Wpływ braku uznania rządu państwa totalitarnego i autorytarnego na zdolność sądową tego państwa w świetle koncepcji brytyjsko-amerykańskich

Although government recognition is a legal concept of public international law, it interacts with other branches of law, including private international law and international civil procedure. According to the jurisprudence of British and American courts, unrecognized governments do not possess locus standi in civil proceedings in regard to matters which fall within the state dominium. In the mentioned jurisprudence, a doctrine has been formulated according to which judges are bound by the position of their state executive bodies in regard to foreign state and government recognition, which has direct influence on the locus standi of foreign states in the courts of Britain and the United States. The aim of this paper is to present the above rulings, as well as to analyze whether there are grounds for accepting the doctrine which follows from them in Polish civil litigation.

Legal problems of functioning of the institute of honorary consul in Ukraine

Problem setting. The Institute of Honorary Consul is intended to carry out its activities in order to expand the relations between States in a variety of spheres, as well as to establish, strengthen and maintain ties in the cultural, economic, political spheres. In view of this, we consider the Institute of Honorable Consul an important link in shaping relations between states, because in the process of globalization, this institute becomes more and more popular. However, we cannot but note the existing number of problems associated with the abuse of the Institute of Honorary Consulations and Immunities, therefore this topic needs further research and definition of ways to avoid such violations by representatives of the Institute of Honorary Consulations in Ukraine. Analysis of recent researches and publications. Problems of consular law Explore a number of scientists whose work is the information foundation of this work. In particular, this works Matyash I.B., Sandrovsky K.K., Blushchenko I.P., Krivachikova Y.S., Gumenyuk B.I., Polonyuk N.V., Timchenko L.D. and other. Target of research is to analyze the legal status of the Honorary Consul, to determine the privileges and immunities of the Honorary Consul, to note the volume of privileges and immunities that abuse honorary consuls and provide recommendations to avoid such violations. Article’s main body. This article exposes legal frameworks of functioning of institute of the honoured consul in Ukraine. A historical division into periods of becoming of institute of the honoured consulate is in-process remembered in Ukraine from the moment of founding the Hetman state. Determination of concept is in-process given the honoured consular public servant(honoured consul) according to Viennese Convention “About the consular relations” of 1963 and Order of foreign of Ukraine Ministry “About claim of Statute about the honoured(nonpermanent) consular public servants of the foreign states in Ukraine and consular establishments that is headed such public servants”. Authors light up the process of engaging in the candidate of position of the honoured consul of the foreign state in Ukraine, that includes: idea of query about a consent to setting in Ukraine of the honoured consul of the foreign state, grant of certificate about his person to Ministry of external matters of Ukraine(farther MFA of Ukraine), report of MFA of Ukraine of the accreditor state about made decision by the message of verbal note, delivery of patent the accreditor state about assigning for position, acceptance of patent of MFA of Ukraine, confession of legal status, receipt of exequatur and certification for confirmation of status of the honoured consul. In the article certain requirements are to the candidate on employment of position of the honoured consul in Ukraine, and also his privilege and імунітети, to that belong: right on establishment of free diplomatic зносин; right freely to move and travel for territories of Ukraine; inviolability of consular archive of the honoured consulate is at terms certain Order of MFA of 2007; In the article marked, that privileges and імунітети it it is been the subject of international relations by considerably narrower, than public servants of consulate : they do not have immunity from an arrest and subpoenaing, however to the honoured consul must belong with corresponding respect. By authors the row of legal problems of functioning of institute of the honoured consulate was certain at Ukraine, to that it was taken: abuse of privileges and імунітетами in part of right on carrying on commercial activity next to consular, that it can be used for the receipt of illegal benefit; inviolability of apartments – gives an opportunity to grow into a shield from searches for all building; to practise upon a right on the use of car with diplomatic numbers; to use diplomatic mail and consular suitcase not on purpose Conclusions and prospects for the development. As a result of a significant distribution of the institute of honorary consuls and despite limited, but rather significant privileges and immunities, honorary consuls may successfully implement their business interests. Examples of possible illegal use of the benefits provided in accordance with the legislation are given above. Therefore, in our opinion, in our opinion, it is expedient to exercise control over the movement of these persons and their activities from the BOW of the rights and accomplishments through the use of modern technical methods – the use of GPRS navigation, etc. And in order to facilitate the load on law enforcement agencies to create a Council of Honorary Consulations under the Ministry of Foreign Affairs of Ukraine. And more clearly regulate the legal status of honorary consuls, since recently the tendency to expand the circle of their functional duties and powers. In particular, to provide a separation of business from consular activities to minimize cases of abuse of certificates by its privileges and immunity.

