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Consular Protection Abroad: a Union Citizenship Fundamental Right?
UNIVERSIDAD AUTÓNOMA DE BARCELONA FACULTAD DE DERECHO DEPARTAMENTO DE CIENCIA POLÍTICA Y DERECHO PÚBLICO CONSULAR PROTECTION ABROAD: A UNION CITIZENSHIP FUNDAMENTAL RIGHT? TESIS DOCTORAL Presentada por EvaMaria Alexandrova POPTCHEVA bajo la dirección de la Dra. Teresa FREIXES SANJUÁN Bellaterra, febrero 2012 «Les hommes n'acceptent le changement que dans la nécessité et ils ne voient la nécessité que dans la crise.» Jean Monnet Mémoires 1976 Table of Contents A. INTRODUCTION......................................................................................................7 B. CONCEPTUALISING “CONSULAR PROTECTION” ..................................27 I. Problem‐Statement..........................................................................................28 II. Multilevel Context of Consular Protection ...........................................29 1. Differentiation between Diplomatic and Consular Protection 31 1. 1. Triggering Event.................................................................................45 1. 2. Nationality Rule and Third States’ Consent ............................47 1. 3. Right to Diplomatic Protection under European Union Law?...................................................................................................................50 1. 4. Discretionary Character of Diplomatic Protection...............59 1. 5. Interim Findings .................................................................................61 2. Relationship between International Law‐ and European Union Law‐Rules ..............................................................................................62 -
Physical Study by Surface Characteriza4ons of Sarin Sensor on the Basis of Chem
Physical Study by Surface Characterizaons of Sarin Sensor on the Basis of Chemically Func4onalized Silicon Nanoribbon Field Effect Transistor K. Smaali1,§, D. Guérin1, V. Passi1, L. Ordronneau2, A. Carella2, T. Mélin1, E. Dubois1, D. Vuillaume1, J.P. Simonato2 and S. Lenfant1,* 1 IEMN, CNRS, Avenue Poincaré, Villeneuve d'Ascq, F-59652 cedex, France. 2. CEA, LITEN/DTNM/SEN/LSIN, Univ. Grenoble Alpes, MINATEC Campus, F-38054 Grenoble, France. ABSTRACT : Surface characteriZa[ons of an organophosphorus (OP) gas detector based on chemically func[onaliZed silicon nanoribbon field-effect transistor (SiNR-FET) were performed by Kelvin Probe Force Microscopy (KPFM) and ToF-SIMS, and correlated with changes in the current-voltage characteris[cs of the devices. KPFM measurements on FETs allow (i) to inves[gate the contact poten[al difference (CPD) distribu[on of the polariZed device as func[on of the gate voltage and the exposure to OP traces and; (ii) to analyZe the CPD hysteresis associated to the presence of mobile ions on the surface. The CPD measured by KPFM on the silicon nanoribbon was corrected due to side capacitance effects in order to determine the real quan[ta[ve surface poten[al. Comparison with macroscopic Kelvin probe (KP) experiments on larger surfaces was carried out. These two approaches were quan[ta[vely consistent. An important increase of the CPD values (between + 399 mV and + 302 mV) was observed aeer the OP sensor graeing, corresponding to a decrease of the work func[on, and a weaker varia[on aeer exposure to OP (between - 14 mV and - 61 mV) was measured. -
Use of Chlorofluorocarbons in Hydrology : a Guidebook
USE OF CHLOROFLUOROCARBONS IN HYDROLOGY A Guidebook USE OF CHLOROFLUOROCARBONS IN HYDROLOGY A GUIDEBOOK 2005 Edition The following States are Members of the International Atomic Energy Agency: AFGHANISTAN GREECE PANAMA ALBANIA GUATEMALA PARAGUAY ALGERIA HAITI PERU ANGOLA HOLY SEE PHILIPPINES ARGENTINA HONDURAS POLAND ARMENIA HUNGARY PORTUGAL AUSTRALIA ICELAND QATAR AUSTRIA INDIA REPUBLIC OF MOLDOVA AZERBAIJAN INDONESIA ROMANIA BANGLADESH IRAN, ISLAMIC REPUBLIC OF RUSSIAN FEDERATION BELARUS IRAQ SAUDI ARABIA BELGIUM IRELAND SENEGAL BENIN ISRAEL SERBIA AND MONTENEGRO BOLIVIA ITALY SEYCHELLES BOSNIA AND HERZEGOVINA JAMAICA SIERRA LEONE BOTSWANA JAPAN BRAZIL JORDAN SINGAPORE BULGARIA KAZAKHSTAN SLOVAKIA BURKINA FASO KENYA SLOVENIA CAMEROON KOREA, REPUBLIC OF SOUTH AFRICA