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On The Abuse Of Diplomatic Privileges And Immunities Of The Response Measures

Posted on:2010-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:K BeiFull Text:PDF
GTID:2206360275999680Subject:International law
Abstract/Summary:PDF Full Text Request
This article elaborated on diplomatic privileges, immunities, exemption and abusiveness and counter measures. The diplomatic privileges, immunities and exemption are the fundamental diplomatic rules or guiding principles and central contents meant for the"functional needs"of diplomatic missions and the members of the mission. This article provides for the embassy, the diplomats and"member"of the diplomatic mission such privileges and exemptions to act independently of any local pressures in negotiation. The Vienna Convention on Diplomatic Relations clearly justifies privileges to functional needs. The purpose of such privileges and immunities is not meant to benefit individuals but to ensure efficient performance of the function of diplomatic missions as representing states. This restrictive approach to individual privileges and immunities relates particularly to matter outside the diplomatic function, such as commercial activities or the private ownership of real property within the receiving states. The spirit and the letter of the Convention is the convergence of multilateral conventions, bilateral agreements, the international customary law, theories propounded by scholars, international legal precedents all makes to unify many diplomatic facts and its abuses which has provided for further exhaustive research on diplomatic privileges and immunities or exemption and finding solution to the abuse of diplomatic privileges and immunities. These articles consist of seven parts. The first three parts deals with the conception of diplomatic privileges and immunities, its accommodation, characteristics as comprehensively elaborated in the fourth part even as concisely outlined in Kyrgyzstan and China's diplomatic privileges and immunities system. The fifth and sixth parts on utilization illustrate the case study and canonical parse's method, elaborated on the abused of diplomatic privileges and immunities and proffer measure for solution. Based on this, it is proposed that a tentative plan be put in place with the hope to improve the benefit of diplomatic privileges and immunities.
Keywords/Search Tags:diplomatic privileges and immunities, functional theory, Vienna Convention on Diplomatic Relations, rights abuse
PDF Full Text Request
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