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Diplomatic Law in a New Millennium by Paul Behrens Pdf
"'Diplomatic Law in a New Millennium' provides a critical examination of the principal fields of contemporary diplomatic law including: diplomatic asylum, immunities, and diplomatic actors not sent by states. The text brings together serving and former diplomats as well as academic experts."--Résumé de l'éditeur.
Diplomatic Interference and the Law by Paul Behrens Pdf
Diplomatic interference carries considerable potential for disruption. In this context, diplomats have been accused of insulting behaviour, the funding of political parties, incitement to terrorism and even attempts to topple the host government. Reactions can be harsh: expulsions are common and, occasionally, diplomatic relations are severed altogether. But an evaluation under international law faces challenges. Often enough, charges of interference are made when legitimate interests are involved – for instance, when diplomats criticise the human rights record of their hosts. In such cases, diplomats may be able to invoke grounds which are recognised under international law. On the basis of more than 300 cases of alleged diplomatic interference and the practice of about 100 States and territories, Diplomatic Interference and the Law provides an examination of the main areas in which charges of meddling have arisen – such as lobbying activities, contacts with the opposition, propaganda, the use of threats and insults and the granting of asylum. It analyses situations in which the sovereignty of the receiving State meets competing interests and offers solutions which avoid a conflict of norms. It concludes with useful advice for foreign offices and diplomatic agents and underlines the most efficient ways of dealing with situations of alleged interference. ''A book that is here to stay! It is essential reading for diplomats, academics, journalists, students and everyone who has an interest in international law and justice. Based on rigorous research, Paul Behrens' book offers new and thoughtful perspectives on the Vienna Convention on Diplomatic Relations which we drafted in 1961. It demonstrates just how important it is to have a lawyer of his impartiality and integrity if we want to reach peaceful and lasting solutions in international relations. Diplomatic Interference and the Law has the makings of an instant classic, and I have no doubt that it will pave the way for the sorely needed reform of diplomatic law.'' Dr Nelson Iriñiz Casás, Vice President of the Committee of the Whole of the Vienna Conference on Diplomatic Relations in 1961; former Head of the diplomatic missions of Uruguay to Austria, Czechoslovakia, Hong Kong, Denmark and Sweden; author of Corrupción en la ONU. ''Dr Behrens's book rigorously analyses the legal doctrine of non-interference by diplomats in their hosts' internal affairs, and how it may conflict with legal obligations to combat, for example, denial of self-determination and breaches of human rights. Exhaustively researched and in accessible language, with copious, often entertaining examples, it will be an indispensable guide for diplomats. "Behrens on diplomatic interference" will be cited as the definitive authority on the matter for the foreseeable future. I recommend this book to diplomats, lawyers and the general reader: they will all read and refer to it with profit and immense pleasure.'' Sir Brian Barder KCMG, BA (Cantab.), is a former British ambassador to Ethiopia, Bénin and Poland and High Commissioner to Nigeria and Australia. ''Paul Behrens' book breaks new ground. It is the first study to focus on the vexed question of diplomatic 'meddling' in the domestic affairs of the receiving State. It has heightened topicality as many Western governments in their concern to promote human rights and democracy urge their diplomats to be active in their support of civil society, particularly in countries with authoritarian governments. This book is replete with case studies covering the 50 years since the signature of the Vienna Convention and provides an invaluable pathway through this legal minefield.'' Sir Ivor Roberts KCMG FCIL, President of Trinity College, Oxford; Former British Ambassador to Yugoslavia, Ireland and Italy
Diplomatic Law in a New Millennium by Paul Behrens Pdf
The granting of diplomatic asylum to Julian Assange, the dangers faced by diplomats in troublespots around the world, WikiLeaks and the publication of thousands of embassy cable - situations like these place diplomatic agents and diplomatic law at the very centre of contemporary debate on current affairs. Diplomatic Law in a New Millennium brings together 20 experts to provide insight into some of the most controversial and important matters which characterise modern diplomatic law. They include diplomatic asylum, the treatment (and rights) of domestic staff of diplomatic agents, the inviolability of correspondence, of the diplomatic bag and of the diplomatic mission, the immunity to be given to members of the diplomatic family, diplomatic duties (including the duty of non-interference), but also the rise of diplomatic actors which are not sent by States (including members of the EU diplomatic service). This book explores these matters in a critical, yet accessible manner, and is therefore an invaluable resource for practitioners, scholars and students with an interest in diplomatic relations. The authors of the book include some of the leading authorities on diplomatic law (including a delegate to the 1961 conference which codified modern diplomatic law) as well as serving and former members of the diplomatic corps.
