Service Abroad Research Articles

Can private parties contract out of the Hague Service Convention?

Treaties are concluded by States but often impose rights and obligations directly upon private parties. Can private parties contract out of a treaty including States’ oppositions without explicit permissions granted by the treaty? The complexity between party autonomy and State sovereignty is reflected in recent cases and unsettled debates regarding the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters of November 15, 1965 (“HSC”). The HSC contains a large number of oppositions made by 65 Contracting States including China, Germany, India, and Singapore. Combining public and private international law, this paper aims to explore the correlative relationship between party autonomy and State sovereignty in applying the HSC.

Conflicting Declarations Under the Hague Service Convention Amid the Russo-Ukrainian War: Dilemmas and Preliminary Solutions

AbstractThe 1965 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters has increasingly been used by its member states to demonstrate their territorial claims, including in the Falklands dispute and the Israel-Palestine conflict. This has now arisen in the Russo-Ukrainian war, as conflicting declarations have been formulated by eight states under the Convention. This Essay analyzes the legal dilemmas brought by these declarations and proposes preliminary solutions.

Interprofessional Student Learning Service Abroad: MLS Experiences in Mexico

Interprofessional Student Learning Service Abroad: MLS Experiences in Mexico

«С Брюсовым на равной ноге». Письма М.Ф. Ликиардопуло к В.Я. Брюсову

The publication is dedicated to Mikhail Likiardopulo’s place in the literary life of the 1900–1910s and his relationship with Valery Bryusov. An active journalist, translator of new English prose (Oscar Wilde, H.G. Wells), from 1906 Likiardopulo worked as a secretary of the Symbolist magazine “Vesy” (1904–1909), the actual editor of which was Bryusov. A significant part of Likiardopulo's letters, informing the correspondent “about political and literary events”, is devoted to the literary spite of the day and makes it possible to perceive the behind-the-scenes side of events and phenomena reflected on the pages of the capital's magazines and newspapers. In 1917 he left for the diplomatic service abroad; the last of the published letters (1923) was sent by him from England, where Likiardopulo died in 1925. The published texts are provided with a detailed historical and literary commentary.

Legal cooperation between Russia and the USA: historical roots of modern problems

Introduction. Relations between Russia and the United States have nearly three centuries of history, and for more than two hundred years the countries had diplomatic relations which were interrupted for sixteen years from 1917 to 1933. Perhaps the XIX century was the most peaceful and fruitful for our countries when the interests of the Russian Empire and the United States on the world stage did not contradict each other, often coincided, thus excluding confrontation between the two nation-states. The XIX century for Russia and the United States was marked by the singing of a number of bilateral treaties, including the treaty on the extradition of criminals, which consolidated their partnership.On the contrary, the XX century is marked by unstable and cyclical relations between the two countries. The rejection of Soviet power, the long period of non-recognition of the Soviet Union was followed in 1933 by mutual multifaceted cooperation between the USSR and the United States, which included the legal sphere, and by the allied relations during the Second World War. The second half of the twentieth century was the time of open confrontation between the two world giants, when the crisis of relations between the USSR and the United States put the world on the brink of world war III. In such conditions, there could be no talk of improving the legal framework of legal cooperation, and the agreement on the procedure for execution of court orders concluded in 1935 did not find its practical application.Modern Russia has assumed the entire burden of problems and contradictions in legal cooperation with the United States. Searching for ways out of them is possible only on the basis of historical analysis of their prerequisites, taking into account the peculiarities of modern international relations.Materials and methods. The methodological basis of the study is the dialectical method of cognition of phenomena in the relationship and mutual conditionality using a set of general and particular scientific methods of cognition of reality. The historical method contributed to the restoration of the chronological sequence of legal cooperation between Russia (USSR) and the United States. The method of actualization made it possible to identify the historical factors that determined the peculiarities of international cooperation in the legal sphere. The method of diachronization made it possible to identify certain successive stages in the development of international legal cooperation between Russia (USSR) and the United States, to compare them, to identify patterns of development.Results. In the framework of the study, the author found that inter-state legal cooperation is an integral part of the foreign policy of states. The international legal basis of cooperation between Russia and the United States in civil, family and criminal cases was created in a different historical era, does not meet modern international relations, and is poorly implemented by the justice authorities of the two States.There is no treaty on legal assistance in civil and family matters that is fundamental to the protection of the rights and legitimate interests of citizens of both States, and there are no provisions on extradition in the Treaty on legal assistance in criminal matters.Discussion and Conclusions. The international legal framework of cooperation between the Russian Federation (and earlier - the Soviet Union) and the United States of America in the legal sphere; the problems of implementation of international legal assistance in civil, family and criminal cases are researched. The main provisions of the Treaty on mutual legal assistance in criminal cases of 2000; multilateral Conventions on the service abroad of judicial and extrajudicial documents in civil or commercial cases of 1965 are analyzed. The 1958 Convention on the recognition and enforcement of foreign arbitral awards, the 1935 Agreement “On the procedure for the execution of court orders between the Union of Soviet Socialist Republics and the United States of America” were explored. The prospects for the development of legal cooperation between Russia and the United States are shown.

