...Diplomatic Law Answer in a written paragraph your answer to the following question you receive from a friend at a legal department of a Spanish bank where a Latin American republic was asking for a mortgage to buy a building in Madrid to establish a new embassy: "Should we concede this loan with a mortgage?" Topic: Should a foreign state provide a mortgage for a diplomatic mission of another foreign state? Until the beginning of the 20th Century was generally recognized the principle of international law according to which foreign states cannot be sued in courts of a foreign country (the principle of absolute immunity). This has proven to be unsustainable due to increasing economic activities of public authorities. It has been abandoned by most jurisdictions. In Germany for example the principle of limited immunity is now practiced since the beginning of the 1960s. Therefore foreign States only enjoy immunity when they act in the name of their sovereignty (acta iure imperii). For claims arising from economic activity (acta iure gestionis) the foreign state cannot rely on its freedom of jurisdiction. This can certainly be seen in a mortgage, because in international law not the purpose of government action, but the nature of the action determines whether it is a actum jure imperii or iure gestionis. So there is generally a private law relationship between the bank and the ambassador, as a representative of the country. With the threat of payment default, the bank...
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...independently by peoples in all parts of the world. The basic object of diplomacy is to enable men to live with their neighbours, a feat which requires a measure of accommodation to the interests of others. Above all, they are the questions of peace and war, and then such matters as the conclusion and observance of treatise, the making, maintenance and breaking of alliances, the establishment of boundaries, the development and protection of trade and the payment of tribute. The means by which these are pursued need to be adjusted to changing circumstances, but the employment of accredited agents (diplomatists) to represent and to negotiate on behalf of a state or society seems to be a nearly constant practice. From this, it usually follows that diplomatic forms become established among neighbours and immunities recognized. (Smith, 1989:7) Diplomacy of state formation in Africa The rise of a state like Asante for example, is an epic requiring the welding together of separate Akan communities and states, into a single political unit. The evolution of its...
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...В соответствии с действующим Государственным протоколом Республики Казахстан, все визиты на высшем и высоком уровне по характеру приема подразделяются на следующие категории: A) Государственные визиты B) Встреча «без галстуков» C) Официальные визиты D) Ответный визит E) Визиты проездом F) Black tie G) White Tie H) Undress {Правильный ответ} = A,C,E {Сложность}= 1 {Учебник} = Государственный протокол от 12.10.2006 "Государственный протокол Республики Казахстан" {Курс}= 2 {Семестр}= 3 Подготовка визита включает в себя: A) Согласование состава делегации B) Составление итогового документа C) Согласование сроков D) Согласование прибытия с представителями Организации Объединенных Нации E) Составление меню G) Определение содержания организационно-протокольных мероприятий и их объем в зависимости от уровня, характера и формата запланированного визита F) Определение уровня сложности проведения H) Определение уровня финансовых затрат {Правильный ответ} = A,C,F {Сложность}= 1 {Учебник} = Толкунов А.В. Дипломатическая служба - М.: РОССПЭН, 2002.-688 стр. {Курс}= 2 {Семестр}= 3 В состав подготовительных и передовых групп при подготовке визитов входят представители A) Службы протокола B) Службы доставки C) Службы безопасности D) Службы обеспечения E) Службы информации F) Всех министерств государства G) Службы разведки H) Группы заинтересованных лиц {Правильный ответ} = A,C,E {Сложность}= 2 {Учебник} = Толкунов А.В. Дипломатическая служба - М.: РОССПЭН...
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...IMMUNITIES FROM JURISDICTION I. STATE IMMUNITIES Forum State – the state where the court of justice is located. More on the notion of forum: http://legal-dictionary.thefreedictionary.com/forum A. Rationale for the doctrine of immunity of foreign states from the jurisdiction of the forum State is: - a state must not interfere with the public acts of foreign sovereign states, because sovereigns are equal and equals have no jurisdiction over one another - the judiciary may not interfere with the conduct of foreign policy by either national or foreign governmental authorities because of the doctrine of separation of powers. The doctrine of State immunity emerged as one of the earliest principles of international law. See also The Parliament Belge, where a British court of appeals held that “because of the absolute independence of every sovereign state, each other state must decline to exercise by means of its courts any of its territorial jurisdiction over the person of any sovereign or ambassador of any other state, or over the public property of any state which is destined for public use, or over the property of any ambassador, though such sovereign, ambassador or property may be on its territory.” B. Restrictive Doctrine of Immunity of Foreign States from Civil Jurisdiction At the time the doctrine of State immunity, emerged it was absolute and deemed to reflect customary international law. Gradually, towards the late 19th century the doctrine became...
