Termination of Privileges and Immunities

Author(s):  
Denza Eileen

This chapter analyses Articles 39.2 and 39.3 of the Vienna Convention on Diplomatic Relations. Both deal with the termination of privileges and immunities given to members of the diplomatic missions. Article 39.2 states that when the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the country, or on expiry of a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall continue to subsist. Article 39.3 on the other hand states that in case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities until the expiry of a reasonable period.

Author(s):  
Denza Eileen

This chapter examines Articles 45 and 46 of the Vienna Convention on Diplomatic Relations. According to the Article 45 which deals with the breach of relations between States, if diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled: (a) the receiving State must, even in case of armed conflict, respect and protect the premises of the mission, together with its property and archives; (b) the sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to the receiving State; (c) the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State. On the other hand, Article 46 which deals with the State’s protection of interests, states that with the prior consent of a receiving State, and at the request of a third State not represented in the receiving State, a sending State may undertake the temporary protection of the interests of the third State and of its nationals.


Author(s):  
Denza Eileen

This chapter analyses Articles 27.5, 27.6, and 27.7 of the Vienna Convention on Diplomatic Relations. The three sections mainly centre on matters regarding the functions diplomatic couriers. According to Article 27.5, the diplomatic courier, who shall be provided with an official document indicating his status and the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the performance of his functions. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention. Article 27.6 on the other hand states that the sending State or the mission may designate diplomatic couriers ad hoc. If this happens, then the provisions of Article 27.5 shall also apply. Lastly, Article 27.7 states that a diplomatic bag may be entrusted to the captain of a commercial aircraft and that he shall be provided with an official document indicating the number of packages constituting the bag but he shall not be considered to be a diplomatic courier.


Author(s):  
Denza Eileen

This chapter discusses Articles 16, 17, and 18 of the Vienna Convention on Diplomatic Relations. Article 16 states that, in accordance with Article 13, heads of diplomatic missions take precedence in their respective classes in the order of the date and time of taking up their functions. It also states that any alterations made in the credentials of a head of mission that does not involve the changing of class shall not affect precedence. Lastly, the Article states that it is not prejudiced regarding the precedence of the representative of the Holy See. Article 17 on the other hand states that Ministry for Foreign Affairs or other similar body shall be notified of the precedence of the diplomatic staff, while Article 18 expresses that the procedure to be observed between each respective State for the reception of heads of mission shall be uniform in respect of class.


Author(s):  
Denza Eileen

This chapter analyses Article 43 of the Vienna Convention on Diplomatic Relations which discusses the end of diplomatic functions. According to the Article, the function of a diplomatic agent comes to an end, inter alia: (a) on notification by the sending State to the receiving State that the function of the diplomatic agent has come to an end; (b) on notification by the receiving State to the sending State that, in accordance with Article 9, it refuses to recognize the diplomatic agent as a member of the mission. The chapter also looks into how conflict can end the functions of a diplomatic agent. A change of government on either side not involving the Head of State, or the constitutional replacement of an elected Head of State following his death, resignation, or the end of his term of office does not on the other hand automatically end the function of the diplomatic agent.


Imbizo ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Naomi Epongse Nkealah ◽  
Olutoba Gboyega Oluwasuji

Ideas of nationalisms as masculine projects dominate literary texts by African male writers. The texts mirror the ways in which gender differentiation sanctions nationalist discourses and in turn how nationalist discourses reinforce gender hierarchies. This article draws on theoretical insights from the work of Anne McClintock and Elleke Boehmer to analyse two plays: Zintgraff and the Battle of Mankon by Bole Butake and Gilbert Doho and Hard Choice by Sunnie Ododo. The article argues that women are represented in these two plays as having an ambiguous relationship to nationalism. On the one hand, women are seen actively changing the face of politics in their societies, but on the other hand, the means by which they do so reduces them to stereotypes of their gender.


Author(s):  
Hugh H. Benson
Keyword(s):  
The One ◽  

This chapter presents a reading of Plato’s Euthyphro, Apology, and Crito. These dialogues, in which Plato depicts the weeks leading up to Socrates’s last day, are replete with various philosophical explorations. Among those explorations is the question of how to live our lives. On the one hand, Socrates is clear and straightforward. We should live the examined life—making logoi and examining ourselves and others in order to determine whether we are as wise as we think we are, and we should live the virtuous life. This is how Socrates lives his life. On the other hand, the examined life undercuts, or at least should undercut, the confidence with which he seeks to live the virtuous life. It may help bring some stability to the general principles by which he lives his life, but it can do so only defeasibly and without certainty.


