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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 -
Timeline of Key Events: March 2011: Anti-Government Protests Broke
Timeline of key events: March 2011: Anti-government protests broke out in Deraa governorate calling for political reforms, end of emergency laws and more freedoms. After government crackdown on protestors, demonstrations were nationwide demanding the ouster of Bashar Al-Assad and his government. July 2011: Dr. Nabil Elaraby, Secretary General of the League of Arab States (LAS), paid his first visit to Syria, after his assumption of duties, and demanded the regime to end violence, and release detainees. August 2011: LAS Ministerial Council requested its Secretary General to present President Assad with a 13-point Arab initiative (attached) to resolve the crisis. It included cessation of violence, release of political detainees, genuine political reforms, pluralistic presidential elections, national political dialogue with all opposition factions, and the formation of a transitional national unity government, which all needed to be implemented within a fixed time frame and a team to monitor the above. - The Free Syrian Army (FSA) was formed of army defectors, led by Col. Riad al-Asaad, and backed by Arab and western powers militarily. September 2011: In light of the 13-Point Arab Initiative, LAS Secretary General's and an Arab Ministerial group visited Damascus to meet President Assad, they were assured that a series of conciliatory measures were to be taken by the Syrian government that focused on national dialogue. October 2011: An Arab Ministerial Committee on Syria was set up, including Algeria, Egypt, Oman, Sudan and LAS Secretary General, mandated to liaise with Syrian government to halt violence and commence dialogue under the auspices of the Arab League with the Syrian opposition on the implementation of political reforms that would meet the aspirations of the people. -
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. -
A Retrospective on the So-Called Revolution in Military Affairs, 2000-2020
SECURITY, STRATEGY, AND ORDER A RETROSPECTIVE ON THE SO-CALLED REVOLUTION IN MILITARY AFFAIRS, 2000-2020 MICHAEL O’HANLON A RESTROSPECTIVE ON THE SO-CALLED REVOLUTION IN MILITARY AFFAIRS, 2000-2020 MICHAEL O’HANLON EXECUTIVE SUMMARY1 This paper revisits the debate that raged in American defense circles in the 1990s over whether a revolution in military affairs was imminent in the early parts of the 21st century. It also seeks to establish a benchmark, and reaffirm as well as refine a methodology, for forecasting future changes in military-related technologies by examining what has transpired in the first two decades of the 21st century. Taking this approach helps improve and validate the methodology that is employed in my forthcoming book, The Senkaku Paradox: Risking Great Power War Over Small Stakes (2019). A subsequent paper seeks to extrapolate a similar analysis out to 2040, gauging the potential for major breakthroughs in military technology and associated operational concepts over the next two decades. Such analysis is of critical importance for evaluating American and allied military and strategic options relevant to great-power war and deterrence in the years ahead. The paper’s category-by-category examination of military technology mirrors the approach that I employed in a book published in 2000, Technological Change and the Future of Warfare (though it really should have been entitled, The So-Called Revolution in Military Affairs, because I was largely challenging the then-popular notion that a military revolution of historic importance was afoot). Much of the research foundation of that book was the study of a list of 29 different types of technologies in an attempt to gauge which might undergo revolutionary change by 2020. -
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. -
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. -
Russian Intelligence Services and Special Forces
BRIEFING PAPER Number CBP 8430, 30 October 2018 Russian intelligence By Ben Smith services and special forces Contents: 1. KGB reborn? 2. GRU 3. Spetsnaz 4. What’s new? www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Russian intelligence services and special forces Contents Summary 3 1. KGB reborn? 4 1.1 FSB 4 1.2 SVR 5 1.3 FSO and GUSP 5 2. GRU 7 Cyber warfare 7 NCSC Review 8 3. Spetsnaz 9 4. What’s new? 12 Cover page image copyright: Special operations forces of the Russian Federation by Ministry of Defence of the Russian Federation (Mil.ru). Licensed under the Creative Commons Attribution 4.0 International license / image cropped. 3 Commons Library Briefing, 30 October 2018 Summary The Salisbury incident and its aftermath brought the Russian secret services into the spotlight. Malcolm Chalmers of Royal United Services Institute said Russian security services were going well beyond normal spying practice: “By launching disruptive operations that threaten life in target societies, they blur the line between war and peace”. The main domestic service, the FSB, is a successor to the Communist-era KGB. It is responsible for counter-terrorism and counter espionage and Russian information security. Critics say that it continues the KGB’s work of persecution of ‘dissidents’ and is guilty of torture and other human rights violations, and of extortion and corruption. One estimate put its staff complement at 200,000, and it has grown in power, particularly since the election of Vladimir Putin as President of Russia. -
