New Articles on Diplomatic Asylum
| Author | : Comité Jurídico Interamericano |
| Publisher | : |
| Total Pages | : 1 |
| Release | : 1960 |
| Genre | : |
| ISBN | : |
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New Articles on Diplomatic Asylum
| Author | : Inter-American Juridical Committee |
| Publisher | : |
| Total Pages | : 30 |
| Release | : 1960 |
| Genre | : Asylum, Right of |
| ISBN | : |
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Diplomatic Asylum
| Author | : Laura Hughes-Gerber |
| Publisher | : Springer Nature |
| Total Pages | : 230 |
| Release | : 2021-05-12 |
| Genre | : Law |
| ISBN | : 3030730468 |
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Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law. In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations. In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomatic law with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum. This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.
Diplomatic Asylum
| Author | : Carroll Neale Ronning |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 245 |
| Release | : 2012-12-06 |
| Genre | : Political Science |
| ISBN | : 9401190321 |
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The legal status of the institution of diplomatic asylum really presents two separate questions. (I) Is there evidence that states have regarded the practice of granting such asylum to political refugees as sanctioned by a rule of international law? (2) Assuming this to be the case, does the available evidence make it possible to define a "political refugee" and to determine which party to a dispute has the right to decide upon this question? While in many cases the two questions are not dearly separated in the discussions between the parties involved, they will be treated separately in the following pages. Part one will attempt to answer this question: Assuming the political nature of an offence can be establish ed, is there evidence that states have regarded the practice of granting diplomatic asylum as sanctioned by a rule of international law? Obviously, the two questions cannot be separated entirely but it seems advisable to try to isolate them as much as possible. CHAPTER I NATURE AND SCOPE OF THE PROBLEM The term "asylum" is used to identify such a variety of phenomena that the following distinctions must be made before the problem can be properly discussed I. Between diplomatic and territorial asylum. The importance of this distinction was pointed out by the International Court of Justice in the Colombian-Peruvian Asylum Case,l often referred to as the Haya de la Torre Case.
The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol 2e
| Author | : Andreas Zimmermann |
| Publisher | : Oxford University Press |
| Total Pages | : 2033 |
| Release | : 2024-04-04 |
| Genre | : |
| ISBN | : 0192855115 |
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The 1951 Refugee Convention and its 1967 Protocol are the cornerstones of international refugee law. This Commentary provides a systematic, article-by-article analysis of their provisions in addition to crosscutting thematic chapters. The Commentary is an indispensable tool for lawyers, decision-makers, and academics.
Diplomatic asylum
| Author | : |
| Publisher | : |
| Total Pages | : 242 |
| Release | : 1965 |
| Genre | : |
| ISBN | : |
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Diplomatic Instruments
| Author | : |
| Publisher | : |
| Total Pages | : 44 |
| Release | : 1957 |
| Genre | : Asylum, Right of |
| ISBN | : |
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Diplomatic Law
| Author | : Eileen Denza |
| Publisher | : Oxford University Press |
| Total Pages | : 472 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0198703961 |
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The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.
Asylum and International Law
| Author | : S.Prakash Sinha |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 368 |
| Release | : 2013-12-01 |
| Genre | : Law |
| ISBN | : 9401188564 |
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The Routledge Handbook on Extraterritorial Human Rights Obligations
| Author | : Mark Gibney |
| Publisher | : Routledge |
| Total Pages | : 500 |
| Release | : 2021-12-24 |
| Genre | : Political Science |
| ISBN | : 1000466132 |
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The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
