Consular Relations Research Articles

Tanggungjawab Negara Arab Saudi Dalam Pelanggaran Terhadap Hukum Diplomatik

Introduction: Countries in the world that live side by side must establish cooperative relations with one another. Relations between these countries require various rules so as to give birth to diplomatic and consular provisions, namely in the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. However, it is undeniable that even though it has been regulated in such a way, violations of the provisions of international law cannot be avoided because they are closely related to human relations. For example, the violations committed by Saudi Arabia.Purposes of the Research: This writing aims to find out the violations of Diplomatic Law committed and the form of accountability that must be fulfilled by Saudi ArabiaMethods of the Research: Using Normative Legal Research Type. This type of research will be carried out by examining and analyzing primary and secondary legal sources that are related to the problem being studied using a statute approach, a case approach, and a conceptual approach.Results of the Research: Based on this research, it can be concluded that Saudi Arabia has been proven to have violated diplomatic law by violating various principles that regulate the course of relations between countries and the provisions of the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. Thus, based on the provisions of the Responsibility of States for Internationally Wrongful Acts, Saudi Arabia can be held responsible for its mistakes in the form of giving restitution, compensation, or actions that cause satisfaction, for example, a formal apology

Critical Analysis of International Dispute Resolution System in the Light of Kulbhushan Jadhav Case Study

In this research paper, researcher is attempting to conduct a critical analysis of the judgment pronounced by International Court of Justice in the matter of Kulbhushan Jadhav case between India and Pakistan. The case has been a landmark instance for the whole international dispute resolution mechanism persisting in current global situation. The instance has a unique significance for scholars as the disguised drawbacks of international law have been brought to light yet again. In India v. Pakistan1 (Official name of Kulbhushan Jadhav case), the International Court of Justice [ICJ] found that Pakistan had violated its obligations under Article 36 of the Vienna Convention on Consular Relations. Therefore, Pakistan must continue to subject Jadav's conviction and sentencing to effective review (ERR) using methods of its own choosing. In this paper, researcher intends to analyse the same issue in detail while analysing the Kulbhushan Jadhav case and its aftermaths. India and Pakistan have been against each other since 1947 and this issue has unfortunately been one among them where the life of an individual has been at stake and stuck between the tussle of the geo-politics between the countries.

The Question of Diplomatic Immunity and Privileges in International Law: The D.S.P Alamieyeseigh Experience

The complex nature of the international system prompted states to adopt treaties, laws and conventions to facilitates peaceful international relations and mutual co-existence hence, this paper examined the relevance of these treaties, laws, rules and conventions especially as it relates to diplomatic immunity and who is qualified to enjoy such diplomatic immunity in contemporary international law. The study observed that elected state governors in Nigeria are entitled to diplomatic immunity as reflected in section 308 of the constitution of the federal republic of Nigeria 1999 as amended. Further findings also revealed that the arrest, detention and trial of D.S.P. Alamieyeseigha in London by the British government violated the provisions of the 1961 Vienna Convention on Diplomatic Relations, 1963 Vienna Convention on Consular Relations and the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including diplomatic agents. Data for the study were drawn from secondary sources while analysis was done descriptively through the qualitative method. In other to strengthen international law and regulate the actions of states and leaders at the global level, state legislatures, national parliaments and agencies of government including the judiciary should be empowered to moderate and check the actions of state governors, president's and other category of political leaders. This will ensure that personal actions and acts are not misrepresented as acts of state/government at all levels.

The Impact of the War on the Economic and Legal Environment of the Regions in terms of Ensuring National Security

The main objective of the article was to study the impact of the war on the economic and legal environment of the Ukrainian regions in terms of ensuring national security. The research methodology involves the use of modern methods of graphical modeling. The scope of study was the system of economic and legal relations that emerged in the course of hostilities. With the outbreak of hostilities, there are certain legal consequences for the belligerents: diplomatic and consular relations are terminated; economic, commercial, monetary and other business and agreements with legal and natural persons of Russia are terminated and prohibited, as a special regime can be applied to citizens of a hostile state; the declaration of a state of war leads to a change in the legal regime of the territories. However, most armed conflicts are not accompanied by a legal declaration of a state of war, which, nevertheless, introduces significant changes in the legal relations of the parties. Accordingly, the key aspects of the impact of war on the economic and legal environment in terms of security guarantees were characterized.

