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1
Okladnaya, Marina, and Yurii Burdai. "Theories of justification of diplomatic privileges and immunities: problems and ways of solution." Law and innovations, no. 4 (32) (December 15, 2020): 74–79. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-11.
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Problem setting. The question of the theoretical justification for the existence of a significant number of privilegesand immunities enjoyed by a diplomatic agent has never lost its relevance. This is due to the fact that they are virtuallyunpunished and inviolable in the territory of the host country in the performance of their duties. D. B. Levin also paidattention to problematic issues concerning privileges and immunities. Scholars such as J. Brownie and V. M. Repetskynoted that the list of privileges should be complete given the rapid development of foreign relations between the subjectsof international law, while L. G. Falaleeva, V. V. Marakhovsky and P. M. Prybluda raised the question of unfoundednessof some privileges enjoyed by the diplomatic corps. The purpose of this work is to summarize the theoretical achievements concerning the argumentation of diplomaticprivileges and immunities, their use by members of the family of a diplomatic agent. We will also try to formulateproposals for possible innovations and restrictions on the legal status of the family of a member of the diplomatic corps. Analysis of recent research. At the doctrinal level, theories arguing for the use of diplomatic privileges and immunitiesby members of a diplomatic agent’s family are highly controversial. Among the modern works devoted to thesubstantiation of diplomatic privileges and immunities, it should be noted the works of Yu. G. Demin, D. B. Levin, V. M.Repetsky. Article’s main body. The article presents a detailed analysis of international law and the views of scholars and specialistsin this field, discusses current theoretical and applied issues of the theories of justification of diplomatic privilegesand immunities. Conclusions. After analyzing the theories of substantiation of diplomatic privileges and immunities, we concludedthat their presence is an integral part of the performance of their functions by a diplomatic agent of any rank. The purposeof such benefits and privileges is not to provide the diplomat with an additional opportunity to violate the law, but toensure his smooth exercise of his functions.The responsibility imposed on the accrediting country for acts committed in essence by persons who are not civilservants is too great and unjustified. We have also established that personal inviolability is an important aspect of theunimpeded stay of family members in the host country. But we propose to narrow this privilege, namely to establish arule that would provide for the possibility of criminal prosecution of a family member of a diplomatic agent, which entailsa sanction related to imprisonment in accordance with the national legislation of the host country.
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Okladnaya, Marina, and Yurii Burdai. "Theories of justification of diplomatic privileges and immunities: problems and ways of solution." Law and innovations, no. 4 (32) (December 15, 2020): 74–79. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-11.
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Problem setting. The question of the theoretical justification for the existence of a significant number of privilegesand immunities enjoyed by a diplomatic agent has never lost its relevance. This is due to the fact that they are virtuallyunpunished and inviolable in the territory of the host country in the performance of their duties. D. B. Levin also paidattention to problematic issues concerning privileges and immunities. Scholars such as J. Brownie and V. M. Repetskynoted that the list of privileges should be complete given the rapid development of foreign relations between the subjectsof international law, while L. G. Falaleeva, V. V. Marakhovsky and P. M. Prybluda raised the question of unfoundednessof some privileges enjoyed by the diplomatic corps. The purpose of this work is to summarize the theoretical achievements concerning the argumentation of diplomaticprivileges and immunities, their use by members of the family of a diplomatic agent. We will also try to formulateproposals for possible innovations and restrictions on the legal status of the family of a member of the diplomatic corps. Analysis of recent research. At the doctrinal level, theories arguing for the use of diplomatic privileges and immunitiesby members of a diplomatic agent’s family are highly controversial. Among the modern works devoted to thesubstantiation of diplomatic privileges and immunities, it should be noted the works of Yu. G. Demin, D. B. Levin, V. M.Repetsky. Article’s main body. The article presents a detailed analysis of international law and the views of scholars and specialistsin this field, discusses current theoretical and applied issues of the theories of justification of diplomatic privilegesand immunities. Conclusions. After analyzing the theories of substantiation of diplomatic privileges and immunities, we concludedthat their presence is an integral part of the performance of their functions by a diplomatic agent of any rank. The purposeof such benefits and privileges is not to provide the diplomat with an additional opportunity to violate the law, but toensure his smooth exercise of his functions.The responsibility imposed on the accrediting country for acts committed in essence by persons who are not civilservants is too great and unjustified. We have also established that personal inviolability is an important aspect of theunimpeded stay of family members in the host country. But we propose to narrow this privilege, namely to establish arule that would provide for the possibility of criminal prosecution of a family member of a diplomatic agent, which entailsa sanction related to imprisonment in accordance with the national legislation of the host country.
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Taranenko, M. M., and Ye S. Zolotarova. "DIPLOMATIC IMMUNITIES AND PRIVILEGES." Scientific notes of Taurida National V.I. Vernadsky University. Series: Juridical Sciences, no. 1 (2024): 182–86. http://dx.doi.org/10.32782/tnu-2707-0581/2024.1/31.
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Nurhartanto, Gregorius Sri. "DIPLOMATIC IMMUNITIES FROM THE PERSPECTIVE OF CRIMINAL, CIVIL, AND ADMINISTRATIVE JURISDICTIONS OF THE RECEIVING STATE." TANJUNGPURA LAW JOURNAL 5, no. 1 (April 9, 2021): 21. http://dx.doi.org/10.26418/tlj.v5i1.46220.
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AbstractA diplomatic mission is the representative of the sending state in the receiving state to carry out a sacred mission. For supporting the functions, diplomatic missions and diplomatic agents are given privileges and immunities rights. The privileges and immunities rights are not for individual diplomatic agents, but more importantly for the benefit of the mission as a whole. The consequence of having the privileges and immunities rights is the diplomatic missions and diplomatic agents are excluded from the local jurisdiction of the receiving state in the areas of criminal, civil and administrative law. This consequence creates complexity for the receiving country to follow up on diplomatic officials and their families if there is a violation or abuse of diplomatic immunity and privileges. There are some exceptions in world history where diplomatic officials can be followed up by recipient countries which can set a precedent for diplomatic immunity and privileges.AbstrakMisi diplomatik adalah misi resmi negara pengirim di negara penerima yang mengemban misi suci. Guna menunjang kelancaran tugas misi diplomatik maka misi diplomatik dan pejabat diplomatik diberikan hak-hak kekebalan dan keistimewaan. Hak-hak kekebalan dan keistimewaan itu bukan semata-mata untuk diri pejabat diplomatik maupun anggota keluarganya, tetapi yang lebih penting adalah untuk kepentingan misi secara keseluruhan. Konsekuensi dari dimilikinya hak-hak kekebalan dan keistimewaan tersebut adalah misi diplomatik dan pejabat diplomatik beserta anggota keluarganya dikecualikan dari yurisdiksi lokal negara penerima baik di area hukum pidana, perdata maupun acara. Konsekuensi ini mengakibatkan kompleksitas bagi negara penerima untuk menindak lanjuti pejabat diplomatik beserta keluarganya bila terjadi suatu pelanggaran maupun penyalahgunaan kekebalan dan keistimewaan diplomatik tersebut. Terdapat beberapa pengecualian terjadi di dalam sejarah dunia dimana pejabat diplomatik dapat ditindak lanjuti oleh negara penerima yang dapat menjadi preseden terkait kekebalan dan keistimewaan diplomatik.
