Lesson 17 Flashcards
What are the three main organs of International Relations?
1) Diplomacy
2) Foreign Police
3) Diplomatic Law
4 Main International Legal Framework Conventions?
1961 - Vienna Convention on Diplomatic Relations
1963 - Vienna Convention on Consular Relations
1969 - NY Convention on Special Missions
1975 - Vienna Convention on the Representation of States in their Relations with International Organizations
What did the 1961 Vienna Convention Establish?
main diplomatic functions - multiple accreditation, exemption from social security provisions.
What is the Right of Legation (its legations)?
Diplomatic relations: permanent relations between sovereign States
the right of legislation is the right to be represented abroad by diplomatic and consular agent (with the mutual consent of those concerned)
Basic attribute of State Sovereignty
Right of Legation - Active
the capacity to accredit diplomatic agents to other States
Right of Legation - Passive
capacity to receive envoys from other States
Which Article of the Vienna Convention Established Diplomatic Relations?
Art. 2
Functions of a Diplomatic Mission outlined under what article of which convention?
Art. 3 1961 Vienna Convention
Main Functions of Art. 3 1961 Vienna Convention
1) Representation
2) Diplomatic Protection (of State and Nationals)
3) Negations with host State
4) Observation and Information
5) Promotion of Friendly Relations
Which Article of Which Convention Limits the Functions of a Diplomatic Mission?
Art. 41 1961 Vienna Convention
What Duties limit the Functions of a Diplomatic Mission?
1) Duty to respect laws and regulations of the receiving State
2) Duty to not Interfere in Internal Affairs
3) Duty to communicate through the Ministry of Foreign Affairs
4) Duty regarding use of mission premises
What Other Limits are there to Diplomatic Mission?
1) Espionage
2) Involvement in Terrorist or Subversive Activities
3) PArking Offences
Principle of Mutual Consent
Art. 3 1961 Vienna Convention
Placet for the appointment of the head of the mission
Art. 4 1961 Vienna Convention
Classes of Heads of Mission
Art. 14 1961 Vienna Convention
Do receiving States need to give reason for the refusal of the head of the mission?
no.
Multiple Accreditation?
Art. 5 1961 Vienna Convention
What does Diplomatic Status Provide?
(1) Immunities
(2) Privileges
(3) Facilities
Which Article provides facilities for diplomatic status?
Art. 25
Flag and Emblem of the Sending State
Art. 21
Exception of Mission Premises from Taxation
Art. 23
Freedom of Movement
Art. 26
Exemption of Official Fees from Taxation
Art. 28
Exemption of Taxation
Art. 34
Exemption from Custom Duties and Inspection
Art. 36
Inviolability of the Mission Premises
Art. 22
Inviolability of the Archives
Art. 24
Inviolability of Official Correspondence (including the diplomatic bag)
Art. 27
Personal Inviolability
Art. 29
Exemption of Personal Services
Art. 35
What Immunities are provided to a diplomatic agent and under which article?
Art. 31 - immunity from criminal jurisdiction (absolute) and immunity from civil and administrative (except real action relating private immovable property, action relating to succession, action relation to any professional or commercial activity outside outside their official function)
“the receiving State shall permit
and protect free communication on the part of the mission for all official purposes”
Art. 27.1 VC61
“The diplomatic bag shall not be
opened or detained”
Art. 27.3 VC61
Which Draft Articles include Diplomatic Bag?
1989 Draft Articles on the Status of the Diplomatic Courier and the Diplomatic Bag Not Accompanied
by Diplomatic Courier and Draft Optional Protocols
How do the functions of a diplomatic agent come to an end?
Decision of the sending State: change of destination, removal of the head of the mission
Decision of the receiving State: procedure of declaration of persona non grata
Personal decision of the diplomatic agent: resignation or voluntary retirement
Natural causes: death of diplomatic agent or compulsory retirement
Breach of diplomatic relations: Declaration of war between States Non recognition of the new government of the sending
or receiving State
Art. 45
Even during the outbreak of armed conflict, the receiving State has the duty to respect and protect the premises of the mission, the property and archives
Which Convention Deals with Consular Relations?
1963 Vienna Convention on Consular Relations
Are Consulars Diplomatic Envoys?
No - they deal with the political affairs but rather administrative issues
Which Article of the 1963 Vienna Convention on Consular Relations established of consular relations?
Art. 2
Art 2 of the 1963 Vienna Convention on Consular Relations
1.The establishment of consular relations between States takes place by mutual consent.
- The consent given to the establishment of diplomatic relations between two States
implies , unless otherwise stated, consent to the establishment of consular relations relations. - The severance of diplomatic relations shall not ipso facto involve the severance of consular relations relations.
Two Categories of Consular Officers?
1) Career Consular Officers
2) Honoarary Consular Officers
Privileges of the Consular Premises?
Art. 21 63VC and Art. 33 63VC
What differs consular officers from diplomatic agents
not the same immunity - only immunity for acts in the performance of consular function. consular officers however enjoy exemption from taxation and social security.
Protection from Personal Inviolability of Consular Career Officers?
Art. 41 63VC
Which Article deals with the end of consular functions?
Art. 25
What immunities do Special Missions have?
similar to those of diplomatic missions
