The Law of Eurasian Economic Union: International Legal Discourse

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0 ◽  
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin
Keyword(s):  
International Law ◽  
Latin American ◽  
Point Of View ◽  
The European Union ◽  
Secondary Sources ◽  
Eurasian Economic Union ◽  
Legal Nature ◽  
Economic Union ◽  
The Law

The article discusses the main features of the Law of the Eurasian Economic Union (EAEU) from the point of view of modern international law, its legal nature and place, and functions in the regulation of the Eurasian integration. The article investigates the importance of the Foundation agreement as the international legal basis of the Union and its legal system. The author conducts comparative law analysis of conceptual models of the integration law on the example of the European legal theories of the European Union and Latin American theories of law on regional economic integration. This article gives comprehensive international law characteristics of regulatory definitions and conceptual framework of the EAEU law. The author classifies contractual sources of the Union’s Law and reveals the relationship between them. The author shows the role of secondary sources of the Union’s Law — acts of intergovernmental bodies. The author does not only list the sources enumerated in the EAEU Treaty, but also makes a forecast about the role of other international law acts and norms in the development of the EAEU Law concept. The author draws the conclusion that the Union’s Law is of an international law nature.

THE LEGAL CHARACTER OF ARTICLE 18 OF THE VIENNA CONVENTION ON THE LAW OF TREATIES

2019 ◽  
Vol 68 (3) ◽  
pp. 699-717
Author(s):  
Paul Gragl ◽  
Malgosia Fitzmaurice
Keyword(s):  
International Law ◽  
Good Faith ◽  
Vienna Convention ◽  
Underlying Principle ◽  
Human Rights Treaties ◽  
Legal Nature ◽  
Legal Character ◽  
Bilateral Treaties ◽  
Legal Consequences ◽  
Law Making

AbstractThe main reason for Article 18 being one of the most opaque provisions of the Vienna Convention is that it establishes a relatively vague ‘interim obligation’ for States to refrain from acts which would defeat the object and purpose of a treaty between its signature and ratification. Although the existence of such an interim obligation has been recognized by States and in various international legal regimes, it remains problematic since Article 18 neither defines nor determines its own contours and when and under which conditions it is being breached. It goes without saying that the legal consequences of a possible breach of this provision are left equally unclear. It remains uncertain how the interim obligation of Article 18 fits into the general international law of treaties; what its legal nature and temporal scope is; which role the principle of good faith plays as a possibly underlying principle of this provision; and how we should understand the object and purpose of a treaty and how it can be defeated. Furthermore, its apparent focus seems to be on bilateral rather than multilateral treaties, but this exclusive application of this interim obligation to bilateral treaties would contravene both the expressed and implied intent of the drafters. Therefore, this article also discusses how Article 18 fits within the normative system of international law and law-making treaties, such as human rights treaties.

Conference Report – “From Government to Governance? The Growing Impact of Non-State Actors on the International and European Legal System” - 6th ASIL / NVIR / T.M.C. Asser Institute Joint Conference in The Hague, 3 -5 July 2003

2003 ◽  
Vol 4 (8) ◽  
pp. 827-850 ◽  
Author(s):  
Stefan Kirchner
Keyword(s):  
International Law ◽  
International Organizations ◽  
Use Of Force ◽  
Conference Report ◽  
International Terrorism ◽  
Joint Conference ◽  
The Hague ◽  
State Actors ◽  
The U.S

This year's 6th Joint Conference held by the American and Dutch Societies of International Law and organised by the T.M.C. Asser Institute in The Hague focused on the increasing importance of the role of non-state actors in international law and at the same time provided an opportunity for American and European lawyers to address recent differences between the U.S. and Europe, e.g. on the use of force in Iraq. Consequently one of the three major issues of the conference was the response to international terrorism, while other issues included the role of international organizations as well as transnational corporations in international law.

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