Historically, diplomatic immunity arose out from the respect of the messengers who carry the message of their ruler or sovereign to declare war, conclude peace or about other important national issues.
What is the appropriate scope of diplomatic immunity or whether the diplomatic privileges and immunities are too broad and in what parts they should be limited? The answer to this question requires the study of the history, theory, and practice of the diplomatic privileges and immunities. The Vienna Convention is the vital subject of this work because it codified in details the customary law and the diplomatic practices regarding the diplomatic privileges and immunities. This work also analyses some cases, explaining how the rules regarding the diplomatic privileges and immunities are implementing in practice.
Table of Contents
- Introduction
- History of Diplomatic Immunity
- Definition of Diplomatic Immunity
- Theory of Personal Representation
- Theory of Exterritoriality
- Theory of Functional Necessity
- Diplomatic Immunity under International Law
- Diplomatic Immunity under the Vienna Convention on Diplomatic Relations
- Persons entitled to Privileges and Immunities
- The Non-Diplomatic Staff of the Mission
- Persons Who Are Citizens of the Receiving State or Who Are Resident in the Receiving State
- Diplomatic Privileges and Immunities
- Immunity from the Jurisdiction
- Personal Inviolability of a Diplomatic Agent
- Inviolability of the Mission Premises
- Inviolability of Residence and Property
- Inviolability of the Archives
- Freedom of Communication
- Exemption of Mission Premises from Taxation
- Exemption of Official Fees from Taxation
- Exemption from Personal Services
- Exemption of Customs Duties and Inspection
- Duration of Diplomatic Privileges and Immunities
- Beginning and End of diplomatic Privileges and Immunities
- Notification of Arrival and Departure
- Enabling Departure of Persons Enjoying Privileges and Immunities
- The Limits of Diplomatic Immunity
- Persona Non Grata
- Practice in Bosnia and Herzegovina
- Duties of the Mission and Its Members towards the Receiving State
- Using of Mission's Premises contrary to the Their Inviolability
- Exception from Immunity from Civil and Administrative Jurisdiction
- Taking Coercive Measures against Diplomats
- Non-Discrimination and Reciprocity
- Measures that Can Be Taken by the Sending State if the Receiving State Does Not Respect Privileges and Immunities of Its Diplomats
- Other Issues Related to Privileges and Immunities
- Support of the Receiving State
- Protection of Premises, Archives, and Interest after Breach of Diplomatic Relations or Recalling of a Diplomatic Mission
- Waiver of Diplomatic Immunity
- Waiver of Inviolability
- Diplomatic Immunity in Practice
- Murder from the Embassy
- Espionage, Terrorism and Subversive Activities
- Cigarette Smuggling
- Traffic Accidents
- Case Vodušek
- Parking Offences
- Diplomatic Immunity and Human Rights
- Demonstration
- Diplomatic and State Immunity versus Right of Access Court
- Diplomatic Asylum
- Divorce and the Diplomatic Immunity
- Reparations
- Waiver of Diplomatic Immunity in Practice
Objectives and Key Themes
This thesis explores the scope of diplomatic immunity, a crucial concept in international law. It aims to provide a comprehensive overview of the history, legal foundations, and practical implications of diplomatic privileges and immunities. The thesis specifically examines how these privileges are balanced with the rights of the receiving state and individual citizens.- Historical evolution of diplomatic immunity
- Legal framework of diplomatic immunity under international law
- Limits and exceptions to diplomatic immunity
- The relationship between diplomatic immunity and human rights
- Real-world cases and challenges related to diplomatic immunity
Chapter Summaries
The introduction provides an overview of the historical development of diplomatic immunity, tracing its roots from ancient practices to its modern form. It highlights the importance of protecting diplomats as representatives of their states and emphasizes the potential consequences of disrespecting diplomatic privileges and immunities. The following chapters delve deeper into the legal framework of diplomatic immunity, exploring the concept of personal representation, the principle of extraterritoriality, and the theory of functional necessity. These chapters also examine the Vienna Convention on Diplomatic Relations, which codifies international law regarding diplomatic privileges and immunities. The thesis then analyzes the specific privileges and immunities granted to diplomats, including immunity from jurisdiction, personal inviolability, and inviolability of mission premises. It also explores the duration of these privileges and the circumstances under which they may be revoked. Finally, the thesis examines the limits of diplomatic immunity, addressing issues such as the "persona non grata" status, the potential for abuse of privileges, and the relationship between diplomatic immunity and human rights. It explores practical case studies demonstrating the complexities and controversies surrounding the application of diplomatic immunity in contemporary society.Keywords
The key concepts and terms explored in this thesis include diplomatic immunity, international law, Vienna Convention on Diplomatic Relations, privileges and immunities, persona non grata, human rights, state sovereignty, and the balance between diplomatic protection and individual rights.
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- Mirza Pasic (Author), 2013, The Appropriate Scope of Diplomatic Immunity, Munich, GRIN Verlag, https://www.grin.com/document/377818
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