Suchergebnisse

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

The paper reports on an innovative approach to evaluate the level of harmonisation of Ukrainian border guards training with the common standards for border guarding in the European Union (EU) member-states. There are different types of borders and different organisational structures in border guard agencies in the EU. The authors present the results of a research aimed at analysing the level of interoperability of Ukrainian border guards. In case of border guards' training, interoperability stands for their level of professional readiness for joint actions with representatives of foreign border guard authorities. For this purpose, the EU border guard agencies under the supervision of the European Border and Coast Guard Agency (Frontex Agency) introduced the Interoperability Assessment Program (IAP), as the means to assess, first of all, the level of integration of the Common Core Curriculum (CCC) for basic border guards' training into border guard authorities' national curricula. The programme's results provide information on the degree to which the CCC meets the requirements regarding its content. The overall CCC implementation at the NASBGSU was 77.5%, namely: by modules (General Studies – 95%; Land Border Module – 75%; Air Border Module – 81%; Sea Border Module – 58,6%); by content (General studies – 96%; Legislation – 73,9%; Practice – 80,8%). The results of the evaluation held at the National Academy of the State Border Guard Service of Ukraine named after Bohdan Khmelnytskyi, involving cadets of the Faculty of Foreign Languages and Humanities showed that Ukrainian border guards and their system of education and training are in line with the EU member-states' common standards and the Ukrainian border guard agency personnel can be effectively used for the various operational and service activities of protecting different border sectors.

The paper reports on an innovative approach to evaluate the level of harmonisation of Ukrainian border guards training with the common standards for border guarding in the European Union (EU) member-states. There are different types of borders and different organisational structures in border guard agencies in the EU. The authors present the results of a research aimed at analysing the level of interoperability of Ukrainian border guards. In case of border guards' training, interoperability stands for their level of professional readiness for joint actions with representatives of foreign border guard authorities. For this purpose, the EU border guard agencies under the supervision of the European Border and Coast Guard Agency (Frontex Agency) introduced the Interoperability Assessment Program (IAP), as the means to assess, first of all, the level of integration of the Common Core Curriculum (CCC) for basic border guards' training into border guard authorities' national curricula. The programme's results provide information on the degree to which the CCC meets the requirements regarding its content. The overall CCC implementation at the NASBGSU was 77.5%, namely: by modules (General Studies – 95%; Land Border Module – 75%; Air Border Module – 81%; Sea Border Module – 58,6%); by content (General studies – 96%; Legislation – 73,9%; Practice – 80,8%). The results of the evaluation held at the National Academy of the State Border Guard Service of Ukraine named after Bohdan Khmelnytskyi, involving cadets of the Faculty of Foreign Languages and Humanities showed that Ukrainian border guards and their system of education and training are in line with the EU member-states' common standards and the Ukrainian border guard agency personnel can be effectively used for the various operational and service activities of protecting different border sectors.

The paper reports on an innovative approach to evaluate the level of harmonisation of Ukrainian border guards training with the common standards for border guarding in the European Union (EU) member-states. There are different types of borders and different organisational structures in border guard agencies in the EU. The authors present the results of a research aimed at analysing the level of interoperability of Ukrainian border guards. In case of border guards' training, interoperability stands for their level of professional readiness for joint actions with representatives of foreign border guard authorities. For this purpose, the EU border guard agencies under the supervision of the European Border and Coast Guard Agency (Frontex Agency) introduced the Interoperability Assessment Program (IAP), as the means to assess, first of all, the level of integration of the Common Core Curriculum (CCC) for basic border guards' training into border guard authorities' national curricula. The programme's results provide information on the degree to which the CCC meets the requirements regarding its content. The overall CCC implementation at the NASBGSU was 77.5%, namely: by modules (General Studies – 95%; Land Border Module – 75%; Air Border Module – 81%; Sea Border Module – 58,6%); by content (General studies – 96%; Legislation – 73,9%; Practice – 80,8%). The results of the evaluation held at the National Academy of the State Border Guard Service of Ukraine named after Bohdan Khmelnytskyi, involving cadets of the Faculty of Foreign Languages and Humanities showed that Ukrainian border guards and their system of education and training are in line with the EU member-states' common standards and the Ukrainian border guard agency personnel can be effectively used for the various operational and service activities of protecting different border sectors.

