ABSTRACT IN SERBIAN: Clanak se bavi neposrednim (diplomatskim) pregovorima koji se iz mnogo razloga smatraju osnovnim, pa i najvaznijim nacinom za mirno resavanje medunarodnih sporova. Nakon kraceg ...uvoda autor se prvo bavi nekim pojavama koje su slicne pregovorima, ali se od njih ipak po necemu razlikuju. On razlikuje mere koje treba da doprinesu da do spora ni ne dode, a u okviru njih izdvaja preventivne korake - notifikacija, prethodna saglasnost i konsultacije. S druge strane, on uvodi novi termin - "razjasnjenje situacije", podrazumevajuci pod njim korake koji se preduzimaju kada je vec nastala ili neposredno preti da nastane nepozeljna situacija koja jos uvek nije spor, ali lako moze da se izrodi u uzbiljan problem. U drugom, glavnom delu rada autor se bavi neposrednim pregovorima u uzem smislu. On tu dovoljno detaljno obraduje takva pitanja kao sto su pojam neposrednih pregovora, njohove vrste, faze, okoncanje (rezultat), prednosti i slabosti, i druga. // ABSTRACT IN ENGLISH: The article deals with direct (diplomatic) negotiations which are for many reasons widely considered, not only as a basic, but also as the most important way for the peaceful settlement of international disputes. After a brief introduction, the author first deals with some phenomena that are similar to negotiations, but are still different from them. He differs preventive measures that should contribute and assure that the dispute will not occur at all. Within them, he isolates preventive steps-notifications, prior consent and consultation. On the otherhand, heintroduces a new term-'clarification of the situation', implying the steps taken when undesirable situations have already occurred, but yet are not a dispute, but which can easily grow into a serious problem. The second main part of the paper strictly deals with direct negotiations. The author diligently deals with issues such as; the concept of direct negotiations, their types, stages, ending (the result), strength and weaknesses, etc. Reprinted by permission of Megatrend University, Belgrade, Serbia
This article highlights the various legal obstacles faced by injured parties when litigating against States in relation to their participation in the operations of international organizations. The ...primary issue is finding the right forum. Rules on the invocation of responsibility hinge on whether the respondent State is sued before its own courts (domestic law being decisive), before the courts of another country (state immunity notwithstanding), or before international courts or tribunals (Monetary Gold difficulties aside). This choice will largely depend on who the applicant is: an individual, or a State. In turn, a State may act either because it was directly injured or because it is espousing a claim of one of its citizens, in which case rules on diplomatic protection may present further obstacles. Assuming that a suitable forum is available, other hindrances may be encountered, such as legal costs and restrictive substantive law. Solutions often proposed as remedies to such obstacles, such as the further reduction of State immunity before domestic courts, may be less effective than a more ambitious strategy aimed at increasing the range of situations in which domestic public law procedures and international adjudication are actually available to victims of harm.
This practice note describes the privileges and immunities legal framework of the Organization for the Prohibition of Chemical Weapons. This legal regime shows a certain complexity derived for the ...peculiar character of a disarmament and verification institution, whose intrusiveness poses many challenges to States Parties, particularly on the privileges and immunities of inspection teams and the protection of confidential information. The
opcw
managed to protect its privileges and immunities adequately, without almost no legal conflicts both at the domestic and international level. The disputes settlement mechanisms play an important role in providing ways to avoid legal controversies.
In the shadow of war Secrieru, Stanislav
2023, Volume:
9, May 2023
Journal Article
Open access
This Brief explores Moldova's efforts to strengthen its security and resilience in the shadow of Russia's war on Ukraine. It begins with an overview of how the country's security landscape has ...changed over the last year. The Brief then looks at the Moldovan authorities' responses to both military and non-military threats. It follows with a future-oriented focus on Moldova's critical security vulnerabilities and how these could be addressed. Since the EU has played a powerful stabilising role in Moldova over the last year, the Brief concludes with recommendations on how it could support the country's resilience going forward.
Dogs of war Heinemann-Grüder, Andreas
2023, Volume:
10, Jun 2023
Journal Article
Open access
This Brief explores the sphere in which Russia's state-controlled irregular armed groups operate and the scope of their activities, focusing in particular on the notorious Wagner Group, and their ...impact on violent conflicts.
In Russia's hands Rácz, András
2021, 2021, Volume:
8, Apr 2021
Journal Article
Open access
This Brief analyses to what extent the Russian-brokered ceasefire agreement of November 2020 has created the basis for a lasting settlement in Nagorno-Karabakh. The deployment of Russian troops in ...the region may lead to a new 'freezing' of the conflict resolution process, instead of politically resolving the conflict itself.
