In The Case of the Monetary Gold Removed from Rome in 1943, the International Court of Justice concluded that it cannot decide a dispute in which a third party's legal interests “would form the very ...subject-matter of the decision.” This Article argues that what has become known as the Monetary Gold principle conflicts with the Court's obligation to decide cases submitted by consenting parties and should be abandoned.
On November 18, 2019, Secretary of State Mike Pompeo stated that the "establishment of Israeli civilian settlements in the West Bank is not per se inconsistent with international law." This ...announcement contrasts with the approach taken by the State Department late in the Obama administration. Although embraced by Israel, the position announced by Pompeo was criticized by Palestinians, Security Council members and other states, who maintain that Israeli settlements in the West Bank violate international law. In January of 2020, the Trump administration released its proposed peace plan for the Israelis and Palestinians, which met with approval from Israeli leaders and rejection from Palestinian leaders.
A dispute brought before an international court or tribunal pursuant to a compromissory clause in a specific treaty may involve issues under rules of international law found outside of the treaty in ...question. In what circumstances can a court or tribunal determine such external issues? At present, there is no clear answer to this question. This article sets out a framework for how courts and tribunals exercising jurisdiction under compromissory clauses could approach external issues.
Das Wiener Übereinkommen über diplomatische Beziehungen von 1963 hat auch über fünfzig Jahre nach seinem Inkrafttreten nicht an Bedeutung verloren, sondern erfreut sich weltweit hoher Akzeptanz: Mehr ...als 190 Staaten sind dem Vertragswerk mittlerweile beigetreten und wenden seine Regelungen im diplomatischen Alltag an. Der jetzt umfassend überarbeitete und aktualisierte Kommentar bietet dem Rechtsanwender für die Praxis Erläuterungen zu den Vorschriften des Wiener Übereinkommens. Dabei werden zentrale Themen wie die Immunität des Diplomaten, die Unverletzlichkeit der diplomatischen Mission sowie der Schutz des diplomatischen Kuriers ausführlich und unter besonderer Berücksichtigung der hierzu ergangenen deutschen Gesetzgebung und Rechtsprechung behandelt. Vielfältige Hinweise auf die Praxis des Auswärtigen Amtes aber auch anderer auswärtiger Dienste runden die Darstellung ab.
Background: Diplomats or consuls can be declared
persona non grata (PNG) by receiving states. In many cases, it is declared for security reasons, claiming that issues caused by sending states are ...matters of national security of receiving states. The extant literature focused on legal aspects of it regarding diplomatic immunities and privileges, but the declarations of PNG in international affairs require considerations from security studies.
Methods: Security is a social construct, and the process of construction is explained by securitisation theory by the Copenhagen School and the Paris School. The paper conducted an overview of PNG by a general examination of the declarations of PNG with securitisation theory. Further examinations were done focusing on series of the declarations of PNG during the Russian invasion of Ukraine in 2022. Along with the overall examination of PNG during the crisis, the analysis of the declaration of PNG to a Japanese Consul in Vladivostok, Russia was conducted as a unique case.
Results: Generally, declaration of PNG is a result of securitisation within normal politics as the Paris School theorised, not exceeding normal politics as the Copenhagen School theorised. Also, two implications to the theory were found: 1) the need to focus on the existential threat; and 2) the need to consider a sphere of gradation between normal and emergency politics. The massacre in Bucha, Ukraine triggered many declarations of PNG, indicating that the cause of the securitisation of PNG was the massacre as an existential threat. The case of Vladivostok was a deviation from normal politics with a possible illegal detention of the consul, but the declaration of PNG itself is within normal politics. Rather than seeing the case simply as in the realm of emergency politics, it is better interpreted as a mixture of normal and emergency politics.
Abstract
Diplomatic immunity ratione materiae covers not official acts in general but merely acts performed in the exercise of diplomatic functions. Consequently, crimes in international law cannot ...be protected by this immunity because Article 3(1) of the Vienne Convention on Diplomatic Relations (vcdr) in general should accord with international law, although certain functions under the Article do not contain a 'legal' element. Further, diplomatic immunity ratione materiae cannot be upheld for jus cogens violations because Article 3(1) must not contradict a jus cogens prohibition. The dividing line between the procedural rule of immunity and the substantive rule of jus cogens is blurred by the fact that the scope of diplomatic immunity ratione materiae essentially hinges upon the contents a substantive treaty provision setting out diplomatic functions.
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The Vienna Convention on Diplomatic Relations regulates the general framework for the implementation of diplomatic functions of State. Contemporary diplomacy is evolving in many areas that have not ...traditionally been in its focus, such as police and intelligence cooperation. The Republic of Serbia has also started appointing police and Security-Intelligence Agency representatives to diplomatic missions abroad. It is essential to monitor and study this practice from the standpoint of legal regulation. This matter is regulated by diplomatic and consular law, but also by national legislation and diplomatic practice. The experience and tradition of defense (military) diplomacy of the Republic of Serbia in adapting its functions to the Vienna Convention on Diplomatic Relations, legal regulation and organizational and functional support to the defense attachés network, the procedures for selecting defense attachés, training and preparing them for the duty, as well as monitoring and directing them during the performance of the diplomatic service are indisputable at the national level. The tradition of military diplomacy has prevailed for more than 140 years, which indicates the level of diplomatic practice that leads to the conclusion that Serbia does have all the needed criteria for quality and functional implementation of the assigned tasks. The question is how these criteria are met in the newly formed network of diplomatic representations of the Police and the Security-Information Agency, bearing in mind the extremely negative experiences with economic representatives of the Republic of Serbia abroad. There is no doubt that their engagement is in line with international and national legislation, but the issue of the lack of diplomatic practice in organizational and functional terms remains a questionable one. Furthermore, there is the issue of their responsibilities within the diplomatic and consular missions and the harmonization of different professional cultures and ethics, as well as the preparation for performing their duties abroad. It is clear that all these problems cannot be solved in a short term, which is a relatively new organizational solution. Some time is needed to detect shortcomings in practice and generate the experience necessary to overcome them. The practice of organizing defense (military) diplomacy of the Republic of Serbia can certainly serve as a signpost for their resolution, while respecting the specificities arising from different responsibilities and professional ethics. By analyzing the specifics of the implementation of the Vienna Convention on Diplomatic Relations in defense (military) diplomacy, analogies can be seen with the defining functions, while its legal and organizational experiences can serve as a guide to regulating the functions of Police and Security-Intelligence Agency representatives in the diplomatic service.
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 Vienna Convention on Diplomatic Relations (VCDR) was signed at the height of the Cold War more than fifty years ago. The agreement and its negotiation have become a cornerstone of diplomatic law. ...A Cornerstone of Modern Diplomacy, which is based on archival research in the National Archives (London), the Austrian State Archives (Vienna) and the Political Archive (Berlin), delivers the first study of the British policy during the negotiation of the key convention governing diplomatic privileges and immunities: the 1961 Vienna Convention on Diplomatic Relations. The book provides a complete commentary on the political aspects of the codification process of diplomatic law. By clearly presenting the case with accessible analysis, author Kai Bruns makes the relations between international law and politics understandable, stressing the impact of the emergence of the third world in UN diplomacy. This unique study is a crucial piece of scholarship, shedding light on the practice of United Nations conference diplomacy and the codification of diplomatic law at the height of the Cold War.
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