When serving abroad, diplomats must abide by both the diplomatic functions detailed in the 1961 Vienna Convention on Diplomatic Relations and the Convention's general obligations. This applies, too, ...to the European Union's missions (Union delegations), which execute diplomatic functions for the eu in third countries. These diplomatic activities are more severely constrained than for individual member states by the limits set by eu law in terms of the horizontal and vertical division of competences. This article demonstrates how Union delegations fulfil nearly all traditional diplomatic tasks outlined in the Vienna Convention, while going beyond the traditional conception of diplomatic functions in terms of human rights protection, the execution of administrative programmes, and the management of coordination/cooperation modes with eu member state missions on the ground. Ultimately, the article argues that Union delegations are able to meet the demands of modern diplomatic interchange and may have inadvertently altered diplomatic functions altogether.
Even over 50 years after its entry into force, the Vienna Convention on Diplomatic Relations of 1961 remains as important as ever and enjoys a high level of acceptance worldwide. Over 190 states have ...acceded to the Convention and apply its provisions in their daily diplomatic work. These comprehensively revised and updated commentaries provide those who apply the law with practical explanations on the Vienna Convention’s provisions. Key topics such as diplomatic immunity, the inviolability of the diplomatic mission and the protection of diplomatic couriers are addressed here in detail, with particular regard to German legislation and jurisprudence on such issues. The commentaries are rounded off by comprehensive information derived from the day-to-day work of the Federal Foreign Office and other foreign services.
This Note addresses the inability of domestic workers to seek redress for exploitation by diplomat employers. In examining the legal quagmire facing these workers, this Note highlights a departure by ...courts from the functional necessity theory underlying the Vienna Convention. Courts now rely wholly on the U.S. State Department's interpretation of the scope of diplomatic immunity, communicated through "Statements of Interest." The significant deference given to such statements has had dire consequences for exploited victims. Under a functional necessity approach, domestic workers are able to demand redress, as exploitation is a private act-i.e., not in furtherance of the diplomatic mission-undertaken for personal gain. In contrast, the State Department's broad grant of immunity to diplomats has effectively eroded any exception to immunity hitherto relied upon by plaintiffs. This Note questions the delegation of interpretive functions to the Executive Branch and proposes a return to restrictive immunity, as postulated by functional necessity theory.
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TWO decisions of the Supreme Court – Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs 2017 UKSC 62, 2017 3 W.L.R. 957, and Reyes v Al-Malki 2017 UKSC 61, 2017 3 W.L.R. 923 – ...demonstrate the limitations of state and diplomatic immunity in employment disputes, and raise important questions concerning the interaction between immunity and other rules of international law.
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The Chagos Islanders have faced various legal barriers in their campaign for the right of return to the Chagos Archipelago. Here, Laura Jeffery presents one more twist in this long winding road, ...namely how the courts regard WikiLeaks evidence revealing how British politicians hatched plans to turn these islands into a nature reserve, thus effectively maintaining the status quo of the existing no‐return policy.
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State responsibility-international humanitarian law--diplomatic immunity in wartime-suspension of treaties in wartime-prohibition against the use of force-treatment of public or private enemy ...property in wartime-dual national claims-pensions of enemy nationals in wartime-pensions and state succession- restrictions on trade in wartime-treatment of civilians in wartime-aerial bombardment- Article 2(4) of UN Charter-Vienna Convention on Diplomatic Relations-Fourth Geneva Convention of 1949-Additional Protocol I of 1977.
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Summary
The European Union has a unique sui generis status on the international plane, which is reflected in its capability to enter into diplomatic relations with third states and international ...organizations. Over nearly six decades, the European Union (EU) has gradually built its own worldwide bilateral and multilateral diplomatic network, which is made subject - through specific agreements with the host country - to the 1961 Vienna Convention on Diplomatic Relations. The 'Union delegations' are now operating as the diplomatic missions of the EU as a whole, in contrast to the former Commission delegations. This article examines the relationship between the EU and international diplomatic law. How does the EU establish and conduct diplomatic relations? What legal instruments are being used? How do the Vienna Convention and customary diplomatic law come into play? What is the exact legal status of EU ambassadors and diplomatic staff? By critically analysing these issues, this article assesses the specific contribution the EU makes to the further development of international diplomatic law.
Siempre que nos referimos al termino Inmunidad Diplomática, lo relacionamos con el principio
de Igualdad Soberana entre los Estados (Par In Parem Not Habet Imperium), entendiendo
esta como la ...imposibilidad absoluta de ejercer jurisdicción sobre otro Estado, incluyendo
sus agentes, que en el ámbito internacional se conocerán como Agentes Diplomáticos.
La nueva tendencia en materia de inmunidad se encamina hacia el concepto de Inmunidad
Restringida, mediante el cual se aplicará dicha inmunidad solo en los casos en que un Estado
o su agente ejecute actos propios de su función (Jure imperi), en caso contrario se aplicaran
las normas vigentes en el Estado del Foro.Es en razón a esta nueva tendencia que debemos evolucionar y cambiar la antigua mentalidad
absolutista en materia de inmunidad jurisdiccional que venía imperando, armonizándola
con la era de los derechos humanos y su efectivo goce, pretendiendo definir esa delgada línea
que separa Inmunidad de Impunidad, y esto solo se logrará cuando el legislador y los jueces,
quienes son los encargados de proferir y hacer cumplir las leyes que rigen a los ciudadanos y
a los extranjeros que se encuentren dentro del país, entiendan la importancia y necesidad de
sentar un precedente jurídico frente a este tema.
It has often been argued that the European Union has a sui generis status by being less than a nation-state, but more than an international organization, which is also reflected in its conduct of ...diplomatic relations with third states and international organizations. Since its inception, the European Union has managed to set a wide biand multilateral diplomatic network - which is subject to the provisions of the 1961 Vienna Convention on Diplomatic Relations (VCDR). This paper's purpose is to analyze some of the main challenges posed to the international diplomatic law by the EU's emergence on the diplomatic scene, in the light of the significant transformations brought by the Lisbon Treaty. PUBLICATION ABSTRACT
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This book aims to display the importance of diplomacy along with its attendant capacity – albeit with many constraints and frustrations – for adaptation. Diplomacy today takes place among multiple ...sites of authority, power, and influence: mainly states, but also including religious organizations, non-governmental organizations, multinational corporations, and even individuals, whether they be celebrities, philanthropists, or terrorists. With chapters written by contributors from across the world, this volume is intended for a global audience. It underlines the global scope and multilateral nature and solutions for today’s most pressing problems. The various sections highlight the many complex areas at play in modern diplomacy. The articles are designed to show how the theory and practice of diplomacy are attempting to deal with each specific issue area and to identify changes in the field in relation to the intersection of club and network diplomacy. Through the use of pertinent case studies, the book highlights the complex challenges facing the modern practitioner of this ancient profession. The questions that will be addressed in this volume include the following: What is the role and nature of diplomacy in twenty-first century? What are the key features that have remained constant? How do the increased number of actors involved in diplomacy interact and get things done? What are the implications for diplomacy of the dynamic nature of the interactions between bilateral, regional, and multilateral diplomacy, and of the linkages across issue areas?
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