diplomatic agents

Question 1

Diplomatic agents are

Answer 1

those persons who abide in foreign state as representatives of their own states.

Question 2

Classification of Diplomatic Agents: -

Answer 2

1. Ambassadors
2. Envoys, Ministers and internuncios accredited to heads of state
3. Charges d’affaires accredited to ministers for foreign affairs

Question 3

Ambassadors: - (1)

Answer 3

The personal representatives of the Head of the state are said to be ambassadors. And in the common wealth countries the representatives are said to be the High Commissioners.
As for example, the representative of Pakistan in India is called High Commissioner. The appointment of the ambassador is subjected to the assent of receiving state. In other words the person who is going to be appointed as a diplomatic envoy in a country it is necessary that he must porsona grata, for the receiving state.

Question 4

Ambassadors: - (2)

Answer 4

Other wise he should be refused. So, it is a duty of the sending state to send a report regarding the person to be appointed as diplomatic envoy to the receiving state. Once a person has been accepted as envoy he should be given certain rights and immunities. As for example, he has a right to claim the title of ‘Excellency’.

Question 5

envoys (1)

Answer 5

Ministers are other diplomatic officials accredited to the other countries, but ministers are not the personal representatives of the Head of the state. So, they receive less honour as compared to ambassadors.

Question 6

envoys(2)

Answer 6

And they are not entitled to claim the title of ‘Excellency’. But if they were given this title it would be a matter of courtesy but not as a matter of their right. in other respects they are almost equal with ambassadors.

Question 7

Charge d’ Affairs(1)

Answer 7

The officials accredited to foreign state by the foreign office to the foreign office. They are less important as compare to ambassadors and ministers. They do not enjoy honour and title as are available to ambassadors and ministers.

Question 8

Charge d’ Affairs(2)

Answer 8

They may either be appointed permanently or temporarily. But usually they are appointed temporarily.

Question 9

Functions of Diplomatic Agents: -

Answer 9

1. Representation
2. Negotiation
3. Protection
4. Observation
5. Promotion of Friendly Relation

Question 10

1. Representation

Answer 10

The most important function of the diplomatic agents is to represent the state from where they have been sent in the state to whom they have been sent. They are actually the mouthpiece of the Head of the home state because they communicate with the host state the affairs of the home state.

Question 11

2. Negotiation

Answer 11

The other most important function which the diplomatic agents have to perform is the negotiation. They negotiate on various aspects on behalf of he sending state with the state to which they are accredited in order to maintain friendly relationship between the two. They are required to communicate the outcome of the negotiations to the sending state from time to time

Question 12

3. Protection

Answer 12

Diplomatic agents protect the interests of the sending state and also of its nationals and their property within the limits permitted by International Law but by the municipal law and regulations of the sending state within which an envoy affords protection.

Question 13

4. Observation

Answer 13

Diplomatic agents are required to observe those happenings and events which may take place in the state where they are accredited, especially those which may have effecting the state by which they are sent. After making observations they are required to make periodical reports as well as special reports thereon to the government of the sending state.

Question 14

5. Promotion of Friendly Relation

Answer 14

Diplomatic agents are required to promote friendly relations between the sending state and the receiving state. They also have a function to develop the economic, cultural and social relations between the two states.

Question 15

theories as to Diplomatic Immunities

Answer 15

1. Extra-territorial Theory
2. Representational Theory
3. Functional Theory

Question 16

1. Extra-territorial Theory

Answer 16

This theory reveals that the diplomatic agents are not under the jurisdiction of the receiving state, rather they are under the sending state. And their physical presence shall not entitle the receiving country to have jurisdiction on them. This theory is also called as fictional theory, because the extra-territoriality is based merely on a fiction.

Question 17

2. Representational Theory

Answer 17

According to this theory immunities are given to the diplomatic agents because they are the representatives of the sovereign, so just as the immunities are given to the prince of a sovereign in the same way the immunities are to be given to the diplomatic agents.

Question 18

3. Functional Theory

Answer 18

According to this theory the immunities and the privileges are given to the diplomatic agents because they have given so special duties to be performed and the nature of the task given to them requires them to be free in all respects. Other wise the local administration may by abuse of powers interrupt them and their function may be affected scrupulously. So, to avoid such situation they should be given certain immunities and privileges.

