This chapter deals with the impact of both Europeanization and globalization on some specific aspects of what was once called “international administrative law”, namely consular assistance and diplomatic protection. It is structured as follows. First of all, the international conventions on consular assistance and diplomatic protection are briefly summarized, in order to clarify the commonalities as well as the differences between them (Sect. 9.2). Second, the impact of Europeanization is evaluated, taking into account both the horizontal (the right to consular and diplomatic protection from authorities of member states other than those of citizen- ship) and the vertical dimension (the right to consular and diplomatic protection from European authorities) (Sect. 9.3). Finally, the impact of globalization is considered (Sect. 9.4). It is argued in this respect that the changes observed in these specific sectors could exemplify some more general phenomena. On the one hand, globalization increases the international dimension of domestic administra- tive law, by widening the part of domestic administrative law that regulates situations having a link with foreign legal systems. On the other hand, globalization decreases the degree of specificity of that part of domestic law, submitting the exercise of “foreign affairs” administrative functions to the general requirements of the rule of law.

The Impact of EU Law and Globalization on Consular Assistance and Diplomatic Protection / Battini, S. - (2011), pp. 173-184.

The Impact of EU Law and Globalization on Consular Assistance and Diplomatic Protection

BATTINI S
2011

Abstract

This chapter deals with the impact of both Europeanization and globalization on some specific aspects of what was once called “international administrative law”, namely consular assistance and diplomatic protection. It is structured as follows. First of all, the international conventions on consular assistance and diplomatic protection are briefly summarized, in order to clarify the commonalities as well as the differences between them (Sect. 9.2). Second, the impact of Europeanization is evaluated, taking into account both the horizontal (the right to consular and diplomatic protection from authorities of member states other than those of citizen- ship) and the vertical dimension (the right to consular and diplomatic protection from European authorities) (Sect. 9.3). Finally, the impact of globalization is considered (Sect. 9.4). It is argued in this respect that the changes observed in these specific sectors could exemplify some more general phenomena. On the one hand, globalization increases the international dimension of domestic administra- tive law, by widening the part of domestic administrative law that regulates situations having a link with foreign legal systems. On the other hand, globalization decreases the degree of specificity of that part of domestic law, submitting the exercise of “foreign affairs” administrative functions to the general requirements of the rule of law.
2011
Global Administrative Law and EU Administrative Law
9783642202643
02 Pubblicazione su volume::02a Capitolo o Articolo
The Impact of EU Law and Globalization on Consular Assistance and Diplomatic Protection / Battini, S. - (2011), pp. 173-184.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/1731216
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