Foreign Consulates in Odesa (1920s – 1930s)

The purpose of the research paper is to highlight the history of repatriation missions and consular institutions of Poland, Albania, Germany, Italy, Turkey, Japan and Spain in Odesa during 1922-1938, analysis of the main areas of activity within the consular district and the consular staff’s characteristics.
 The scientific novelty. The general picture of the foreign diplomatic presence in Odesa, represented by the repatriation missions of Turkey, Albania and Poland, as well as five consulates, has been reconstructed. Their personnel composition and key areas of activity are shown.
 Conclusions. With the creation of Soviet Ukraine, Odesa continued to remain a strategically important city for both European and Asian countries, which, having restored diplomatic and consular relations with the USSR, opened their consulates here. During the 1920s and 1930s, the repatriation missions of Poland, Albania, and Turkey operated in the city first (during 1922-1925), and later the consular offices of three European countries – Germany, Italy, Spain, and two Asian countries – Turkey and Japan. The foreign consular institutions’ diplomatic staff consisted exclusively of representatives of the countries they represented and were career diplomats. In turn, among the representatives of the administrative and technical staff were citizens of these countries and Soviet Ukraine, and the service staff consisted with local residents.
 Since its establishment, foreign consular representatives have contributed to the development of trade, economic, cultural and scientific relations of their countries with the UkrSSR. Important spheres of consulates’ activity were protection of the citizens’ interests of their countries, organization of material assistance for them and promotion of their departure to their homeland. In the process of gathering information about the socio-political situation in the USSR, the consuls recorded the unfolding of the Holodomor, pointing out its culprits, noted the negative consequences of collectivization and industrialization, etc.
 But, despite the constantly emphasized friendship in relations between the USSR and the countries listed above, their consulates and employees found themselves under the Soviet special services close supervision, which considered any consulates representatives’ actions as espionage. In order to be fully effective, the special services recruited representatives from both consulate employees and persons who were in contact with the consul. And after the consulates were closed, they began the process of “cleaning” them. In 1937-1938, the USSR’s relations with Italy, Germany, Turkey, Japan, and Spain became strained, which led to the closure of the consular network in Odesa.

A technológiai változások hatása a diplomáciai és konzuli jogra

Digital diplomacy? E-diplomacy? Cyber diplomacy? Same concepts, right? For a person who is not familiar with international law, these terms may sound deceptively similar, but by the time the article reaches the end, the dear Reader will be aware of the meaning of these terms. Technological changes have not spared the second most ancient craft, diplomacy. In my thesis, I examine how digital changes appear on the diplomatic stage. that is why I am dividing the article into two larger parts. In the first chapter, I examine the effects of technology on diplomacy. In doing so, I will touch on the three concepts already mentioned above, and I will also try to touch on the individual diplomatic developments taking into account the case law. In the second part, I present the latest technological challenges affecting consular relations, focusing on the presentation of the Consular Service and the digitalization of consular relations. When presenting the above, I mainly use descriptive and comparative methods.

Diplomatic and Consular Relations: A Study in its Origin and Development

In light of the developments that took place in the international system after the two world wars and after the establishment of the United Nations, societies realized that traditional diplomacy was not compatible with the developments in the international system and the changes that have become evident in international relations and the drawing of new features of the international system in light of the new world order. Especially the transformation that took place in the bipolar system to the unilateral system, so the modernization of diplomatic tools and mechanisms has become a fait accompli to deal and deal with issues that occur in international relations between countries, so the development included both diplomatic and consular relations.

