The Appropriate Scope Of Diplomatic Immunity

Author : Mirza Pasic
Publisher : GRIN Verlag
ISBN 13 : 3668569800
Total Pages : 67 pages
Book Rating : 4.05/5 ( download)

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Download or read book The Appropriate Scope of Diplomatic Immunity written by Mirza Pasic and published by GRIN Verlag. This book was released on 2017-11-13 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Eileen Denza
Publisher : Oxford University Press
ISBN 13 : 019100913X
Total Pages : 519 pages
Book Rating : 4.36/5 ( download)

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Download or read book Diplomatic Law written by Eileen Denza and published by Oxford University Press. This book was released on 2016-01-14 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author :
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.00/5 ( download)

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Download or read book Diplomatic and Consular Immunity written by and published by . This book was released on 1998 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Marko Novaković
Publisher : Springer Nature
ISBN 13 : 9811510946
Total Pages : 138 pages
Book Rating : 4.46/5 ( download)

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Download or read book Diplomatic Immunity written by Marko Novaković and published by Springer Nature. This book was released on 2020-03-31 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Tom Ruys
Publisher : Cambridge University Press
ISBN 13 : 110828499X
Total Pages : pages
Book Rating : 4.98/5 ( download)

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Download or read book The Cambridge Handbook of Immunities and International Law written by Tom Ruys and published by Cambridge University Press. This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Xiaodong Yang
Publisher : Cambridge University Press
ISBN 13 : 0521844010
Total Pages : 941 pages
Book Rating : 4.17/5 ( download)

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Download or read book State Immunity in International Law written by Xiaodong Yang and published by Cambridge University Press. This book was released on 2012-09-27 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

Author : Biswanath Sen
Publisher : Springer
ISBN 13 : 9401187924
Total Pages : 545 pages
Book Rating : 4.23/5 ( download)

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Download or read book A Diplomat’s Handbook of International Law and Practice written by Biswanath Sen and published by Springer. This book was released on 2012-12-06 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: It gives me great pleasure to write a foreword to :\1r. Sen's excellent book, and for two reasons in particular. In the first place, in producing it, Mr. Sen has done something vvhich I have long felt needed to be done, and which I at one time had am bitions to do myself. \Vhen, over thirty years ago, and after some years of practice at the Bar, I first entered the legal side of the British Foreign Service, I had not been working for long in the Foreign Office before I conceived the idea of writing - or at any rate compiling - a book to which (in my own mind) I gave the title of "A ~fanual of Foreign Office Law. " This work, had I ever produced it in the form in which I visualised it, could probably not have been published con sistently with the requirements of official discretion. But this did not worry me as I was only contemplating something for private circulation within the Service and in Government circles. :Mr. Sen's aim has been broader and more public-spirited than mine was; but its basis is essentially the same.

Author : Alexandre Skander Galand
Publisher : BRILL
ISBN 13 : 9004342214
Total Pages : 278 pages
Book Rating : 4.17/5 ( download)

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Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.

Author : Siddhartha Misra
Publisher : Taylor & Francis
ISBN 13 : 1040003737
Total Pages : 534 pages
Book Rating : 4.32/5 ( download)

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Download or read book Indian Practice of International Law written by Siddhartha Misra and published by Taylor & Francis. This book was released on 2024-03-19 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages with different aspects of India’s practice of international law. It covers a diverse range of areas such as human rights, humanitarian law, migration, diplomacy, extradition, environment, trade, investment, taxation, cyberspace, data protection, maritime, and intellectual property to showcase India’s strong commitment to respect and observe international law. The volume discusses various themes which include: Legal and constitutional framework; Air, space, and atomic energy; Environment; Sea and maritime law; Trade, investment, and taxation; Conflict of laws; IT and data protection; Human rights and humanitarian law; Issues of refugees and internally displaced persons; Extradition and diplomatic immunities; Intellectual property; International obligations. The essays in this book also establish the linkage between observance of international law and bilateral and multilateral relations between different countries. Comprehensive and analytical, this book will be useful for scholars and researchers of law, international law, human rights, and foreign policy. It will also be an invaluable companion for professionals in law firms and think tanks, bureaucrats, and diplomats.

Author : Rosanne Van Alebeek
Publisher : OUP Oxford
ISBN 13 : 0191552542
Total Pages : 488 pages
Book Rating : 4.40/5 ( download)

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Download or read book The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law written by Rosanne Van Alebeek and published by OUP Oxford. This book was released on 2008-03-06 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of international human rights law and international criminal law has triggered the question whether states and their officials can still shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved. The Pinochet case was the first case that put this issue in the limelight of international attention. Since then, the question has been put to several domestic and international courts, and has engaged the minds of scholars and politicians around the world. This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms had brought the question of the role of national courts in the application of these norms to the fore and has made the question as to the relation between immunity rules and human rights and international criminal law an immediate one. The tension between the centuries old immunity rules and the relatively recent developments in international human rights law and international criminal law presents itself in two distinct forms. In the first place it can be questioned whether immunity rules as such are compatible with certain fundamental rights of individuals under international law such as the rights of access to court, the right to a remedy, or the right to effective protection. Secondly, it can be questioned whether immunity rules apply unabridged in proceedings concerning grave human rights abuses. In its examination of these two questions this book sets out to clearly distinguish the different scope and nature of the rule of state immunity, the rule of functional immunity and the personal immunity of diplomatic agents and heads of state. While strong arguments against certain applications of immunity rules can be derived from international human rights law and international criminal law, this book argues that an unqualified attack on immunity rules risks casting a shadow over all human rights based arguments.