1961 Vienna Convention on Diplomatic Relations

Slides:



Advertisements
Similar presentations
Domestic Laws governing activity within a country Based on a Constitution Includes Statute and Case Law International Deals with relations between nations.
Advertisements

186 National Socities.
© 2007 by West Legal Studies in Business / A Division of Thomson Learning CHAPTER 19 Land-Use Control and Real Property.
Suing the Federal Government. 2 History Traditional Sovereign Immunity US Constitution "No Money shall be drawn from the Treasury, but in Consequence.
The Institution of the Prefect of the Brasov County.
Jurisdiction Theories of Jurisdiction in International Law.
Diplomatic and Consular Law.  A) General State Authorities - Head of State, Head of Government, Minister of FA - diplomatic agents, consular officers.
Government – Libertyville HS
University of Macerata Prof. Avv. Roberto Baratta, PhD
Due Process and Equal Protection
DIPLOMATIC RELATIONS IN GENERAL DIPLOMATIC MISSION
Mobile Audio/Video Recording Equipment Policy and Procedure Number PP
BAILIFF 1.Trần Duy Khiêm BAFNIU Trần Thị Huyền Trang BABAIU Nguyễn Thị Thu Hương BABAIU Nguyễn Lâm Diễm Trang BAIU Mai Ngọc.
PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ
The application of certain restrictions on access to environmental information in accordance with AC Personal Data Ana Barreira Instituto.
Chapter 2 Legal Aspects of Investigation © 2009 McGraw-Hill Higher Education. All rights reserved. LEARNING OBJECTIVES Explain the historical evolution.
CRIMINAL PROCEDURE Unit 2 - Week 2 Ann Marie Lampariello-Perez professor.
Unit 5 Review. A subagent is an agent A) who can hire and fire employees. B) who serves as a discretionary agent. C) who has authority to perform any.
1 Book Cover Here Copyright © 2015, Elsevier Inc. All rights Reserved Chapter #2 Legal Aspects of Security Security Supervision and Management Theory and.
Chapter 17: Foreign Policy and National Defense Section 1.
Diplomatic and Consular Law Professor Fatima El Hassan.
CLCCS Mission The specific mission of each charter school of the Corporation is to create a powerful, safe,* secure,* active, project-based learning environment.
Chapter 17: Foreign Policy and National Defense Section 1.
M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 2– Freedom Movement for Workers Bilateral.
M O N T E N E G R O Negotiating Team for Accession of Montenegro to the European Union Working Group for Chapter 18 – Statistics Bilateral screening: Chapter.
Lecture 8 - Immunity In international law certain persons and institutions are immune from the jurisdiction of foreign municipal courts. The principal.
Debrework Luleseged Debebe March 27/  Parties  Facts  Issue  Rule  Arguments  Conclusion  Discussion questions  My Idea.
František Nonnemann Skopje, 9th October 2012 JHA DP aspects related to provision of information about public figures in CZ.
Sources of International Law. The Issue of Sovereignty State sovereignty is the concept that states are in complete and exclusive control of all the people.
International Law & US ROK Status of Forces Agreement Ewha University (Seoul, Korea)
CLN4U: Unit 4 THE IMPORTANCE OF TREATIES.  Extradition is the act of returning a person to a jurisdiction in which he or she is charged with a crime.
Lecture number 12 Topic: Basic rights, freedoms and duties of man and citizens in the Republic of Uzbekistan.
Department of International Relations and Cooperation (DIRCO)
Diplomatic/consular immunity and privileges
Theme number 14 Fundamental rights, freedoms and duties of man and citizens in the Republic of Uzbekistan.
ABBOTT V. REPUBLIC OF SOUTH AFRICA
BRIEFING TO THE SELECT COMMITTEE ON SECURITY AND JUSTICE: MUNICIPAL LAW ENFORCEMENT OFFICERS (7 June 2017)
Consular Relations Ast.Prof. Sami Dogru Spring Semester
Introduction to Law Rules & Laws.
KNOW YOUR RIGHTS!.
LAW 221: INTERNATIONAL LAW
Ir312 Understanding Embassies, Consulates Function and Diplomatic Protocol Dr. Jared O. Bell, Assistant Professor of International Relations and Public.
Roles of the President Chapter 9 Section 2.
IMMUNITY.
Chapter 17: Foreign Policy and National Defense Section 1
LAW 221: INTERNATIONAL LAW
Know Your Rights By: Brandon Varone.
LAW 221: INTERNATIONAL LAW
“Foreign Affairs and Diplomacy” Page
Diplomatic privileges and immunities(Vienna Convention on Diplomatic Relations 1961)(Somalia 29 Mar 1968 ) Meaning and importance of diplomacy? diplomacy.
CHAPTER6:THE LOCAL GOVERNMENT SYSTEM
Concepts In International Law
Chapter 17: Foreign Policy and National Defense Section 1
Protection of cultural property in armed conflicts
Sub-Regional Meeting for ASEAN Countries on the Marrakesh Treaty and the Production and Exchange of Accessible Books by the World Intellectual Property.
Foreign Policy and National Defense
Missouri Association of Rural Education
Thinker The first ten amendments are also known as:
CHAPTER 1 1/15/2019 BHS Law Related Education Program Criminal Justice
University of Macerata Prof. Avv. Roberto Baratta, PhD
Free movement of persons
Declaration of the Rights of Man and the Citizen
Diplomatic and consular law
Chapter VII Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions,
Functional immunity (only for official acts)
Search & Seizure The act of taking possession of this property.
Regulation in the Contsitution of the Republic of Poland
DIPLOMATIC AGENTS - Dr. Anita M. J
INDEPENDENCE POLICE DEPARTMENT
Occupational safety and health (OSH)
Presentation transcript:

