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Master's Thesis from the year 2013 in the subject Law - Miscellaneous, grade: 1,7, , course: Master of International and European Public Law, language: English, abstract: Historically, diplomatic immunity arose out from the respect of the messengers who carry the message of their ruler or sovereign to declare war, conclude peace or about other important national issues. What is the appropriate scope of diplomatic immunity or whether the diplomatic privileges and immunities are too broad and in what parts they should be limited? The answer to this question requires the study of the history, theory, and practice of the diplomatic privileges and immunities. The Vienna Convention is the vital subject of this work because it codified in details the customary law and the diplomatic practices regarding the diplomatic privileges and immunities. This work also analyses some cases, explaining how the rules regarding the diplomatic privileges and immunities are implementing in practice.
The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.
The book examines diplomatic immunity and provides a historical analysis of the granting of diplomatic immunity to non-diplomats, based on the perspectives of several states. Featuring contributions in which experts from four continents and from academia and practice present their views and perspectives; it is an insightful resource for diplomats, academics and legal professionals, while at the same time it is useful and understandable for students, junior staff and anyone just starting their venture into the diplomatic immunity issues and general international law.
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
This book, in its effort to formulate compatibility between Islamic law and the principles of international diplomatic law, argues that the need to harmonize the two legal systems and have a thorough cross-cultural understanding amongst nations generally with a view to enhancing unfettered diplomatic cooperation should be of paramount priority.
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.
Traces the evolution of diplomatic immunity and analyzes the practice from ancient times to the present in Western and non-Western cultures. Privileges and immunities are placed in historical and cultural context, and the significance of domestic legislation and international conventions is discussed. The authors also study the influence of certain judicial decisions and their underlying rationales. Annotation copyrighted by Book News, Inc., Portland, OR
The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.