Legal Cooperation Research Articles

Towards the EU Harmonization of Access to Cross-Border E-Evidence: Challenges for Fundamental Rights & Consistency

In today’s digital age, a large part of our lives has shifted from the physical to the virtual world. As this holds true for ordinary citizens and criminals alike, in the context of criminal investigations, many pieces of evidence nowadays concern electronic evidence (or e-evidence). Such evidence is often located on a server abroad. Bound to the principle of territoriality, Member States are, however, unable to access e-evidence located in another Member State without the latter’s assistance. While a number of legal cooperation mechanisms between Member States exist on European level, the current framework is not adapted to the reality of the digital world and thus hampers swift criminal justice. Moreover, national legislation on access to e-evidence is highly fragmented, which generates legal uncertainty for the stakeholders involved. The European Commission aims to propose a new harmonizing Directive in early 2018, which will address these issues by enabling direct access to cross-border e-evidence. This paper argues that – while certainly facilitating the gathering of e-evidence in criminal investigations – the Commission’s proposal inevitably creates its own challenges. Two of these shall be examined in particular. First, the adequate protection of fundamental rights will need to be ensured, which will involve a delicate balancing exercise between the rights to security and criminal justice on the one hand, and the rights to privacy and criminal defence on the other. Second, the new Directive will need to maintain consistency and coherency with already existing regulation which, in view of the latter’s proliferation, will be no easy task.

Las nuevas reglas sobre información y prueba del derecho extranjero en el sistema español de derecho internacional privado

La entrada en vigor en España de la Ley 29/2015, 30 de julio, de cooperación jurídica internacional en materia civil, ha supuesto la incorporación de reglas especiales acerca de la información y prueba del derecho extranjero. Reglas que, por una parte, ofrecen soluciones novedosas en este campo y que, por otra, adolecen de ausencia de una reforma global de este sector del derecho internacional privado.

International legal cooperation in the Nazi-fascist New Order

In the interwar history of the discipline of international law, the Nazi period was apparently nothing more than what Martti Koskenniemi calls a ‘dark gap.’ But the same cannot be said about international organizing in the law under Hitler. After reaching out to like-minded foreign jurists throughout the 1930s, Nazi jurists launched an international legal institution in 1939. Officially founded in 1941, the International Law Chamber (Internationale Rechtskammer) created an international professional association that gathered jurists from across Europe in a transnational network, but one that rejected the liberal and universalist premises of international law. Instead, the organization used the ‘soft power’ of international intellectual exchange to promote a regional-European, anti-liberal, and fascist-corporatist vision of international legal order. During World War II, Nazi jurists used this network to pursue legal integration among the allied and conquered states included in Hitler’s emerging European empire, thereby helping to build the Nazi ‘New Order’ in Europe.

The Legal Cooperation Between Korea and the Mekong River Countries

The Legal Cooperation Between Korea and the Mekong River Countries

Международно-правовое сотрудничество по использованию и охране от загрязнения трансграничных водных ресурсов в Африке

Международно-правовое сотрудничество по использованию и охране от загрязнения трансграничных водных ресурсов в Африке

Der Platz der juristischen Fachsprache in der Experten-Laien-Kommunikation

In this commentary, the author outlines possible contributions of a linguistic monitoring especially to the interpretive work of legal experts from the point of view of a lawyer. However, for such a monitoring to be efficient more efforts must be made from the part of the linguists to make clear what the specific methodological characteristics of a linguistic monitoring consist in. The article sees possible contribution in fields like interpreting legal texts in more languages like in the EU system, overcoming the differences of legal systems in international legal cooperation, and optimizing national legal texts produced on the basis of community legal texts in order to make them more accessible for national citizens.

Understanding the French Criminal Justice System as a Tool for Reforming International Legal Cooperation and Cross-Border Data Requests

In an increasingly interconnected world, where communications can happen anywhere and at any time, law enforcement agencies may need access to evidence stored overseas. To help national law enforcement agencies work together more effectively, a large number of Mutual Legal Assistance Treaties (“MLATs”) have been signed from 1970 onwards. MLATs have become an area of international dispute, with states becoming increasingly frustrated with the length and complication of the process for requesting electronic evidence. Indeed, access to evidence is a time-sensitive issue for not only the solving and prevention of crimes but also as part of the individual’s right to a fair trial. As part of a larger project on reforming international legal cooperation, a large number of works and projects have emerged, including the Georgia Tech Cross-Border Data Requests Project of which this paper is a part. This paper begins with a description of the current French criminal process, as an example of a mature EU legal system. Then, it explains the steps required for French investigating authorities to access evidence located in the U.S. under the current MLAT rules. Finally, it illustrates that each legal system maintains different checks and balances that have to be carefully considered in reforming any multilateral legal cooperation.

