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DIPLOMATIC RELATIONS IN GENERAL DIPLOMATIC MISSION

DIPLOMATIC RELATIONS IN GENERAL DIPLOMATIC MISSION . Diplomatic and Consular Law. RIGHT OF LEGATION . Flows from customary law Right to embassy BUT provided that the another state expresses its consent Active / Pasive form. Establishment of diplomatic mission.

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DIPLOMATIC RELATIONS IN GENERAL DIPLOMATIC MISSION

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  1. DIPLOMATIC RELATIONS IN GENERAL DIPLOMATIC MISSION Diplomatic and ConsularLaw

  2. RIGHT OF LEGATION • Flowsfromcustomarylaw • Right to embassy BUT providedthattheanother state expressesitsconsent • Active/Pasiveform

  3. Establishmentofdiplomaticmission • Depends on state´sdecision • By mutualconsent - article2 of the VCDR - may be expressed in treaty or quite informally • Recognitionof state isimportant

  4. MEMBERS OF DIPLOMATIC MISSION Headofthemission + • Headofthemissiondiplomaticstaff = • Personnel – diplomaticstaffdiplomaticagents - administrativestaff - servicestaff

  5. HEAD OF THE MISSION • Person charged by the sending State with the duty of acting in that capacity • Classes.Art.14 of the VCDR: 1. ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent rank; 2. envoys, ministers and internuncios, accredited to Heads of State; 3. charge d'affairesaccredited to Ministers for Foreign Affairs. Except as concerns precedence and etiquette, there shall be no differentiation betweenheads of mission by reason of their class.

  6. HEADS OF MISSIONS ACCREDITATION • Article 4 of the VCDR: - agrémentofthereceiving state isnecessary • The receiving State is not obliged to give reasons to the sending State for a refusal of agrément. • In case of the appointment of a chargéd'affaires ad interim as provisional head of the mission, in thecaseofthe vacancy of the post of head or his inability, no agrémentis required.

  7. HEAD OF THE MISSION TAKING UP OF FUNCTIONS • when he has presented his credentials or • when he has notified his arrival and a true copy of his credentials has been presented to the Ministry for FA of the receiving State, or such other ministry • Heads of mission shall take precedence in their respective classes in the order of the date and time of taking up their functions

  8. CREDENTIALS • Fullpowersgiven by headofsending State to theambassadorto get accredited to receiving state and to takeupoftheofficialfunctionofthechiefofthemission • Ispresented to Head /MFA ofthereceiving State • Mustbedistinguishedfrom “FullPowers“ (specialauthorisationfromtheHead /Governmentofsending State to an agent whoischarged to take part in a congres or conference and isentrustedforthenegatiation or conclusionof a treaty)

  9. MULTIPLE ACCREDITATION • To beaccreditedto more thanone state • Obligation to duly notify • State in questionmayriseanobjection • Usefulforgeographicalreasons

  10. SELECTION OF DIPLOMATIC AGENTS • Careerdiplomats • Politicalnominations(personsofdistinguishedstanding in publiclife) • Nominated /appointed by headof state • Commoncriteriaisnationalityofsending state • Universityqualified, experienced • Britishpractice(strictlytested by Civil ServiceSelectionBoard, practice and psychologicaltests)

  11. PERSONA NON GRATA • Every state has therightofrefusing to accept a particulardiplomatic agent • No expressionofreasonisrequired • Oneshoulddistinguishbetweenpersona non grata and inadmissible (notacceptable) person • Atanytime, whetherbefore or afterhisarrival • Usuallyreceiving state doesnotrequirenamesofmembersofmissionotherthanheadofthemission to besubmittedbeforehand, to itsapproval (unlessmilitary, naval or airattachés)

  12. WHAT HAPPENS AFTER AMBASSADOR´S ARRIVAL ? • Notificationofarrival and waitingforanaudienceattheHeadofthe State • PresentationofhisCredentials /a copyofhisCredentials to theHeadofthe State (to MFA ifchargé d´affaires) = takinguphisofficialfunction • Enjoyingtheprivileges and immunitiesfromthe moment heenterstheterritoryof RS

  13. PRIVILEGES AND IMMUNITIES OF DIPLOMATIC MISSION • Right to usetheflagndemblem • Inviolabilityofdiplomaticpremises (absolute) • Immunityfromsearch, requisition, attachment or execution • Taxexemption • Inviolabilityofarchives and documents (absolute) • Right to communication (includingcouriers, codes and ciphers) • Protectionofofficialcorrespondence and diplomaticbags

  14. PRIVILEGES AND IMMUNITIES OF DIPLOMATIC AGENTS • Personalinviolability • Inviolabilityofprivatresidence (absolute) • Inviolabilityofproperty, cars, correspondence • Immunityfromcriminaljurisdiction (absolute) • Immunityfrom civil and administrativejurisdiction (3 exceptions) • No obligation to witness • Exemptionfromsocialsecurityprovisions • Taxexemption • Exemptionfrompublicserviceand militaryobligation

  15. RATIONE PERSONE (BENEFICIARIES) OF IMMUNITIES • Diplomaticagents – notnationals nor permanentresidentsofthe RS + familymembers • Membersofthetechnical and administrativestaff (limitedextent; Art 37) + familymembers • Membersoftheservicestaff (limitedextent; Art 37) + familymembers

  16. RATIONE TEMPORIS AND RATIONE LOCI OF IMMUNITIES • Fromthe moment ofenteringtheterritoryup to the moment ofleaving / to theexpirationofreasonablyperiodto do so /ever / waiver • Territoryofthe RS (someofthemabsolutely) / territoryofthethird state (someofthemconditionally)

  17. DIPLOMATIC BAG • Shallnotbeenopened nor detained • Mustbeclearlymarked (seal, indicationofdestination) • Maybeentrusted to : - diplomaticcourier (personalinviolability) - courierad hoc (limitedinviolability) - captainofthecommercialaircraft /ship (no immunity) • Scanningpractice in manycountries • AnalyticGuideofthe ILC on the status ofdiplomaticcouriers and diplomaticbags (adopted in 1989)

  18. WHAT MAY HAPPEN AFTER AN ABUSE OF IMMUNITY • Persona non grata /notacceptable • Waiveroftheimmunity by thesending state • Severance/ breachofthediplomaticrelations • Other ´unfriendlyact´ asanswer • Nothing

  19. THANK YOU FR YOUR ATTENTION. Dr. Michaela RIŠOVÁ michaela.risova@flaw.uniba.sk 2011/2012

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