Service Abroad: Exploring Cultural Understanding through Service-Learning Experiences in Fiji

Service Abroad: Exploring Cultural Understanding through Service-Learning Experiences in Fiji

INSTITUTE OF PARLIAMENTARY SERVICE: FOREIGN EXPERIENCE AND PERSPECTIVES FOR UKRAINE

The publication deals with the problems of the theory and practice of formation and development of the institute of parliamentary service abroad and the definition of the prospects for the development of this type of public service in Ukraine. At the same time, the institute of parliamentary service and prospects for its introduction in Ukraine are investigated in several ways: as an additional mechanism for the implementation of the constitutional right of Ukrainian citizens to equal access to the civil service; as an important element of reforming the Verkhovna Rada of Ukraine and enhancing the effectiveness of its activities; as an element of the European integration of Ukraine and the implementation of the principles of a single administrative space into national public management practice. The category ‘institute of parliamentary service’ is proposed to be understood as a system and as a system of historically formed ideological, professional and moral-ethical values, normative legal acts and state-management practices that set goals, tasks, functions and powers, the procedure for the formation and operation of the corps of parliamentary servants, as well as the peculiarities of their service, and their legal and social protection in each particular state. The following components of this institution are identified: (1) doctrinal is a system of concepts, theories and students about the mission of the parliamentary service in the development of parliamentarism and ensuring the impartiality, autonomy and efficiency of the parliament; (2) legislative is a system of laws that regulate the institution of parliamentary service and get their development in the system of subordinate legal acts; (3) management is a system of public management practices for the formation of the corps of civil servants in the parliament and the management of the relevant parliamentary service; and (4) moral-ethical and anti-corruption is a system of moral and ethical values based on patriotism, integrity and intolerance to any manifestations of corruption, etc. The positive experience of the development of the parliamentary service in Australia, Austria, Great Britain, Germany, and France and in the European Parliament is analysed; and ways of implementing the relevant positive practices in Ukraine are determined. The current legislation and prerequisites for the establishment of the institution of parliamentary service in Ukraine in the context of holding parliamentary reform by the newly elected Verkhovna Rada of Ukraine of the IX convocation are studied.

Exploring host perspectives towards younger international development volunteers

ABSTRACTResearch on international development volunteering has increased significantly in recent decades, but there is a need for greater depth of understanding in relation to host communities. This article examines the impact of younger volunteers from the perspectives of host community members, evaluating the positive and negative aspects in working with young people from the “UniVol” programme of Volunteer Service Abroad, New Zealand. It argues that further insights into host community experiences can play a key role in enhancing youth IDV volunteering, creating assignments that are more beneficial for hosts, and moving away from neo-liberal “volunteer-centric” youth volunteering.