Держава та громадянське суспільство: правова взаємодія

Держава та громадянське суспільство: правова взаємодія

The Reform of Canonical Marriage Procedures and its Effect on Spanish Law

This article analyses the impact of the 2015 Reform of Canonical Process on the recognition of civil effects to ecclesiastical judgments about marriage nullity in Spain. It departs from an historical overview of canon marriage regime in the State and the Concordats and follows with an explanation of the Spanish marriage system. The analysis focuses on the conditions required to ecclesiastical judgments to be declared adjusted to the State Law in order to have civil effects. This study takes into account the relevant jurisprudence of the Constitutional Court and the Supreme Court as well as the new Spanish legislation on the issue, including Law 29/2015, of international legal cooperation in civil matters.

Processo Internacional Transfronteiriço: os Litígios que não Respeitam Fronteiras – da Soberania à Tutela dos Direitos

Proponho uma reflexão a respeito do processo internacional transfonteiriço através da passagem da soberania para a tutela dos direitos, como fim do proc. civil no Estado Democrático Constitucional. Esta mudança de paradigma é expressa no novo CPC L 13.105 /15, art. 3º, 4º e 6º, aplicáveis ao processo internacional. Nesta nova visão, a cooperação jurídica internacional, na modalidade de auxílio direto, é excelente instrumento para implementação do novo paradigma e deve ser considerada como estratégia fundamental à efetivação dos direitos em litígios que não respeitam fronteiras e que ocorrem ao mesmo tempo em dois ou mais territórios soberanos.

History of international legal regulation of the issues related to the use of computer technologies

The article studies the genesis of legal regulation of cybersecurity in international law, the definition of the place of the problem in relations between subjects of international law. Examples of high-profile cyberattacks that took place internationally are shown. In recent years, human dependence on new technologies has grown rapidly. However, the use of such technologies also opens new ways to abuse via the Internet. With the development of new technologies cyberspace becomes as important space as land, air, water or space in which states compete for ensuring their national interests. Such space also attracts the attention of international terrorist groups, transnational organized crime etc. A number of scientists devoted their papers to the subject of cybersecurity, among them A. Pazyuk, D. Dubov, A. Merezhko. Much more attention on the issue of cybersecurity research in international law was paid by foreign experts, including M. N. Schmitt, W. Heintschel von Heinegg, V. Boothby.The article shows examples of international norms in cyberspace. Accordingly the foundations for further cooperation among the States were laid by the number of Resolutions of the General Assembly of the United Nations. One of the main documents in this field within the Council of Europe is ratified by 49 states Convention on Cybercrime in 2001 and Optional Protocol to the Convention of 2003. Within the EU the first document regulating cyberspace is Directive 95/46 of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. In 2016 EU has adopted the EU Network and Information Security (NIS) Directive. As an example of doctrinal codification the Tallinn Manual on the International Law Applicable to Cyber Warfare was issued in 2013.It is also mentioned in the article that states are actively working on preparing national legislation and adopting strategies for cybersecurityIt is noted that the issue of cybersecurity is becoming more acute problem not only at the national level and therefore requires expansion of international legal cooperation between subjects of international law to maintain peace and prevent solving cyber warfare, which may be accompanied by kinetic.

INTERNATIONAL LEGAL COOPERATION IN SPHERES OF CULTURE – IMPORTANT PART OF INTERNATIONAL RELATIONS

This paper assesses the cultural and humanitarian spheres of the Republic of Uzbekistan in regards to International legal cooperation. The paper examines the influence of cultural and humanitarian spheres in international relations of the states, including Uzbekistan. The paper also contains a discussion of the, increasing role of Uzbekistan in the ‘culture factor’ in international politics. The legal base of the Republic of Uzbekistan, international legal documents, and the research works of domestic and foreign scholars, in areas such as culture, education, science, tourism, and medical science, provide the basis for the research.

El nuevo sistema español de reconocimiento y ejecución de decisiones extranjeras.

ABSTRACT: This paper addresses the new system of recognition and enforcement of foreign judgments in Spain, after the entry into force of the Regulation 1215/2012 in 2015 and the Law on International Legal Cooperation that finally repeals an antiquated system that was already exceeded by the jurisprudence of the Supreme Court. The new system, studied along these lines, is far away from the complexities of the system of 1881, adapted to the existing reality -the need of a simplified system for the recognition of foreign judgments done the current mobility of natural and legal persons. This has already occurred within the European Union, where since the entry into force of the 1215 regulation we can talk about the existence of the fifth freedom, the free movement of judgments.