CANADA KUWAIT SPAIN CENTRAL AFRICAN KYRGYZSTAN SRI LANKA REPUBLIC LATVIA SUDAN CHAD LEBANON SWEDEN CHILE LIBERIA SWITZERLAND CHINA LIBYAN ARAB JAMAHIRIYA SYRIAN ARAB REPUBLIC COLOMBIA LIECHTENSTEIN TAJIKISTAN COSTA RICA LITHUANIA THAILAND CÔTE D’IVOIRE LUXEMBOURG THE FORMER YUGOSLAV CROATIA MADAGASCAR REPUBLIC OF MACEDONIA CUBA MALAYSIA TUNISIA CYPRUS MALI TURKEY CZECH REPUBLIC MALTA UGANDA DEMOCRATIC REPUBLIC MARSHALL ISLANDS UKRAINE OF THE CONGO MAURITANIA UNITED ARAB EMIRATES DENMARK MAURITIUS UNITED KINGDOM OF DOMINICAN REPUBLIC MEXICO GREAT BRITAIN AND ECUADOR MONACO NORTHERN IRELAND EGYPT MONGOLIA UNITED REPUBLIC EL SALVADOR MOROCCO ERITREA MYANMAR OF TANZANIA ESTONIA NAMIBIA UNITED STATES OF AMERICA ETHIOPIA NETHERLANDS URUGUAY FINLAND NEW ZEALAND UZBEKISTAN FRANCE NICARAGUA VENEZUELA GABON NIGER VIETNAM GEORGIA NIGERIA YEMEN GERMANY NORWAY ZAMBIA GHANA PAKISTAN ZIMBABWE The Agency’s Statute was approved on 23 October 1956 by the Conference on the Statute of the IAEA held at United Nations Headquarters, New York; it entered into force on 29 July 1957. The Headquarters of the Agency are situated in Vienna. -
Nerve Agent - Lntellipedia Page 1 Of9 Doc ID : 6637155 (U) Nerve Agent
This document is made available through the declassification efforts and research of John Greenewald, Jr., creator of: The Black Vault The Black Vault is the largest online Freedom of Information Act (FOIA) document clearinghouse in the world. The research efforts here are responsible for the declassification of MILLIONS of pages released by the U.S. Government & Military. Discover the Truth at: http://www.theblackvault.com Nerve Agent - lntellipedia Page 1 of9 Doc ID : 6637155 (U) Nerve Agent UNCLASSIFIED From lntellipedia Nerve Agents (also known as nerve gases, though these chemicals are liquid at room temperature) are a class of phosphorus-containing organic chemicals (organophosphates) that disrupt the mechanism by which nerves transfer messages to organs. The disruption is caused by blocking acetylcholinesterase, an enzyme that normally relaxes the activity of acetylcholine, a neurotransmitter. ...--------- --- -·---- - --- -·-- --- --- Contents • 1 Overview • 2 Biological Effects • 2.1 Mechanism of Action • 2.2 Antidotes • 3 Classes • 3.1 G-Series • 3.2 V-Series • 3.3 Novichok Agents • 3.4 Insecticides • 4 History • 4.1 The Discovery ofNerve Agents • 4.2 The Nazi Mass Production ofTabun • 4.3 Nerve Agents in Nazi Germany • 4.4 The Secret Gets Out • 4.5 Since World War II • 4.6 Ocean Disposal of Chemical Weapons • 5 Popular Culture • 6 References and External Links --------------- ----·-- - Overview As chemical weapons, they are classified as weapons of mass destruction by the United Nations according to UN Resolution 687, and their production and stockpiling was outlawed by the Chemical Weapons Convention of 1993; the Chemical Weapons Convention officially took effect on April 291997. Poisoning by a nerve agent leads to contraction of pupils, profuse salivation, convulsions, involuntary urination and defecation, and eventual death by asphyxiation as control is lost over respiratory muscles. -
Beyond Breard
Beyond Breard By Erik G. Luna* Douglas J. Sylvester** I. INTRODUCTION Angel Francisco Breard was no angel. Seven years after coming to the United States on a student visa,' the Paraguayan citizen was arrested and tried for the murder of Ruth Dickie. Forensic evidence at the scene of the crime undeniably pointed towards Breard's guilt.2 The most damning evidence, how- ever, came from the defendant's own mouth. On the stand, Breard admitted that he had armed himself on the night of the crime because he "wanted to use the knife to force a woman to have sex with [him]." 3 He engaged Dickie in a con- versation on the street and followed her home. Breard then forced his way into the woman's apartment and brutally murdered her.4 Breard's only defense at trial was that he acted under a Satanic curse placed upon him by his former father-in-law.5 As one might expect, the jury spumed this defense and convicted Breard on all counts. During the subsequent penalty phase of the trial, the twelve-person panel learned that the defendant had previ- ously attempted to abduct one woman at knifepoint and had sexually assaulted another female victim. Based on his "future dangerousness" to society and the "vileness" of the murder, Breard was sentenced to death.6 After numerous state and federal appeals, the thirty-two year-old convicted murderer was executed by lethal injection on April 14, 1998. 7 Without more, the Breard case was destined to be a mere footnote in the annals of death penalty jurisprudence. -
