Suchergebnisse

Diplomatic relations — Inviolability of diplomatic mission — Duty of receiving State to protect embassy premises — Vienna Convention on Diplomatic Relations 1961, Article 22(2) — Occupation of embassy and taking of hostages by foreign dissidents — Whether authorities in receiving State entitled to institute criminal proceedings for offences committed on embassy premises — Whether embassy premises forming part of territory of receiving StateRelationship of international law and municipal law — Crimes against international law — Seizure of embassy and taking of hostages — Whether perpetrators subject to criminal prosecution in receiving State — Whether defence of necessity available to perpetrators seeking to draw attention to unlawful acts of communist government — Principle of proportionality — The law of Switzerland

Discusses the nature, implications, & problems facing recent attempts to establish a democratic criminal justice system in Spain. Prior to the death of dictator Francisco Franco in 1975, the penal system was characterized by death penalties & long sentences inflicted on political prisoners. However, the transition toward democracy has led to a number of reforms grounded in the legal tenets of the Spanish constitution: the principles of legality, proportionality of punishment, the rule of law, & commitment to rehabilitation. Despite these admirable goals, imprisonment remains the primary means of criminal retribution, & prisons are currently in a state of crisis due to overcrowding, lack of staff, & skyrocketing levels of drug use & human immunodeficiency virus/acquired immune deficiency syndrome infection. Spain remains an ideal example of the punitive inflation & ideological contradictions evidenced in criminal justice systems throughout the world. However, the growing presence & acceptance of psychology, sociology, & anthropology have facilitated critiques of the current system & encouraged discussion of viable alternatives to imprisonment. 2 Tables, 29 References. T. Sevier

Relationship of international law and municipal law — Crimes against international law — Punishment by municipal courts — Shooting of persons at Berlin Wall by border guards of German Democratic Republic — Prosecution of border guards for homicide following re-unification of Germany — Whether shooting justified to prevent escape to the West under Border Law of German Democratic Republic — Whether shootings at Berlin Wall comparable to mass murder by Nazis — Test of whether acts committed on order of the State exceeded limits set by universally recognized general principles of law — International Covenant on Civil and Political Rights, 1966 — Whether providing yardstick for universally accepted minimum standards365Human rights — Right to life — International Covenant on Civil and Political Rights, 1966 — Article 6(1) — Arbitrary deprivation of life — Border regime of German Democratic Republic — Instructions to border guards to shoot to kill if necessary in order to prevent escapes to the West — Whether constituting arbitrary deprivation of life — Principle of proportionality — Whether interest of German Democratic Republic in preventing escape of its citizens ever justifying use of firearmsHuman rights — Freedom of movement — Right to leave one"s country — International Covenant on Civil and Political Rights, 1966 — Article 12(1) and (3) — General denial of right to nationals of German Democratic Republic — Whether violation of International CovenantHuman rights — Procedure for enforcement — Fundamental rights under Basic Law of Federal Republic of Germany — Article 103(2) — Non-retroactivity of criminal law — Scope of rule — Exception for acts which are criminal according to general principles of law recognized by the community of nations — International Covenant on Civil and Political Rights, 1966, Article 15(2)Relationship of international law and municipal law — Act of State and justiciability — Whether act of State doctrine a general rule of international law — Whether applicable in Federal Republic of Germany — Whether acts of foreign State subject to judicial review in Federal Republic — Whether Unification Treaty, 1990, preventing acts of authorities in German Democratic Republic from being reviewed by courts of Federal RepublicState immunity — Jurisdictional immunity — Foreign armed forces — Prosecution in Federal Republic of Germany of former border guard of German Democratic Republic for murder — Whether soldier acting as agent of foreign State entitled to jurisdictional immunity — Demise of German Democratic Republic following re-unification of Germany — Whether constituting a bar to assertion of jurisdictional immunityTerritory — Effects of change of sovereignty — Re-unification of Germany — Legal consequences — Whether border guards of former German Democratic Republic subject to criminal prosecution in Republic of Germany following re-unificationTreaties — Effect in municipal law — Conflict with municipal law — Whether treaty provisions taking precedence — Duty of courts to interpret municipal law consistently with treaty provisions if possible — International Covenant on Civil and Political Rights, 1966 — Effect of ratification by German Democratic Republic — Conflict with Border Law of German Democratic Republic, 1982 — The law of the Federal Republic of Germany