Signaling by Signature: The Weight of International Opinion and Ratification of Treaties by Domestic Veto Players

The signing of international treaties is usually considered insignificant for international legal cooperation. Accordingly, International Relations theorists have paid it little attention. We show in this paper how and why treaty signature matters for the ultimate decision to ratify an international treaty. We argue that when multiple well-informed actors publicly sign an international treaty, this can provide a strong signal of issue importance to domestic veto players, and in turn may persuade them to ratify the treaty. We formalize this argument in a two-level signaling game, and test it on a data set of 126 international environmental agreements. We find that treaties are more likely to be ratified when their signatories include countries with high levels of general or issue-specific knowledge.

Shifting Sands: Power, Uncertainty and the Form of International Legal Cooperation

This Article argues that the form of international agreements — binding hard law agreements versus non-binding soft law agreements — can be partially explained by states’ interests in promoting renegotiation in the presence of uncertainty and shifting power. I make this argument in three steps. First, I explain that states regularly use unilateral non-compliance as a renegotiation strategy. Second, I argue that making an agreement soft facilitates this use of unilateral non-compliance. Third, I analyze the conditions — uncertainty characterized by common interests (but not uncertainty characterized by distributive concerns) and shifting power — under which facilitating renegotiation through soft law will appeal to states. In particular, I argue that in the presence of these conditions preventing renegotiation creates long-term costs for states that can inhibit short-term cooperation. In effect, under these conditions the shadow of the future can inhibit cooperation, rather than support it as is conventionally thought. These conditions are common to many major contemporary subjects of international cooperation in a way they were not during the latter half of the twentieth century, partially explaining the increased importance of soft law to contemporary international governance.

Prospects of Asean Legal Cooperation

Association of Southeast Asian Nations (ASEAN) is a regional organization in the countries of Southeast Asia established in Bangkok, Thailand, on August 8, 1967 (the Bangkok Declaration) by Indonesia, Malaysia, Philippines, Singapore, and Thailand. One form of cooperation that could further encourage the establishment of ASEAN's goal was legal cooperation. This was because, this cooperation could further strengthen cooperation in politics, economy, social and culture in Southeast Asia. This paper aimed to identify and learn how the real prospect of legal cooperation could be realized. Therefore, it should be known that areas of cooperation of the law which allows conducted cooperation among ASEAN countries use sectoral laws as an alternative legal cooperation. Method of this paper was comparative law in the ASEAN countries due to the countries in Southeast Asia have different legal systems. The result of this paper is the prospects of ASEAN legal cooperation is very open to be realized, because the settings are clear legal basis exists and regulated. Just to get to the realization of such cooperation, the ASEAN countries must have a strong political will to become solid cooperation.

Galimybės tobulinti tarptautinio teisinio bendradarbiavimo baudžiamosiose bylose pagrindus Lietuvos teisėje

The topicality of the issue concerning the international legal cooperation in criminal cases did not fade away until the beginning of the 19th century when on 2nd March 1802 the first multilateral international treaty intended for the extradition question was signed. Nevertheless, the fact that on the basis of this treaty neither person was surrendered actually became a significant signal that the fluency of the legal cooperation in criminal cases of states may be ensured only with the alternative of the international treaty – national law. Despite the fact that in 1994 Lithuania sent a message to the world that the legal cooperation at least in the sphere of extradition shall take place on two legal grounds (international treaty or national law), in the real world the second ground of legal aid in principle was not developed. The reason of such situation is that in Lithuania the regulation of this question regarding the international legal cooperation of states in criminal cases did not have nor has coherent concept. Breaches of legal regulation and discrepancies as well as Lithuania’s practice initiating extradition procedures in the absence of international treaty, in author’s opinion, enable to speak more decidedly about the necessity to build the so called unconventional bridge of legal cooperation in criminal cases with foreign states. Only under this condition Lithuania has a right to speak about concrete and not illusory actions securing efficient crime control based on the principle aut dedere aut iudicare. It is assumed that improving Lithuania’s legal base it would be useful to refine cases when international legal aid in criminal cases is possible only on the basis of international treaty and when on the basis of national law. The question regarding the content of corresponding national legislation is an issue of a wider discussion. Points of view may be diverse. For every form of the international legal aid in criminal cases a separate law (special procedural legislation) may be adopted or one specialised procedural law regulating all issues related to the international legal cooperation may be passed. Moreover, the question of the status of legal aid requests received by foreign states may also be a debatable matter. In this case, author offers to draw attention to the practice of Canada when extradition requests presented not on the grounds of international treaty are regarded as ad hoc contracts. Arguing the need of the national extradition law or the law standardizing questions of other international legal aid forms, the author suggests solving series of important issues among which the most urgent are the following: concept of the political offence, term of the reciprocal criminalisation, humanitarian conditions prohibiting the legal cooperation. Furthermore, in the opinion of the author, resolving the valid problems of states’ international legal cooperation, Lithuania should also improve norms regulating criminal jurisdiction principles as the existing system of these principles does not ensure the inevitability of responsibility. The other author’s position of principle concerns the fact that issues of states’ legal aid in criminal cases should not be regulated by the norms of the Criminal Code as they have no direct connections neither to the purpose of the Criminal Code nor to main regulations of the criminal liability, nor to the validity of the criminal law. Meanwhile, the procedural nature of norms regulating legal grounds and order of states’ international legal aid in criminal cases is evident because concerned norms inter alia help shortly and comprehensively to disclose offences and properly apply the law.