Warning: the Following Lecture Contains Graphic Images
What the новичок (Novichok)? Why Chemical Warfare Agents Are More Relevant Than Ever Matt Sztajnkrycer, MD PHD Professor of Emergency Medicine, Mayo Clinic Medical Toxicologist, Minnesota Poison Control System Medical Director, RFD Chemical Assessment Team @NoobieMatt #ITLS2018 Disclosures In accordance with the Accreditation Council for Continuing Medical Education (ACCME) Standards, the American Nurses Credentialing Center’s Commission (ANCC) and the Commission on Accreditation for Pre-Hospital Continuing Education (CAPCE), states presenters must disclose the existence of significant financial interests in or relationships with manufacturers or commercial products that may have a direct interest in the subject matter of the presentation, and relationships with the commercial supporter of this CME activity. The presenter does not consider that it will influence their presentation. Dr. Sztajnkrycer does not have a significant financial relationship to report. Dr. Sztajnkrycer is on the Editorial Board of International Trauma Life Support. Specific CW Agents Classes of Chemical Agents: The Big 5 The “A” List Pulmonary Agents Phosgene Oxime, Chlorine Vesicants Mustard, Phosgene Blood Agents CN Nerve Agents G, V, Novel, T Incapacitating Agents Thinking Outside the Box - An Abbreviated List Ammonia Fluorine Chlorine Acrylonitrile Hydrogen Sulfide Phosphine Methyl Isocyanate Dibotane Hydrogen Selenide Allyl Alcohol Sulfur Dioxide TDI Acrolein Nitric Acid Arsine Hydrazine Compound 1080/1081 Nitrogen Dioxide Tetramine (TETS) Ethylene Oxide Chlorine Leaks Phosphine Chlorine Common Toxic Industrial Chemical (“TIC”). Why use it in war/terror? Chlorine Density of 3.21 g/L. Heavier than air (1.28 g/L) sinks. Concentrates in low-lying areas. Like basements and underground bunkers. Reacts with water: Hypochlorous acid (HClO) Hydrochloric acid (HCl). -
Of the Vienna Convention on Consular Relations for an Individual Right to Due Process
WHITESELL FINAL.DOC 6/6/2005 10:38 AM DIAMOND IN THE ROUGH: MINING ARTICLE 36(1)(B) OF THE VIENNA CONVENTION ON CONSULAR RELATIONS FOR AN INDIVIDUAL RIGHT TO DUE PROCESS BRITTANY P. WHITESELL Thou shalt neither vex a stranger, nor oppress him: for ye were strangers in the land of Egypt.1 INTRODUCTION The Vienna Convention on Consular Relations—a multilateral treaty signed by the president and ratified by the Senate2—delineates the rights of nations to conduct consular relations.3 Consular relations are the means by which nations protect the interests of their citizenry abroad, especially their nationals who are arrested for violating other nations’ criminal laws.4 The right to assist citizens charged with crimes abroad appears in Article 36 of the Vienna Convention. Article 36(1)(a) provides that countries may access and communicate with their citizens,5 and Article 36(1)(b) provides that, upon detention, foreign nationals must be informed that their consuls may assist them.6 Foreign nationals have contended that the Article 36(1)(b) Copyright © 2004 by Brittany P. Whitesell. 1. Exod. 22.21 (King James). 2. Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, 596 U.N.T.S. 261 [hereinafter Vienna Convention]. 3. See generally id. 4. U.S. DEP’T OF STATE, CONSULAR NOTIFICATION AND ACCESS: INSTRUCTIONS FOR FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AND OTHER OFFICIALS REGARDING FOREIGN NATIONALS IN THE UNITED STATES AND THE RIGHTS OF CONSULAR OFFICIALS TO ASSIST THEM 42 (n.d.), available at http://travel.state.gov/pdf/CNA_book.pdf. -
Exercising Diplomatic Protection the Fine Line Between Litigation, Demarches and Consular Assistance