Execution of Court Orders by Diplomatic and Consular Institutions of Ukraine: Legislative and Practical Review

The adoption of the Law of Ukraine “On Civil Service”1 in December 2015 began a new round for the introduction of its scope in relation to officials of the diplomatic service. This, of course, was reflected in the Law of Ukraine “On the Diplomatic Service”2, which entered into force in December 2018. Thus, according to clause 4 of Part 1 of Art. 2 of the Law of Ukraine “On the Diplomatic Service”, a diplomatic employee is a citizen of Ukraine holding a diplomatic position in the body of the diplomatic service, who receives a salary at the expense of the state budget and exercises the powers established for this position, directly related to the performance of diplomatic or consular functions, and also observes the principles of the diplomatic service. Therefore, the above definition allows us to state that a diplomatic employee belongs to the civil servant category and therefore all requirements for performing public service apply to him. At the same time, in the same Art. 1 of the Law of Ukraine “On the Diplomatic Service”, it is noted that the diplomatic service is a public service of a special nature, which consists of the professional activities of officials of the diplomatic service related to the implementation of the foreign policy of Ukraine, the protection of the national interests of Ukraine in the field of international relations, as well as protecting the rights and interests of citizens and legal entities of Ukraine outside its borders. Art. 11 of the said Law of Ukraine also provides that officials of the diplomatic service perform the duties specified for civil servants by the Law of Ukraine “On Public Service”, taking into account the specifics established by this Law. Among the main functions of the diplomatic service is the maintenance of diplomatic and consular relations with foreign states, and the implementation in Ukraine and abroad of consular functions provided for by the current international treaties of Ukraine, the consent to be bound by which is provided by the Verkhovna Rada of Ukraine, and other legislative acts of Ukraine (paragraphs 3, 19 of Part 1, Art. 7 of the Law of Ukraine “On the Diplomatic Service”). Officials of a diplomatic mission and a consular institution may execute such a procedural document as a letter of request to hand over documents to a citizen of Ukraine residing in a foreign state, as well as a letter of request to obtain evidence. They execute such a court order in accordance with the procedural legislation of Ukraine and international legal acts. Keywords: diplomatic mission, consular office, court order to serve documents, court order to obtain evidence, execution of a court order

International agreements in the system of sources of legal regulation consular activities

Consular offices and their employees in the performance of consular functions are guided by the legislation of Ukraine, the legislation of the host country, international treaties of Ukraine and international customs, which are a system of sources of legal regulation of consular activities. International multilateral and bilateral treaties play an important role in the regulation of consular activities, as they form the basis of consular law as a branch of public international law.
 Modern consular law is a convention law. Its important sources include the Caracas Convention on Consular Functions of 1911, the Havana Convention on Consular Officials of 1928, the European Convention on Consular Functions of 1967, and the Vienna Convention on Consular Relations of April 24, 1963, which entered into force on March 18, 1967. and has a universal character, as well as bilateral consular conventions (and other types of agreements in this area).
 Based on the analysis of the practice of concluding international agreements in the field of consular activities in Ukraine, the article identifies the types of such agreements and the standard structure and content of the consular convention.
 It is concluded that international treaties are an important international legal instrument in the field of initiating and implementing consular relations between states, play a systemic role in the system of sources of legal regulation of consular activities. Based on international customs, they, in turn, determine the content of national legislation of Ukraine and host countries in the field of consular relations.
 The concluded international bilateral agreements of Ukraine need to be streamlined and systematized. A systematic and unified approach also requires further conclusion of such agreements with countries with which consular relations have not yet been established (not regulated).

