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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 -
Gen John W. Vessey, Jr Interviewer: Thomas Saylor, Ph.D
Narrator: Gen John W. Vessey, Jr Interviewer: Thomas Saylor, Ph.D. Date of interview: 19 February 2013 Location: Vessey residence, North Oaks, MN Transcribed by: Linda Gerber, May 2013 Edited for clarity by: Thomas Saylor, Ph.D., September 2013 and February 2014 (00:00:00) = elapsed time on digital recording TS: Today is Tuesday, 19 February 2013. This is another of our ongoing interview cycle with General John W. Vessey, Jr. My name is Thomas Saylor. Today we’re at the Vessey residence in North Oaks, Minnesota, on a bright, clear and very cold winter day. General Vessey, we wanted at first to add some additional information and perspective on Lebanon, going back to 1983. I’ll let you put the conversation in motion here. JV: After we talked last week I got to thinking that we hadn’t really explained as fully as we might have the confusion and the multiple points of view that existed both in the United States and in the world in general about Lebanon and our involvement. I’m not sure that what I remembered after you left will add any clarity to (chuckles) your reader’s understanding, but at least they’ll understand the muddled picture that I was looking at, at the time. TS: And that’s important, because even in the contemporary news accounts of the time there is a sense of confusion and wondering really what the Americans are trying to accomplish, as well as the fact that the Americans aren’t the only Western force even in Lebanon at the time. -
Underrepresented Communities Historic Resource Survey Report
City of Madison, Wisconsin Underrepresented Communities Historic Resource Survey Report By Jennifer L. Lehrke, AIA, NCARB, Rowan Davidson, Associate AIA and Robert Short, Associate AIA Legacy Architecture, Inc. 605 Erie Avenue, Suite 101 Sheboygan, Wisconsin 53081 and Jason Tish Archetype Historic Property Consultants 2714 Lafollette Avenue Madison, Wisconsin 53704 Project Sponsoring Agency City of Madison Department of Planning and Community and Economic Development 215 Martin Luther King, Jr. Boulevard Madison, Wisconsin 53703 2017-2020 Acknowledgments The activity that is the subject of this survey report has been financed with local funds from the City of Madison Department of Planning and Community and Economic Development. The contents and opinions contained in this report do not necessarily reflect the views or policies of the city, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the City of Madison. The authors would like to thank the following persons or organizations for their assistance in completing this project: City of Madison Richard B. Arnesen Satya Rhodes-Conway, Mayor Patrick W. Heck, Alder Heather Stouder, Planning Division Director Joy W. Huntington Bill Fruhling, AICP, Principal Planner Jason N. Ilstrup Heather Bailey, Preservation Planner Eli B. Judge Amy L. Scanlon, Former Preservation Planner Arvina Martin, Alder Oscar Mireles Marsha A. Rummel, Alder (former member) City of Madison Muriel Simms Landmarks Commission Christina Slattery Anna Andrzejewski, Chair May Choua Thao Richard B. Arnesen Sheri Carter, Alder (former member) Elizabeth Banks Sergio Gonzalez (former member) Katie Kaliszewski Ledell Zellers, Alder (former member) Arvina Martin, Alder David W.J. McLean Maurice D. Taylor Others Lon Hill (former member) Tanika Apaloo Stuart Levitan (former member) Andrea Arenas Marsha A. -
State, Foreign Operations, and Related Programs Appropriations for Fiscal Year 2018
STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS FOR FISCAL YEAR 2018 TUESDAY, MAY 23, 2017 U.S. SENATE, SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, Washington, DC. The subcommittee met at 2:30 p.m. in room SD–124, Dirksen Senate Office Building, Hon. Lindsey Graham (chairman) pre- siding. Present: Senators Graham, Shaheen, Lankford, Leahy, Daines, Boozman, Merkley, and Van Hollen. U.S. ASSISTANCE FOR THE NORTHERN TRIANGLE OF CENTRAL AMERICA STATEMENTS OF: HON. JOHN D. NEGROPONTE, VICE CHAIRMAN OF McLARTY ASSO- CIATES, U.S. CO-CHAIR, NORTHERN TRIANGLE SECURITY AND ECONOMIC OPPORTUNITY TASK FORCE, ATLANTIC COUNCIL ADRIANA BELTRA´ N, SENIOR ASSOCIATE FOR CITIZEN SECURITY, WASHINGTON OFFICE ON LATIN AMERICA ERIC FARNSWORTH, VICE PRESIDENT OF THE COUNCIL OF THE AMERICAS JOHN WINGLE, COUNTRY DIRECTOR FOR HONDURAS AND GUATE- MALA, MILLENNIUM CHALLENGE CORPORATION OPENING STATEMENT OF SENATOR LINDSEY GRAHAM Senator GRAHAM. The hearing will come to order. Senator Leahy is on his way. We have Senator Shaheen and Senator Lankford, along with myself. We have a great panel here. John Negroponte, Vice Chairman at McLarty Associates, who has had about every job you can have from Director of National Intelligence to ambassadorships all over the world, and has been involved in this part of the world for a very long time. Thanks, John, for taking time out to pariticipate. Eric Farnsworth, Vice President, Council of the Americas. Thank you for coming. John Wingle, the Millennium Challenge Corpora- tion Country Director for Honduras and Guatemala. Adriana Beltra´n, Senior Associate for Citizen Security, Washington Office on Latin America, an NGO heavily involved in rule of law issues. -