1961 Vienna Convention on Diplomatic Relations

functions of a diplomatic mission (art. 3) Representing the sending State in the receiving State; Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law; Negotiating with the Government of the receiving State; Ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State; Promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations. functions of a diplomatic mission (art. 3)

Inviolability of the mission (art. 22) The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution. Inviolability of the mission (art. 22)

Argo

Free communication (art. 27) The receiving State shall permit and protect free communication on the part of the mission for all official purposes. The official correspondence of the mission shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions. The diplomatic bag shall not be opened or detained. Free communication (art. 27)

Inviolability Immunity Legal status

A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of: A real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; An action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions. Immunity (art. 31)

At the Embassy of State A in State B a fire broke out At the Embassy of State A in State B a fire broke out. The firemen, according to art. 22 of the Vienna Convention on Diplomatic Relations, asked for entry permit to the diplomatic station. The Ambassador of the State A was not in the embassy. The administrator of the embassy granted the consent for the entrance to the embassy. There is a suspicion that in the burning building there are people poisoned with carbon monoxide, including citizens of state B working at the translation and handling maintenance. Rescuers asked the Ministry of Foreign Affairs if they can enter the embassy of State A. Can the Ministry of State B allow fire department officers to enter the embassy? Can they do that on the basis of the consent of the administrator?

Anna Jamal, the wife of the ambassador of Turkey, having Polish and turkish citizenship, has been employed as a scientist on SGH in Warsaw. After 3 years she stopped showing up at workplace and then stated, that she rescinds from the employment contract immediately. Polish rules of the notice of termination were broken. The University sued her for compensation. Can Anna Jamal benefit from immunity?

The secretary of State A's embassy crossed the red light on the territory of State B, where he was accredited. After arresting the police he presented a diplomatic ID. The policemen came to conclusion that the diplomat was drunk and unfit for driving. They wanted to take his driver's license and car keys, a diplomat stated that they were ignorant in the field of diplomatic law and referred to his immunity of personal inviolability. The confused policemen stepped away from the car and the diplomat departed. Did the cops react properly?