Legal problems of functioning of the institute of honorary consul in Ukraine

Problem setting. The Institute of Honorary Consul is intended to carry out its activities in order to expand the relations between States in a variety of spheres, as well as to establish, strengthen and maintain ties in the cultural, economic, political spheres. In view of this, we consider the Institute of Honorable Consul an important link in shaping relations between states, because in the process of globalization, this institute becomes more and more popular. However, we cannot but note the existing number of problems associated with the abuse of the Institute of Honorary Consulations and Immunities, therefore this topic needs further research and definition of ways to avoid such violations by representatives of the Institute of Honorary Consulations in Ukraine. Analysis of recent researches and publications. Problems of consular law Explore a number of scientists whose work is the information foundation of this work. In particular, this works Matyash I.B., Sandrovsky K.K., Blushchenko I.P., Krivachikova Y.S., Gumenyuk B.I., Polonyuk N.V., Timchenko L.D. and other. Target of research is to analyze the legal status of the Honorary Consul, to determine the privileges and immunities of the Honorary Consul, to note the volume of privileges and immunities that abuse honorary consuls and provide recommendations to avoid such violations. Article’s main body. This article exposes legal frameworks of functioning of institute of the honoured consul in Ukraine. A historical division into periods of becoming of institute of the honoured consulate is in-process remembered in Ukraine from the moment of founding the Hetman state. Determination of concept is in-process given the honoured consular public servant(honoured consul) according to Viennese Convention “About the consular relations” of 1963 and Order of foreign of Ukraine Ministry “About claim of Statute about the honoured(nonpermanent) consular public servants of the foreign states in Ukraine and consular establishments that is headed such public servants”. Authors light up the process of engaging in the candidate of position of the honoured consul of the foreign state in Ukraine, that includes: idea of query about a consent to setting in Ukraine of the honoured consul of the foreign state, grant of certificate about his person to Ministry of external matters of Ukraine(farther MFA of Ukraine), report of MFA of Ukraine of the accreditor state about made decision by the message of verbal note, delivery of patent the accreditor state about assigning for position, acceptance of patent of MFA of Ukraine, confession of legal status, receipt of exequatur and certification for confirmation of status of the honoured consul. In the article certain requirements are to the candidate on employment of position of the honoured consul in Ukraine, and also his privilege and імунітети, to that belong: right on establishment of free diplomatic зносин; right freely to move and travel for territories of Ukraine; inviolability of consular archive of the honoured consulate is at terms certain Order of MFA of 2007; In the article marked, that privileges and імунітети it it is been the subject of international relations by considerably narrower, than public servants of consulate : they do not have immunity from an arrest and subpoenaing, however to the honoured consul must belong with corresponding respect. By authors the row of legal problems of functioning of institute of the honoured consulate was certain at Ukraine, to that it was taken: abuse of privileges and імунітетами in part of right on carrying on commercial activity next to consular, that it can be used for the receipt of illegal benefit; inviolability of apartments – gives an opportunity to grow into a shield from searches for all building; to practise upon a right on the use of car with diplomatic numbers; to use diplomatic mail and consular suitcase not on purpose Conclusions and prospects for the development. As a result of a significant distribution of the institute of honorary consuls and despite limited, but rather significant privileges and immunities, honorary consuls may successfully implement their business interests. Examples of possible illegal use of the benefits provided in accordance with the legislation are given above. Therefore, in our opinion, in our opinion, it is expedient to exercise control over the movement of these persons and their activities from the BOW of the rights and accomplishments through the use of modern technical methods – the use of GPRS navigation, etc. And in order to facilitate the load on law enforcement agencies to create a Council of Honorary Consulations under the Ministry of Foreign Affairs of Ukraine. And more clearly regulate the legal status of honorary consuls, since recently the tendency to expand the circle of their functional duties and powers. In particular, to provide a separation of business from consular activities to minimize cases of abuse of certificates by its privileges and immunity.