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Allan Abu Samra, Lama. "Diplomatic Agents' Privileges and Immunities." Közigazgatási és Infokommunikációs Jogi PhD Tanulmányok 4, no. 1 (October 31, 2023): 40–55. http://dx.doi.org/10.47272/kikphd.2023.1.3.
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This research examines the extent of diplomatic immunity, specifically in cases where a diplomat commits a criminal offense. This situation raises concerns as it contradicts the fundamental principles upon which diplomatic relations between countries are established, namely, the promotion of economic, social, and cultural ties. The occurrence of such crimes committed by a diplomatic agent undermines the very purpose of fostering these relations. This issue necessitates an investigation into the fundamental characteristics and attributes of diplomatic immunity. It has been observed in global conventions and customary international law that states generally do not relinquish the immunity of their diplomatic representatives, unless the diplomat engages in a non-task-related criminal act, thereby permitting prosecution within the host state's jurisdiction.
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Nagieva, A. A., and A. E. Samadova. "The history of the formation and development of the institution of diplomatic immunities and privileges in the United States." Law Enforcement Review 7, no. 2 (June 22, 2023): 16–26. http://dx.doi.org/10.52468/2542-1514.2023.7(2).16-26.
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The subject of study. Throughout the historical period of the development of diplomatic law, an institution of immunities and privileges was formed, the content and scope of which were determined by the level of diplomatic relations between states and the development of public administration.The rules of national law also have a significant impact on the procedure for exercising dip- lomatic immunities and privileges. Many states have adopted legal acts regulating the foun- dations of the diplomatic service. For example, in the United States, after joining the Vienna Convention on Diplomatic Relations of 1961, the Law on Diplomatic Relations of 1978 was adopted, based on the rules of this Convention.The article examines the history and development of diplomatic immunities and privileges, the formation of the US diplomatic service and the content of current national laws in the US. The purpose of the study is the identification of problems in the practice of implementing diplomatic immunities and substantiate the hypothesis that it is necessary to develop the legislation on diplomatic immunities and the diplomatic service in the United States.The methodology of the study. The methodology of the study includes general scientific methods (analysis, synthesis, description, systematization) and special scientific methods (formal legal and comparative legal methods). In addition to this, historical method was also applicable.The main results. Based on the results of the study, were disclosed significant discrepancies between the national legal regulation of the US diplomatic service and the rules of interna- tional law, which leads to massive violations of diplomatic immunities and privileges by the US authorities.Conclusions. Diplomatic immunity is a guarantor of the effective operation of foreign rela- tions bodies on the territory of the host state, however, in practice, there are often cases of their violation by the authorities of the host state and cases of abuse of diplomatic im- munities and privileges by their carriers. The granting of a special legal status, personal in- violability and other privileges and immunities is in no way equated to absolute impunity for employees of foreign relations bodies in case they commit illegal acts.
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Abusamra, Lama Allan. "Diplomatic Representatives, Missions, and Consulates." EU agrarian Law 13, no. 1 (June 1, 2024): 28–38. http://dx.doi.org/10.2478/eual-2024-0004.
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Abstract This paper discusses the intricacies of diplomatic privileges and immunities as outlined in the Vienna Convention. It highlights the distinction between privileges granted to representatives of states versus those of international organizations. The classification of diplomatic staff into four categories is explained, emphasizing the inviolability and immunity of diplomatic agents. Changes in definitions and practices since 1958 are explored, along with the importance of proper notification and certification of diplomatic status. The roles of heads of missions, particularly the doyen of the diplomatic corps, are outlined, as well as the significance of acceptance or rejection of diplomatic representatives by receiving states. The article concludes with insights into the termination of diplomatic missions and the authority of states to impose conditions on diplomatic privileges and immunities.
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Nikolova-Marković, Aleksandra, and Vesna Baltezarević. "The abuse of diplomatic immunity and privileges as a modern security-diplomatic challenge." Megatrend revija 17, no. 4 (2020): 7–16. http://dx.doi.org/10.5937/megrev2004007n.
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In this scientific paper is made an analysis of the abuse of diplomatic immunities and privileges as a modern security-diplomatic challenge that needs to be overcome. The method of analysis, the historical method and the inductive-deductive method are used. It was concluded that the abuse of diplomatic immunities and privileges is a problem that dates back a long time and since the distant 1980s, there have been initiatives to change the Vienna Conventions related with the abuse of diplomatic immunities and privileges. Unfortunately, such serious changes have not taken place and therefore this security risk is still present in the practice of countries around the world and there are more and more examples of the practice where diplomats serve individual interests driven by socio-destructive or political intentions instead of institutional and state goals. Thereby, there is a violation of the principles of diplomatic work and the spread of the danger regarding the secure future of the citizens and institutions in the recipient countries.
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ABUJANAH, Anwer Mohamed Ahmed. "IMMUNITIES AND PRIVILEGES OF A DIPLOMATIC ENVOY." International Journal of Humanities and Educational Research 04, no. 01 (December 1, 2022): 147–67. http://dx.doi.org/10.47832/2757-5403.12.11.
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International diplomatic relations represent one of the greatest manifestations of independence and national sovereignty. This requires each autonomous state to establish various relationships with other countries. This leads, subsequently, to exchanges of ambassadors to manage foreign affairs. It is of prime importance to highlight the significance of the preponderant role played by diplomatic representations in the development of international relations. This consequently justifies the privilege and the great assurance granted by States to representatives, and allows them to be more efficient in their representation. This is why all States must ensure that the conditions of diplomatic agents are maintained, their rights are respected, as well as any act of deviation and violation of their assurances. This study therefore proposes to highlight the concept of diplomatic immunity, with its various types and contexts, as an essential element in the practice of this profession. It also aims to make explicit the regulations of the diplomatic system and the legal nature of the privileges granted to ambassadors. Following the various changes recently produced in the international political arena, we consider it necessary to understand the challenges in the field and to study in as much detail as possible the security and guarantees possessed by the diplomatic agent. This study is subdivided into four parts: We will first attempt to define the concept of diplomatic immunity, And we explain, in a second place, the course and the historical development of the latter. While the third part of the study, will be devoted to the explanation of the legal bases being at the origin of this immunity. Finally, the fourth part will include the study of the various types of diplomatic immunity and their different manifestations.