Cooperación judicial internacional sonorense

En los últimos años, particularmente, el Poder Judicial del Estado de Sonora ha estado recibiendo cartas rogatorias o exhortos provenientes del extranjerorrelacionados con asuntos de naturaleza civil, y otros asuntos de muy diversa naturaleza. Este mismo hecho motiva, que podamos deducir ciertasr circunstancias y características especiales que denotan cierta actividad directa de cooperación internacional en trámites judiciales ante los tribunales sonorenses, particularmente en el Supremo Tribunal de Justicia del Estado de Sonora, como oficina recepcional de los exhortos y cartas rogatorias procedentes del extranjero. Dada la naturaleza del referido trámite, la aplicación del - Convenio de la Haya sobre la notificación o el traslado en el extranjero de documentos judiciales o extrajudiciales en materia civil o comercial y el Convenio sobre Obtención de Pruebas en el Extranjero; en el seno de la academia, los docentes, nos dimos a la tarea de localizar dichas rogatorias para analizar in situ dicho trámite y lamentablemente constatar que el mismo puede llevar mas tiempo de lo deseable y en ocasiones resultar demasiado complicado. El desarrollo del presente trabajo es derivado de la colaboración entre la Academia de Derecho Inernacional y la Secretaria General de Acuerdos del Supremo Tribunal de Justicia del Estado de Sonora.

Sleep disturbances among Swedish soldiers after military service abroad

Aims Since 1956, more than 100,000 Swedish soldiers have served abroad on various international missions. The aim of this paper was to determine whether there was a connection between military service abroad and sleep disorders among Swedish soldiers.Methods The prevalence of sleep disturbances among 1,080 veterans from Kosovo and Afghanistan was compared with almost 27,000 Swedes from a general population sample, using propensity score matching and logistic regression. The sleep disturbances studied were habitual snoring, difficulty inducing sleep (DIS), difficulty maintaining sleep (DMS), early morning awakenings (EMA), and excessive daytime sleepiness (EDS). Insomnia was defined as having at least one of DIS, DMS, or EMA. The covariates used in the matching and adjustments were age, gender, smoking habits, BMI, education, ever having had asthma, moist snuff, and exercise habits.Results The veterans had a significantly lower prevalence of insomnia (26.2% versus 30.4%) and EDS (22.7% versus 29.4%) compared with a matched group from the reference population, using propensity score matching. Analyses with logistic regression showed that belonging to the military population was related to a lower risk of having DMS (adjusted OR (95% CI) 0.77 (0.64–0.91)), insomnia (OR 0.82 (0.71–0.95)), and EDS (OR 0.74 (0.63–0.86)), whereas no significant difference was found for snoring, DIS, and EMA.Conclusion Swedish veterans have fewer problems with insomnia and daytime sleepiness than the general Swedish population. The explanation of our findings may be the selection processes involved in becoming a soldier and when sampling personnel for military assignments abroad.

Interaction between Russia and England in Civil Procedure

In civil or commercial disputes, the need sometimes arises to obtain evidence, to serve proceedings or other judicial documents, or to enforce some other judicial act in the territory of a foreign country. Not only does this article present an overview of the Russian court system and its advantages and disadvantages, it also describes in great detail the legal assistance between Russia and England and covers the service abroad of judicial and extrajudicial documents, the taking of evidence abroad as well as the enforcement of English judgments in Russia.

Dengue Fever, Tuberculosis, Human Immunodeficiency Virus, and Hepatitis C Virus Conversion in a Group of Long‐Term Development Aid Workers

Development and humanitarian aid workers are a diverse group of travelers who, because of the nature of their travel, may have specific travel-related health risks. The main objective of this study was to quantify the risk of dengue fever virus (DFV), tuberculosis (TB), human immunodeficiency virus (HIV), and hepatitis C virus (HCV) infections in a group of long-term development aid volunteers. Medical files of Volunteer Service Abroad (VSA) volunteers and their accompanying family/partner/spouse serving over 17 years (1995-2011) were reviewed. Demographics, destination, months spent in-country, and, where available, results of pre- and post-assignment testing for DFV, TB, HCV and HIV infections were extracted. Results from 652 assignments were audited. Conversion rates were calculated when both pre- and post-assignment results were available. Evidence of dengue fever seroconversion was found in 6.3% of 205 volunteers [at a rate of 3.4 per 1,000 person months (pm) on assignment], with assignments in Southeast Asia having the highest risk. Evidence of TB during assignment was found in 2.9% of 336 volunteers converting at a rate of 1.4 per 1,000 pm. There were no HIV or HCV infections detected. On post-assignment questioning, 6.7% of volunteers reported unprotected sex with someone other than their regular partner and 9.8% reported a potential exposure to blood and/or blood products. Infection with DFV and TB occurred in this group at rates similar to that seen in other groups of long-term travelers, and screening would appear to be warranted. While none contracted HIV or HCV infection, reported behavior did put them at risk of blood- and body fluid-borne diseases. It is important that pre-assignment travel health preparation in this group focuses on strategies to minimize these risks.