Litwa Środkowa jako państwo marionetkowe z perspektywy prawa międzynarodowego

The article concerns the legal status of Central Lithuania as a so-called puppet state from the point of view of international law. The very concept of a puppet state is based upon the apparent fulfilment of the Montevideo criteria — which boils down to the lack of effectiveness. The reasons for establishing such an entity are varied, but they are all politically biased. The points of reference are primarily Bantustans and Manchukuo — they are key instances of puppet states discussed in legal literature. In the case of Poland, the establishment of Central Lithuania was an imminent effect of the Polish-Soviet War. On the one hand, the goal of setting up the Central Lithuania as a puppet state was undoing the effects of the war with totalitarian Soviet Russia using the fait accompli method. On the other hand, it was about the legitimacy of territorial change which occurred as a result of a territorial referendum on the future of the Vilnius region. The key issue related to establishing puppet states is a need to refer to a very formal approach to international law. However, such an approach is not widely supported by legal writings on international law. As the result a puppet state has to face the allegation of being contrafactual since the very moment of its emergence. That means that a territorial change done by establishing a puppet state cannot be eventually legitimized. One of the criteria mentioned in the Montevideo Convention is a “capacity to enter into relations with the other states”. Notwithstanding, it is a precondition or an effect of statehood that capacity reflects the attitude of the international community to the “newly emerged state”. If can clearly be seen in the cases of Bantustans and Manchukuo. So, e.g., Manchukuo maintained consular relations with a few states, including Poland. However, Central Lithuania did not maintain international relations, but it was not relevant in this very case. That is because Central Lithuania existed for a year and a half. In addition, it took place shortly after the end of the First World War and the Polish-Soviet War, and during an ongoing armed conflict between Poland and Lithuania. The illusion of statehood of Central Lithuania was manifested by the establishment of Department of Foreign Affairs, which was not in the position to represent Central Lithuania in the realm of international relations. Most of all, Central Lithuania did not participate in Polish-Lithuanian negotiations — that entity was an object here. Above all, these negotiations concerned the future status of Central Lithuania. The fact that relations with Central Lithuania were within the competencies of the Polish Ministry of Foreign Affairs is the only argument in favour of acknowledging Central Lithuania as a foreign state in relation to Poland. There was a delegate of Poland at the Provisional Governing Commission. Members of the Provisional Governing Commission were communicating with that delegate, without the need of involving the Department of Foreign Affairs, which made the department completely unnecessary. The correspondence of the Polish Ministry of Foreign Affairs and the authorities of Central Lithuania reveals that the relations between the two entities were not diplomatic. Poland did not recognize the statehood of Central Lithuania but rather acknowledged the fact that it is abroad. At the same time, Central Lithuania was dependent upon Poland, e.g. for food supplies. Central Lithuania can be seen as shaping stage Polish of east border after ending of war with Soviet Russia based on totalitarian ideology. That is an interesting example of Poland instrumentalizing international in its critical moment. However, such an approach to international law is a two-edged sword.

Analysis of Indonesia-Netherlands Diplomatic and Consular Relations

<p>In order to improve the quality of international cooperation, the Indonesian nation must be able to improve the quality and performance of foreign officials so that they are able to carry out proactive diplomacy in all fields to build a positive image of Indonesia in the international world. Through this article, the diplomatic relations between Indonesia and the Netherlands will be analyzed specifically, both diplomatic and consular relations. The result,diplomatic relations between the governments of Indonesia and the Netherlands have been in accordance with Law Number 37 of 1999, but in practice it has not been implemented properly in accordance with the applicable laws and regulations, so on this occasion I will discuss further about diplomatic relations between Indonesia and the Netherlands which had temporarily interrupted by several influencing factors including the revocation of the Dutch embassy in Indonesia named Rob Swartbol due to protests against the execution by the Indonesian government against a Dutch citizen named Ang Kim Soe or vice versa the revocation of the Indonesian embassy in the Netherlands because it will be held consultations by their respective countries, both the Netherlands and Indonesia, on their embassies.</p>

A Short Excursus into the Issue of Consular Law with an Emphasis on the National Legislation of the Czech Republic

Consular law is a set of norms governing the establishment of consular relations and opening consular offices of another state. This is a branch of law that is not unambiguously classified, falling both under international law and national law. It is a highly consolidated, incorporated, and also a recently codified branch of public international law in which the international element undoubtedly dominates. Under the surface, however, one can find more or less highly developed national legislation (German consular law, Italian consular law) which is not a mere concession to international legal norms (especially the Vienna Convention on Consular Relations) but are often separate sets of norms, collected into other directly related, linked to or even closely related national legislation. Given the functions performed by the consular post and the organisational integration of consular authorities into the system of state bodies, it is subsequently possible to classify national consular law into the branch of administrative law.