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...media and social network spread like a wild fire and created widespread resentment among general public of the entire the country. This incident sparked a standoff between India and the U.S. India too immediately took steps to counter the aggressive attitude of the US towards Indian diplomat. This it did by removing high security zone status given to the US embassy in New Delhi. It also asked the US embassy staff to surrender the diplomatic status card within 24 hours that gave immunity to them from being searched at the airports. This stray incident continued for some time but soon both the countries realized that this may hamper not only the diplomatic relationship but also Indo-US partnership going on in various sectors. Both the countries recognised the necessity to deescalate the tension and find an amicable solution through negotiations. The American state department that initially remained defiant later accepted India's point of view that the diplomat enjoyed diplomatic immunity and allowed her to move from their country. This diplomatic row could have been resolved through the conventions that endorsed by Vienna conference in 1963. Each country is bound to follow the conventions laid down in Vienna conference. These conventions should not have been violated at the first place as every country is to oblige honour these conventions. This matter was mishandled by the US police without acknowledging the fact that the Indian diplomat...
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...International Relations Who are the main diplomatic partners of the People’s Republic of China? The United States The first partner of China is undoubtedly the United States of America. However, the relations between these two countries are far from being very simple. There is no denying that China has genuinely been mesmerized by the military and economic power of the USA for a long time. And it is clear that the aim of the Chinese is to fill up this backwardness and even to surpass the American “hyper-puissance”. But in the same time, China is perfectly aware of the necessity to remain on good (and peaceful) terms with the country, which is one of the major actors of the control of the security of the Oriental Asia. Moreover, it is impossible to turn a blind eye to the fact that China largely depends on the American economy. For example, the Chinese foreign trade surplus with the US amounted to 233 billions dollars in 2006 and the currency supplies currently comes to 1000 billions dollars whose the most part is composed of American Treasury Bills. Thus, this economic interdependence allows the two countries to keep good and pacific ties. Nevertheless, the most sensible problem between China and the USA has remained Taiwan for a long time. Since the normalisation of their relations in 1979, Beijing and Washington have agreed with the fact of maintaining a status quo on this burning issue. Actually, this situation is nurtured by a kind of military confrontation, which...
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...97. STOCK BROKING SERVICES A. Date of introduction: 01.07.1994 vide Notification No.1/1994-ST dt.28.06.1994. A. Definition and scope of service: “Recognised stock exchange” has the meaning assigned to it in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956). (Section 65(90) of Finance Act, 1994 as amended) “Securities” has the meaning assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956). (Section 65(93) of Finance Act, 1994 as amended) “Stock-broker” means a person, who has either made an application for registration or is registered as a stock broker, in accordance with the rules and regulations made under the Securities and Exchange Board of India Act, 1992 (15 of 1992). (Section 65(101) of Finance Act, 1994 as amended) “Taxable service” means any service provided or to be provided to any person, by a stock-broker in connection with the sale or purchase of securities listed on a recognized stock exchange. (Section 65(105)(a) of Finance Act, 1994 as amended) C. Rate of Tax & Accounting Code: Rate of Tax Service Tax 10% of the value of services Education Cess 2% of the service tax payable Secondary and H. 1% of the service tax payable. Education Cess Other – As levied or applicable Penalty/interest (Rate of tax is effective from 24.02.2009.) D. Classification of Taxable Services: Accounting Code 00440008 00440298 00440426 00440009 (1) The...