The article aims at integrating the cultural psychology perspective of into the multidisciplinary field of border studies. It analyses the border phenomenon as a co-genetic system. The authors investigate the psychological side of people who relate to the border out of different motives. Then, it expands some of the theoretical concepts current in border studies by introducing psychological dimensions such as intentionality and directionality. Finally, the framework is applied to two case-studies representing the northern and southern European Union frontiers: the case of Estonian officer Eston Kohver in the Setumaa region on the Estonian–Russian border; and the experiences of border guards in the re-bordering process on the Spanish–Moroccan border. It offers an innovative conceptual resource based on a triadic co-genetic epistemological approach, which allows us to overcome the binary oppositions still very present in the contemporary debates in borders studies.

For years now Ecaterina and Serban Chelariu, my wife's mother and brother, have tried to leave Rumania, and we have tried various means to help them. When we moved from Switzerland to America, my homeland, we thought the free emigration provision of the 1974 Trade Act might be a source of leverage to influence Rumanian authorities. In line with the Trade Act the U.S.-Rumanian Trade Agreement of 1975 committed Rumania to freer emigration practices and to the principle of family reunification. It committed the United States Congress either to assure compliance with the emigration provision or to cancel Rumania's "Most Favored Nation" trade status.

Abstract
The article aims at integrating the cultural psychology perspective of into the multidisciplinary field of border studies. It analyses the border phenomenon as a co-genetic system. The authors investigate the psychological side of people who relate to the border out of different motives. Then, it expands some of the theoretical concepts current in border studies by introducing psychological dimensions such as intentionality and directionality. Finally, the framework is applied to two case-studies representing the northern and southern European Union frontiers: the case of Estonian officer Eston Kohver in the Setumaa region on the Estonian–Russian border; and the experiences of border guards in the re-bordering process on the Spanish–Moroccan border. It offers an innovative conceptual resource based on a triadic co-genetic epistemological approach, which allows us to overcome the binary oppositions still very present in the contemporary debates in borders studies.

Communication is the activity of delivering information through the exchange of thoughts, messages or information. The most popular type of communication in militarized educational institution is downward communication. State Border Guard College is militarized educational institution with hierarchy, discipline and one way communication. The predominant educational approach is the classical pedagogy. But a system, where pedagogue only transfers information and the student – receives it, could not be called as independent-personality developing. The aim of this research is to find out students thoughts of ongoing communication processes in State Border Guard College. For this purpose was carried out the survey. The result was processed by the data processing programs and performed content analysis. For the improvement of Border Guard training system were drawn conclusions.

Project Turnstone is a collaborative project partly funded by the European Commission. The project is an initiative by the Stockholm Police. Collaborating partners in the project are the Swedish Coast Guard; Region Northeast, the Helsinki Police, the Gulf of Finland Coast Guard District, the Police and Border Guard Board in Estonia, the State Border Guard of the Republic of Latvia, and the State Border Guard Service at the Ministry of Interior of the Republic of Lithuania. The aim of this project is to decrease trans-boundary criminality and improve day-today cooperation between border officers in the Baltic Sea region. This study analyses this collaborative project and especially the operative joint activities conducted during the implementation of project Turnstone. What is unique about the Turnstone model of working is the implementation of the operative action week where officers have the chance of exchanging, sharing, and cooperating with immediate action in the same office using their own channels of information. The purpose of the study is to map and analyse how the staff of the different organizations experience, understand, and define successful cooperation and collaboration obstacles encountered during cooperation with neighbouring organizations. The study is qualitative and based on ethnographically gathered material such as field observations at the different border agencies and qualitative interviews. 73 interviews were conducted with border police officers, police officers, border guards, and coast guard officers from the participating organizations. The findings suggest that interviewed officers see Project Turnstone as a rare opportunity for close, personal cooperation where officers can build strong police, border, and coast guard networks and increase and strengthen previous cooperating practices. This is due to colocation and interpersonal interaction where officers can learn about each other's organizational practices, establish trust, and achieve the same goals. On the other hand, collaboration obstacles were also raised, such as language and communication difficulties, differences in national legislations, and fear that the opportunities for joint action weeks and close cooperation will diminish after the termination of project Turnstone. Despite these obstacles, interviewed officers share a common sense of purpose and motivation and see close interpersonal cooperation as the best way of protecting the EU and Schengen area from criminality in the Baltic Sea area.