2014 ◽  
Vol 14 (2) ◽  
pp. 243-288
Author(s):  
Stefan Keine ◽  
Trupti Nisar ◽  
Rajesh Bhatt

We describe and analyze the previously undocumented verbal agreement system of Kutchi (Indo-Aryan). We argue that Kutchi instantiates a novel type of split ergativity. First, it exhibits an aspect split in that agreement in non-perfective clauses behaves on a par with agreement in intransitive perfective clauses, in stark contrast to transitive perfective clauses. A striking property of Kutchi is that these asymmetries manifest themselves in the richness of agreement. In the former configurations, the verb agrees with the subject for person, number and gender. In the latter, on the other hand, agreement is systematically defective and reliable fails to cross-references certain φ-features. In addition to this aspect split, Kutchi displays a person split: While the verb normally agrees with the subject, it surprisingly fails to do so in transitive perfective clauses with a 1st person subject. Instead, it is the object that triggers agreement in these configurations, likewise in a defective manner. We will argue that these agreement asymmetries are syntactic in nature rather than morphological. Our analysis builds on, and extends, previous work by Laka (2006) and Coon (2010).


2016 ◽  
pp. 307-328
Author(s):  
Sinthya Rubio Escolar

Violence against children and youth in war causes severe damage to individuals, communities and societies. This chapter aims to demonstrate the importance of reparations for children and youth as a peacebuilding mechanism in the context of transitional justice. On one hand, the chapter seeks to address reparations for children and youth understood as a political project, with a transformative and participatory potential for rebuilding societies and healing the wounds of those who have been affected by armed conflict. On the other hand, the paper attempts to overcome the conception of children and youth as passive victims, providing them with agency to become engaged political members in building peaceful societies. Thus, reparations should position them as subjects of rights, giving them voice as contributors in peacebuilding processes.


1926 ◽  
Vol 20 (2) ◽  
pp. 237-256
Author(s):  
Charles Cheney Hyde

Naval fleets are maintained by development and replacement because their possessors dare not fail to make provision for a maritime war in which they may be participants. No means yet devised and accepted for the amicable adjustment of international differences have removed from responsible statesmen a sense of the necessity of anticipating such a contingency. Despite increasing efforts in every quarter to cultivate wills for peace and abhorrence of armed conflict, as well as a desire to adjust grave differences by judicial process or through commissions of conciliation, war is still regarded as a contingency which must be reckoned with, and as one which is as dangerous as it is seemingly remote. In making provision as against a contingency which none would welcome or hasten, the governments of maritime states do not necessarily encourage war or indicate approval of recourse to it. A particular conference of maritime states may in fact uplift the hopes of prospective belligerents which resent and oppose agreements restricting recourse to measures and instrumentalities on which they expect to rely. On the other hand, general arrangements respecting belligerent activities may serve to lessen a zeal for war and to remove its very approach further from the horizon. Everything depends upon the ambitions of the states which consent to confer. The point to be observed is that agreements for the regulation of maritime war in so far as they purport to proscribe or check the use of particular instrumentalities or recourse to particular measures, are not to be deemed bellicose in design or effect. Such regulatory agreements are advocates of peace rather than of war. Moreover, as will be seen, they may be the means of encouraging states to reduce armaments which would otherwise be maintained.


Slavic Review ◽  
1969 ◽  
Vol 28 (1) ◽  
pp. 1-24 ◽  
Author(s):  
David M. Griffiths

The precise nature of Russian-American diplomatic relations during the War for American Independence has always presented a problem for historians. On the one hand, the Declaration of Armed Neutrality by Catherine II in February 1780 seemed to represent an effort to limit British sovereignty on the seas, and news of its promulgation was greeted with enthusiasm in the struggling American colonies. But on the other hand, the reception by the Russian empress of Francis Dana, the American envoy (1781-83) sent to St. Petersburg in the aftermath of the declaration to obtain Russian aid, was far from hospitable, and was in part responsible for the strained diplomatic relations between the two nations for several years thereafter. This contradiction, more apparent than real, prompted Frank A. Golder, one of America's first historians of Russia, to call for more research in the area of Russian-American relations.


Sign in / Sign up

Export Citation Format

Share Document