Review of Japan's annexation of Dokdo and the absence of protest from Korea Refutation of Nagashima Hiroki's argument for “Diplomatic Relations between Korea and Japan, Regarded as Internal Affairs”

2020 ◽  
Vol 29 ◽  
pp. 7-41
Author(s):  
Sunghwan Lee ◽  
Keyword(s):  
Diplomatic Relations ◽  
Internal Affairs

The Duty of Non-Interference

2017 ◽  
Author(s):  
Paul Behrens
Keyword(s):  
Human Rights ◽  
Diplomatic Relations ◽  
Special Rapporteur ◽  
Legitimate Interests ◽  
Internal Affairs

The duty not to interfere in the internal affairs of the receiving State was not included in the original draft by the ILC’s Special Rapporteur, but was introduced through a later amendment. Given the significance which incidents of (alleged) interference had attained even then, this is a somewhat surprising development. In contemporary diplomatic relations, such charges play an important role and affect a wide variety of fields, ranging from criticism of the receiving State, human rights monitoring, support given to factions in that State, etc. This chapter explores the concept of interference, but it also reflects on legitimate interests on the side of the sending State which may allow (and even compel) a diplomatic agent to take measures which his hosts may consider interference. The chapter also suggests mechanisms, including the employment of proportionality, which are capable of mediating between the interests advanced on both sides of the divide.

Diplomatic Law

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
Human Rights ◽  
Historical Context ◽  
Diplomatic Relations ◽  
The Us ◽  
Physical Danger ◽  
Internal Affairs ◽  
Diplomatic Immunity ◽  
The Uk ◽  
The Impact ◽  
Terrorist Violence

Diplomatic Law was first published in 1976. The book places each provision of the Convention in its historical context; provides commentary on the application of the Convention by the UK, the US, and other States; and thoroughly examines topical problems in the field including the abuse of diplomatic immunity and terrorist violence. This updated edition also highlights important new trends in the application of the Convention regime. It explores the interaction between State and diplomatic immunity (as shown in the Pinochet case), examines methods of establishing and conducting diplomatic relations under conditions of physical danger, and looks at increased evidence of disregard for the rules of secrecy in diplomatic communications. The book also explores the greater latitude for diplomats to ‘interfere’ in the internal affairs of the receiving State in the interest of protecting human rights and evaluates the impact of adoption of the UN Convention on Jurisdictional Immunities of States and their Property.

Duties of the Mission towards the Receiving State

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
International Law ◽  
Foreign Affairs ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Internal Affairs ◽  
Laws And Regulations

This chapter considers Article 41 of the Vienna Convention on Diplomatic Relations which provides an outline of the duties of the diplomatic mission towards receiving State. According to the Article, it is the duty of all of the members of the mission, without any prejudice, to enjoy such privileges and immunities and to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State. The Article also states that all official business with the receiving State shall be conducted with or through the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed. Lastly, the premises of the mission must not be used in any manner incompatible with the functions of the Convention or by other rules of general international law or by any special agreements in force between the sending and the receiving State.

South-South Cooperation: The Ivorian-Moroccan Case

2018 ◽  
Vol 8 (12) ◽  
Author(s):  
Mamadou Sanogo
Keyword(s):  
Foreign Policy ◽  
Cote D'ivoire ◽  
Côte D’Ivoire ◽  
Sub Saharan Africa ◽  
Diplomatic Relations ◽  
African Union ◽  
Cote D’Ivoire ◽  
Côte D'ivoire ◽  
Sub Saharan

Ivorian-Moroccan relations are not new because the diplomatic relations between the two countries have been established since August 16, 1962, but the interest of Morocco for Côte d'Ivoire has considerably strengthened during the royal visit of 19-21 March 2013 in Côte d'Ivoire, the first, since the beginning of his reign in 1999. Morocco is now refocusing its foreign policy on sub-Saharan Africa after the failure of Maghreb integration. This rapprochement resulted in Morocco's return to the African Union and its accession to ECOWAS.

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.

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