Canadian Cases in Public International Law in 2012 / Jurisprudence canadienne en matière de droit international public en 2012

Service of process — Hague Convention on Service Abroad — relationship with Ontario rules of courtKhan Resources Inc v Atomredmetzoloto JSC, 2012 ONSC 1522 (9 March 2012) (Ontario Superior Court of Justice)At issue in this case, as in the Alberta Court of Appeal’s decision in Metcalfe Estate v Yamaha Motor Powered Products, also treated in this volume, is the ability of the court to resort to its domestic rules in order to effect service on a foreign defendant where the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Service Convention) applies.

U.S. Public Health Service Commissioned Corps Pharmacist Promoting and Advancing Pharmaceutical Services Abroad

U.S. Public Health Service Commissioned Corps Pharmacist Promoting and Advancing Pharmaceutical Services Abroad

Review: OSS Training in the National Parks and Service Abroad in World War II, by John Whiteclay Chambers II

Book Review| November 01 2010 Review: OSS Training in the National Parks and Service Abroad in World War II, by John Whiteclay Chambers II OSS Training in the National Parks and Service Abroad in World War II by John Whiteclay Chambers. National Park Service, 2008; 617 pp. Available online at http://www.nps.gov/history/history/online_books/oss/index.htm Troy J. Sacquety Troy J. Sacquety History Office, United States Army, Special Operations Command Search for other works by this author on: This Site PubMed Google Scholar The Public Historian (2010) 32 (4): 157–159. https://doi.org/10.1525/tph.2010.32.4.157 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Facebook Twitter LinkedIn MailTo Tools Icon Tools Get Permissions Cite Icon Cite Search Site Citation Troy J. Sacquety; Review: OSS Training in the National Parks and Service Abroad in World War II, by John Whiteclay Chambers II. The Public Historian 1 November 2010; 32 (4): 157–159. doi: https://doi.org/10.1525/tph.2010.32.4.157 Download citation file: Ris (Zotero) Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu toolbar search search input Search input auto suggest filter your search All ContentThe Public Historian Search This content is only available via PDF. © 2010 by The Regents of the University of California and the National Council on Public History. All rights reserved.2010 Article PDF first page preview Close Modal You do not currently have access to this content.

Recent Trend of Social Services Abroad andThe Direction Which Social Service Is Supposed to Adopt

Recent Trend of Social Services Abroad andThe Direction Which Social Service Is Supposed to Adopt

Academic Service Abroad: Confronting our Limitations

Academic Service Abroad: Confronting our Limitations

Don’t Leave Home Without Them

The urge to perform medical service abroad has always been present at some level among U.S. physicians. In the early years, this often took the form of missionary work. The growth of nongovernmental organizations (NGOs) in the twentieth century provided the vehicle for many others. In recent years, the number of voluntary organizations sponsoring people participating in health in the developing world has proliferated, and the U.S. government itself—through the Centers for Disease Control and Prevention (CDC), U.S. Agency for International Development (USAID)–sponsored programs, and even the military—has provided physicians, nurses, and public health experts for service in the developing world. The magnitude of this “mission” is hard to measure. Johns Hopkins professor Timothy Baker published an estimate in 1987, putting the figure at something less than one-third of 1 percent of U.S. physicians at that time—a victory or an embarrassment, depending on one’s expectations. Today the numbers are surely higher, although quantification remains a challenge, since the length of service, clinical focus, and sponsoring organizations are so numerous and variable. There can be no question, however, that interest in global health among young Americans in the health sciences is on the rise. A recent survey of U.S. medical students concluded that 20 percent had gone abroad (largely to the developed world) during medical school, as compared with only 4 percent in the 1980s. A Pediatric AIDS Corps, sending physicians to Africa, sponsored by the Baylor College of Medicine and the Bristol-MyersSquibb Foundation, recently tried to recruit fifty physicians. They were overwhelmed by applications from superbly trained young pediatricians and family physicians. But working abroad is not a simple matter. The organizations, countries, clinical needs, obstacles, hazards, and potential for mismatches are many. Once abroad, the U.S. health professional will be working amid a welter of national and international programs, initiatives, and campaigns. A baseline set of questions for anyone considering health work in the developing world should be asked and answered before departure. Edward O’Neil Jr., a U.S.-trained emergency medicine physician, has devoted his young career to exploring and answering many of these questions. He is the founder and president of Omni Med, an organization that tracks medical service opportunities and supports service/teaching programs in four developing countries (Belize, Guyana, Kenya, and Thailand, as of April 2007). O’Neil has published two enormously useful volumes on the subject. The first, Awakening Hippocrates, is a superb introduction to the subject of international