Exercising Diplomatic Protection The Fine Line Between Litigation, Demarches and Consular Assistance Annemarieke Künzli* I. Introduction The last Draft Article that was proposed by the Special Rapporteur to the Inter- national Law Commission for inclusion in the Draft Articles on Diplomatic Pro- tection concerns the relationship between diplomatic protection and consular as- sistance. International law distinguishes between (at least) two kinds of interna- tional relations.1 This is stipulated by the existence of two separate treaties: the two Vienna Conventions of 1961 and 1963 have codified the rules with respect to dip- lomatic and consular relations respectively.2 A fundamental difference is that a dip- lomatic agent is a political representative of a state, while a consular officer has no such function.3 As a consequence, the establishment of a consulate in non- recognised territories does not always imply recognition while establishing an em- bassy usually does and immunities granted to ambassadors are markedly different from those granted to consuls.4 In accordance with the two regimes applicable to international relations, international law recognises two kinds of protection states can exercise on behalf of their nationals: consular assistance and diplomatic protec- tion. There are fundamental differences between consular assistance and diplomatic protection. A persistent subject of debate and controversy however is the question of which activities by governments fall under diplomatic protection and which ac- tions do not. This debate is fuelled by an equally persistent misunderstanding of * Ph.D-fellow in Public International Law, Leiden University. The author wishes to thank Prof. John D u g a r d and Prof. -
Organic & Biomolecular Chemistry
Organic & Biomolecular Chemistry Accepted Manuscript This is an Accepted Manuscript, which has been through the Royal Society of Chemistry peer review process and has been accepted for publication. Accepted Manuscripts are published online shortly after acceptance, before technical editing, formatting and proof reading. Using this free service, authors can make their results available to the community, in citable form, before we publish the edited article. We will replace this Accepted Manuscript with the edited and formatted Advance Article as soon as it is available. You can find more information about Accepted Manuscripts in the Information for Authors. Please note that technical editing may introduce minor changes to the text and/or graphics, which may alter content. The journal’s standard Terms & Conditions and the Ethical guidelines still apply. In no event shall the Royal Society of Chemistry be held responsible for any errors or omissions in this Accepted Manuscript or any consequences arising from the use of any information it contains. www.rsc.org/obc Page 1 of 7 Organic & Biomolecular Chemistry Journal Name RSCPublishing ARTICLE Selective chromo-fluorogenic detection of DFP (a Sarin and Soman mimic) and DCNP (a Tabun mimic) Cite this: DOI: 10.1039/x0xx00000x with a unique probe based on a boron dipyrromethene (BODIPY) dye Manuscript Received 00th January 2012, Accepted 00th January 2012 Andrea Barba-Bon,a,b Ana M. Costero,a,b* Salvador Gil,a,b Ramón Martínez- a,c,d a,c,d DOI: 10.1039/x0xx00000x Máñez, * and Félix Sancenón www.rsc.org/ A novel colorimetric probe (P4) for the selective differential detection of DFP (a Sarin and Soman mimic) and DCNP (a Tabun mimic) was prepared. -
Parental Child Abduction and the State: Identity, Diplomacy and the Duty of Care
The Hague Journal of Diplomacy 13 (2018) 167-187 brill.com/hjd Parental Child Abduction and the State: Identity, Diplomacy and the Duty of Care Kristin Haugevik Norwegian Institute of International Affairs (NUPI), N-0033 Oslo, Norway [email protected] Summary States alternate between the roles of ‘caretaker’ and ‘rescuer’ when providing care to citizens abroad. This article suggests that they are more likely to assume the ‘rescuer’ role when core values underpinning their self-identity are at stake. This dynamic is explored by examining a case where a Norwegian mother re-abducted her two chil- dren from Morocco. In the process, Norway’s foreign minister authorized shielding the children at the Norwegian Embassy in Rabat, citing ‘Norway’s duty to protect two Norwegian minors in fear of their lives’. A diplomatic conflict between Norway and Morocco followed. The Norwegian response must be seen in