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The history of the Law of the Sea highlights the constant and permanent tension between maritime and coastal States, between the principle of freedom of the seas and the claim to extend the scope of State sovereignty to it.
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The “tension” between sovereignty and human rights is visible in international migration. Border protection sometimes goes against the protection of migrants’ rights. In this context, States’ rights and human rights seem sometimes in opposition.
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The United Nations Organization and the European Union have indentified mediation as an important mean for peaceful settlement of disputes and conflicts, and it has proven to be an effective instrument to address both inter-State and intra-State conflicts. Consecuently, they have initiated the steps to strengthen international mediation: in the United Nations with some Reports of the Secretary-General and with Resolutions adopted by the General Assembly, and in the European Union with the adoption of the Concept on strengthening EU mediation and dialogue capacities.
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International immunity rules have first developed through domestic jurisprudence. Domestic court decisions are therewith the primary source of state practice to which regard must be had when establishing the scope of a particular immunity rule under customary international law. The law of diplomatic and consular immunity is codified in the 1961 Vienna Convention on Diplomatic Relations (VCDR) and the 1963 Vienna Convention on Consular Relations (VCCR) , and the law of State immunity in the 1972 European Convention on State Immunity and the still to enter into force 2004 UN Convention on the Jurisdictional Immunities of States and their Property. Immunity rules are generally considered the example par excellence of domestic courts playing a central role in the application and development of international law. In Jurisdictional Immunities of the State (Germany v Italy: Greece intervening), the International Court of Justice (ICJ) emphasised that a survey of domestic court practice was indispensable for the identification of the scope of the rule of state immunity.
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When the treaty is signed by the negotiators, its text leaves the sphere of the draft, and enters the category of the authentic documents, becomes official and therefore changes cannot be taken into account. We should specify that the negotiation is not always followed by the final signing. Sometimes treaties pass through an intermediary step, of signature ad referendum. Often, the final signature of the state is equal to the consent to become a part to the treaty. These treaties, sometimes called agreements in simplified form, have practical advantages and are more and more widespread. They have as a source of inspiration the constitutional practice of the USA that stipulates that the president of the state can sign executive agreements, unlike treaties which require in compliance with art. 2 para. 2 in the US Constitution the agreement of two-thirds of the numbers of senators.
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Many conflicts based on the ethnic criteria have taken place during the modern and contemporary history. In order to solve its, has been necessary to be implied either states or international organizations, which have acted grounded on the fundamental principles of public international law or agreements. Such of interventions have been done in certain situation by unlawful acts, in the international law understanding. If regarding to the states there are clear international regulations and already a strengthened practice in the international responsibility, not the same thing can be said regarding to the international organizations. Therefore, this study proposed itself to bring some clarification concerning the new institution of the international organization responsibility in the international law.
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Nowadays, the law has become a simple ensemble of rules, losing more and more its prestige and shine, and this process of decay are accelerated by the poor quality of its drafting. The lack of clarity of the law represents the main obstacle in insuring its accessibility because it is not enough that the law to be published in an official journal, but the accessibility involves the intelligibility which assumes that the law must be clear enough so that its recipients shall understand it. In this context, the present paper offers some solutions to increase the intelligibility of the law, for instance, by the intensification of the activity of the Legislative Council and by the official recognition of the profession of lawyer – editor of laws.
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Though the concept of ”national security” has become one of most the most invoked terms in recent Romanian public discourse, there is yet to be achieved little consensus on its complexity of meaning or field of application. Law no 51/1991 on national security is obsolete and in spite of various initiatives aimed at replacing it with a more modern version in touch with the spirit of the age and Romania’s European and international security commitments little progress has been achieved. Since 1991 the national security legal framework has been enriched with other pieces of legislature, giving rise to a complex and chaotic patchwork of measures where even experts find themselves lost.Furthermore, though boasting with having a National Security and a National Defence Strategy, Romania has encountered significant problems both in elaborating such strategic documents and moreover in getting them validated by the Parliament. The lack of a strategy, acknowledged and accepted by all political actors has been an obstacle in the execution of much needed reforms in the national security sector.The goal of this paper is to explore the problems posed by having such an obsolete legal framework regulating the field of national security, while on the other hand trying to study the reasons why Romania needs to devise and adopt a new National Security Strategy.