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Saleh Bani Issa, Mohammad, Omar Hamdan Hadrami, and Enas Baher Dabbas. "Diplomatic Privileges and Immunities between Internal law and International Law (Comparative Study)." Dirasat: Human and Social Sciences 50, no. 2 (March 30, 2023): 1–15. http://dx.doi.org/10.35516/hum.v50i2.4916.
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Objectives: The study aimed, through an understanding of diplomatic immunities and privileges in the context of the relationship between domestic law and international law, to explain the commitment of states to international law in order to achieve their interests, which is not considered an encroachment on the sovereignty of the state.
Methods: The study used the legal, systems and comparative methods to answer the questions and test the hypothesis, on the basis that the hypothesis says that there is a correlation between diplomatic immunities and privileges and sovereignty.
Results: The study showed that the international immunities and privileges occupy one of the most important advanced position for the existing lawsuits between the Juridical, legal political disputes, and the social and serenity importance. Many studies and elaborations have addressed this issue and introduced different theories, that creates packages of legal disputes on the background of the sovereignty concepts,security, stability and independence from one side, and on the other side, the states international obligations, and its interest to live peacefully and cooperating with other countries.
Conclusion: The study concluded that immunizing the diplomatic envoy from judicial accountability and exempting him from sanctions is the basis of diplomatic immunities and privileges. The issue the state gives up some of its sovereignty becomes a matter of interest and scrutiny. Therefore, international law hastened in light of the growing relations to explain these immunities and privileges and assign them to Legal grounds agreed upon by states that require more cooperation and disregard for absolute sovereignty.
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AlKhatatneh, Anas. "Legal regulation of diplomatic immunities and privileges." Al-Balqa Journal for Research and Studies 26, no. 1 (June 2023): 23–37. http://dx.doi.org/10.35875/1105-026-001-002.
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The study aims at shedding light on the issue of the legal regulation of diplomatic immunities and privileges and the requirements of the mission entrusted to him with several advantages, and the problems they raise for misuse by members of permanent diplomatic missions, as they are protected from the rules of public international law, including criminal judicial procedures of the sending state. The issue that the research discusses, emerges from the political and other changes that have occurred in the international community, most notably, ways to deal, especially after the Second World War, to restrict criminal judicial immunity, the threat to national security forced some countries to exercise their jurisdiction actually via some diplomats, and therefore it was necessary to stand on the knowledge of the limits of immunity judicial criminal granted to the diplomatic envoy. The study finds that those enjoying many diplomatic immunities and privileges, including what is judicial, some of which are related to personal freedom and others, based on the requirements of their job, in addition to that immunity does not mean escaping responsibility, and the consequent is the difference in the courts that adjudicate the pending case. The study recommends amending the text of the Convention to suit the developments and developments in Article (27) by placing special restrictions on electronic correspondence and enacting international legislation that confirms that the envoy enjoys immunities and privileges during his transit from the third country by placing this on his passport
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Lapaš, Davorin. "Diplomatic Privileges and Immunities for IGO-Like Entities." International Organizations Law Review 16, no. 2 (December 16, 2019): 378–406. http://dx.doi.org/10.1163/15723747-01602007.
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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.
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Lapaš, Davorin. "Diplomatic Privileges and Immunities for IGO-like Entities." International Organizations Law Review 17, no. 2 (June 5, 2020): 350–78. http://dx.doi.org/10.1163/15723747-20181132.
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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.
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Satesna, Dhezya Pandu. "Legal Analysis of Legal Personality Organization of South East Asian Countries (ASEAN) as the Subject of International Law." Jurnal Scientia Indonesia 5, no. 1 (April 30, 2019): 49–59. http://dx.doi.org/10.15294/jsi.v5i1.36064.
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ASEAN stands on August 8, 1967, under the agreement of five foreign ministers of Southeast Asian Countries namely Adam Malik (Indonesia), Tun Abdul Razak (Malaysia), Thanat Khoman (Thailand), Rajaratnam (Singapore), and Narcisco Ramos (Philippines). The ASEAN Charter is the legal and institutional framework that binds all ASEAN member countries and makes ASEAN an organization of legal status. ASEAN has immunities and privileges in the territory of the Member States as necessary to achieve its objectives. ASEAN with the ASEAN Charter being a full international organization, there are clear rules on ASEAN. Among them are the privileges and immunities for Permanent Representatives and diplomatic diplomatic agents in the ASEAN Secretariat.
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Humin, Oleksii, Yaroslav Hretsa, Vasyl Homonai, Omar Phartenadze, and Andrii Medvid. "International legal protection of encroachment on life of representative of foreign state." Cuestiones Políticas 40, no. 72 (March 7, 2022): 939–58. http://dx.doi.org/10.46398/cuestpol.4072.57.
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Through legal hermeneutics, the article analyzes the international legal regulation of the protection of a foreign diplomatic representative, therefore, special attention is paid to the regulation of diplomatic privileges and immunities. The need to use the positive experience of states on the introduction of internal security in diplomatic representations is based, this is the purpose of the article. It is important that, despite several existing international legal acts on the protection of diplomatic representations and their personnel, there is an urgent need to increase their efficiency and effectiveness, in particular for the filling of existing gaps in international diplomatic law through further codification and development of international law and, also, to take measures in accordance with this branch of law against the offending state, strengthening sanctions for violations by states of the provisions on the privileges and immunities of foreign diplomatic representations and their personnel. As a result, we consider it appropriate to take the measures provided for by legislation to effectively implement the rules of criminal law on the punishment of persons who have committed crimes against representatives of a foreign State who enjoy diplomatic immunity.
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Ali Faraj Alghamdi, Ali Faraj Alghamdi. "International immunities for the diplomatic envoy in Islamic law and international agreements: الحصانات الدولية للمبعوث الدبلوماسي في الشريعة الإسلامية والاتفاقيات الدولية." مجلة العلوم الإقتصادية و الإدارية و القانونية 5, no. 17 (September 28, 2021): 22–1. http://dx.doi.org/10.26389/ajsrp.c151220.