Trusts have widely spread in Europe during the last years. The Hague Convention on the Law Applicable to Trusts and on their Recognition established common conflicts of law principles on the law ...applicable to trusts for “trust” States and “non-trust” States alike. When trust assets, beneficiaries or trustees involve a “non-trust” State, then the question of jurisdiction of disputes arising from the trust occurs. According to international conventions signed by European States such disputes may be settled by a court of the State of the defendant’s domicile or by the court mentioned by the settler. In the USA an extrajudicial way of settlement of disputes from trusts is often used.
Diplomatic law is commonly depicted as a field of law particularly differentiated and stable, and apparently at least not particularly vulnerable to the tensions associated to the restructuring of ...the global political economy which are so easily observable in other fields of international law. For centuries its formative process was customary. Later, early diplomatic practices, institutions, and norms were tailored to measure the functional and normative needs of a world of nation States. However, it was not until the signing in 1961 of the Vienna Convention on Diplomatic Relations that its basic rules were formally codified. But, as the preamble in this Convention affirms, the rules of customary law continue to govern all questions not expressly regulated by its contents. Custom however is not always the residue of the past that some practitioners and scholars use to imagine. Moreover, its formative processes are also embedded in wider historical transformations of global capitalism. Through the examination of current transformations affecting diplomatic settlement of disputes, diplomatic protection, diplomatic immunity and diplomatic reciprocity, this article contends that diplomatic law is becoming another field of struggle, both particularly unexpected and revealing, in the current transition from embedded liberalism towards a new era of global ordo-liberalism.
El derecho diplomático se representa comúnmente como una rama del derecho especialmente diferenciada y estable, y aparentemente al menos no particularmente vulnerable a las tensiones asociadas a la reestructuración de la economía política global, que son tan fácilmente observables en otros ámbitos del derecho internacional. Su proceso formativo era habitual durante siglos. Más tarde , las tempranas prácticas diplomáticas, instituciones y normas se adaptaban para medir las necesidades funcionales y normativas de un mundo de estados naciones. Sin embargo, no fue hasta la firma en 1961 de la Convención de Viena sobre Relaciones Diplomáticas, que sus normas básicas fueron codificadas formalmente. Pero, tal y como se afirma en el preámbulo de la mencionada Convención, las normas de derecho consuetudinario continuarán rigiendo las cuestiones no reguladas expresamente por su contenido. La costumbre, sin embargo, no siempre es el residuo del pasado que algunos practicantes y estudiosos imaginan. Por otra parte, los procesos de formación también están integrados en las transformaciones históricas más amplias del capitalismo global. A través del análisis de las transformaciones actuales que afectan al arreglo diplomático de las disputas, la protección diplomática, la inmunidad diplomática y la reciprocidad diplomática, este artículo sostiene que el derecho diplomático se está convirtiendo en otro campo de lucha, particularmente inesperado y revelador, en la actual transición del liberalismo solidario hacia una nueva era del ordo-liberalismo global.
Abstract
On 16 April 2013, the International Court of Justice (icj) rendered an unanimous Judgment in the case regarding the boundary dispute between Burkina Faso and the Republic of Niger. This note ...will review the findings of the Court against the background of the previous judgments which the icj has rendered regarding land boundaries in this region, formed by the former French colonial territories of West Africa (Burkina Faso/Mali and Benin/Niger). It will also examine current trends and future prospects for the delimitation of frontiers in Africa, where it is estimated that at present only 35% of land boundaries have been subject to delimitation and demarcation. Many African frontiers, while theoretically defined by means of treaties, are insufficiently (if at all) demarcated on the ground, which causes confusion concerning the actual physical location of (or at least parts of) boundaries. In the recent period, several factors have contributed to a greater awareness of concerned States and stakeholders of the urgent need for the completion of outstanding delimitations. The author argues that the icj is likely to remain a popular venue for African States willing to settle boundary disputes.
At the time the United States withdrew from participation in the Nicaragua case at the International Court of Justice, the US government expressed concern that ‘the course on which the Court may now ...be embarked could do enormous harm to it as an institution and to the cause of international law’. This essay examines whether or to what extent the anticipated negative effects came to pass. It concludes that dire predictions of harm to the Court were overstated. Twenty-five years later, the rate at which states accept the Court's jurisdiction has held steady. Only a few states have added jurisdictional reservations concerning military activities. The mix of cases being brought to the Court has shifted towards a more representative distribution. States are generally complying with the Court's decisions, though some compliance problems remain. The most serious negative impact has been on the willingness of the United States (still the Court's most active litigant) to participate fully in international dispute settlement.
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