The Appropriate Scope of Diplomatic Immunity

Table of Contents

Introduction

History of Diplomatic Immunity

Definition of Diplomatic Immunity

Theories 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

Conclusion

Bibliography