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The dynamics of national realities to the global society in the framework of the next decades of XXI century which is based on sustainable development with the center of gravity on the human condition imposes a general reconsideration of all policies, mechanisms and tools which are destined for ensuring the modern security state. Therefore, no legal aspects of security escape of necessary corrections, highlighting sometimes even an imperative manifestation.
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The field of intelligence studies, though new in comparison to other academic disciplines has received considerable scholarly attention in the last years, mostly as a consequence of the burgeoning public awareness on the role intelligence plays in preventing or failing to prevent security threats.Nevertheless, when analysing the evolution of intelligence organizations, their successes and failures one key question remains unanswered: what role should intelligence play inside a democratic country? The obvious and most frequently presented answer is “ to prevent and counter threats to national security”. Though at first glance, the answer might be straight forth, an in-depth investigation reveals that there is very little consensus on the matter.Therefore, the aim of this study is to explore some of the foundations of democracy and intelligence, in order to shed some light on this difficult but symbiotic relationship. Using a multidisciplinary approach, combining political science and law, this paper will try to improve the understanding of the role of intelligence, both as it was designed originally, but also the mutations it has suffered with the advent of democracy.
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Despite the benefits of the Information Society, the security environment nowadays is threatened by the lack of stability and the appeal to use of force in international relations, both through traditional and unconventional mechanisms. This analytical approach highlights the main features of the new international environment, in order to identify the new threats and challenges that justify the extension of the traditional concept of security. The conventional military element has changed in the relationships between states, in terms of attack capabilities, including of cyber nature.This paper deals with the importance of the cyber dimension of national and international security and presents cyber security in terms of military reasons to use force, as part of the military security sector, with interference in the economic, societal, political and environmental security sectors.
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La piraterie maritime est l’un des plus anciens crimes internationaux et un problème persistant dans le XXIe siècle. Elle représente une menace croissante pour la sécurité maritime internationale. La différence avec le passé est que maintenant ce crime se produit non seulement sous sa forme traditionnelle: des actes illégaux de violence commis à des fins privées sur un bateau en haute mer; mais aussi comme des actes de violence, de détention ou de déprédation dans les eaux territoriales et / ou pour des raisons politiques. Ces nouvelles réalités viennent entraver la prévention et la répression de la piraterie maritime et exigent réviser la typification de ce délit international et extraire toute la potentialité des normes du Droit de la mer
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Deep-sea fisheries in areas beyond national jurisdiction are one of the issues less regulated by the current international law of the sea. The provisions of the United Nations Convention on the Law of the Sea apply generally in this field, together with a multitude of global, regional and bilateral treaties as well as legally binding acts from various global and regional international organisations, being of particular relevance regional fisheries management organizations or arrangements. The most part of the international texts on deep-sea fisheries in areas beyond national jurisdiction are soft law and their possible legal effects are inexistent. There is therefore a gap in the legal regime as it will be seen in this paper.
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Particularly large opportunities it currently provides parliamentary diplomacy in international parliamentary organizations. If regarding bilateral contacts and groups of friendship parliamentary dealing in special relations with certain countries exert a positive influence on the overall political relations, facilitating mutual understanding, building bridges between peoples diplomacy in organizations parliamentary nature institutionalized has extra element of permanence. Regular meetings of international bodies is a welcome opportunity for knowledge and debate among the parliamentarians of different orientations, belonging to different states in scope, type of culture, national identity, traditions, religion, economic and political interests etc. The success of parliamentary diplomacy is determined, in large part, by the presence of parliamentary delegations personalities of the highest value, acting with more responsibility and patriotism, along with diplomats officials to resolve some major problems of the countries they represent. In this way, parliamentary diplomacy offers elements allowing the democratization of political-diplomatic process, while maintaining its special status in the diplomatic efforts to resolve the tense situations. All these made lately to resort increasingly to specific instruments available to parliamentary diplomacy. In addition, lawmakers who held diplomatic missions often achieved remarkable results, particularly promoting relations with the Romanian Parliament and regional parliamentary bodies worldwide and getting a favorable status as within them.