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...By Gerald Cruz Diplomatic Agenda of Philippine Presidents Diplomacy is an important instrument of all sovereign states. It is the conduct of official relations between states by peaceful means. It sometimes extends to a state’s relationship with its vassal state. The Philippines as a sovereign state make use of diplomacy in dealing with other countries. As a state with presidential system of government, the diplomatic agenda and the policy foreign of the Philippines is the responsibility of the executive branch of government subject to the usual oversight functions of the legislative and judicial branches of government. The President, being the head of state, is primarily responsible in foreign policy and diplomacy which is being exercised through the Secretary of Foreign Affairs and the entire Foreign Service. Every Philippine President has their own diplomatic agenda that they pursued during their term in office. The Philippines was granted “independence” in 1946, right after the Second World War, the Philippines soon enters into diplomatic relations. Being the head of a new state born after the destructive war, then President Manuel Roxas faced tremendous tasks in diplomacy. There is the challenge of forming relations with other states and making them recognize the independence of the Philippines. One important achievement of this period is the involvement and participation of the Philippines in the formation and operation of the United Nations. The Philippines...
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...Emon Ullah Mgmt: 3300 Player B Summary B Players are needed as much A players in a company. Players are the one who make the front cover of success but without the B Player’s achievements A Players wouldn’t be able to survive with an efficient success. They are the supporting actors of the business world that helps the company stay stable from slipping into entropy. A Players and B Players blend similar intelligence, motivation and personality but B players are the ones who make few demands on the CEO’s time. B Players have fewer chances to reach top level because they are not pursued to fight the battles amongst other players. A good example would be “Justin Nuckolls”, he was recruited by the American Foreign Service at age 23. At age 30 he held two major posts, but he realized that he didn’t want to be a workaholic. Justin decided to come back to United States to join a publishing firm because he didn’t want to spend all his time with diplomats and politicians. Instead he rather work less hours and spend a life as an average man would live as a B player. Another group of B Players are the honesty and reality players that always interested in their work than their career. They are easily to be influenced by other players, which makes them less threatening to their colleagues. Instead they feel comfortable taking advices from the B players because they will speak the truth and are honest with...
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...The Perry Expedition was a diplomatic journey to Bakumatsu. This included two separate voyages by warships of the United States Navy. The intentions of this expedition involved investigation, surveying, and the founding of diplomatic relations and negotiation of trade arrangements with various nations of the region The expedition was commissioned by Commodore Matthew Calbraith Perry, who was under the instructions of American President Millard Fillmore at the time. Perry’s initial intention was to demand an execution of Japan’s 220-year-old policy of segregation and to present Japanese ports to American exchanges. The Perry Expedition headed directly to the institution of diplomatic bonds connecting Japan and the "Great Powers" of the westward...
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...Crimes Theory Ontavia Johnson Strayer University Information Technology in Crime 170 Dr. Wesley E. Phillips, Jr. Crime Theory There are many digital crimes that are produced through the life of technology. Differential Association Theory is well known to be the cause of digital crime. This theory originated in the Chicago School of Criminological Theories, which embraces the sociological approach, that criminologist use to analyzing criminality. Differential Association Theory was introduced by Edwin Sutherland in 1947. He was one of the first to take an interest in the classical individualist theories of criminal behavior and concluded the Differential Association Theory. The Differential Association Theory is recognize the most relevant terms of digitals crimes, and well as can be used to clarify non-digital crimes using motivation, rationalization, and attitudes necessary for the crime. Testing several criminological theories, including strain theory, techniques of neutralization, social learning theory, and self-control theory, Morris and Higgins found that differential association was the most pronounced theoretical predictor in self-reported piracy (Morris, R. G., & Higgins, G. E. 2009). Normative conflict at the individual level is translated into individual acts of delinquency through differential association learned through communication usually in intimate groups (Sutherland, 1947). In further arguments peer pressure and peer attitudes are an influence...
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...2011 3rd International Conference on Advanced Management Science IPEDR vol.19 (2011) © (2011) IACSIT Press, Singapore Effects of Motivational Factors on Job Satisfaction: An Empirical Study on Malaysian Gen-Y Administrative and Diplomatic Officers Nargess Mottaghi Golshan1, Aznur Hafeez Kaswuri2, Betsabeh Aghashahi3, Muslim Amin4, Wan Khairuzzaman Wan Ismail5 1 International Business School, University Technology Malaysia Abstract. Purpose - This study examines the relationship between motivator and hygiene factors of the two-factor theory and job satisfaction of Gen-Y. Design/ Methodology/ Approach - Totally 128 full time Gen-Y employees of the Malaysian Administrative and Diplomatic officers completed a questionnaire measuring their motivator and hygiene factors and job satisfaction. The motivators were measured by work values questionnaire (WVQ) with 25 items, and job satisfaction was measured with a 15-item questionnaire adapted from Warr et al., (1979). The scales for all questions were seven point Likert scales. Factor analysis, T-Test, regression, and One-way ANOVA were applied in the data analysis. Findings - The results revealed that employees’ motivators are related significantly to their intrinsic job satisfaction. However, employees’ hygiene factors are not significantly related to extrinsic job satisfaction. This result is inconsistent with the previous study of Furnham A. and Eracleous A. (2009) and supports Locke’s (1976) criticism of Herzberg’s theory...