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. -
Managing the United States-Mexico Border: Cooperative Solutions to Common Challenges
Managing the United States-Mexico Border: Cooperative Solutions to Common Challenges Full Report of the Binational Task Force on the United States-Mexico Border Full Report Managing the United States-Mexico Border: Cooperative Solutions to Common Problems Full Report of the Binational Task Force on the United States-Mexico Border Executive Summary Task Force Co-Chairs Robert C. Bonner Andrés Rozental Former Commissioner of U.S. Customs Former Deputy Foreign Minister of and Border Protection; Mexico; Former President and Founder Former Administrator, Drug Enforcement Mexican Council on Foreign Relations Administration (COMEXI) Task Force Co-Directors Carlos Heredia Chappell Lawson Research Fellow, Centro de Associate Professor of Political Science, Investigación y Docencia Económicas Massachusetts Institute of Technology; (CIDE); Former Member of the Mexican Adjunct Fellow, Pacific Council on Congress International Policy 1 Full Report Task Force Members Ruben Barrales, President and Chief Executive Officer, San Diego Regional Chamber of Commerce, and former Director, White House Office of Intergovernmental Affairs Malin Burnham, Vice Chairman, Cushman & Wakefield of San Diego Jorge Chabat, Professor and Research Fellow, (CIDE) Luis de la Calle, Managing Director and founding Partner of De la Calle, Madrazo, Mancera, SC, and former Deputy Secretary of Commerce of Mexico. Lee Cullum, Syndicated Columnist and Television Commentator based at the Dallas Morning News Jeffrey Davidow, President of the Institute of the Americas, former U.S. Ambassador to Mexico, and former U.S. Assistant Secretary of State for Western Hemisphere Affairs Carlos Alfonso de la Parra, Professor and Researcher of the Urban and Environmental Studies Department, El Colegio de la Frontera Norte (COLEF), Tijuana Gary L. -
John E Holmes: an Early Wisconsin Leader
Wisconsin Magazine of History TIte Anti-McCarthy Camf^aign in Wisconsin, 1951—1952 MICHAEL O'BRIEN Wisconsin Labor and the Campaign of 1952 DAVID M. OSHINSKY Foreign Aid Under Wrap: The Point Four Program THOMAS G. PATERSON John E. Holmes; An Early Wisconsin Leader STUART M. RICH Reminiscences of Life Among tIte Chif^pxva: Part Four BENJAMIN G. ARMSTRONG Published by the State Historical Society of Wisconsin / Vol. 56, No. 2 / Winter, 1972-1973 THE STATE HISTORICAL SOCIETY OF WISCONSIN JAMES MORTON SMITH, Director Officers E. DAVID CRONON, President GEORGE BANTA, JR., Honorary Vice-President JOHN C. GEILFUSS, First Vice-President E. E. HOMSTAD, Treasurer HOWARD W. MEAD, Second Vice-President JAMES MORTON SMITH, Secretary Board of Curators Ex Officio PATRICK J. LUCEY, Governor of the State CHARLES P. SMITH, State Treasurer ROBERT C. ZIMMERMAN, Secretary of State JOHN C. WEAVER, President of the University MRS. GORDON R. WALKER, President of the Women's Auxiliary Term Expires, 1973 THOMAS H. BARLAND MRS. RAYMOND J. KOLTES FREDERICK I. OLSON DONALD C. SLIGHTER Eau Claire Madison Wauwatosa Milwaukee E. E. HOMSTAD CHARLES R. MCCALLUM F. HARWOOD ORBISON DR. LOUIS C. SMITH Black River Falls Hubertus Appleton Lancaster MRS. EovifARD C. JONES HOWARD W. MEAD NATHAN S. HEFFERNAN ROBERT S. ZIGMAN Fort Atkinson Madison Madison Milwaukee Term Expires, 1974 ROGER E. AXTELL PAUL E. HASSETT ROBERT B. L. MURPHY MILO K. SWANTON Janesville Madison Madison Madison HORACE M. BENSTEAD WILLIAM HUFFMAN MRS. WM. H. L. SMYTHE CEDRIC A. Vic Racine Wisconsin Rapids Milwaukee Rhinelander REED COLEMAN WARREN P. KNOWLES WILLIAM F. STARK CLARK WILKINSON Madison Madison Nashotah Baraboo Term Expires, 1975 E. -
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. -
University of Minnesota
