End of Diplomatic Functions

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
The Other ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Other Hand ◽  
Article 9 ◽  
Head Of State

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.

Diplomatic Couriers

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
Ad Hoc ◽  
The Other ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Commercial Aircraft ◽  
Official Document ◽  
Other Hand

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.

Precedence among Heads of Mission

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
Foreign Affairs ◽  
The Other ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Holy See ◽  
Other Hand ◽  
Similar Body ◽  
Respective State ◽  
Made In

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.

Termination of Privileges and Immunities

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
Armed Conflict ◽  
The Other ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Other Hand ◽  
The Moment ◽  
Do So

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.

Breach of Relations and Protection of Interests

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
Armed Conflict ◽  
The Other ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
The Third ◽  
Temporary Protection ◽  
Other Hand ◽  
Prior Consent

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.

Nikita Panin, Russian Diplomacy, and the American Revolution

Slavic Review ◽  
1969 ◽  
Vol 28 (1) ◽  
pp. 1-24 ◽  
Author(s):  
David M. Griffiths
Keyword(s):  
American Revolution ◽  
The Other ◽  
Diplomatic Relations ◽  
Precise Nature ◽  
American Colonies ◽  
Other Hand ◽  
The One

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.

Final Clauses

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
United Nations ◽  
Secretary General ◽  
The Other ◽  
General Assembly ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Article 50

This chapter looks into Articles 48 to 53 of the Vienna Convention on Diplomatic Relations. Article 48 states that the Convention shall be open for signature by all States Members of the UN or any of the specialized agencies or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention. Article 49 on the other hand states that the present Convention is subject to ratification, while Article 50 expresses that the Convention shall remain open for accession by any State. Article 51 enumerates the date of the enforcement of the ratifications submitted to the UN, and Article 52 states that the Secretary-General shall inform all States the deposit of instruments of ratification and the date of enforcement. Lastly, Article 53 states that the original texts of the Convention shall be deposited with the Secretary-General, who shall send certified copies thereof to all States.

Freedom of Communication

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
The Other ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Free Communication ◽  
Wireless Transmitter ◽  
The Government ◽  
The Right

This chapter considers the first sentence of Article 27.1 of the Vienna Convention on Diplomatic Relations which discusses the freedom of communication given to all members of the diplomatic mission. According to the Article 27.1, the receiving State shall permit and protect free communication on the part of the mission for all official purposes. Representatives from the sending State may employ all appropriate means, including diplomatic couriers and messages in code or cipher, in communicating with their Government and the other missions and consulates. However, if the mission wishes to use a wireless transmitter, it must first have consent of the receiving State. Without the right of free communication, the mission cannot effectively carry out two of its most important functions—negotiating with the government of the receiving State and reporting to the government of the sending State on conditions and developments in the receiving State.

Persona Non Grata

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
The State ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Article 9 ◽  
The Status ◽  
The Right

This chapter examines Article 9 of the Vienna Convention on Diplomatic Relations which refers to the status persona non grata given by the receiving State towards members of a diplomatic mission. The state renders the members as ‘unwelcome’. Article 9 gives the receiving State the right to notify the sending State that any member of the diplomatic staff is considered a persona non grata at any time, including before arrival. After being notified, the sending State must either recall the member or terminate his or her functions. If the sending State refuses or fails within a period to carry out the obligation, the receiving State may refuse to recognize the person concerned as a member of the mission. The Article proves to be a key provision in the Convention which enables a State to protect itself against unacceptable behaviour by members of diplomatic missions and forms an important counterweight to the immunities conferred elsewhere in the Convention.

The Practice and Case Law of Israel in Matters Related to International Law

1993 ◽  
Vol 27 (4) ◽  
pp. 668-700 ◽  
Keyword(s):  
International Law ◽  
Case Law ◽  
International Norms ◽  
The Other ◽  
District Court ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Customary International Law ◽  
State Immunity ◽  
Foreign Countries

Two decisions were rendered recently by Israeli courts of lower instances which concern the field of diplomatic immunities. The first, delivered by the Magistrate Court in Petah Tikwa, deals with the inviolability of diplomatic premises and with the waiver thereof; and the second, by the District Court in Jerusalem, refers to the question of state immunity from attachment and execution, and seems to constitute a clear diversion from the accepted international norms and rules on this issue. Both decisions, rendered in the matter of the residence of the Ambassador of Côte d'Ivoire to Israel, will be examined separately, following the factual background relevant to each.The question of the inviolability of diplomatic premises, as well as that of a diplomat's immunity from jurisdiction, is a separate issue from that of state immunity. The first considers the treatment given to diplomats in foreign countries, and is codified in the 1961 Vienna Convention on Diplomatic Relations (the “Convention”), while the latter consists only of customary international law, and deals with the concepts of acts of state and the immunity of sovereign states from jurisdiction by the courts of another state. In the following survey we will show that in some instances, the two issues have been confused and conclusions drawn from one to the other without consideration of the differences between the two.

scholarly journals GROUNDS FOR ENDING A POSTPONEMENT IN THE EXECUTION OF A CUSTODIAL SENTENCE

Probacja ◽  
2020 ◽  
Vol 2 ◽  
pp. 65-115
Author(s):  
Jarosław Tekliński
Keyword(s):  
Theoretical Perspective ◽  
Legal Regulation ◽  
Penal Code ◽  
The Other ◽  
Legal Norms ◽  
Other Hand ◽  
Article 9 ◽  
The Subject ◽  
The One ◽  
The Postponement

One of the few exceptions to the principle of the immediate execution of a penalty, expressed in Article 9 § 1 of the Executive Penal Code, is the institution of its deferral. The conditions of its application are specifi ed in the provisions of Article 150 and Article 151 of the Executive Penal Code. Postponement of a custodial sentence is not absolute, because the occurrence of certain factual or legal conditions during its duration may result in its termination. The subject of the article is to analyse the grounds for ending the postponement of a custodial sentence, with particular emphasis on the institution of appealing the postponement, and modifi cation of the decision pursuant to Article 24 of the Executive Penal Code. The study uses the method of dogmatic analysis, emphasizing, albeit with diff erent intensity, elements such as: description and systematization of legal norms, their interpretation as well as establishing and defi ning concepts. In the opinion of the author, the issue of the grounds for ending a postponement of a custodial sentence is, on the one hand, an attractive area of scientifi c research from a theoretical perspective. On the other hand, it is an important problem faced in the practice of judicial authorities. It is also a subject to which science seems to devote too little attention. Such a state of aff airs undoubtedly determines the need for scientific of the subject under consideration. Its results allow for the conclusion that the current legal regulation requires correction, the direction of which, by indicating the proposed changes to the applicable regulations, is presented by the author in this study.

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