Diplomatic Law Is A Field of International Law Concerning The Practice of
Diplomatic Law Is A Field of International Law Concerning The Practice of
Diplomatic Law Is A Field of International Law Concerning The Practice of
Consular law
the body of principles and norms (of domestic legislation as well as of international
law) regulating the activities of consuls.
Every state defines the scope of the functions of its consular representatives,
taking into account the legislation of the host country. The main sources of consula
r law are the many consular agreements concluded by individual countries defining
the legal status of consuls and laying down the basic rules under which they functi
on. Provisions regulating consular activity are contained in treaties dealing with tra
de and navigation, legal assistance, and social security. In the 20th century several
multilateral agreements were concluded that to some extent codified the treaty prac
tices of different states with respect to consular questions, for example, the Caracas
Convention on Consular Functions of 1911 and the Hague Convention on Consula
r Officials of 1928. The code of consular law is the multilateral Vienna Convention
of 1963 on Consular Relations, which defines the privileges, immunities, and basi
c functions of career consuls, as well as the legal status of honorary consuls
(https://encyclopedia2.thefreedictionary.com/Consular+Law).
Diplomatic missions carry out their activities in two parts: they relate to the
accredited state and also relate to the accredited state. Concerning bilateral
diplomacy, the diplomatic mission is divided into the following categories:
Embassy, Apostolic Nunciature, Legation, Internunciature, High Commissariat. The
most famous diplomatic mission represents the embassy, being also the most
important. For example, the Apostolic Nunciature is specific to the Holy Regiment,
because besides its diplomatic functions, it also performs ecclesiastical functions.
From the point of view of multilateral diplomacy, the diplomatic mission is divided
into permanent representations or permanent delegations and permanent missions of
an international organization to a state. Thus, the diplomatic mission and its
functions are permanently a subject that can always be different depending on the
international context (The Diplomatic Mission And Its Function, DRĂGAN-
CODREAN & BUGNAR Nicoleta,
https://ideas.repec.org/a/ora/journl/v1y2019i1p259-265.html).
Article 3
The diplomatic rights are including their immunity and confidential privileges
and unsue as in duty person. Diplomatic immunity is a principle of international law
by which certain foreign government officials are not subject to the jurisdiction of
local courts and other authorities. The concept of immunity began with ancient
tribes. In order to exchange information, messengers were allowed to travel from
tribe to tribe without fear of harm. They were protected even when they brought bad
news. Today, immunity protects the channels of diplomatic communication by
exempting diplomats from local jurisdiction so that they can perform their duties
with freedom, independence, and security. Diplomatic immunity is not meant to
benefit individuals personally; it is meant to ensure that foreign officials can do their
jobs. Under the concept of reciprocity, diplomats assigned to any country in the
world benefit equally from diplomatic immunity.
It is true that diplomats are exempt from the criminal, civil and administrative
jurisdiction of the host country. However, this exemption may be waived by their
home country. Moreover, the immunity of a diplomat from the jurisdiction of the
host country does not exempt him/her from the jurisdiction of his/her home country.
It is also within the discretion of the host country to declare any member of
the diplomatic staff of a mission persona non grata (or unwanted person). This may
be done at any time and there is no obligation to explain such a decision. In these
situations, the home country, as a rule, would recall the person or terminate his/her
function with the mission.
The Vienna Convention provides for specific measures that can be taken by
both the home and host countries in cases of misuse or abuse of diplomatic privileges
and immunities. On the whole, diplomatic privileges and immunities have served as
efficient tools facilitating relations between States. No UN Member State has so far
proposed rescinding the Convention or re-writing its provisions.
(http://www.ediplomat.com/nd/diplomatic_immunity.htm)