Diplomatic Asylum

Author : Laura Hughes-Gerber
Publisher : Springer Nature
ISBN 13 : 3030730468
Total Pages : 230 pages
Book Rating : 4.68/5 ( download)

DOWNLOAD NOW!

Download or read book Diplomatic Asylum written by Laura Hughes-Gerber and published by Springer Nature. This book was released on 2021-05-12 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Carroll Neale Ronning
Publisher : Springer Science & Business Media
ISBN 13 : 9401190321
Total Pages : 245 pages
Book Rating : 4.29/5 ( download)

DOWNLOAD NOW!

Download or read book Diplomatic Asylum written by Carroll Neale Ronning and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author :
Publisher :
ISBN 13 :
Total Pages : 242 pages
Book Rating : 4.03/5 ( download)

DOWNLOAD NOW!

Download or read book Diplomatic asylum written by and published by . This book was released on 1965 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : S.Prakash Sinha
Publisher : Springer Science & Business Media
ISBN 13 : 9401188564
Total Pages : 368 pages
Book Rating : 4.62/5 ( download)

DOWNLOAD NOW!

Download or read book Asylum and International Law written by S.Prakash Sinha and published by Springer Science & Business Media. This book was released on 2013-12-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : John Bassett Moore
Publisher :
ISBN 13 :
Total Pages : 106 pages
Book Rating : 4.93/5 ( download)

DOWNLOAD NOW!

Download or read book Asylum in Legations and Consulates and in Vessels written by John Bassett Moore and published by . This book was released on 1892 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Guy S. Goodwin-Gill
Publisher : Oxford University Press
ISBN 13 : 0199281300
Total Pages : 847 pages
Book Rating : 4.05/5 ( download)

DOWNLOAD NOW!

Download or read book The Refugee in International Law written by Guy S. Goodwin-Gill and published by Oxford University Press. This book was released on 2007 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis.

Author : Paul Behrens
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902783
Total Pages : 491 pages
Book Rating : 4.81/5 ( download)

DOWNLOAD NOW!

Download or read book Diplomatic Interference and the Law written by Paul Behrens and published by Bloomsbury Publishing. This book was released on 2016-05-05 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Maarten Den Heijer
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319076
Total Pages : 214 pages
Book Rating : 4.74/5 ( download)

DOWNLOAD NOW!

Download or read book Europe and Extraterritorial Asylum written by Maarten Den Heijer and published by Bloomsbury Publishing. This book was released on 2012-03-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, European and other Western states have sought to control the movement of refugees outside their borders. To do this, states have adopted a variety of measures - including carrier sanctions, interception of migrants at sea, posting of immigration officers in foreign countries and external processing of asylum-seekers. This book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. The book explores how refugee and human rights law has responded to the new measures adopted by states, and how states have sought cooperation with other actors in the context of migration control. The book defends the thesis that when European states attempt to control the movement of migrants outside their territories, they remain responsible under international law for protecting the rights of refugees as well as their general human rights. It also identifies how EU law governs and constrains the various types of pre-border migration enforcement employed by EU Member States, and examines how unfolding practices of external migration control conform with international law. This is a work which will be essential reading for scholars and practitioners of asylum and refugee law throughout Europe and the wider world. The book received 'The Max van der Stoel Human Rights Award 2011' (first prize category dissertations); and the 'Erasmianum Study Prize 2011'.

Author : Carlos Urrutia Aparicio
Publisher :
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.04/5 ( download)

DOWNLOAD NOW!

Download or read book Diplomatic Asylum in Latin America written by Carlos Urrutia Aparicio and published by . This book was released on 1960 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mark Gibney
Publisher : Routledge
ISBN 13 : 1000466132
Total Pages : 500 pages
Book Rating : 4.33/5 ( download)

DOWNLOAD NOW!

Download or read book The Routledge Handbook on Extraterritorial Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2021-12-24 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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