Presented paper aims to define obligations of receiving state according to premises of diplomatic mission. This is particular kind of real estates, which are located on territory of state. Author ...tries to answer a question about legal effects of violation premises of diplomatic mission on the ground of the international law. Article contains key provisions of the international law for this issue, which are connected to premises of diplomatic mission and ground for the responsibility and liability of state. Presented acts of the international law concerns on not only diplomatic law, but also law of special missions and antiterrorist law. Author describes also legal status of premises of diplomatic mission on territory of receiving state. Analysis of abovementioned provisions is necessary to derive obligations of receiving state. Moreover, there are described the most well-known cases of assaults on premises of diplomatic mission and statistics concerning on this subject. Author considers possible cases of violation of premises of diplomatic mission and international legal effects of such case. There can be many cases, because inviolability of premises can be an act of third state, which is bound by provisions of diplomatic law, both agreements and custom.
Diplomacy is a series of crises, and the navigational beacon for a nation is international law. This book is a collection of articles on six selected international legal issues concerning Japan. It ...addresses various issues, including self-defence, post-war legal issues, chemical weapons, the law of the sea, consular immunities, and hijacking. It is a legal documentary through which the reader can look into the minds of Japanese officials challenged by one crisis after another.
As a coherent whole, this book ably represents “Japan’s Practice of International Law” and remarkably portrays international law in action from a Japanese practitioner’s perspective.
This legal research uses a conceptual approach and statue approach; by using primary and secondary legal materials. The purpose of this legal research is to describe the principles of diplomatic law ...and their application to the case of actions of German Embassy staff who have visited the headquarters of the Islamic Defenders Front (FPI). The results of this study indicate that diplomatic law is a system containing various principles of international law to regulate diplomatic relations between countries with universal approvement. Then, the development of diplomatic law is very progressive; marked by various conventions and codifications to create holistic norms. Furthermore, the actions of German Embassy staff visiting FPI headquarters cannot be justified by diplomatic law. This is because the potential acts of espionage by German Embassy staff also target the violation of the principle of non-intervention. Hence, on diplomatic law; violation of the principle of non-intervention creates persona non grata consequences.
Recensión de / Review of
Stefano Colavecchia, Alberico Gentili e l’Europa. Storia ed eredità di un esule italiano nella prima età moderna , eum, Macerata, 2018, 225 págs.; ,
AA.VV., Alberico e ...Scipione Gentili nell’Europa di ieri e di oggi. Reti di relazioni e cultura política. Atti della Giornata Gentiliana in occasione del IV centenario della morte di Scipione Gentili (1563 – 1616); eum, Macerata, 2018, 215 págs.;
Alberico Gentili, Libro di varie letture virgiliane al figlio Roberto (Lectionis Virgilianae Variae Liber. Ad Robertum filium, Hanau 1603). Introducción, traducción y anotaciones de Francesca Iurlaro; eum, Macerata, 2020, 369 págs.; AA.VV.,
AA.VV., Alberico Gentili e lo jus post bellum. Prospettive tra diritto e storia. Atti del convegno della XVIII Giornata Gentiliana. San Ginesio, 21-22 settembre 2018. A cura di Luigi Lacchè e Vincenzo Lavenia; eum, Macerata, 2020, 177 págs.
Fecha de envío / Submission date: 18/04/2021
Fecha de aceptación / Acceptance date: 3/04/2021
This article analyses the disregarded notion of the ius legationis (right of legation), revisiting historical debates in diplomatic theory and law over who possesses or ought to have this right. By ...examining how the ius legationis manifested into a volitional or subjectional or natural right, we argue that this renders it not merely a legal issue, but a highly political and ethical question that is of direct relevance to contemporary international relations. In an era where inclusivity is rhetorically promoted at the United Nations, we suggest that a rekindled right to diplomacy (R2D) – conceiving diplomacy as a right that is claimed but also contested – can shed light onto inequalities of representation and the role international law can play in remedying asymmetries and ethicizing the practice of diplomacy. Beyond its primary normative contribution, we argue that the R2D can also provide an analytical framework to understand UN's efforts at institutionalizing diplomatic pluralism, its logics of inclusion and exclusion, as well as the struggles of diverse groups to obtain accreditation, consultative status, and negotiation ability within multilateral diplomacy.
Abstract
The historical dimensions of city diplomacy have faced neglect in diplomatic studies and diplomatic history. Historicizing the concept of city diplomacy, however, can benefit both ...disciplines. Through a case study on early modern Amsterdam's considerable diplomatic ambitions, I argue that a historical case contextualizes current-day discourses in city diplomacy, and that cities must be assessed as diplomatic actors in order to further complete narratives on traditional state-driven diplomacy.
Under Article 9 of the Vienna Convention on Diplomatic Relations, a receiving state may “at any time and without having to explain its decision” declare any member of a diplomatic staff persona non ...grata. A person so declared is considered unacceptable and is usually recalled to his or her home nation. If not recalled, the receiving state “may refuse to recognize the person concerned as a member of the mission.” However, despite the codification of the above rules, which is largely based on pre-existing customary international law, the opportunity for diplomatic protection is not free of issues and controversies. In recent times, unfortunately, there has been a growing tendency amongst diplomats to abuse their diplomatic status, in order to commit acts prohibited by law and claim immunity from the legal process. This paper addresses the problem of abuse of immunities and privileges and its adverse implications on the balance between immunities and the duty to respect the local laws and regulations. We analyze several past cases of declaration of persona non grata involving various countries.
Este trabajo analiza las expulsiones recíprocas de diplomáticos entre Estados Unidos, Rusia y otros países occidentales con motivo de la intoxicación de un ex espía ruso, Sergei Skripal, y su ...hija,Yulia, ocurrida en el Reino Unido. Este tit for tat responde a un viejo patrón de conducta entre las potencias cuyo marco jurídico viene proporcionado, principal pero no exclusivamente, por las Convenciones de Viena sobre Relaciones Diplomáticas de 1961 y sobre Relaciones Consulares de 1963. Estas normas recogen los principios de consentimiento mutuo y de reciprocidad que gobiernan las relaciones diplomáticas y consulares entre Estados y establecen un régimen propio de normas secundarias para resolver los casos en que sus normas primarias son quebrantadas.
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GEOZS, IJS, IMTLJ, KILJ, KISLJ, NLZOH, NUK, OILJ, PNG, SAZU, SBCE, SBJE, UILJ, UL, UM, UPCLJ, UPUK, ZAGLJ, ZRSKP
Contemporary international relations have resulted not only in the establishment of intergovernmental organizations ('IGOs'), but also in the emergence of certain IGO-like entities which are entering ...into 'diplomatic-like' relations with states, characterised by privileges and immunities similar to those provided under classic diplomatic law. This paper analyses such diplomatic-like relations between states and a number of these IGO-like entities primarily in relation to so-called 'trans-governmental organizations' ('TGOs)'. In addition, organizations composed of formally non-state entities, but with an undoubtedly public purpose, such as the International Committee of the Red Cross ('ICRC') or the International Federation of Red Cross and Red Crescent Societies ('IFRC'), as well as other so-called 'advanced' non-governmental organizations ('NGOs'), will also be discussed due to their participation in legally regulated international, diplomatic-like relations with states and IGOs.
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.
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