International law, Sixth edition
Download 7.77 Mb. Pdf ko'rish
|
International Law MALCOLM N. SHAW
Law, 2000, p. 73. See also Watts, ‘Legal Position’.
293 See, as to the powers of ambassadors, First Fidelity Bank NA v. Government of Antigua and Barbuda Permanent Mission 877 F.2d 189 (1989); 99 ILR, p. 125. 294 See generally Satow’s Guide, chapter 1. 295 ICJ Reports, 1980, p. 3; 61 ILR, p. 504. 752 i n t e r nat i o na l l aw the rules of diplomatic law, in short, constitute a self-contained regime, which on the one hand, lays down the receiving state’s obligations regard- ing the facilities, privileges and immunities to be accorded to diplomatic missions and, on the other, foresees their possible abuse by members of the mission and specifies the means at the disposal of the receiving state to counter any such abuse. 296 The Vienna Convention on Diplomatic Relations, 1961 This treaty, which came into force in 1964, 297 emphasises the functional necessity of diplomatic privileges and immunities for the efficient con- duct of international relations 298 as well as pointing to the character of the diplomatic mission as representing its state. 299 It both codified existing laws and established others. 300 Questions not expressly regulated by the Convention continue to be governed by the rules of customary interna- tional law. 301 The International Court has recently emphasised that the Convention continues to apply notwithstanding the existence of a state of armed conflict between the states concerned. 302 There is no right as such under international law to diplomatic rela- tions, and they exist by virtue of mutual consent. 303 If one state does not 296 ICJ Reports, 1980, p. 40; 61 ILR, p. 566. See also, affirming that the rules of diplomatic law constitute a self-contained regime, the decision of the German Federal Constitutional Court of 10 June 1997, Former Syrian Ambassador to the German Democratic Republic 115 ILR, p. 597. 297 The importance of the Convention was stressed in the Iranian Hostages case, ICJ Reports, 1980, pp. 330–430; 61 ILR, p. 556. Many of its provisions are incorporated into English law by the Diplomatic Privileges Act 1964. 298 See also 767 Third Avenue Associates v. Permanent Mission of the Republic of Zaire to the United Nations 988 F.2d 295 (1993); 99 ILR, p. 194. 299 See Yearbook of the ILC, 1958, vol. II, pp. 94–5. The extraterritorial theory of diplomatic law, according to which missions constituted an extension of the territory of the sending state, was of some historic interest but not of practical use, ibid. See also Radwan v. Radwan [1973] Fam. 24; 55 ILR, p. 579 and McKeel v. Islamic Republic of Iran 722 F.2d 582 (1983); 81 ILR, p. 543. Note that in US v. Kostadinov 734 F.2d 906, 908 (1984); 99 ILR, pp. 103, 107, the term ‘mission’ in the Convention was defined not as the premises occupied by diplomats, but as a group of people sent by one state to another. 300 See e.g. the Iranian Hostages case, ICJ Reports, 1980, pp. 3, 24; 61 ILR, p. 550. 301 Preamble to the Convention. 302 Democratic Republic of the Congo v. Uganda, ICJ Reports, 2005, pp. 168, 274. See also the Iranian Hostages case, ICJ Reports, 1980, pp. 3, 40; and the decisions of the Eritrea– Ethiopia Claims Commission on 19 December 2005, in the Partial Award, Diplomatic Claim, Ethiopia’s Claim 8, para. 24 and the Partial Award, Diplomatic Claim, Eritrea’s Claim 20, para. 20. 303 Article 2. i m m u n i t i e s f r o m j u r i s d i c t i o n 753 wish to enter into diplomatic relations, it is not legally compelled so to do. Accordingly, the Convention specifies in article 4 that the sending state must ensure that the consent (or agr´ement) of the receiving state has been given for the proposed head of its mission, and reasons for any refusal of consent do not have to be given. Similarly, by article 9 the receiving state may at any time declare any member of the diplomatic mission persona Download 7.77 Mb. Do'stlaringiz bilan baham: |
Ma'lumotlar bazasi mualliflik huquqi bilan himoyalangan ©fayllar.org 2024
ma'muriyatiga murojaat qiling
ma'muriyatiga murojaat qiling