Legal Assistance in Civil and Commercial Cases Between Russia and France

Review. In view of the increasing mobility of citizens and expansion of humanitarian exchanges between France and Russia there is a growing need in establishing a legal framework for bilateral cooperation. Accordingly, the subject of this article is to study the international legal framework for the provision of legal assistance in civil and commercial cases between the French Republic and the Russian Federation. Three main groups of sources of international legal regulation are analyzed. The first category includes contracts covering practically all aspects of legal assistance in civil and other types of cases. The second group consists of international treaties regulating certain kinds of and/or form of legal assistance. The third group comprises international instruments directly regulating other issues but containing certain provisions on legal assistance. Some conclusions are drawn on the basis of the analysis. First, contractual relationship in this area have had a long history and are characterized by long ago established legal relationships. On the other hand, legal assistance issues are resolved only partially, so international contractual cooperation requires further development and improvement. Since the French Republic and the Russian Federation belong to the states of the Roman-Germanic legal system, the most suitable mutual cooperation might be the conclusion of a bilateral treaty covering the basic types and forms of international legal assistance. Legal cooperation can be continued with account for European Union approach to this issue.

Cooperation by Treaty: The Role of Multilateral Powers

AbstractWho supports multilateral treaties and who does not? We offer a systematic account of treaty ratification patterns paying particular attention to different states' roles in international legal cooperation in relation to the United States' ratification behavior. States' ability to influence the terms of treaties and their acceptance increases their incentives for treaty ratification. Multilateral powers—states that are powerful and independent from the United States—support multilateral legal cooperation because it offers them an opportunity to shape treaty content. Their engagement in multilateral treaties is strongest when the United States does not lead. States that are weak and/or dependent cannot greatly affect treaties and are therefore less supportive of them but are subject to US pressure. An empirical analysis of states' decisions to ratify prominent postwar multilateral treaties covering a wide range of global issues supports our argument.

Russian Law and Globalization

The Faculty of Law of the University of Helsinki is committed to diverse and internationally collaborative approaches to studying various legal systems in the context of comparative law, and UHLS and the Law Faculty of the National Research University, Higher School of Economics have developed an ongoing program to undertake this effort. The original annual conference series on the Development of Russian Law was launched in 2008 as an initiative to further knowledge and critical thinking about Russian law during its period of transition and modernization. The conference is held annually and brings together legal practitioners and scholars from Russia, Finland and elsewhere to discuss important matters of Russian law, legal reform, and legal practice. Prior years’ Conference themes have included discussions of legal reforms, the justice system, the Russian legal profession, human rights, civil and business law, legal policy, rule-of-law and market economy. This year’s program was designed to attract law faculty, scholars from different disciplines, and also practicing lawyers, to address a wide range of topics grouped around the general theme of how the phenomenon and challenges of globalization affect Russian legal system development. The call for papers included: (i) Relationships between Russian domestic and international law, (ii) The impacts of international legal institutions on the development of Russian law(s), (iii) Globalization in the field of business law, (iv) Global law & Russian legal theory, (v) Regional models of legal cooperation and Russia’s participation, (vi) Transnational legal problems in areas such as constitutionalism and rule-of-law, (vii) Theoretical and applied implications of the concept of global transplants, and (viii) A global human rights agenda, including Russia’s place in this agenda. This was a very ambitious and multi-faceted undertaking. Through a process of careful evaluation, the Conference organizers produced a very diverse and challenging program, consisting of 8 Sessions, (7 panels and one round-table devoted to specific Session themes), along with a general Round-table discussion on the subject of Russian-Finnish legal cooperation partnering.1 The two-day Symposium, October 6–7, was preceded by a Wednesday afternoon PhD student seminar. At this seminar, there were presentations by Dr. Ari Hirvonen (University of Helsinki) on Finnish doctoral education in law and Dr. Svetlana Vasilieva (Higher School of Economics, Moscow, Russia) on Russian PhD education in law, followed by presentations by PhD students of their works-in-progress.2 Professor Pia Letto-Vanamo, Director of the Doctoral School at the University of Helsinki, then delivered the Keynote Lecture – Methodological Challenges of Legal Research, followed by a Reception for participants. In this lecture, she highlighted how global agenda influences national legal issues and what it is to practice good lawyering.