Diplomatic Law in a New Millennium by Paul Behrens Pdf
Diplomatic Law in a New Millennium provides a critical examination of the principal fields of contemporary diplomatic law including: diplomatic asylum, immunities, and diplomatic actors not sent by states. The book brings together serving and former diplomats as well as academic experts
International Law in the 21st Century by Christopher C. Joyner Pdf
In the freshest new international law text in 20 years, Christopher C. Joyner offers a critical assessment of international legal rules in the early 21st century as they are applied by governments to the real world. Looking at concepts and principles, processes and critical problems, Joyner steers clear of an old-time case method approach, preferring to treat issues thematically. He shows the challenges of international law in terms of peace, security, human rights, the environment, and economic justice. Particular features of the book include engaging vignettes, clearly defined key terms, and special coverage of emerging topics including common spaces; international criminal law; rules, norms, and regimes; and trade relations and commercial exchange. Through it all, Joyner maintains an intent focus on the role of the individual in the evolving international legal order.
The United Nations and a New World Order for a New Millennium by Edward McWhinney Pdf
The errors - military, political, and not least diplomatic - in the continuing unfolding of the Yugoslav tragedy over the decade since the Fall of the Berlin Wall and the final ending of the Cold War, offer certain lessons. It had been confidently predicted that the complex, multi-national Yugoslav state created by the World War I victors at Versailles in 1919, and continued by the post-World War II peace settlements, would not long survive Marshal Tito's death. As it happened, when the moment of truth arrived the concert of Western European powers had no clear and coherent plans ready for a rational brokering of the resulting problems of State Succession, including renewed federal or confederal structures, and peaceful and orderly transfer and relocation of civil populations if fragmentation and independence were to be the immediate policy options. The rush to a 'premature' State Recognition by one or more leading Western European political players, without having any congress of Berlin-style game-plan ready to guide and direct this, may have triggered the on-rush of political and military events that led, in quick succession, to the Bosnian and then the Kosovo tragedies of the 1990s. The author, currently President of the "Institut de Droit" "International" and a jurisconsult and advisor, over the years, to international and national governmental authorities, examines consequences and challenges for International Law and Law-making, as we enter the new Millennium. Taking note of the antinomies and contradictions inherent in Classical International Law Categories like Territorial Integrity and the Self-determination of Peoples, the Non-Use-of-Force and Collective (regional)Self-Defence, the author considers, in particular, the direct conflict, in the case of both Bosnia and Kosovo, between the United Nations Charter principle of Non-Intervention and the claimed 'New' International Law principle of Humanitarian Intervention. The legally permissible modalities and structures and processes for exercise of Humanitarian Intervention, in accord with the United Nations Charter and also general International Law, are canvassed and weighed.
The International Criminal Court and the Transformation of International Law by Leila Nadya Sadat Pdf
Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.
Legal Convergence in the Enlarged Europe of the New Millennium by Paul L.C. Torremans Pdf
Three years ago the Faculty of Law and Administration of the University of Silesia and the Faculty of Law of the University of Leicester embarked on a joint research and academic co-operation programme with the support of the British Council in Warsaw. The programme resulted in the organisation of two academic conferences, one in Leicester and one in Katowice. This book is the tangible result of these conferences. The content of the book reflects the wide-ranging nature of the collaboration between the two Faculties. Environmental law, public international law, intellectual and cultural property law are the main areas that are covered, but certain issues of constitutional law, European law, social law, company law and legal education are also addressed. The main strength of this book is found in its breadth of coverage and the detailed examination of key issues such as the rights of minorities; the transboundary movement of waste in Europe and the environmental problems which it creates; the theft and illegal exportation of cultural property; and the convergence of the droit d'auteur and copyright traditions.
Cyber Espionage and International Law by Russell Buchan Pdf
The advent of cyberspace has led to a dramatic increase in state-sponsored political and economic espionage. This monograph argues that these practices represent a threat to the maintenance of international peace and security and assesses the extent to which international law regulates this conduct. The traditional view among international legal scholars is that, in the absence of direct and specific international law on the topic of espionage, cyber espionage constitutes an extra-legal activity that is unconstrained by international law. This monograph challenges that assumption and reveals that there are general principles of international law as well as specialised international legal regimes that indirectly regulate cyber espionage. In terms of general principles of international law, this monograph explores how the rules of territorial sovereignty, non-intervention and the non-use of force apply to cyber espionage. In relation to specialised regimes, this monograph investigates the role of diplomatic and consular law, international human rights law and the law of the World Trade Organization in addressing cyber espionage. This monograph also examines whether developments in customary international law have carved out espionage exceptions to those international legal rules that otherwise prohibit cyber espionage as well as considering whether the doctrines of self-defence and necessity can be invoked to justify cyber espionage. Notwithstanding the applicability of international law, this monograph concludes that policymakers should nevertheless devise an international law of espionage which, as lex specialis, contains rules that are specifically designed to confront the growing threat posed by cyber espionage.