1961~1963년 군사정부의 중립국 외교의 전개와 성격

This research is a study on the diplomacy of South Korea towards ‘neutral countries’ from 1961 to 1963. The military government, established as a result of the 5.16 military coup, advocated active neutral diplomacy. The military government strongly suppressed domestic neutralism, while externally, it took a strategy of separation at home and abroad to improve relations with neutral countries. In addition, as a strategy of diplomacy for neutral countries, the military government has promoted an anti-communist victory based on economic development.<BR>Such active diplomacy toward netural countries caused diplomatic competition with North Korea. The United Arab Republic, which had established consular relations at the same time, first advanced into ambassadorial relations with North Korea. As a result, the military government had to suffer a humiliation of maintaining consular relations without coming up with any other countermeasures.<BR>Now, 60 years after the outbreak of the 5·16 military coup, it is time to reflect on the historical legacy of developmentalism and the hostility and violence left by the military government.

Divided governmental structure and state compliance with international human rights law: A reputation-based approach

AbstractPrevious research has analysed a range of domestic stakeholders that make national governments’ commitments to international human rights law credible, including an independent judiciary, legislative veto players, political opposition groups, and non-governmental organizations. But how do the power dynamics within the government affect state compliance with international human rights law? Building on the basic understanding that international human rights law needs to pass through domestic political and administrative processes before it can be implemented on the ground, this article articulates a reputation-based theoretical framework to explain how the lack of reputational mechanisms at the local level and national leaders’ shifting of blame for non-compliance to sub-national officials and the internal governance structure – two salient characteristics in a decentralized political system – make international human rights law less effective. A case study of US compliance with Article 36 of the 1963 Vienna Convention on Consular Relations sheds light on how international reputational concerns interact with divided authority structure to shape national leaders’ and subnational authorities’ policy responses to the enforcement of international human rights standards.

DIPLOMACIA, ESPIONAJE Y ORDEN MUNDIAL: EL CIERRE DE CONSULADOS DE CHINA Y ESTADOS UNIDOS

This paper analyzes the political and legal context of the closure of the Chinese consulates in Houston and the American one in Chengdu in the framework of international law in general and, specifically, of the Vienna Convention on Consular Relations (1963) and the Chinese Consular Convention - United States (1980). In the first part, a brief description is made of the status of bilateral relations between China and the United States, and then it particularly considers aspects related to: a) the decision of both countries to close the aforementioned consular offices; b) the alleged conduct performed by Chinese officials, in particular, allegations of espionage and theft of intellectual property; c) the immunities of consular officials and the possibility of criminal prosecution, and d) issues related to the inviolability of consular premises. The paper concludes with some final thoughts.

Osvrt na istorijat srpsko-britanskih odnosa

The upcoming year, 2022, marks a jubilee - 185 years since the establishment of official diplomatic relations between the United Kingdom of Great Britain and Ireland at the very beginning of its Victorian era, and the Principality of Serbia at the beginning of its era of establishing statehood. In 1837, diplomatic and consular relations were established between the empire "on which the sun never sets" and the non-sovereign Serbian principality which was nominally autonomous within the framework and structure of the Turkish Ottoman Empire. The topic of this paper is an outlook on the history of relations between two old European nations - the Serbs and the English, the Anglo-Saxons or the British , and two states - a great power and a colonial empire on the one hand, and a small but promising European country on the other.