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The Diplomatic Agent has great significance at the present time because of the protection and care of the interests of individuals and states have been provided by him. The diplomacy has become the basis for preparing the foreign policy of states, as through diplomatic relations states solve many problems of peace and war and other interests of states. For that many International Conventions and Agreements were concluded to regulate diplomatic relations and lay down the rules for diplomatic protection and immunities. The most important of these international Conventions is the Vienna Convention for Diplomatic Relations 1961. Which brought special privileges and immunities for Diplomatic Agents Due to the significance of the matter, the researcher attempted through the study to shed light on “International Immunities Diplomatic Envoys in International Agreements and Islamic Sharia” by discussing the concept of Diplomatic Envoys, their duties, and the international immunity in International Law and Islamic Sharia. Through highlighting the types of immunities and their scope in International Law and Islamic Sharia, it appears that the Islamic Sharia was long ahead before nations in enforcing immunities rules and international protection of Diplomatic Agents. Thus, it has been the best influence in the international direction to implement rules of diplomatic representation, making it international law. In my study, I followed the inductive analytical approach which is approach through which the texts mentioned in the international laws that regulate the international immunity of the diplomatic envoy are extrapolated and analyzed. The conclusion included the results and recommendations of the research.
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Vorontsova, Natalia A. "International legal analysis of privileges and immunities of the Eurasian Economic Union (selected customs aspects)." Vestnik of Saint Petersburg University. Law 12, no. 3 (2021): 676–92. http://dx.doi.org/10.21638/spbu14.2021.312.
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International treaties on both general and special issues, adopted at the universal, regional and bilateral levels, provide a variety of legal mechanisms for the cooperation of States in one of the branches of international law — international customs law. Here there is a very specific set of international legal norms, of course, corresponding to general international law and at the same time introducing its own characteristics. The article provides an analysis of the privileges and immunities that are within the competence of customs administrations. In particular, the author considers the so-called “customs privileges” provided to a certain category of persons in the Eurasian Economic Union (hereinafter referred to as EAEU or Union). The article analyzes the customs aspect of the EAEU law and the relevant provisions of the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963 regarding the procedure for granting privileges and immunities to certain categories of people, the movement of diplomatic mail and the consular bag. In addition, the practice of the Russian Federation on the above-mentioned issues is described. The relevance of the research topic is due to the adoption of the new EAEU Customs Code in 2017, which has undergone significant changes in terms of customs regulation of the provision of immunities and privileges for a certain category of persons, the legal analysis of which requires correlation with international standards in this field adopted earlier. The peculiarities of customs regulation within the framework of the EAEU, regarding the granting of immunities and privileges to certain categories of persons, are pointed out and adherence to their norms of international law is noted.
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Goverdovskaya, Tatyana, and Mikhail Perepelitsyn. "Reforming the Institute of Diplomatic Immunity." Legal Concept, no. 3 (October 2019): 130–36. http://dx.doi.org/10.15688/lc.jvolsu.2019.3.19.
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Introduction: the paper carries out a legal analysis of the existing diplomatic immunities and privileges in international law. Currently the principle of immunity of a diplomat has serious problems in practical application. Despite the fact that the inviolability of diplomatic mission and diplomatic personnel is recognized and generally respected by all states, attacks, killings and terrorist acts against diplomats are not uncommon in modern international realities. These incidents define the issue and purpose of the study: to find ways of reforming the existing norms in international law governing the principle of inviolability of diplomatic personnel and their missions. The following methods of scientific knowledge were chosen as the methodological framework for the study: systematicity, analysis, historicism and modeling. Results: the cited facts of the violation of diplomatic immunity in the Caspian states prove the general tendency to ignore the basic principles and norms of diplomatic law, or irresponsible attitude towards it. Ensuring the security of all diplomatic missions and their personnel is a high-priority task for states to protect the inviolability of such institutions and individuals. Conclusions: the study identified the problems related to the failure of a host state to comply with the obligation to provide security measures for the mission and its personnel, which makes it necessary to put proposals on amending the existing international legal norms governing diplomatic immunities and privileges. It is necessary for the authorities of the host state to have access to the premises of the diplomatic mission in order to prevent diplomats from abusing their immunities. In turn, the accrediting state could be able to use its own law enforcement officers to protect its missions and their personnel.
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Zabyelina, Yuliya G. "The untouchables: transnational organized crime behind diplomatic privileges and immunities." Trends in Organized Crime 16, no. 3 (January 6, 2013): 343–57. http://dx.doi.org/10.1007/s12117-012-9184-y.
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Masutti, Anna. "Legal Problems Arising from the Installation of the Galileo and EGNOS Ground Stations in NonEU Countries." Air and Space Law 37, Issue 1 (February 1, 2012): 65–79. http://dx.doi.org/10.54648/aila2012005.
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For their full operational capability, the European Union (EU) Global Navigation Satellite Systems, Galileo and EGNOS, have to rely upon Ground Sensor Stations (GSS) for the monitoring of navigation signals received from satellites and for the transmission of data to Galileo Control Centres through public networks. Some of the GSS will be installed in non-EU countries. Naturally, for these stations, the EU would like to maintain, inter alia, the inviolability of the premises: facilities free from all types of radio interference, hacking and eavesdropping attempts; the right to use codes; the privileges accorded to diplomatic personnel, communications and documents. The legal analysis of this problem has been based on the applicability of the 1945 United Nations (UN) General Convention on the Privileges and Immunities, the 2004 UN Convention on Jurisdictional Immunities of States and the 1961 Vienna Convention on Diplomatic Relations, as well as on international customary law. Consideration has been given to the legal personality of the EU, to the nature of the activities performed by GSS in order to assess EU immunity from jurisdiction or immunity from execution.
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Higgins, Rosalyn. "The Abuse of Diplomatic Privileges and Immunities: Recent United Kingdom Experience." American Journal of International Law 79, no. 3 (July 1985): 641–51. http://dx.doi.org/10.2307/2201891.
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Ahmad, Nehaluddin. "The Obligation of Diplomats to Respect the Laws and Regulations of the Hosting State: A Critical Overview of the International Practices." Laws 9, no. 3 (August 30, 2020): 18. http://dx.doi.org/10.3390/laws9030018.
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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.
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Miller, Anthony. "United Nations Experts on Mission and their Privileges and Immunities." International Organizations Law Review 4, no. 1 (2007): 11–56. http://dx.doi.org/10.1163/157237307x217366.
