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.
In June 2010, the US District Court for the District of Columbia rejected Argentina's request to vacate a large adverse award rendered in an arbitration brought by a British firm. In the early 1990s, ...Argentina privatized various state-owned enterprises, including gas distribution companies, and adopted regulatory and tariff measures intended to encourage foreign investment in such companies. BG Group PLC, a UK company, subsequently made substantial investments in an Argentine gas distribution company. In 2003, alleging that these measures significantly reduced its investment's value, BG Group initiated arbitration against Argentina pursuant to the bilateral investment treaty between Argentina and UK. In 2007, the arbitration panel unanimously ruled in BG Group's favor, awarding over $185 million, plus costs, attorneys' fees, and interest.
In August 2011, the United States Trade Representative announced that the United States is initiating arbitration proceedings against Guatemala under Chapter 20 of the United States-Dominican ...Republic-Central America Free Trade Agreement, is discussed. The United States contends that Guatemala has failed to enforce its labor laws, contrary to its obligations under CAFTA-DR Article 16.2. The United States initiated a formal consultation process on the issue with Guatemala in July 2010,2 but the consultations did not resolve U.S. concerns.
In June 2011, the US Department of State announced that it will begin implementation of a claims settlement agreement between the United States and Iraq signed in early September 2010. In the ...agreement, Iraq agreed to pay $400 million in final settlement of claims stemming from actions by the prior regime at the time of the first Gulf War, as well as servicemen's claims for injuries from Iraq's 1987 missile strike on the USS Stark. In July 2011, the United States and Mexico concluded agreements aimed at resolving a long-running dispute involving US refusal to allow Mexican long-haul trucks to carry cargoes to and from Mexico on US highways outside of a narrow border zone. The United States has banned long-haul Mexican trucks for many years, although some were allowed under a Bush administration program that ended in 2009. In July 2011, the United States and Mexico concluded agreements aimed at resolving a long-running dispute involving US refusal to allow Mexican long-haul trucks to carry cargoes to and from Mexico on US highways outside of a narrow border zone. The United States has banned long-haul Mexican trucks for many years, although some were allowed under a Bush administration program that ended in 2009.
In Jul 2011, the US and Mexico concluded agreements aimed at resolving a long running dispute involving US refusal to allow Mexican long-haul trucks to carry cargoes to and from Mexico on US highways ...outside of a narrow border zone. The US has banned long-haul Mexican trucks for many years, although some were allowed under a Bush administration program that ended in 2009.
This article focuses on the adoption of the 1994 Agreement on free trade area as the basis for the formation of the 2011 Agreement on free trade area. International relations have been developing ...constantly, especially on trade issues. Ratification of the 2011 agreement has helped to adapt to modern realities, still basing on the provisions of the 1994 treaty, the final formation of which took more than 10 years.
The aim of this Brief is to identify the chief drivers of instability in Pakistan today, their potential ramifications beyond the country's borders, and to provide guidance for EU policymakers on ...steps that can be taken to help restore economic and political stability in the country.
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