4 research outputs found

    Persona Non Grata: The Obligation of Diplomats to Respect the Laws and Regulations of the Hosting State

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    The components of the international system after World War II are interacting in more complicated way. This complexity between some countries has accelerated the use of the term “Persona non grata” which accords hosting states the right to prevent diplomatic representatives of other states to enter into its territory or to expel them immediately from the country. In spite of the fact that the receiving state has no right to intervene in the nomination of the foreign diplomates of other countries, it still has the right to oppose their presence in its territory. Usually the states refer to this diplomatic declaration as a result of violation of articles 41 and 42 of the Vienna Convention on Diplomatic Relations of 1961, which require the need to respect the laws and regulations of the receiving State, and not to interfere in its internal affairs. This study attempts to answer questions that relate to the existing remedies of hosting states in response to diplomatic intervention in their domestic affairs, measures that exist to restraint the issues of diplomatic abuses, the circumstances that give hosting states the possibility to refer to this sanction, the effectiveness of this remedy, and the position of international conventions in relation to this declaration. Keywords: Diplomatic law, Vienna Convention, diplomatic immunity, persona non grata, Sovereignty, sending State, hosting state, TIT for TAT, International Court of Justice, UN Charter

    The Right of Hot Pursuit at Sea: Clarity in International Law and Difficulties in its Application

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    This research examines the right of hot pursuit in the international Law of the Sea. In this research, I analyze critically the development of the right, its present status and position in the future. The doctrine of hot pursuit is placed within the framework of modern international law and examined in the light of recent developments. As stated in article 111 of the Law of the Sea, the hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. The pursuit may only be undertaken if there has been a violation of the rights for the protection of which the zone was established. In the second section of this research, we studied the challenges that face the doctrine of hot pursuit and on top of these challenges; the bilateral, regional and international agreements that try to achieve the maximum protection to international waters. In contrast, we found that the United States, in the adoption of individual initiatives such as the Proliferation Security Initiative, has completely changed the concept of hot pursuit. The Proliferation Security Initiative (PSI) is a global effort that aims to stop trafficking of weapons of mass destruction (WMD), their delivery systems, and related materials to and from states and non-state actors of proliferation concern. I tried, in this research, to examine this Initiative and look into the consequences regarding the doctrine of hot pursuit

    Gacaca Courts in the Light of Public International Law: Bold Step in Achieving Reconciliation and Justice in Rwanda

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    Despite the fact that the Gacaca Courts have been the focus of a range of academic research, this work intends to demonstrate a detailed analysis of the Gacaca Courts from the viewpoint of public international law. The Gacaca Courts began their activities on the 18th of June 2002 and were terminated on the 18th of June 2012, and had prosecuted and tried around 2 million files of suspects of genocide and crimes against humanity committed between October 1990 and December 1994 in Kigali and the cities around. This research will examine such courts with regards to their objectives, establishments, legal framework, challenges, and their compatibility with the international standards agreed upon by the international community. Keywords: Gacaca, Organic Law 40/2000, International Law, Presumption of Innocence,

    Portal Vein Thrombosis due to Prothrombin Gene Mutation following Sleeve Gastrectomy

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    Introduction. Portomesenteric thrombosis is increasingly recognized as a complication of laparoscopic sleeve gastrectomy (LSG). It often presents with abdominal pain. We present a mother and her son who both developed portal vein thrombosis (PVT) after LSG. Case Description. A 43-year-old woman presented complaining of sudden severe abdominal pain, two weeks after she had uncomplicated laparoscopic sleeve gastrectomy. CT scan of the abdomen and pelvis with IV contrast showed portal vein thrombosis and SMV thrombosis. Two weeks later her son had the same LSG for morbid obesity and presented with the same clinical picture. Thrombophilia workup showed heterozygous prothrombin gene mutation. Conclusions. A high index of suspicion is necessary to diagnose PVT; although rare, it can be potentially lethal. Anticoagulation therapy should be initiated immediately to limit the morbidities and improve the outcome. Patients with family history of thrombophilia should be investigated prior to any bariatric surgery and nonsurgical alternative treatments for morbid obesity should be strongly encouraged
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