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AbstractPersons, other than officials of the Organization, who are entrusted with tasks requiring professional expertise by the Secretary-General, or by an organ of the United Nations, may be accorded the status of experts on mission under the Convention on the Privileges and Immunities of the United Nations. Such tasks may be entrusted to experts on mission by treaty organs not part of the United Nations. Whether this requires an explicit or implied decision of the General Assembly and whether such treaty organs are limited to those without their own Secretariats is open to question. The privileges and immunities enjoyed by experts on mission are quasi-diplomatic in nature because it was foreseen that they would often operate away from UN premises, which are inviolable. However, these privileges and immunities are enjoyed in the interests of the United Nations. If immunity is asserted against a third party alleging damage by the expert, a remedy must be provided by the United Nations to finally dispose of the substance of the claim. This ensures that the United Nations is accountable for such acts. The General Assembly has promulgated regulations to govern the conduct of experts and to ensure that they are held to account for their activities.
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Värk, René. "Diplomatic and Consular Privileges and Immunities in Case of Unfriendly Cyber Activities." Baltic Yearbook of International Law Online 14, no. 1 (March 9, 2015): 125–36. http://dx.doi.org/10.1163/22115897-90000110.
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Värk, René. "Diplomatic and Consular Privileges and Immunities in Case of Unfriendly Cyber Activities." Baltic Yearbook of International Law Online 14, no. 1 (March 9, 2015): 125–36. http://dx.doi.org/10.1163/22115897-90000124.
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Subramanian, S. R. "Abuse of Diplomatic Privileges and the Balance between Immunities and the Duty to Respect the Local Laws and Regulations under the Vienna Conventions: The Recent Indian Experience." Chinese Journal of Global Governance 3, no. 2 (October 17, 2017): 182–233. http://dx.doi.org/10.1163/23525207-12340027.
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Abstract The successful adoption of the Vienna Convention on Diplomatic Relations is hailed as the ‘landmark of the highest significance in the codification of international law’. It represented the first significant codification of any international instrument since the United Nations was established. However, despite the codification of the above rules, which is largely based on the pre-existing customary international law, the scope of diplomatic protection was not free from issues and controversies. In recent times, unfortunately, there is a growing tendency amongst the diplomats to abuse their diplomatic status to commit acts prohibited by law and still claim immunity from legal process. The States-parties also aggravate this situation by selectively interpreting the rules in their favor, ignoring the fact that reciprocity is the basis for the successful functioning of the diplomatic protection. In this connection, 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, especially with special reference to the recent Indian experience. It explores the two recent Indian diplomatic confrontations, namely, the arrest of Devyani Khobragade and the travel ban on Daniele Mancini. Based on the study, it highlights the need for a well-balanced and equitable enforcement of the Vienna Conventions in the interest of maintenance of cordial diplomatic relations in the international community.
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Hopkins, John. "International Law—Diplomatic Privilege—Immigration—Waiver of Immunities." Cambridge Law Journal 50, no. 2 (July 1991): 220–23. http://dx.doi.org/10.1017/s0008197300080387.
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Dominelli, Stefano. "Internet and eDiplomacy: ‘Traditional’ Diplomatic Law in the Digital Era." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 81, no. 3 (2021): 733–54. http://dx.doi.org/10.17104/0044-2348-2021-3-733.
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The rise of internet and social media has changed, amongst others, international politics and international relations, putting the rules of the 1961 Vienna Convention on Diplomatic Relations under a stress test. The present work wishes to contribute to the current scholarly debate on whether already existing traditional rules of diplomatic law can easily be adapted to a post-modern world. More in detail, it will be dwelled if and to what extent diplomatic privileges and immunities conceived for an 'in person' diplomacy can be applied to 'eDiplomacy' as well. The proper identification of notions such as 'premises', 'archives', or 'correspondence are currently under debate, as is the regime of protection of diplomatic premises in cases of cyber-crimes. Additionally, at current times, it seems the most prominent issue relates to the possibility to use in court diplomatic protected documents illegally obtained. Under the 1961 Vienna Convention, it remains unclear whether an unlawfully obtained diplomatic cable is always inadmissible. More straightforward seem to be other issues of eDiplomacy, either because the existing legal framework appears sufficiently flexible to be interpreted in such a way as to cope with eDiplomacy, or because international diplomatic law is not applicable to such new scenarios, leaving the door open for States to elaborate original solutions, if they deem it opportune.
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Yusuf, Darmawan, Agusmidah Agusmidah, Ningrum Natasya Sirait, and Aloysius Uwiyono. "Embassy of Foreign Country as Employer Subject to Severance Payment Obligations." Ultimate Journal of Legal Studies 1, no. 1 (June 15, 2023): 13–26. http://dx.doi.org/10.32734/uljls.v1i1.13017.
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This research examines the employment agreements between foreign state representatives and local workers that are not related to diplomatic functions and therefore do not enjoy diplomatic immunity. While industrial relations disputes typically arise between workers and company management, there have been instances of labor disputes between workers and foreign state representatives. This creates a connection between Indonesia's legal system and the principle of diplomatic immunity in international law. Despite Indonesia's ratification of the Vienna Conventions of 1961 and 1963 through Law No. 1 of 1982, there is currently no specific national legislation governing privileges and immunities. As a result, labor disputes involving diplomatic immunity are dependent on court judgments. The focus of this research is on the severance payment obligations stipulated in labor laws and the responsibility of foreign embassies as employers in Indonesia to make severance payments. The research methodology employed is normative research with a legislative approach. Through qualitative data analysis, the following conclusions were drawn: First, the existence of pension programs does not automatically negate the right to severance pay that workers should receive upon reaching retirement age. Second, the Employment Law is inconsistent in regulating severance payments and pension guarantees as they were initially regulated separately.
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Bureš, Pavel. "Recent Developments of International Law Commission Work on Immunity of State Officials from Foreign Criminal Jurisdiction." Polish Review of International and European Law 10, no. 2 (December 18, 2021): 63–78. http://dx.doi.org/10.21697/priel.2021.10.2.03.
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Immunity is a well bedded concept within international law and mainly within the principle of sovereign equality of states. There are different procedural implications of the concept of immunity – diplomatic and consular privileges and immunities, State jurisdictional immunities and also immunity of State officials from foreign criminal jurisdiction. The Article focuses on the latter one and portrays on recent developments of immunity of State officials from foreign criminal jurisdiction as it is elaborated by the UN International Law Commission (‘ILC’). The author frames (in the introduction) the concept of immunity and especially the immunity of State officials and puts it in a large theoretical structure of international law and in the work of ILC. Then, he focuses his attention on the phenomenon of progressive development of international law (2) and how it is used with respect to the topic considerated by the ILC. He then presents main ILC conclusions regarding limitations and exceptions to immunity of State officials (3) and finally outlines latest development (4) of the ILC work dealing mainly with relationship between foreign criminal jurisdiction and international criminal jurisdiction and other procedural questions.
