A Former Diplomat’s Reflections on the Vienna Convention

2017 ◽  
Author(s):  
Brian Barder
Keyword(s):  
Developing Countries ◽  
Case Studies ◽  
Focal Point ◽  
Personal Perspective ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
British Embassy ◽  
Western Democracies

This chapter offers a personal perspective of the VCDR, from the perspective of a former British Ambassador. A focal point of the chapter is the question whether diplomats still need their immunities under the VCDR—a theme pursued in the context of postings in developing countries and developed western democracies. Several case studies illustrate the findings, including the ‘walk-in’ by four Soviet citizens into the British embassy in Moscow in 1972 and the shooting of Yvonne Fletcher from the Libyan People’s Bureau in London in 1984. The chapter also considers the VCDR’s implications on the promotion of friendly relations between States and the rule of non-interference. It thus builds a bridge between the scholarly and the professional approaches towards diplomatic relations and reaches the conclusion that the VCDR has stood up well and remains indispensable for the continued practice of diplomacy.

PENYALAHGUNAAN HAK KEKEBALAN DIPLOMATIK DITINJAU DARI KONVENSI WINA 1961 (STUDI KASUS PENYELUNDUPAN EMAS OLEH PEJABAT DIPLOMATIK KOREA UTARA DI BANGLADESH)

2019 ◽  
Vol 1 (1) ◽  
pp. 81-94
Author(s):  
Komang Sukaniasa
Keyword(s):  
New York ◽  
North Korea ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Special Power ◽  
New York Convention ◽  
Diplomatic Immunity ◽  
The Right ◽  
State Representatives

Diplomatic officials are state representatives in developing diplomatic relations with other countries where it is accredited. Diplomatic officials have the rights of immunity and privileges granted by the sending country. Besides enjoying these rights, diplomatic officials also have obligations. As a diplomatic official from North Korea, Son Young Nam is obliged to obey the rules contained in the 1961 Vienna Convention, the 1969 New York Convention, and to respect the national law of the country of Bangladesh which is the country where he was accredited. Son Young Nam's smuggling of gold into Bangladesh was a form of abuse of diplomatic immunity. The act violated Articles 27 and 41 (1) of the 1961 Vienna Convention and Article 25b of The Special Power Act of Bangladesh. Although they have the right to immunity, these rights are not absolute. Immune rights can be breached in the event of gross violations committed by diplomatic officials.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

Fun v. Pulgar and Albergrin

2019 ◽  
Vol 180 ◽  
pp. 722-727
Keyword(s):  
United States ◽  
The United States ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Commercial Activity ◽  
Domestic Servant ◽  
The Law ◽  
Diplomatic Immunity

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servant alleging that she had been trafficked and forced to work by former employers — Certification of diplomatic status of former employers — Whether diplomatic immunity continuing despite subsequent termination of diplomatic status — Whether commercial activity exception applicable to hiring of domestic servant — Whether subsequent attempts at service defective — Whether Court lacking jurisdiction — The law of the United States

Risks of Saturation of Tourist Carrying Capacity Overload in Holiday Destinations (English version)

1983 ◽  
Keyword(s):  
Developing Countries ◽  
Case Studies ◽  
Carrying Capacity ◽  
English Version ◽  
Tourist Destinations ◽  
Area Development

The aims of this study were to identify particular cases where area development has not sufficiently taken into account the carrying capacity, and more generally, to identify saturation and capacity overload problems in tourist destinations. Incorporating a series of specific case studies, the study will recall factors and practices which have produced these situations of saturation or overload, with a view to setting forth a basis for a tourist policy in this area. This study focuses in particular on new or planned tourist destinations in developing countries.

Determinants of Public Service Career Choice in Developing Countries

2020 ◽  
Vol 35 (3) ◽  
pp. 1-34
Author(s):  
Yongjin Chang
Keyword(s):  
Developing Countries ◽  
Career Choice ◽  
Case Studies ◽  
Public Service ◽  
Power Distance ◽  
Job Security ◽  
Social Recognition ◽  
Related Factors ◽  
Bureaucratic Power ◽  
High Power Distance

This study examines factors influencing public service career choice in developing countries through case studies and a survey. Based on the results of these case studies and survey, I conclude that job security, public service motivation, social recognition and status, and the opportunity for career development are important determinants in why individuals in developing countries choose a public service career. Bureaucratic power and family-related factors also play a role and reflect the high power distance and collectivist culture of developing countries.

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