Presented paper aims to define obligations of receiving state according to premises of diplomatic mission. This is particular kind of real estates, which are located on territory of state. Author ...tries to answer a question about legal effects of violation premises of diplomatic mission on the ground of the international law. Article contains key provisions of the international law for this issue, which are connected to premises of diplomatic mission and ground for the responsibility and liability of state. Presented acts of the international law concerns on not only diplomatic law, but also law of special missions and antiterrorist law. Author describes also legal status of premises of diplomatic mission on territory of receiving state. Analysis of abovementioned provisions is necessary to derive obligations of receiving state. Moreover, there are described the most well-known cases of assaults on premises of diplomatic mission and statistics concerning on this subject. Author considers possible cases of violation of premises of diplomatic mission and international legal effects of such case. There can be many cases, because inviolability of premises can be an act of third state, which is bound by provisions of diplomatic law, both agreements and custom.
Diplomacy is a series of crises, and the navigational beacon for a nation is international law. This book is a collection of articles on six selected international legal issues concerning Japan. It ...addresses various issues, including self-defence, post-war legal issues, chemical weapons, the law of the sea, consular immunities, and hijacking. It is a legal documentary through which the reader can look into the minds of Japanese officials challenged by one crisis after another.
As a coherent whole, this book ably represents “Japan’s Practice of International Law” and remarkably portrays international law in action from a Japanese practitioner’s perspective.
Recensión de / Review of
Stefano Colavecchia, Alberico Gentili e l’Europa. Storia ed eredità di un esule italiano nella prima età moderna , eum, Macerata, 2018, 225 págs.; ,
AA.VV., Alberico e ...Scipione Gentili nell’Europa di ieri e di oggi. Reti di relazioni e cultura política. Atti della Giornata Gentiliana in occasione del IV centenario della morte di Scipione Gentili (1563 – 1616); eum, Macerata, 2018, 215 págs.;
Alberico Gentili, Libro di varie letture virgiliane al figlio Roberto (Lectionis Virgilianae Variae Liber. Ad Robertum filium, Hanau 1603). Introducción, traducción y anotaciones de Francesca Iurlaro; eum, Macerata, 2020, 369 págs.; AA.VV.,
AA.VV., Alberico Gentili e lo jus post bellum. Prospettive tra diritto e storia. Atti del convegno della XVIII Giornata Gentiliana. San Ginesio, 21-22 settembre 2018. A cura di Luigi Lacchè e Vincenzo Lavenia; eum, Macerata, 2020, 177 págs.
Fecha de envío / Submission date: 18/04/2021
Fecha de aceptación / Acceptance date: 3/04/2021
This article analyses the disregarded notion of the ius legationis (right of legation), revisiting historical debates in diplomatic theory and law over who possesses or ought to have this right. By ...examining how the ius legationis manifested into a volitional or subjectional or natural right, we argue that this renders it not merely a legal issue, but a highly political and ethical question that is of direct relevance to contemporary international relations. In an era where inclusivity is rhetorically promoted at the United Nations, we suggest that a rekindled right to diplomacy (R2D) – conceiving diplomacy as a right that is claimed but also contested – can shed light onto inequalities of representation and the role international law can play in remedying asymmetries and ethicizing the practice of diplomacy. Beyond its primary normative contribution, we argue that the R2D can also provide an analytical framework to understand UN's efforts at institutionalizing diplomatic pluralism, its logics of inclusion and exclusion, as well as the struggles of diverse groups to obtain accreditation, consultative status, and negotiation ability within multilateral diplomacy.
Under Article 9 of the Vienna Convention on Diplomatic Relations, a receiving state may “at any time and without having to explain its decision” declare any member of a diplomatic staff persona non ...grata. A person so declared is considered unacceptable and is usually recalled to his or her home nation. If not recalled, the receiving state “may refuse to recognize the person concerned as a member of the mission.” However, despite the codification of the above rules, which is largely based on pre-existing customary international law, the opportunity for diplomatic protection is not free of issues and controversies. In recent times, unfortunately, there has been a growing tendency amongst diplomats to abuse their diplomatic status, in order to commit acts prohibited by law and claim immunity from the legal process. This paper addresses the problem of abuse of immunities and privileges and its adverse implications on the balance between immunities and the duty to respect the local laws and regulations. We analyze several past cases of declaration of persona non grata involving various countries.
This paper examines the legal status and historical context of the city of Jerusalem, specifically addressing the prohibition on establishment or maintenance of diplomatic missions within the Holy ...City. This will be undertaken firstly by exploring Security Council resolution 478 of August 1980, and secondly through a discussion of State practice and opinio juris. This paper was inspired by the recent developments regarding the conduct of the United States of America, the Republics of Guatemala and Paraguay in relocating their embassies from Tel Aviv to Jerusalem in May 2018. Unlike the Republic of Paraguay, which subsequently restituted its embassy to Tel Aviv in September 2018, the United States of America and the Republic of Guatemala have hitherto maintained their embassies in Jerusalem. This paper adopts a comparative approach by drawing on the particularities of Southern Rhodesia (Zimbabwe), South West Africa (Namibia) and Kuwait. It gradually examines the crux of the matter regarding the merits of the case initiated by Palestine against the United States of America in September 2018: namely the customary international diplomatic law underpinning the prohibition on establishing embassies in Jerusalem under the Vienna Convention on Diplomatic Relations. It further explores equally important issues relating to questions of jurisdiction of the International Court of Justice and admissibility of the application.
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