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Krivokapić, B. D. "Concept, origin and development of diplomacy." Juridical Journal of Samara University 8, no. 4 (January 24, 2023): 62–73. http://dx.doi.org/10.18287/2542-047x-2022-8-4-62-73.
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The article deals with the problems of origin and the first stage of development of diplomacy. Mentioning various approaches, the author identifies 8 possible definitions of diplomacy, noting that how it will be understood depends on the context. Then interesting points are presented related to the emergence and development of diplomacy in the distant past, with a special overview of special diplomatic missions, diplomatic correspondence, the first permanent diplomatic missions, other forms of diplomatic and quasi-diplomatic relations, laws (internal legal acts of the countries of the Ancient World), diplomatic privileges and immunities. This is followed by a brief overview of the further development of diplomacy and diplomatic law. The author believes that today there is much evidence that profound changes are coming both in the existing concept of diplomacy and in international diplomatic law. Some of the reasons are that the processes of globalization, regionalization and integration are increasingly active on the international scene; the sovereignty of states is weakening; the range of types of international cooperation is expanding, which is carried out in other ways, and not through states; the role of international organizations is being strengthened; the importance of permanent diplomatic missions is also decreasing because many issues, especially the most important ones, are resolved in other ways, since the development of means of transport and technology has allowed heads of state to quickly meet at summits, as well as to increasingly use bilateral and multilateral meetings via Internet video communications; the number and importance of non-state actors in international relations and international law, in particular such as transnational companies, is constantly increasing; etc.
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Higgins, Rosalyn. "UK Foreign Affairs Committee Report on the Abuse of Diplomatic Immunities and Privileges: Government Response and Report." American Journal of International Law 80, no. 1 (January 1986): 135–40. http://dx.doi.org/10.2307/2202485.
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Denza, Eileen. "The 2005 UN Convention on State Immunity in Perspective." International and Comparative Law Quarterly 55, no. 2 (April 2006): 395–98. http://dx.doi.org/10.1093/iclq/lei086.
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State immunity is highly unusual among established areas of public international law in that it has been created and developed largely through cases in national courts and through national legislation. In sharp contrast to diplomatic and consular privileges and immunities, the role of reciprocity and of diplomatic negotiation in shaping the rules of state immunity has been rather limited. While national courts have purported to apply these rules as international law, they have inevitably viewed them within the frame-work of the constitutional approach taken by the particular national legal order to rules of international law and they have looked to earlier national precedents rather than to cases in other jurisdictions. In consequence, cross-fertilization has been rather limited and the process of response by national courts to the changing functions of States in the modern world has been painfully slow. Over the past 30 years, the uncertainties and inadequacies of leaving state immunity rules to national courts has been addressed mainly through national statutes—but while the draftsmen and legislators have paid careful attention to other statutes and tried to follow their best features, this process has compounded the perception of the courts that state immunity is an area of national law, to be interpreted and refined at national level.
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Rakhmanov, Shukhrat. "LEGAL BORDERS OF HARMONIZATION OF THE LEGISLATION OF THE NEW UZBEKISTAN AND THE DIPLOMATIC LAW OF INTERNATIONAL ORGANIZATIONS." Jurisprudence 3, no. 1 (February 24, 2023): 144–53. http://dx.doi.org/10.51788/tsul.jurisprudence.3.1./alyp2969.
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The article analyzes the positive impact of changes in the modern period of development in the country, in connection with the increased participation of Uzbekistan in the activities of various international organizations, including the formation and development of the diplomatic law of international organizations in the system of diplomatic and consular law. It is noted that over the past quarter of a century, an integral system of domestic regulatory legal acts has been created that regulate the membership and participation of Uzbekistan in the activities of international organizations, as well as the opening of representative offices and missions at international organizations, their status, privileges and immunities. It was also emphasized that in recent years, consistent work has been carried out to radically improve the legal framework for foreign policy and foreign economic activity of the country, as well as the legal framework for multilateral cooperation of the Republic of Uzbekistan with international organizations. In this connection, the legal documents aimed at developing the sphere of diplomatic law of international organizations have been studied. Since the fundamental reforms that began five years ago in New Uzbekistan played a colossal role in the country’s transition to a new, modern path of development and modernization, increasing the efficiency of the domestic and foreign policy of the state. Based on the results of the study, a number of recommendations were put forward aimed at improving the system of legislation.
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Glodić, Duško. "Importance and Role of Honorary Consuls in Exercise of Consular Functions // Značaj i uloga počasnih konzula u obavljanju konzularnih funkcija." Годишњак факултета правних наука - АПЕИРОН 8, no. 8 (July 24, 2018): 156. http://dx.doi.org/10.7251/gfp1808156g.
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The article explores the role and importance of honorary consuls in the exercise of consular functions assigned to them. Their commitment to the strengthening of the inter-state cooperation in the non-political sphere and the support, protection and advice provided by the honorary consuls were emphasised as the historically grounded services rendered by this category of agents. It is, however, stressed that, although the contemporary ways of communication between different state and non-state actors happen without the use of diplomatic and consular mechanisms, the honorary consuls still find their place in the relations between the states and commercial, trade and other sorts of partners based in different states. The positive International Law, including the Vienna Convention on Consular Relations, as well as bilateral consular conventions, concluded between the interested parties, recognises the institutions of honorary consuls and possesses a certain set of rules that define the appointment and status of them. The article further explores the legal nature, privileges and immunities that are accorded to the honorary consuls and highlights the sets of usual and less usual consular functions that may be assigned to them by the sending state. Some exploration of both official and symbolic functions of the existence of the use of honorary consuls has been made in the article.
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Fox, Hazel. "The Abuse of Diplomatic Privileges and Immunities: A Necessary Evil? By J. Craig Barker. [Aldershot: Dartmouth. 1996. xii + 283 pp. ISBN 1-85521-723-6. £42·50]." International and Comparative Law Quarterly 46, no. 3 (July 1997): 724–25. http://dx.doi.org/10.1017/s002058930006098x.
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Moritani, Yuki, and Hajime Akiyama. "Securitisation behind persona non grata: Implications to the theory and the cases regarding the Russian invasion of Ukraine in 2022." F1000Research 12 (March 13, 2023): 269. http://dx.doi.org/10.12688/f1000research.129876.1.