light of Norway’s self- identity as a frontrunner for children’s rights. Ultimately, helping the children ‘had’ to trump concerns about diplomatic costs. The broader dilemmas that this case exempli- fies should be relevant also to other cases where a state’s concern for a child citizen is pitted against its obligation to diplomatic conventions. Keywords duty of care – diplomacy – parental child abduction – identity – ministry of foreign affairs – Norway * The research behind this article was funded by the Research Council of Norway through the project ‘Duty of Care: Protection of Citizens Abroad’ (238066/H20). Early versions of the man- uscript were presented at workshops in Oslo, Atlanta and The Hague in 2016. The author would like to thank Rebecca Adler-Nissen, Morten S. -
Diplomatic Protection of Human Rights As Practised by South Africa and Nigeria
Diplomatic Protection of Human Rights as practised by South Africa and Nigeria Emmanuel Okon Submitted in fulfilment of the requirement for the degree Doctor Legum (LLD) In the Department of Public Law, Faculty of Law, University of Pretoria Under the supervision of Professors M. Olivier (Supervisor) C. Nicholson & M. Hansungule (Co-supervisors) 2010-06-15 © University of Pretoria DEDICATION To God, my family and friends i ACKNOWLEDGMENTS I owe a debt of gratitude to my supervisor and co-supervisors, Professors M Olivier, C Nicholson and M Hansungule, for their untiring patience and absolute dedication to duty, in guiding me with love, throughout this programme. Their professional insight, meticulous approach to the subject and understandable demand for details are reflected in the thesis. Indeed, this work is a product of the input from three great minds. I however accept full responsibility for any error of omission or commission in this thesis I thank the University of Uyo for granting me study leave with pay to study at the University of Pretoria. I also thank Ime Nkannor of the United Bank for Africa, for her selfless efforts towards assisting me throughout the duration of the programme, particularly, by remitting funds to me when I most needed them. My special gratitude goes to Carole Viljoen of the Centre for Human Rights in painstakingly helping in formatting and arranging this work. Without her invaluable input, perhaps the thesis would not have materialized in this appreciable form. I am also grateful to my family and friends for their support and understanding throughout the duration of the programme. -
HA Lee, R Gabriel, AJ Bale, D Welch. Clinical Findings in 111 Ex-Porton
J R Army Med Corps 2004; 150: 14-19 J R Army Med Corps: first published as 10.1136/jramc-150-01-03 on 1 March 2004. Downloaded from Clinical Findings In 111 Ex-Porton Down Volunteers HA Lee, R Gabriel, AJ Bale, D Welch ABSTRACT clothing. Also there has been considerable Objective research into protective pre-treatments and To determine whether the health of treatments for chemical and biological agent Porton Down volunteers (PDV) has poisoning and the effects of exposure to low suffered as a result of their participation doses of chemical warfare and potential in medical trials, during which they threat agents. These have included mustard were exposed to single low dose con- blister agents, organophosphate derivatives centrations of chemical warfare agents. such as nerve agents, lachrymators, vomiting inductors, incapacitants and antidotes. It is Methods this latter category of studies that has Data were obtained from a self-selected attracted most concern from the popular series of ex-Porton Down volunteers media and public alike. who attended the MOD’s Porton Down Approximately 3,000 volunteers have Volunteers’ Medical Assessment Prog- participated in studies involving nerve agents ramme (PDVMAP). One hundred and and about 6,000 with mustard gas. Some eleven men attended with a mean age of individuals have been potentially exposed to 62 (range 37-81) years. Information ob- both agents. Participation in such studies did tained was analysed to determine whe- not necessarily involve exposure to the agent ther clinical diagnoses and symptoms concerned; for instance, some volunteers reported had any relationship to acted as ‘control’ and where protective chemical exposures.