Paradise of territoriality lost: rethinking extraterritoriality in administrative law

Traditionally, the scholarship of administrative law has paid only very limited attention to the phaenomenon of extraterritoriality. Hereby, the scholarship has reflected the theoretical considerations concerning the sovereignty of the State, which have implied that administrative authorities execute their functions exclusively in the territory of the State. At the same time, the scholarship of international public law has traditionally acknowledged that – as based on a corresponding international agreement – a State may allow the administrative authorities of a foreign State to execute certain functions in its own territory. This article aims to reconcile these two approaches, demonstrating that the phaenomenon of extraterritoriality has emerged to represent an integral part of the system of administrative law in various jurisdictions. This article also argues that this perception of administrative law actually fails to represent any new feature, but is based on traditional concepts existing in the public law of Europe. Thus, extraterritoriality must be considered as a part of the ius publicum europaeum commune.

Diplomatic and Consular Protection of Persons with Dual Citizenship Abroad

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.

Information disorder, the Triumvirate, and COVID-19: How media outlets, foreign state intrusion, and the far-right diaspora drive the COVID-19 anti-vaccination movement

Information disorder has become an increasing concern in the wake of the 2016 US presidential election. With the state of the COVID-19 pandemic rapidly evolving in all facets, the vaccination debate has become increasingly polarized and subjected to a form of politics based around identity markers such as nationality, ethnicity, gender, and ideology. At the forefront of this is the COVID-19 anti-vaccination movement that has gained mainstream attention, leading to conflict with pro-vaccinationists. This has paved the way for exploitation by subversive elements such as, foreign state-backed disinformation campaigns, alternative news outlets, and right-wing influencers who spread false and misleading information, or disinformation, on COVID-19 in order to promote polarization of the vaccine debate through identity politics. Disinformation spread sows confusion and disorder, leading to the erosion of social cohesion as well as the potential for real-world conflict and violence. As a result, the article below will generate further understanding of the modern-day spread of disinformation, the strategies and tactics utilized by state and non-state actors, the effects of its exposure, and the social-psychological processes involved in its spread and resonance. Furthermore, in countering this phenomenon, this article recommends a collaborative framework involving emphasis on critical media literacy skills, citizen participation, and development of counter-offensive capabilities towards state-backed information operations.

The Evolving Concept of the Japanese Security Strategy

This chapter studies how the significant cyberattacks perpetrated against the Japan Pension Services (JPS) served to heighten awareness of the significance of cyber threats among political and corporate executives. According to the Japanese cybersecurity strategy, cyberattacks constitute a global risk and remain a prime concern for the development of appropriate countermeasures. As a result, Japan has regarded the strengthening of cybersecurity as a priority and outlined this to the National Security Council in 2014. At present, information security institutions in Japan are chaperoned by the cybersecurity strategy headquarters, which aims to promote constructive and efficient cybersecurity policies. In addition, Japan has implemented its third action plan on information security for critical infrastructure and revised its cybersecurity strategy in 2015. By working in partnership with countries around the world, Japan pursues its own national security as well as the peace and stability of the international community. International cooperation and partnerships also contribute to the international campaign against cyberattacks, especially those in which foreign state actors may be implicated.

Lasso oil plans will stoke tensions in Ecuador

Significance He aims to increase incentives for private firms and foreign state-owned enterprises to operate in Ecuador, while reducing the role of national oil company Petroecuador. The reforms, if implemented, may have their intended effect on oil production but they will stoke political tensions and will be challenged by indigenous and environmental movements. Impacts Plans to boost oil production will reassure international investors about the government’s ability to service foreign debt obligations. Global campaigns against funding oil investment might limit international investment in the oil sector to some degree. Increased oil production and exports will alleviate balance of payments constraints on economic growth.

Mongolian Investment Regulation and Arbitration

The author of the study presents the Mongolian legal environment regulating foreign direct investment. The evolution of the rules governing this field is presented in a chronological order from the democratization of Mongolia in the early 1990s to the present day. The author remarks the changes in the rules over time, which show an evolution towards a more level playing field between foreign investors, who were initially in a privileged position when compared to domestic investors. Other changes concern the authorization requirements for foreign investments, which evolved in order to hinder the activity of foreign state-owned enterprises in Mongolia and also to safeguard Mongolian mineral wealth. Investor protection mechanisms are emphasized, such as state commitments to not modifying the taxation environment. The study analyses international arbitration case-law pertaining to foreign investment protection in Mongolia.

Varieties of state capital: What does foreign state-led investment do in a globalized world?

Existing studies have scrutinized the rise of states as global owners and investors, yet we still lack a good understanding of what state-led investment does in a globalized economy, especially in its host states. Comparative capitalisms research has analyzed foreign state investment as a potential source of patient capital for coordinated and mixed market economies. However, this patient capital framework cannot explain the recent surge of protectionist sentiments, even among the ‘good hosts’ of state-led investment. Therefore, we extend the patient capital argument and develop a broader framework centered on the globalized nature of foreign state investment. We create and empirically illustrate a novel typology based on different modes of cross-border state investment – from financial to strategic – and different categories of host states. Our results provide a new pathway to study the rise and effects of cross-border state investment in the twenty-first century.