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In the current geopolitical context and given the conditions of a Europe facing centrifugal directions from several nationalist currents of opinion and entities with self-determination needs or wishing to be autonomous based on various criteria (ethnical, religious, etc.) and who start questioning the European construction and state borders, the author considers that it is of interest to provide a short analysis of two concepts, which at their first interpretation may seem contradictory – the self-determination and the inviolability of borders.This study deals with the two concepts, self-determination and inviolability of borders, in the view of international documents.
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A phenomenon that has existed from the oldest of times, migration constituted one of the methods humankind ensured itself a decent standard of living, a method of benefiting from security, a way to explore new territories and a method of professional training. The events produced at the level of the international society have led to an amplification of the international migration phenomenon, which led to the assertion in the specialized literature of the international law of migration. A branch of international public law, international law on migration is mainly based on rules on the protection of human rights and fundamental freedoms. The evolution of the phenomenon of international migration is a challenge for the international community to balance the interests in the field of security and migration controlled with human rights and migrant rights interests.
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The apparition of new entities on the international scene oftentimes makes us face the methods through which the changes were possible from a legal standpoint. The events in Kosovo, besides the alignment of the great powers for the purpose of bringing the armed conflict to an end, was such that it also placed them on opposite sides when it came to defining and supporting certain points of view referring to sensitive terms. Thus, when there were discussions about sovereignty, a fundamental concept of international law, a political and legal concept for that matter, opinions were divided; a question arose: how far can this sovereignty go? Some hoisted the flag of an intangible sovereignty, an impossible thing. Is it possible to have a humanitarian intervention, beyond sovereignty, without violating the provisions of the Charter? The answer to this question became the object of the argument pertaining to the opposition. In the present case, the situation is much more complex, there also being divided opinions about the legal methods through which the national minorities were seen as subjects of external self-determination. Not even now is the Kosovo dispute clear, as well as the situations in the former Soviet territory, especially in Abkhazia and South Ossetia, the unilateral declaration and the recognition of independence being again expressions of disagreement at an international level. We consider that the practice of international law needs uniformization, in what concerns sensitive matters that lead to territorial modifications.
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The (EU) Council Regulation no. 1259/2010 of 20 December 2010 [1] establishes a necessary legal framework for regulating the law applicable to divorce and legal separation in the Member States participating in this enhanced form of cooperation. The normative act offers the spouses the freedom to choose the law applicable to divorce and legal separation, from the laws expressly provided by the regulation. In the absence of spouses expressed will, the Regulation establishes a series of connecting factors in a hierarchical subsidiarity relation, in order to designate as the law applicable to divorce or legal separation, the law closest to marriage. The adoption of the Regulation is an important step in harmonizing the conflict-of-laws rules of the European law in the field of family relations and aims to establish a clear and comprehensive legal framework applicable to divorce and legal separation in the participating Member States.
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A traditional notion of the private international law, renvoi has currently reached a turning point, without finding, however, a definite direction to follow. Although theoretical arguments are in favor of maintaining it, as a tool for coordinating legal systems liable to apply to a cross-border legal relationship, practical reasoning is against it: renvoi may delay the judgment of a case, increasing the number of prior approaches before establishing the governing law and, moreover, may lead to uncertainty in this regard. Given these circumstances, this study aims at investigating the current status of regulation of renvoi in the European Union law, in an attempt to identify its future direction of development.
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Our our scientific approach covers the legal european and interntional framework that grant to the person the protection of the right to private life underlining its evolution over time, also noticing regulatory differences and the vision of the legislator in accordance with the evolution of society. Obviously, in the same time with the progress of the society, the interest in order to protect the right to private life has grown and the ways to look at this issue have changed radically.
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