Problems Related to the Practical Implementation of the Treaty of Mutual Legal Assistance in Criminal Matters between the Republic of Bulgaria and People’s Republic of China

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Dimitar Mladenov ◽  
Keyword(s):  
People’S Republic Of China ◽  
Practical Implementation ◽  
Legal Assistance ◽  
People's Republic Of China ◽  
Mutual Legal Assistance ◽  
Republic Of China ◽  
Autonomous Regions ◽  
The Republic ◽  
Criminal Matters

The article addresses various problems in the practical implementation of the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of Bulgaria and the People’s Republic of China. These include way of execution, proofs, centralized communication, special autonomous regions of China, political crimes, etc. from a Bulgarian perspective.

The Normalization of Sino-French Diplomatic Relations in 1964 and the Formation of the “One-China” Principle: Negotiations over Breaking French Diplomatic Relations with the Republic of China Government and the Recognition of the People’s Republic of China as the Sole Legitimate Government

2012 ◽  
Vol 8 (1) ◽  
pp. 252-271
Author(s):  
Madoka Fukuda
Keyword(s):  
The United States ◽  
People’S Republic Of China ◽  
Diplomatic Relations ◽  
People's Republic Of China ◽  
African Countries ◽  
Republic Of China ◽  
The Republic Of China ◽  
The Republic ◽  
The Government ◽  
The One

AbstractThis article examines the substance and modification of the “One-China” principle, which the government of the People’s Republic of China (PRC) pursued in the mid 1960s. Under this principle, a country wishing to establish diplomatic relations with the PRC was required first to break off such relations with the Republic of China (ROC). In 1964 the PRC established diplomatic relations with France. This was its first ambassadorial exchange with a Western government. The PRC, in the negotiations over the establishment of diplomatic relations, attempted to achieve some consensus with France on the matter of “One-China”. The PRC, nevertheless, had to abandon these attempts, even though it demanded fewer conditions of France than of the United States (USA), Japan and other Western countries in the 1970s. The PRC had demanded adherence to the “One-China” principle since 1949. France, however, refused to accept this condition. Nevertheless, the PRC established diplomatic relations with France before the latter broke off relations with the ROC. Subsequently, the PRC abandoned the same condition in negotiations with the African governments of the Republic of Congo, Central Africa, Dahomey and Mauritania. After the negotiations with France, the PRC began to insist that the joint communiqué on the establishment of diplomatic relations should clearly state that “the Government of the People’s Republic of China is the sole legal government of China”. However, France refused to insert these words into the communiqué. Afterwards, the PRC nevertheless insisted on putting such a statement into the joint communiqués or exchanges of notes on the establishment of diplomatic relations with the African countries mentioned above. This was done in order to set precedents for making countries accede to the “One-China” principle. The “One-China” principle was, thus, gradually formed in the process of the negotiation and bargaining between the PRC and other governments.

scholarly journals Historical aspects of development of the institution of legal assistance between states in criminal matters in the Republic of Azerbaijan

2021 ◽  
pp. 48-60
Author(s):  
Matanat Pasha Askerova
Keyword(s):  
Intergovernmental Relations ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Mutual Legal Assistance ◽  
Legal Proceedings ◽  
Bilateral Agreements ◽  
Administration Of Justice ◽  
Legislative Framework ◽  
The Republic ◽  
Criminal Matters

The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of  legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.

scholarly journals Taiwanese Identity – Past Factors and Present Circumstances

2020 ◽  
Vol 20 (2) ◽  
pp. 113-128
Author(s):  
Pawel Sendyka
Keyword(s):  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Taiwanese Identity ◽  
The Republic ◽  
The Taiwan Strait ◽  
White Terror ◽  
Nationalist Government ◽  
The Military ◽  
Do So

Abstract Taiwan is an island that off the coast of China. To say that Taiwan is a country is to offend the Communist People’s Republic of China which claims sovereignty over the island and markets it to the world as a “renegade province” which must be re-united with the mainland, by force, if necessary. For people who know very little about Taiwan and its big neighbour across the Taiwan Strait this may even sound convincing, but the truth is more complex. In 1949 the nationalist government (Kuomintang or KMT) having lost the Chinese Civil War retreated from the mainland; the communists have never ruled the island. The settling of the Republic of China’s government in Taiwan and the era of “White Terror” was another one in a series of historical events that were fundamental in forming the modern Taiwanese identity. Whatever the proponents of “one China” claim, the truth of the matter is that there is a shift in attitudes of the inhabitants of Taiwan in how they feel about themselves (Taiwanese, Chinese or both). This is a crucial fact that will have to be acknowledged in the cross-strait relations. The identity argument as such, is independent of any historical claims. And this Taiwanese identity has been evolving and will continue to do so, shaped by the past and the most recent events like the Hong Kong protests, the pandemic, politics and the military aggression and intimidation by the People’s Republic of China. This article will examine these factors in turn.

The Portuguese Republic and the People’s Republic of China: Impact and Trends of Economic Diplomacy

2020 ◽  
Vol 03 (02) ◽  
pp. 2050003
Author(s):  
Francisco B. S. José Leandro ◽  
Danilo Lemos Henriques
Keyword(s):  
People’S Republic Of China ◽  
Political Agenda ◽  
Diplomatic Relations ◽  
People's Republic Of China ◽  
Economic Relations ◽  
Republic Of China ◽  
Economic Diplomacy ◽  
The Status ◽  
The Republic ◽  
The Relationship

This paper will examine the interplay and relationship between bilateral diplomatic relations and economic relations through the lens of political factors, examining the concrete case of the Republic of Portugal and the People’s Republic of China. It will consider their common past — the nations’ historical similarities, their common aims and ideological differences, and analyze the alignment and the synergy developed in the modern era in developing common platforms of aims and will, in terms of political agenda-setting, such as through the issue of the status of the territory of Macao and the relationship with Portuguese-speaking countries (PSCs). It further analyzes the past few decades through the signing of diplomatic protocols, engaged bilateral and multilateral economic diplomacies, and growing commerce and trade links to identify the key trends and extrapolate relevant correlations. We examine the progresses in the relationship between the advancement of Sino-Portuguese diplomatic relations and the development of economic interplay post the 1979 period, following the formal establishment of bilateral diplomatic relations. We argue in favor of an existing positive correlation between acts of economic diplomacy and the development of bilateral economic relations. This paper presents a methodological, theoretical-inductive, and constructivist perspective, combining qualitative, quantitative, and non-participated observation.

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