HJS 'Putin Sees and Hears It All' Report.Qxd
Putin SeeS and HearS it all: How ruSSia’S intelligence agencieS Menace tHe uK BY DR ANDREW FOXALL DEMOCRACY | FREEDOM | HUMAN RIGHTS November 2018 First published in 2018 by The Henry Jackson Society. The Henry Jackson Society Millbank Tower 21-24 Millbank London SW1P 4QP Registered charity no. 1140489 Tel: +44 (0)20 7340 4520 www.henryjacksonsociety.org © The Henry Jackson Society, 2018. All rights reserved. The views expressed in this publication are those of the author and are not necessarily indicative of those of The Henry Jackson Society or its Trustees. Title: “PuTiN SEES AND HEARS iT ALL: HOW RuSSiA’S iNTELLigENcE AgENciES MENAcE THE uK” By: Dr Andrew Foxall Putin SeeS and HearS it all: How ruSSia’S intelligence agencieS Menace tHe uK BY DR ANDREW FOXALL November 2018 PuTiN SEES AND HEARS iT ALL “Dr. Foxall’s report forcefully reminds us that Russian Intelligence activity in the West is still large scale and intrusive, and that we need to devote significant resources and expertise ourselves to monitoring and blunting this threat to our national security. As during the Cold War an effective counterintelligence capability remains an essential part of our own intelligence and security community.” Sir richard dearlove KcMg oBe chief of the Secret intelligence Service (Mi6) (1999-2004) “Anyone who is relaxed or complacent about Russian intelligence activity in the United Kingdom should read this Report. Not only have we experienced the murder of Litvinenko and the attempted murder of the Skripals on British soil, Britain and the West as a whole face an unrelenting assault from Putin’s bloated intelligence and security agencies. -
The Ukrainian Weekly, 2020
INSIDE: l Remembering the Crimean Tatars’ Genocide – page 3 l Our community copes with COVID-19 – page 4 l The generation of 1919: three scholars – page 9 THE UKRAINIAN WEEKLY Published by the Ukrainian National Association Inc., a fraternal non-profit association Vol. LXXXVIII No. 21 THE UKRAINIAN WEEKLY SUNDAY, MAY 24, 2020 $2.00 NEWS ANALYSIS World remembers Genocide Assessing a year of Zelenskyy and foreign policy developments of Crimean Tatar people Presidential Office The Crimean Tatar flag with a black mourning ribbon is displayed in Kyiv. by Roman Tymotsko for raising the Crimean Tatar flag with a Presidential Office of Ukraine mourning ribbon and urged the public to President Volodymyr Zelenskyy speaks during his press conference on May 20. KYIV – On May 18, Ukraine remembered light candles in their windows on the night the victims of Joseph Stalin’s genocidal of May 17-18. by Bohdan Nahaylo Ukraine made no mistake in making the deportation of the Crimean Tatar people President Volodymyr Zelenskyy European choice. After all, a friend in need from Crimea. On that day in 1944, the first addressed the nation on May 18. “We believe KYIV – While attention in Ukraine has is a friend indeed,” President Zelenskyy trainloads of Crimean Tatars were forcibly that the day will surely come when Crimea remained focused on coping with the coro- emphasized. He elaborated that the EU resettled from the peninsula to Central Asia will return to Ukraine,” he said. “Crimean navirus pandemic and meeting the condi- funds will also help guarantee Ukraine’s and Siberia. In total, about 200,000 people Tatars and Ukrainians will return to their tions to secure further financial support macroeconomic stability. -
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. -
Chemical Weapons INDIVIDUALS
CONSOLIDATED LIST OF FINANCIAL SANCTIONS TARGETS IN THE UK Last Updated:20/08/2021 Status: Asset Freeze Targets REGIME: Chemical Weapons INDIVIDUALS 1. Name 6: AHMED 1: FIRAS 2: n/a 3: n/a 4: n/a 5: n/a. Title: Colonel DOB: 21/01/1967. a.k.a: (1) AHMAD (2) AHMAD, Firas Nationality: Syrian Position: Head of Security Office at Institute 1000 of the SSRC Other Information: (UK Sanctions List Ref):CHW0001 Date designated on UK Sanctions List: 31/12/2020 (Further Identifiying Information):Important employee at Scientific Studies and Research Centre (listed under the EU's Chemical Weapons and Syria sanctions regime). (UK Statement of Reasons):Colonel Firas Ahmed is the Director of the Security Office of Institute 1000, the division of the Scientific Studies and Research Centre (SSRC) responsible for developing and producing computer and electronic systems for Syria’s chemical weapons programme.He was involved in transferring and concealing chemical weapons related materials following Syria’s accession to the Chemical Weapons Convention.Due to his senior position within Institute 1000 of the SSRC, he is associated with the SSRC. (Gender):Male Listed on: 21/01/2019 Last Updated: 31/12/2020 Group ID: 13749. 2. Name 6: ALEXANDROV 1: ALEXEY 2: n/a 3: n/a 4: n/a 5: n/a. DOB: 16/06/1981. a.k.a: FROLOV, Alexey Position: FSB Operative attached to Criminalistics Institute Other Information: (UK Sanctions List Ref):CHW0018 (UK Statement of Reasons):Alexey Alexandrov is an FSB operative in the Criminalistics Institute - Military Unit 34435. Evidence including phone and travel records suggest that Alexey Alexandrov was one of the operatives involved in the use of a chemical weapon in the attempted assassination of Russian opposition leader Alexey Navalny during his August 2020 visit to Siberia.