Question 19

According to the provisions of the Veinna Convention following immunities and privileges are available for diplomatic agents:

Answer 19

1. Inviolability of Diplomatic Agents
2. Inviolability of Mission’s Staff
3. Inviolability of Premises
4. Immunity from Local Jurisdiction
5. Immunity from Taxes and Customs Duties
6. Immunity from Local and Military Obligations
7. Freedom of Communication
8. Freedom of Movement
9. Right to Worship

Question 20

1. Inviolability of Diplomatic Agents: -

Answer 20

The person, freedom and dignity of a diplomatic agent is inviolable. The receiving state shall guarantee his person and shall give him respect. In other words, diplomatic agents cannot be detained or arrested. But the immunity of inviolability of diplomatic agent is not absolute. They may be arrested in special cases. As for example, if a diplomatic agent is found drunken having a gun, so due to avoid violence he may be arrested by the receiving states.

Question 21

2. Inviolability of Mission’s Staff: -

Answer 21

The Veinna Convention also lays down certain immunities and privileges to the administrative and technical staff of the diplomatic mission and for their family members which are also inviolable subject to certain limitations.

Question 22

3. Inviolability of Premises: -

Answer 22

The permanent diplomatic mission has premises in the receiving state where it is to operate its mission. So, the premises and the private residence of the diplomatic agents are also inviolable.

Question 23

4. Immunity from Local Jurisdiction:-

Answer 23

The diplomatic agents are immune from local jurisdiction. In other words diplomatic agents cannot be tried by the Courts of the receiving state. Immunity extends to civil, criminal and administrative jurisdictions.

Question 24

5. Immunity from Taxes and Customs Duties: -

Answer 24

The diplomatic agents are also immune from all sorts of taxes subject to certain exceptions.

Question 25

6. Immunity from Local and Military Obligations

Answer 25

– The diplomatic agents are also immune from certain local and military obligations of the receiving state. As for example, the diplomatic agents are exempted from military contributions, etc-

Question 26

7. Freedom of Communication: -

Answer 26

The diplomatic agents have also been entitled to communicate any information for official purpose to the sending state. Such communications includes the use of couriers and code messages. The diplomatic bag is also inviolable.

Question 27

8. Freedom of Movement : -

Answer 27

The diplomatic agents are free to move and travel in the territory of the receiving state. But this is subject to the laws and regulations, and laws made by the receiving state concerning the prohibited security zone.

Question 28

9. Right to Worship: -

Answer 28

The diplomatic agents have a right to worship any religion they like within the premises. They cannot invite the nationals of the receiving state to take part to the worship. In other words, they have no right to preach their religion in the receiving state.

Question 29

Termination of Diplomatic Mission:

Answer 29

1. Termination of the Head of the Mission.

2. Termination of the Mission as a whole.

Question 30

1). Termination of the Head of the Mission: - The Head of the Mission may terminated in any of the following ways:

Answer 30

i. Expiration of time
ii. Recall of Diplomatic Agent
iii. On request of the Receiving State
iv. Persona-non-gratia

Question 31

i. Expiration of time

Answer 31

When the time specified for the termination in the letter of the credence reaches, the Head of the mission shall be deemed to be terminated.

Question 32

ii. Recall of Diplomatic Agent

Answer 32

The mission shall also be deemed to come to an end when due to unfriendly relationship between receiving and sending states, the receiving state recalls the envoy. The diplomatic agent may also be recalled on his misconduct or misbehavior

Question 33

iii. On request of the Receiving State

Answer 33

The head of the diplomatic mission may be terminated when a request is made by the receiving state in this regard. It also takes place when the relations between the two become unfriendly or because of misconduct on the part of the envoy.

Question 34

iv. Persona-non-gratia

Answer 34

Every receiving state has a right to declare an envoy non- acceptable. The envoy then called as persona-non-gratia. If any head of the mission has been declared as persona-non-gratia he shall be deemed to be terminated.

Question 35

2. Termination of the Mission as a whole

Answer 35

A state has a right to terminate the diplomatic mission as a whole, such a situation may arise when war breaks out between the sending state and the receiving state. In cases of armed conflict not amounting to war, diplomatic mission may not be terminated.

Question 36

2. Termination of the Mission as a whole(2)

Answer 36

The diplomatic mission terminates ipso facto when the sending or receiving state is extinguished by voluntary merger into another state or through annexation. Upon the termination of a mission the functions of the persons concerned come to an end.

Question 37

2. Termination of the Mission as a whole(3)

Answer 37

Members of the mission and their families nevertheless continue, even in case of armed conflict, to be entitled to their privileges and immunities until they leave the country or on the expiry of a reasonable time to do so.

Question 38

2. Termination of the Mission as a whole(4)

Answer 38

It is to be noted that armed conflict between the two states does not terminate the mission in all the cases. As for example, in case of armed conflict with India in 1965, diplomatic relations didn’t come to and end.