UNIVERSITY OF MINNESOTA CoLLEGE OF LIBERAL ARTS Congratulations, CLA Graduate! We come together today-family and friends, students and faculty-to celebrate a major milestone in your life. You have studied hard to achieve the goal for which we honor you-a degree from the College of Liberal Arts at the University of Minnesota. Whatever your major-economics or art, English or Japanese, psychology or American Indian Studies you have been privileged to learn from, and with, some of the finest professors in the country. You have listened, critiqued, challenged and been challenged, made connections, found meaning, explored and created-all under the guidance of world-class scholars at one of the world's great universities. I am confident that, wherever you go from here, your CLA undergraduate education will be a foundation for a good life, however you define it. You have not simply acquired specialized skills for a job "in your field." You have been challenged to reach beyond today to build for tomorrow; to be a leader; to think critically and creatively, cross boundaries, think and act with vision, courage, and wisdom. My only advice to you now is to apply these values wisely and well: do what you love and follow your dreams. And remember, your first job out of college is just that-your first job. If the soothsayers are right, you will change careers several times in your lifetime. With your CLA education, you'll be ready when change comes; indeed, you'll be on the leading edge of change. I do hope that your CLA education has touched you profoundly and that you have been transformed in deep and important ways. -
Henry Maier, the Wisconsin Alliance of Cities, and the Movement to Modify Wisconsin's State Shared Revenues
University of Wisconsin Milwaukee UWM Digital Commons Theses and Dissertations May 2020 Redistributing Resources: Henry Maier, the Wisconsin Alliance of Cities, and the Movement to Modify Wisconsin's State Shared Revenues Samantha J. Fleischman University of Wisconsin-Milwaukee Follow this and additional works at: https://dc.uwm.edu/etd Part of the History Commons, and the Political Science Commons Recommended Citation Fleischman, Samantha J., "Redistributing Resources: Henry Maier, the Wisconsin Alliance of Cities, and the Movement to Modify Wisconsin's State Shared Revenues" (2020). Theses and Dissertations. 2498. https://dc.uwm.edu/etd/2498 This Thesis is brought to you for free and open access by UWM Digital Commons. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of UWM Digital Commons. For more information, please contact [email protected]. REDISTRIBUTING RESOURCES: HENRY MAIER, THE WISCONSIN ALLIANCE OF CITIES, AND THE MOVEMENT TO MODIFY WISCONSIN’S STATE SHARED REVENUES by Samantha Fleischman A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Science in Urban Studies at The University of Wisconsin-Milwaukee May 2020 ABSTRACT REDISTRIBUTING RESOURCES: HENRY MAIER, THE WISCONSIN ALLIANCE OF CITIES, AND THE MOVEMENT TO MODIFY WISCONSIN’S STATE SHARED REVENUES by Samantha Fleischman The University of Wisconsin-Milwaukee, 2020 Under the Supervision of Professor Amanda Seligman During the 1960s, the City of Milwaukee was enduring fiscal distress. Mayor of Milwaukee, Henry Maier, turned to the State of Wisconsin to modify the state shared revenues formula as a method to increase funding for central cities. Maier created the Wisconsin Alliance of Cities, which was comprised of mayors throughout the state, in order to gain the support needed to pass formula changes through legislation. -
Toward the Design of a Future Internet David D. Clark Version 6 of July 8, 2009
Toward the design of a Future Internet David D. Clark Version 6 of July 8, 2009 Version notes: Version 1.0 : More or less a complete draft up through section 7. Section 8 is fragments that will be incorporated into next version. Whole document should be viewed as very rough and potentially very incomplete. Version 2.0: First initial draft of sections on naming and addressing. Version 2.1: Small fixes to tunnels and anycast discussion. Version 3.0: section on application design patterns added. Version 4.0: Preface and restructure of architectural design principles Version 4.1, 4.2, 4.3: slight revisions. Section 8 still incomplete. Version 5.0: Added section on longevity. Version 5.1, 5.2: General cleanup and additions. Version 6.0: additions to security, move section on application design patterns Notes for revision: Acknowledgement: The research reported here and the preparation of this document was supported by the Office of Naval Research under contract N00014-08-1-0898, and by the National Science Foundation under agreement 0836555. The opinions contained are those of the author, and do not reflect the opinions of the supporting agencies. I appreciate extensive comments on this document from John Wroclawski, Peter Neuman, and (others). 1 Preface The origin of this document and where it is going. This document is one very preliminary proposal for the design of a Future Internet—an outline of requirements and architecture. This document should only be seen as a first step in such a proposal; there are many parts that remain to be considered and elaborated.