Suchergebnisse

Eight types of civic spaces are identified as a way of assessing trends in the vitality of civil society. In Pacific Asia, with its traditions of strong "developmental" states, the emergence of civic spaces has largely taken place through resistance and insurgence. However, ongoing political reforms lead to new possibilities for the routine provision of civic spaces that are open to all and are protected against state abuse by the rule of law. At the same time, the impacts of globalisation on civic spaces are emerging, as cities compete for international investment and as urban spaces become fragmented by global linkages and privatisation for commercial interests. Agendas for civic space policies thus need to pay attention not only to progressive reforms in state-civil society relations, but also to ways in which relations between localities and globalisation are transforming the contents and uses of urban spaces. (DSE/DÜI)

The position of Special Rapporteur on the Human Rights of Migrants was established in 1999 by the Commission on Human Rights.During the short period since her appointment, the Special Rapporteur has directed her attention to examining ways and means to overcome obstacles impeding the full and effective protection of the human rights of migrants, and also examining difficulties for the return of migrants who are undocumented or in irregular situations.This schedule has involved visits to governments and the dissemination of information on the legal framework and aspects of the mandate designed to explain the complexity of migration.The Special Rapporteur calls for increased efforts to ensure success of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in Durban, South Africa, in 2001. She also encourages those governments which have not yet ratified the International Convention to take the necessary steps.

607Consular relations — Protection of nationals — Limitations — Duty of non-interference in the internal affairs of receiving State — Vienna Convention on Consular Relations, 1963, Article 55 — Alleged violation of right to a fair trial — Whether permissible for State exercising protection to seek to intervene in the judicial processDiplomatic relations — Protection of nationals — Limitations — Duty of non-interference in the internal affairs of receiving State — Vienna Convention on Diplomatic Relations, 1961, Article 41 — Formal representations by State about treatment of its nationals — Requirement of exhaustion of local remediesHuman rights — Remedies — Allegations of torture of foreign nationals — Foreign nationals allegedly denied right to fair trial — Right of protection of State of nationality608Relationship of international law and municipal law — Conduct of foreign relations — Exercise by State of right to protect nationals abroad — Refusal by Government to intervene in judicial process in foreign State — Whether subject to judicial review — The law of England

384Economics, trade and finance — Trade in services — Broadcasting — Australia-New Zealand Closer Economic Relations Trade Agreement in force 1 January 1983 — Trade in Services Protocol in force 1 January 1989 — Articles 4 and 5(1) of Protocol — Equal access and treatment for New Zealand film and television industry in Australian market — Australia's treaty obligationsRelationship of international law and municipal law — Treaties — Effect in municipal law — Broadcasting Services Act 1992 (Cth) — Section 122 of Act empowering Australian Broadcasting Authority to determine Australian Content Standard — Section 160(d) of Act requiring Australian Broadcasting Authority to perform its obligations in manner consistent with Australia's treaty obligations — Clause 9 of Standard favouring Australian television programmes — Whether Clause 9 of Standard conflicting with Articles 4 and 5 of Protocol — Interpretation and compatibility of Sections 122 and 160 of Act — Whether Clause 9 of Standard made in breach of Act — Validity of Standard — The law of Australia

367Human rights — Privacy — Right to respect for private life — Sexual privacy — Discrimination — Administrative discharge of applicants from armed forces on ground of homosexual orientation — Government policy banning homosexuals from serving in armed forces — Exercise of prerogative power — Defence of the realm — Applicants challenging legality of discharges — Whether challenge justiciable — Whether policy irrational — Public interest of effective fighting force — Grave assault on human rights — Balance of interests — Whether decision of Minister outrageously defying logic or accepted moral standards — Whether policy lawfulRelationship of international law and municipal law — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 — Article 8 — Right to respect for private and family life — Whether Convention part of domestic law of England — Whether applicable — Equal Treatment Directive — Direct effect under European Community law — Distinction between gender and sex discrimination — Whether applicable — The law of England