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...TEXT CRITIQUE OF THE ARTICLE: “MOMENTS OF OPPORTUNITY RECOGNISING CONDITIONS OF RIPENESS FOR INTERNATIONAL MEDIATION BETWEEN ENDURING _________________________________________________________________________ In this study, Creig (2001) investigates the role of mediation ripeness in securing mediation success between enduring rivals. In this study, Creig conceptualises ripeness in two broad categories: in terms of temporal factors related to when in the dispute lifecycle mediation is attempted, and in terms of contextual factors related to the dispute and the relationship between the disputants. In so doing, the study examines the role of mediation ripeness in the achievement of both short term and extended term mediation success. In this study, Creig, tests three logics and nine hypotheses about mediation ripeness using a database of 202 mediations. The study reveals three dominant patterns in the factors associated with ripeness for both short term and extended term processes. Firstly, the characteristics of previous disputes in the life of a rivalry provide a powerful influence on the prospects for both short term and extended term mediation success. Under this pattern, short term mediation success is most likely early in the life of a rivalry while extended term mediation success is most likely late in the lifetime of enduring rivalries. The second pattern highlights the difference in the degree to which both short term and extended term mediation success depends...
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...rIssues & Studie s© 45, no. 4 (December 2009): 159-188. Status for Sale: Taiwan and the Competition for Diplomatic Recognition TIMOTHY S. RICH Diplomatic recognition is generally seen as fundamental to the modern state system. The traditional views of recognition however focus almost exclusively on political or ideological rationales, ignoring other foundations on which other countries base establishing diplomatic recognition. Focusing on the Republic of China (Taiwan) suggests a more complicated view where economic self-interest on one side and national pride on the other may undermine traditional conceptions of recognition. Using the ROC-PRC diplomatic battle as a case study, this paper hopes to shed light on two questions: why, despite the PRC's rise as a global power, a country would continue to formally recognize the ROC and secondly what does the ROC receive in exchange for such high-cost endeavors to maintain recognition. In this case mutual ideological rationales have greatly diminished while I contend that economic factors have predominantly maintained this diplomatic battle. In addition, previous research often focuses on major world powers granting or withholding formal recognition to smaller states. In this situation, poor countries with typically little political influence are the major players, suggesting different rationales behind recognition. Methodologically, this paper blends qualitative and quantitative analysis to uncover factors affecting recogni- ...
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...UNITED NATIONS United States of America Vienna Convention on Relations and Optional Protocol on Disputes Multilateral—Diplomatic Relations—Apr. 18,1961 UNITED NATIONS CONFERENCE ON DIPLOMATIC INTERCOURSE AND IMMUNITIES VIENNA CONVENTION ON DIPLOMATIC RELATIONS UNITED NATIONS 1961 MULTILATERAL Vienna Convention on Diplomatic Relations and Optional Protocol on Disputes Done at Vienna April 18, 1961; Ratification advised by the Senate of the United States of America September 14, 1965; Ratified by the President of the United States of America November 8, 1972 Ratification of the United States of America deposited with the Secretary-General of the United Nations November 13, 1972; Proclaimed by the President of the United States of America November 24, 1972; Entered into force with respect to the United States of America December 13, 1972. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION CONSIDERING THAT: The Vienna Convention on Diplomatic Relations and the Optional Protocol Concerning the Compulsory Settlement of Disputes were opened for signature on April 18, 1961 and were signed on behalf of the United States of America on June 29, 1961, certified copies of which are hereto annexed; The Senate of the United States of America by its resolution of September 14, 1965, two-thirds of the Senators present concurring therein, gave its advise and consent to ratification of the Convention and the Optional Protocol; On November 8, 1972 the President of the United...
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