Deplomatic Imunity

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  • Topic: Diplomacy, Diplomatic immunity, Vienna Convention on Diplomatic Relations
  • Pages : 30 (9584 words )
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  • Published : March 21, 2013
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Chapter 1
Introduction

International law may be defined as that body of law which is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe, and therefore, do commonly observe in their relations with each other, and which includes also: a) the rules of law relating to the functioning of international institutions or organizations, their relations with each other, and their relations with states and individuals; and b) Certain rules of law relating to individuals and non-state entities so for as the rights or duties of such individuals and non-state entities are the concern of the international community.[1] Diplomatic law is an important part of international law. It is that area of international law that governs permanent and temporary diplomatic missions. A fundamental concept of diplomatic law is that of diplomatic immunity, which derives from state immunity.[2] Key elements of diplomatic law are the immunity of diplomatic staff, the inviolability of the diplomatic mission and its grounds, and the security of diplomatic correspondence and diplomatic bags. Famous cases involving the breaking of diplomatic laws includes the Iran hostage crisis in 1979, the shooting of a British police woman from the Libyan Embassy in London in 1984, and the discovery of a former Nigerian Minister in a diplomatic crate at Stansted airport in 1984. It is also an accepted principle of customary international law and is recognized between countries as a matter of practicality. Diplomatic law is often strictly adhered to by states because it works on reciprocity. For example, if you expel diplomats from a certain country, then your diplomats will most likely be expelled from this country. It is in this way that diplomatic relations between states, and government to government interaction, can prosper.

For most of history diplomatic law has mostly been customary. However, early codifications of diplomatic law include the British Diplomatic Privileges Act 1708. An important treaty with regards to diplomatic law is the 1961 Vienna Convention on Diplomatic Relations. Questions not expressly regulated by the Convention continue to be governed by the rules of customary international law.[3]

Chapter 2
Theoretical aspects of Diplomatic Law

2.1 General Idea
Nearly all States today are represented in the territory of foreign States by diplomatic envoys and their staffs, such diplomatic missions are of a permanent character, although the actual occupations of the office may change from time to time. Consequent on a development over some hundreds of years, the institution of diplomatic representatives has come to be principal machinery by which the intercourse between States is conducted.[4] The allegation of Oppenheim and other western jurists that international law originated in Europe and its credit is to western civilization is not correct. The study of the original text books of Ramayana and Mahabharata falsifies the contention of western jurist.[5] Diplomacy as a method of communication between various parties, including negotiations between recognized agents, is an ancient institution and international legal provisions governing its manifestations are the result of Centuries of State practice. The special privileges and immunities related to diplomatic personnel of various kinds grew up partly as a con-sequence of sovereign immunity and the independence and equality of States.[6] On the other hand Diplomatic Agent are ambassadors residing in a foreign country as representatives of the states by whom they are dispatched.[7] Under the congress of Vienna 1815 wherein customary law of Diplomatic law adopted.[8] After the world ware two there were two others convention adopted in 1961 and 1963.[9] Now there are some convention existed to control the diplomatic relationship, like the “The Convention of Diplomatic Relation of Mission 1969, The...
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