Governments — Recognition — Change of government following coup d'état — Criteria for determining whether organizers of coup now the government — Constitutional status — Degree, nature and stability of control over the territory of the State — Dealings between United Kingdom Government and new regime — Extent of international recognition of regime — Board of directors of company appointed by government of foreign State — Company possessing bank account with London bank — Directors appointed as signatories for bank account — New regime purporting to dismiss directors and appoint replacements — New directors giving fresh instructions to bank — Whether bank obliged to honour instructions from original board of directors or newly appointed board of directorsRecognition — Governments — United Kingdom policy on recognition — 1980 statement — Coups d'état — Letters from Foreign and Commonwealth Office indicating attitude of 467United Kingdom Government towards new regime — Approach to be taken by courts — The law of England

Diplomatic relations — Immunity — Immunity from jurisdiction and execution — Diplomatic premises — Eviction order — Whether enforceable in courts of receiving State — Inviolability of diplomatic premises — Vienna Convention on Diplomatic Relations, 1961, Article 22 — Whether declaratory of customary international law — Duty of receiving State to assist in provision of premises for diplomatic mission — Vienna Convention on Diplomatic Relations, Article 21 — Scope of duty of receiving State — Whether conferring rights of enforcement on individualsInternational tribunals — European Commission of Human Rights — Jurisdiction — Whether Commission competent to examine complaint relating to implementation of Vienna Convention on Diplomatic Relations, 1961Human rights — Access to courts — Whether denial of access may be justified by traditional diplomatic immunities — Proceedings concerning eviction order against diplomatic premises — 154Whether complaint may be lodged against length of proceedings where domestic courts have asserted jurisdiction to rule on the merits — European Convention on Human Rights, 1950, Article 6(1)

Sudanese migration is one of the most recent waves from the developing world to the US and Canada. Previous studies on Sudanese international migration were concerned with migration to Egypt and the oil‐rich Arab countries (i.e. Kuwait, Saudi Arabia, United Arab Emirates, Libya, Qatar and Iraq). This article, the first on Sudanese‐New World migration, focuses on the period since the advent of the current Islamic military government of Lieutenant General Umar al Bashir in 1989, the Gulf war of 1991 and the renewal of the civil war in the Sudan. The article demonstrates that an earlier, small, temporary migration from the Sudan to the New World, based principally (but not exclusively) on seeking higher education, has been replaced by a larger migration stemming from political unrest, economic stringency and a perceived lack of choice in migration. The article also provides basic descriptive data on this phenomenon.

Chinese Immigrants in Spain or European Citizens ?
Joaquin BELTRÁN ANTOLÍN
Chinese in Spain are one of the foreign communities with the highest growing rate the last years. The undercommunity coming from Qingtian-Wenzhou is the most important. Born with the coolies of the 20's and 30's, its extraordinary growth coincides with the China opening to foreign world as well as the entrance of Spain in the CEE and its transformation in an attractive country for the non CEE countries immigrants.
First have been developing the chinese restaurants especially in the touristic zones. Many of them, front the outset, are extensions of the restaurants channels with bases in other European countries. The existence of family, international, commercial networks, with an internal mobility of manpower, capital, help, etc.. is the most important characteristic about present Chinese immigrants in Europe who are, practically, more European citizens than the Europeans themselves.

1Territory — Boundaries — Principles of delimitation — Delimitation by treaty — Treaty referring to boundary lines in other international instruments — Instruments referred to not binding on one of the parties to the treaty — Whether treaty establishing boundary by reference to other instruments — Principle of stability of boundaries — Treaty of limited duration — Whether boundary established by treaty also of limited duration — Colonial boundaries — Principle ofuti possidetis— Application in Africa — Conduct — Estoppel, acquiescence and protestTreaties — Interpretation — Principles of interpretation — Emphasis on text in context — Object and purpose of agreement — Reference totravaux préparatoires— Whether necessary where textual analysis yields unambiguous meaning — Subsequent conduct of the parties — Effectiveness — Good faithTreaties — Termination — Treaty of limited duration — Period of treaty's duration coming to an end — Effect on boundary established by treatyState succession — Treaties — General principles — Boundary treaties — Treaty concluded by Libya after independence referring to treaties concluded between colonial powers at earlier date