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Background: Diplomats or consuls can be declared persona non grata (PNG) by receiving states. In many cases, it is declared for security reasons, claiming that issues caused by sending states are matters of national security of receiving states. The extant literature focused on legal aspects of it regarding diplomatic immunities and privileges, but the declarations of PNG in international affairs require considerations from security studies. Methods: Security is a social construct, and the process of construction is explained by securitisation theory by the Copenhagen School and the Paris School. The paper conducted an overview of PNG by a general examination of the declarations of PNG with securitisation theory. Further examinations were done focusing on series of the declarations of PNG during the Russian invasion of Ukraine in 2022. Along with the overall examination of PNG during the crisis, the analysis of the declaration of PNG to a Japanese Consul in Vladivostok, Russia was conducted as a unique case. Results: Generally, declaration of PNG is a result of securitisation within normal politics as the Paris School theorised, not exceeding normal politics as the Copenhagen School theorised. Also, two implications to the theory were found: 1) the need to focus on the existential threat; and 2) the need to consider a sphere of gradation between normal and emergency politics. The massacre in Bucha, Ukraine triggered many declarations of PNG, indicating that the cause of the securitisation of PNG was the massacre as an existential threat. The case of Vladivostok was a deviation from normal politics with a possible illegal detention of the consul, but the declaration of PNG itself is within normal politics. Rather than seeing the case simply as in the realm of emergency politics, it is better interpreted as a mixture of normal and emergency politics.
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Kopcha, Natalia, and Vasyl Kopcha. "Legal experience regarding the reform of the police forces of the Republic of Poland: theory and practice." Visegrad Journal on Human Rights, no. 1 (December 29, 2023): 113–19. http://dx.doi.org/10.61345/1339-7915.2023.1.16.
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The article contains a study of normative regulation and the specifics of the organization of police forces in Poland. Special attention is paid to the analysis of the law on the police of 1990, as well as other normative acts in this area.
Police reform was facilitated by the determination of the political elites of Poland regarding the priorities of social transformations, which were embodied in 1996 in the National Integration Strategy, a document that outlined the content of the reforms [ , p. 278]. From a political body that was an important attribute of the communist regime, in a few decades the Police of Poland turned into a police organization based on fundamentally new principles, which as of March 2016 was trusted by more than 72% of polled Poles.
Legislative foundations. As noted, in the Republic of Poland, a special law on police forces was approved back in 1990, during the first steps of reforming society and the state. The Police Law of April 6, 1990 (hereinafter - the Law) was amended by 137 acts (laws and decisions of the Constitutional Tribunal) by the end of 2017. In addition to the Law, the normative basis of the activities of the Polish police is a number of subordinate legal acts, namely: the order of the Council of Ministers “On the methods of proceedings in the exercise of certain powers of the police” dated 26.07.2005, the order of the Council of Ministers “On the determination of cases, as well as conditions and methods of use of direct coercion by the police” dated 17.09.1990, the order of the Minister of Internal Affairs and Administration “On Arming the Police” dated 15.11.2000, the order of the Council of Ministers “On special conditions and methods of proceedings in the use of firearms and ambushes by the police use of firearms by departments and subdivisions of the police” dated 19.07.2005, the order of the Minister of Internal Affairs and Administration “On police uniforms” dated 20.05.2009, the directive of the Chief Commandant of the Police “On the actions of police officers against road users who use diplomatic or consular immunities and privileges, and who enjoy domestic immunities” dated 03.01.2006, “Principles of professional ethics of a police officer” (approved by the order of the chief commandant of the police dated 31.12.2003 No. 805), etc.
It was concluded that the main factor in the reform of the Polish police was the obligation to implement the standards and values of EU police activity, the accession to which was a strategic goal of the state.
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Kwakwa, Edward, and Marie-Lea Rols. "The Privileges and Immunities of the World Intellectual Property Organization." International Organizations Law Review 10, no. 2 (June 20, 2014): 373–94. http://dx.doi.org/10.1163/15723747-01002008.
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In light of their particular role and position, international organizations have long benefited from specific privileges and immunities. Most notably, it is usually understood that these organizations enjoy jurisdictional immunity and that their premises are inviolable, while some privileges and immunities have been extended to their staff. Those privileges and immunities, however, are not absolute and can be curtailed, or waived, under certain circumstances. As a result, not only may the practice regarding privileges and immunities vary from one organization or jurisdiction to another, but the precise scope of said privileges and immunities could be challenged. The World Intellectual Property Organization (‘wipo’) benefits from a comprehensive protection in that respect, based either on the 1947 Convention on the Privileges and Immunities of the Specialized Agencies or bilateral agreements, complemented by relevant domestic provisions. Nonetheless, the Organization rarely had to exercise them so far. In fact, it seems that wipo’s policy and related practice with regards to potential claims or claimants, rather than an intricate web of privileges and immunities provisions, has kept the Organization out of the courts.
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Wickremasinghe, Chanaka. "The Immunity of International Organizations in the United Kingdom." International Organizations Law Review 10, no. 2 (June 20, 2014): 434–45. http://dx.doi.org/10.1163/15723747-01002011.
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This article analyses how the immunities of international organizations have been treated in the United Kingdom. It describes how the United Kingdom has approached the privileges and immunities of the international organizations to which it plays host and how the United Kingdom has framed these privileges and immunities in domestic legislation. This article further addresses how United Kingdom courts have treated immunities, and demonstrates that national courts have been cognisant of the importance of upholding the privileges and immunities of international organizations.
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Oswald, Bruce ‘Ossie’, and Adrian Bates. "Privileges and Immunities of United Nations Police." Journal of International Peacekeeping 14, no. 3-4 (March 25, 2010): 375–402. http://dx.doi.org/10.1163/187541110x504418.
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This paper examines the law concerning the privileges and immunities of international police serving in UN peace operations. It describes the legal framework concerning privileges and immunities in UN peace operations and focuses on the key legal privileges and immunities that UN police are granted. More specifically the paper describes the immunity of UN police from criminal and civil jurisdiction of the host State.
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Shukhrat, Rakhmanov. "PRIVILEGES AND IMMUNITIES OF REPRESENTATIVE OFFICES OF INTERNATIONAL ORGANIZATIONS IN MEMBER STATES." International Journal Of Law And Criminology 03, no. 01 (January 1, 2023): 21–27. http://dx.doi.org/10.37547/ijlc/volume03issue01-05.
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This article examines the application of privileges and immunities of representative offices of international organizations in member states. It contains a detailed analysis and deliberation of the legal basis of privileges and immunities of representative offices of international organizations in Member States. The most problematic issues of the application of privileges and immunities of representative offices of international organizations in member states are highlighted, Based on the study, it is proposed to take a number of practical measures.
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KOPYLOVA, EKATERINA A. "International legal immunities and privileges of the Рrosecutor amicus curiae." Public Administration 22, no. 3 (2020): 55–63. http://dx.doi.org/10.22394/2070-8378-2020-22-3-55-63.
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The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.