VIRTUAL DIPLOMATIC MISSION: ADMINISTRATIVE AND LEGAL ANALYSIS

The scientific article analyses the current global trends of digital transformation in the field of diplomatic and consular relations, especially regarding the creation of a virtual diplomatic mission. The name of this institution differs in different countries, so the author decided to use an appropriate in his opinion generalizing term – virtual diplomatic mission. The main cases in which countries decide to implement their diplomatic presence in this form, based on the world practice of establishing virtual diplomatic missions, were identified. The peculiarities of the functioning of the institute of virtual diplomatic missions of the United States of America (for example, in Iran, San Marino, the Republic of Seychelles, the Republic of Maldives, etc.) are clarified. The difference between the US Virtual Embassy in Iran and other Virtual Embassies and virtual offices (Virtual Presence Post) is determined. The advanced Singaporean experience in the researched question is analyzed as such, which most fully corresponds to domestic innovations. In many foreign countries Singapore has established offices with the residence of the mission in the Ministry of Foreign Affairs of Singapore. Such format of representation operates in Ukraine too. The article considers the position of the Minister for Foreign Affairs of Ukraine Dmytro Kuleba and Ukrainian scientists on the prospects for the introduction such institutions in Ukraine The Law of Ukraine “On Diplomatic Service” adopted on June 7, 2018 provided for a new type of foreign diplomatic mission – the Embassy of Ukraine with the residence of the Ambassador Extraordinary and Plenipotentiary of Ukraine in Kyiv. However, the analysis of the current legislation of Ukraine gives grounds to believe that the legal support of the institution of "virtual diplomatic missions" in Ukraine is currently insufficient and does not provide a real mechanism for implementing this innovation. Proof of this is the lack of such institutions among foreign diplomatic missions of Ukraine. Therefore, the author draws attention to the urgent need for legislative settlement of issues involved in the establishment and operation of the Embassies of Ukraine with the residence of the Ambassador Extraordinary and Plenipotentiary of Ukraine in Kyiv.

International legal analysis of privileges and immunities of the Eurasian Economic Union (selected customs aspects)

International treaties on both general and special issues, adopted at the universal, regional and bilateral levels, provide a variety of legal mechanisms for the cooperation of States in one of the branches of international law — international customs law. Here there is a very specific set of international legal norms, of course, corresponding to general international law and at the same time introducing its own characteristics. The article provides an analysis of the privileges and immunities that are within the competence of customs administrations. In particular, the author considers the so-called “customs privileges” provided to a certain category of persons in the Eurasian Economic Union (hereinafter referred to as EAEU or Union). The article analyzes the customs aspect of the EAEU law and the relevant provisions of the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963 regarding the procedure for granting privileges and immunities to certain categories of people, the movement of diplomatic mail and the consular bag. In addition, the practice of the Russian Federation on the above-mentioned issues is described. The relevance of the research topic is due to the adoption of the new EAEU Customs Code in 2017, which has undergone significant changes in terms of customs regulation of the provision of immunities and privileges for a certain category of persons, the legal analysis of which requires correlation with international standards in this field adopted earlier. The peculiarities of customs regulation within the framework of the EAEU, regarding the granting of immunities and privileges to certain categories of persons, are pointed out and adherence to their norms of international law is noted.

La protección consular como derecho humano, a la luz de las Reformas Constitucionales y el Derecho Internacional

El artículo tiene por objeto brindar al lector la información necesaria, sobre la definición de protección consular, función consular a la luz de las Reformas Constitucionales en Materia de Derechos Humanos del 10 de Junio de 2011,en México, a quien corresponde velar por el respeto, protección y salvaguarda de los Mexicanos en el exterior, cuando enfrenten algún problema de diversa índole y no tengan posibilidad de acudir de manera inmediata ante alguna Autoridad extranjera; la función Consular que se traduce en la asistencia que brinda el Estado a sus nacionales fuera de su territorio, mediante las Oficinas Consulares acreditadas en otro Estado. Esta protección abarca a los migrantes arrestados, en prisión bajo custodia por las Autoridades de otro Estado. Los Extranjeros en general deben ser informados sin dilación por el Estado receptor sobre el derecho que tienen de comunicarse con sus Autoridades Consulares (Artículo 36.1 de la Convención de Viena sobre relaciones Consulares de 1963). Ejemplo Turistas Mexicanos que viajan a países del Medio Oriente, Europa, etc. donde en ocasiones se pueden presentar actos de tipo terrorista, guerras, bombardeos, enfrentamientos de grupos extremistas y radicales o pandemias mundiales como el reciente Virus Sars Cov-2, en los que se pone en peligro la vida y la seguridad de las personas que acuden a visitar dichos países o inclusive, estudian o trabajan temporalmente en esos lugares. Así como integrar de manera clara aquéllos que se encuentran tutelados en los Tratados Internacionales de la materia que México haya suscrito.