La propension des jeunes à émigrer : le cas de l'Uruguay
Adela PELLEGRINO
Dans cet article, nous présentons le cas de l ' Uruguay comme pays d'émigration, sur la base des résultats de l'Enquête Nationale sur la Jeunesse, dont une partie est destinée à l'étude de la propension migratoire. Le quart des jeunes uruguayens se propose d'aller vivre à l'étranger, du moins temporairement. Il s'agit surtout de jeunes appartenant aux foyers de revenus moyens et moyens-élevés, qui se proposent d'émigrer "à la recherche d'un meilleur avenir".
L'enquête montre l'importance qu'il faut donner dans l'analyse de la migration internationale aux éléments de nature culturelle et à ceux qui permettent d'évaluer l'incidence des aspirations de mobilité sociale ou d'amélioration du mode de vie. Tous ces aspects doivent être replacés dans le contexte général du processus de globalisation économique et culturelle dans lequel les références sont celles du monde développé.

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Supremacy of Community law — Conflict between Community legislation and subsequent national law — Whether ordinary courts under automatic duty not to apply conflicting national provision — Principle that full effectiveness of Community law must be ensured — Nature of legal order established by Treaty — Basis for binding nature of Community law — Spanish Constitution, Article 93 — Whether Community law endowed with constitutional rank and forceTreaties — Effect in municipal law — EEC Treaty, 1957 — Incorporation of Community law into national legal order — Spanish Constitution, Article 96 — "Infra-constitutional" nature of Community law — Constitutional challenge to national legislation on the basis of violation of Community law — Whether 247Constitutional challenge on such basis is admissible — Whether conformity with Community legislation constituting yardstick by which to judge constitutionality of national provisions — The law of Spain

State succession — Treaties — Extradition Treaty — Whether newly-independent State succeeding to rights and obligations under Extradition Treaty — Denmark-United States Extradition Treaty, 1902 — Whether Iceland becoming party to Extradition Treaty on independence — Significance of the views of the United States and Icelandic Governments — Termination of Treaty between Denmark and the United States — SignificanceTreaties — Duration — State succession — Extradition Treaty — Whether binding upon newly-independent State — Termination of treaty by former colonial power subsequent to granting of independence to newly-independent State — Effect105Extradition — Conditions — Allegations that accused would be mistreated if extradited — Whether matter for Executive or courtsRelationship of international law and municipal law — Conduct of foreign relations — Role of the Executive and the courts — Treaties — Determination as to whether treaty in force with foreign State — Whether determination to be made by the Executive or the courts — The law of the United States

90Recognition — Governments — Access by governments to foreign municipal courts — Whether formal recognition of government necessary — Liberia — Civil war — National Patriotic Reconstruction Assembly Government and Interim Government for National Unity — Both entities claiming to be lawful government of Liberia — Neither entity recognized by United States — Whether either entity permitted to bring suit in the United States Federal Courts — Statement by State Department that Interim Government for National Unity should have access to municipal courts — Significance of needs of Executive in conduct of foreign relationsGovernments — Change of government — Effects — Whether affecting sovereignty and rights of State — Liberia — Property belonging to Liberia held by third party — Whether Liberia's right to property affected by a change of government following civil warRelationship of international law and municipal law — Conduct of foreign relations — Recognition of foreign governments — Conclusiveness of recognition by the Executive — Political question doctrine — The law of the United States

Treaties — Implementation — Effect in municipal courts — China-United Kingdom Joint Declaration on the Future of Hong Kong, 1984 — Whether provisions concerning grants of land justiciable in municipal courts — Government announcing implementation of the Joint Declaration — Whether giving rise to a justiciable legitimate expectationRelationship of international law and municipal law — Treaties — China-United Kingdom Joint Declaration on the Future of Hong Kong, 1984, and accompanying Government announcements — Whether in the realm of treaties — Whether Joint Declaration incorporated into municipal law — Whether justiciable in municipal courts — Joint Declaration providing for Crown leases of lands to be extended without payment of premium — Whether applicant entitled to have his land lease renewed under the terms of the Joint Declaration — Determination of Government policy involving construction of the terms of the Joint Declaration — Whether courts permitted to construe the terms of the Joint Declaration — The law of Hong Kong