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AZIZ, Davinia. "Global Public-Private Partnerships in International Law." Asian Journal of International Law 2, no. 2 (July 2012): 339–74. http://dx.doi.org/10.1017/s2044251312000148.
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Over the last decade, public-private partnerships between states and a variety of non-state actors have proliferated as vehicles for functional co-operation at the global level. In parallel, there has been an emerging trend to accord such partnerships the privileges and immunities normally reserved for intergovernmental organizations (“IO-type privileges and immunities”). After identifying the legal and normative issues associated with this trend, this article argues that IO-type privileges and immunities should be restricted to entities that are clearly established under and governed by international law, and that any approach to IO-type privileges and immunities as a uniform package deal, regardless of the precise functional requirements of the global public-private partnership and its different categories of staff, or the specific conditions in the relevant national jurisdiction where a given privilege or immunity is sought, should be avoided.
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Dojas, Alberto E. "The Privileges and Immunities of the Organization for the Prohibition of Chemical Weapons." International Organizations Law Review 12, no. 1 (November 20, 2015): 237–78. http://dx.doi.org/10.1163/15723747-01201009.
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This practice note describes the privileges and immunities legal framework of the Organization for the Prohibition of Chemical Weapons. This legal regime shows a certain complexity derived for the peculiar character of a disarmament and verification institution, whose intrusiveness poses many challenges to States Parties, particularly on the privileges and immunities of inspection teams and the protection of confidential information. The opcw managed to protect its privileges and immunities adequately, without almost no legal conflicts both at the domestic and international level. The disputes settlement mechanisms play an important role in providing ways to avoid legal controversies.
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Burci, Gian Luca, and Egle Granziera. "Privileges and Immunities of the World Health Organization." International Organizations Law Review 10, no. 2 (June 20, 2014): 349–72. http://dx.doi.org/10.1163/15723747-01002007.
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This paper presents a brief overview of the World Health Organization’s experience with privileges and immunities, focusing on the sources of its privileges and immunities and the challenges encountered in asserting them and securing their respect. This overview will demonstrate how complex and sometimes elusive the legal protection afforded to the WHO can be. Although the rationale for the WHO’s privileges and immunities is constitutionally founded on the notion of functional necessity,1 the scope and limits of its functions can be blurred or shifting. While the WHO has not faced the dramatic challenges to or denials of its privileges and immunities that other organizations have encountered, the trend of progressive erosion of legal protection in the name of accountability, democratic control by national courts, the protection of human rights and shifting perceptions of the ‘added value’ of international organizations may eventually require a conscious and strategic revision by the international community of the model of international cooperation represented by international organizations.
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Zieliński, Marek. "What are the Ultimate Sources for Privileges and Immunities of the European Union? Comment on the Judgement of the Court of Justice, Case C-502/19 Junqueras Vies." Polish Review of International and European Law 10, no. 1 (April 21, 2021): 139–53. http://dx.doi.org/10.21697/priel.2021.10.1.06.
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The judgment of the Court of Justice of the EU in the case of Mr Junqueras Vies has been significant in many respects. It has split the mandate of Members of the European Parliament from the parliamentary functions fulfilled by them. It has also extended the scope of parliamentary privileges and immunities of MEPs as a result of extensive reading of the provisions of the Protocol on Privileges and Immunities of the EU. The present comment argues that such an extensive interpretation had only been possible because the CJEU found in its judgment that the principle of representative democracy created a ‘context’ in which the Court reread the respective provisions on the immunities of MEPs. As a result of the above, it seems the CJEU has found yet another basis for the EU’simmunities, functioning independently of Article 343 TFEU. Contrary to the EU’s immunities which are based on Article 343 TFEU and operate according to the principle of functional necessity, which is characteristic for traditional international organisations, immunities based on the principle of representative democracy operate according to ‘constitutional’ logic, which is characteristic for states. As the EU is evidently neither a traditional international organisation nor a state, simultaneous operation of these two sources for its privileges and immunities may prove to be difficult. In particular, EU citizens may start to wonder why the EU, the functioning of which is based on the principle of representative democracy, enjoys privileges and immunities characteristic for traditional intergovernmentalorganisations.
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Warbrick, Colin, and Dominic McGoldrick. "I. Diplomatic Representations and Diplomatic Protection." International and Comparative Law Quarterly 51, no. 3 (July 2002): 723–33. http://dx.doi.org/10.1093/iclq/51.3.723.
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The European Court of Human Rights has decided in the last three years five cases dealing with state or international immunities.1 Although the facts differed, the arguments of the applicants were much the same. They contended that allowing a foreign State or an international organisation to claim immunity in a civil action in proceedings in the defendant State violated the applicants' rights to access to a court for the determination of a civil right.2 The European Court accepted the claims in principle but concluded in each case that the limitation imposed on the right of access was for a legitimate reason (the protection of State or international immunities, a condition for effective co-operation between States or with international organisations) and was proportionate to this aim, because in each case, the grant of immunity was required by international law and that in each case there was the possibility of the applicant using another procedure to try to assert his rights, action in the courts of the foreign State or under the special staff regime of the international organisation.
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Debuf, Els. "Tools to do the job: The ICRC's legal status, privileges and immunities." International Review of the Red Cross 97, no. 897-898 (June 2015): 319–44. http://dx.doi.org/10.1017/s181638311500051x.
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AbstractThe International Committee of the Red Cross (ICRC) enjoys a specific legal status and specific privileges and immunities under both international and domestic law. They enable the ICRC to effectively carry out its mandate, and to do so in full conformity with its Fundamental Principles and standard working modalities. This article clarifies the ICRC's particular legal status and explains the rationale, scope and legal sources of its privileges and immunities.
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Aziz, Davinia Abdul. "Privileges and Immunities of Global Public-Private Partnerships: A Case study of the Global Fund to Fight AIDs, Tuberculosis and Malaria." International Organizations Law Review 6, no. 2 (2009): 383–419. http://dx.doi.org/10.1163/157237409x477635.
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AbstractThe question of whether it is at all appropriate to extend privileges and immunities regimes beyond international organizations to the increasingly ubiquitous global public-private partnership structure has received little attention to date in the scholarly literature. This article examines this question through a study of the Global Fund to Fight AIDS, Tuberculosis and Malaria, a permanent global public-private partnership that formally incorporates non-state actors as equal players in its core governance structures. The article concludes that considerations of genesis and administrative law-type analyses of institutional design may, to some extent, substitute for the constituent treaty of classical international law in order to identify which global public-private partnerships should benefit from privileges and immunities, as well as the specific privileges and immunities to be granted in each case to facilitate the effective fulfilment of these partnerships' mandates.