International Law Immunities and Employment Claims by Pierfrancesco Rossi Pdf
This book provides the first comprehensive analysis of the international law regime of jurisdictional immunities in employment matters. Three main arguments lie at its heart. Firstly, this study challenges the widely held belief that international immunity law requires staff disputes to be subject to blanket or quasi-absolute immunity from jurisdiction. Secondly, it argues that it is possible to identify well-defined standards of limited immunity to be applied in the context of employment litigation against foreign states, international organizations and diplomatic and consular agents. Thirdly, it maintains that the interaction between the applicable immunity rules and international human rights law gives rise to a legal regime that can provide adequate protection to the rights of employees. A much-needed study into an under-researched field of international and employment law.
The United Nations and a New World Order for a New Millennium by Edward McWhinney Pdf
The errors - military, political, and not least diplomatic - in the continuing unfolding of the Yugoslav tragedy over the decade since the Fall of the Berlin Wall and the final ending of the Cold War, offer certain lessons. It had been confidently predicted that the complex, multi-national Yugoslav state created by the World War I victors at Versailles in 1919, and continued by the post-World War II peace settlements, would not long survive Marshal Tito's death. As it happened, when the moment of truth arrived the concert of Western European powers had no clear and coherent plans ready for a rational brokering of the resulting problems of State Succession, including renewed federal or confederal structures, and peaceful and orderly transfer and relocation of civil populations if fragmentation and independence were to be the immediate policy options. The rush to a 'premature' State Recognition by one or more leading Western European political players, without having any congress of Berlin-style game-plan ready to guide and direct this, may have triggered the on-rush of political and military events that led, in quick succession, to the Bosnian and then the Kosovo tragedies of the 1990s. The author, currently President of the Institut de Droit International and a jurisconsult and advisor, over the years, to international and national governmental authorities, examines consequences and challenges for International Law and Law-making, as we enter the new Millennium. Taking note of the antinomies and contradictions inherent in Classical International Law Categories like Territorial Integrity and the Self-determination of Peoples, the Non-Use-of-Force and Collective (regional) Self-Defence, the author considers, in particular, the direct conflict, in the case of both Bosnia and Kosovo, between the United Nations Charter principle of Non-Intervention and the claimed 'New' International Law principle of Humanitarian Intervention. The legally permissible modalities and structures and processes for exercise of Humanitarian Intervention, in accord with the United Nations Charter and also general International Law, are canvassed and weighed.
Canada and Africa in the New Millennium by David R. Black Pdf
Canada’s engagement with post-independence Africa presents a puzzle. Although Canada is recognized for its activism where Africa is concerned, critics have long noted the contradictions that underlie Canadian involvement. Focusing on the period following 2000, and by juxtaposing Jean Chrétien’s G8 activism with the Harper government’s retreat from continental engagement, David R. Black’s Canada and Africa in the New Millennium illustrates a history of consistent inconsistency in Canada’s relationship with Africa. Black combines three interpretive frames to account for this record: the tradition of “good international citizenship”; Canada’s role as a benign face of Western hegemonic interests in Africa; and Africa’s role as the basis for a longstanding narrative concerning Canada’s ethical mission in the world. To examine Africa’s place in Canada’s foreign policy—and Canada’s place in Africa—Black focuses on G8 diplomacy, foreign aid, security assistance through peace operations and training, and the increasingly controversial impact of Canadian extractive companies. Offering an integrated account of Canada’s role in sub-Saharan Africa, Black provides a way of understanding the nature and resilience of recent shifts in Canadian policy. He underscores how Africa—though marginal to Canadian interests as traditionally conceived—has served as an important marker of Canada’s international role.
Genocide at the Millennium by Samuel Totten,Marc I. Sherman Pdf
This fifth volume in the series "Genocide: A Critical Bibliographical Review" focuses on both the genocidal activity that has taken place over the past fourteen years and a critique of the international community's response to genocide and potential genocidal.
New Millennium, New Perspectives by Ramesh Chandra Thakur,Ramesh Thakur,Edward Newman Pdf
Analyzes a number of pressing international challenges relating to security and governance. The authors address a variety of questions, such as the impact of globalization, and find points of commonality in problem-solving ethos and methodology.
Reconstructing the International Institutional Order by Samantha Besson Pdf
States are no longer alone on the international scene. Other institutions intervene alongside States, and even sometimes in their place, such as international organizations, multinational corporations, non-governmental organizations, regions or global cities. Still, one would look in vain for clear indications in international law, including for the basic principles of an “international law of institutions” that could address the three fundamental questions of social and political organization that are representation, regulation and responsibility. What institutions may act in whose name internationally? What are the conditions for their actions to bind us legally and have the legitimacy to do so? And what institutions should be held responsible, by whom and how, in case of violation of international law? The time has come to reconstruct the international institutional order.