Influence of mental disorders on working ability assessment

There is an increasing need for evaluation of working ability due to lower level of social protection of workers and growing number of patients with mental diseases in Bosnia and Herzegovina (B&H). The aim of this study was to establish the influence of mental diseases on the occurrence of disability of I and III categories in B&H during the period from January 1st 2005 to December 31st 2006. This study involved 1792 examinees with the complete loss of working ability (I disability category) (n = 921). Disability category III consisted of persons with limited working ability (n = 871). The instruments of research in this multricentric and retrospective study were the forms P-6 and D-2 for the years of service in B&H, and the form IN for persons with years of service abroad and personal features questionnaire (EPQ). The study included 1494 men (78.5%) and 298 women (21.5%). Univariant analysis represented very high statistical significance (p = 0.001) concerning: age (X2 = 65.428), years of service (X2=28.438), drinking (X2 = 33.234), smoking (X2=70.880), father's education (X2 = 58.124), migrations (X2 = 14.874), sick leave (X2 = 29.190), medical treatment (X2 = 95.073) and rehabilitation (X2 = 29.453). Multivariant analysis represented the influence on disability cate gory I by parameters such as: years of service, sick leave, psychoticism and depression (p = 0.001). Hospital treatment and fatigation had influence on disability in both groups. Mental diseases are the leading cause in disability category I in 14.98% and in disability category III in 9.3% persons. Leading diseases in both disability categories were depression and schizophrenia followed by alcoholism, anxiety, brain organ psychosyndrome (BOPS) and other diseases. The following parameters have highest influence on the disability category: the years of service, sick leave, psychoticism, depression, and long-lasting disease, medical treatments and fatigation on the disability category III.

Volunteer overseas development workers: the hero's adventure and personal transformation

PurposeThe purpose of this paper is to provide new information about overseas volunteer development workers undertaking projects in underdeveloped countries, specifically, their backgrounds, personalities, values and previous experience, motivations, experiences, learning and “transformation” gained, and possible impact on further career; the degree of fit of experiences to the archetypal “hero's adventure”.Design/methodology/approachThe paper presents a longitudinal study of a cohort of 48 New Zealand volunteers starting work on NZ aid organisation Volunteer Service Abroad (VSA) assignments in 2001. This included structured interviews and administration of the NEO‐ PR personality inventory and the Schein Career orientation Inventory pre‐departure and on return and an e‐mail survey halfway through the assignment. Data analysis was largely qualitative using NVivo software.FindingsVolunteers had high levels of openness and agreeableness, and career anchors of dedication to a cause and pure challenge. The majority of volunteers fitted the main characteristics of the “hero's adventure” model, duplicating results for business expatriates by Osland and academic expatriates by Richardson. Key features were motivations of adventure and altruism, descriptions of trials and tribulations during the project, feelings of success, new skill and personal transformations in identity and values.Research limitations/implicationsThis is a mainly qualitative study of small sample from specific national location. Longer‐term follow‐up needed.Practical implicationsThe paper provides valuable information for potential volunteers, for aid organisations selecting and supporting them and potential employers of volunteers.Originality/valueVolunteer development work is increasingly common, is undertaken by thousands in third‐world countries, and is a potentially life‐changing experience, but research on it is very limited. This is the first in‐depth study, where findings paint a vivid picture of its nature and effects on the individual.