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"DIPLOMATIC PRIVILEGES AND IMMUNITIES"
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Diplomatic law : commentary on the Vienna Convention on Diplomatic Relations
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.
eBook
Securitisation behind persona non grata: Implications to the theory and the cases regarding the Russian invasion of Ukraine in 2022 version 1; peer review: 2 approved with reservations
Background: Diplomats or consuls can be declared
persona non grata (PNG) by receiving states. In many cases, it is declared for security reasons, claiming that issues caused by sending states are matters of national security of receiving states. The extant literature focused on legal aspects of it regarding diplomatic immunities and privileges, but the declarations of PNG in international affairs require considerations from security studies.
Methods: Security is a social construct, and the process of construction is explained by securitisation theory by the Copenhagen School and the Paris School. The paper conducted an overview of PNG by a general examination of the declarations of PNG with securitisation theory. Further examinations were done focusing on series of the declarations of PNG during the Russian invasion of Ukraine in 2022. Along with the overall examination of PNG during the crisis, the analysis of the declaration of PNG to a Japanese Consul in Vladivostok, Russia was conducted as a unique case.
Results: Generally, declaration of PNG is a result of securitisation within normal politics as the Paris School theorised, not exceeding normal politics as the Copenhagen School theorised. Also, two implications to the theory were found: 1) the need to focus on the existential threat; and 2) the need to consider a sphere of gradation between normal and emergency politics. The massacre in Bucha, Ukraine triggered many declarations of PNG, indicating that the cause of the securitisation of PNG was the massacre as an existential threat. The case of Vladivostok was a deviation from normal politics with a possible illegal detention of the consul, but the declaration of PNG itself is within normal politics. Rather than seeing the case simply as in the realm of emergency politics, it is better interpreted as a mixture of normal and emergency politics.
Journal Article
Immunities of Special Missions/Immunités des Missions Spéciales
Special missions play an increasing and crucial role in international diplomacy and yet the international law governing them remains to some extent uncertain. This book is based on the responses of States to the questionnaire of the Council of Europe Committee of Legal Advisers on Public International Law (CAHDI) on 'Immunities of special missions', considered against the background of the 1969 United Nations Convention on Special Missions, key judicial decisions and national legislation on special mission immunity, government statements, and other state practice and evidence of opinio juris. The book presents and analyses the international law and practice governing special missions, while identifying remaining areas of uncertainty. This volume contains an up-to-date analysis of the law and practice of special missions, based on information from a wide range of States. It aims to provide a practical guide on this issue for governments, judges, practitioners, academics and students alike. Immunités des missions spéciales Les missions spéciales jouent un rôle croissant et crucial sur la scène diplomatique internationale et pourtant, le droit international qui les régit reste dans une certaine mesure incertain. Ce livre s'appuie sur les réponses des Etats au questionnaire du Comité des conseillers juridiques sur le droit international public (CAHDI) du Conseil de l'Europe sur les (S0(B immunités des missions spéciales (S1(B, à la lumière de la Convention des Nations Unies sur les missions spéciales de 1969, de la législation nationale et de la jurisprudence sur l'immunité des missions spéciales, des déclarations gouvernementales et d'autres pratiques étatiques et la preuve de l'opinio juris. L'ouvrage présente et analyse le droit international et la pratique régissant les missions spéciales, tout en identifiant les domaines où des incertitudes subsistent. Ce volume contient une analyse à jour de la législation et de la pratique relatives aux missions spéciales, basée sur des informations provenant de nombreux Etats. Il vise à fournir un guide pratique sur cette question pour les gouvernements, les juges, les praticiens, les universitaires et les étudiants.
eBook
Conflicting Approaches to the U.S. Common Law of Foreign Official Immunity
For more than a decade, U.S. courts have struggled to develop a common law immunity regime to govern suits brought against foreign government officials, and they are now divided on a number of issues, including the extent to which they should defer to the executive branch and whether to recognize a jus cogens exception. This Editorial Comment considers a more conceptual division in the courts, between an “effect-of-judgment” approach that would confer immunity only when the judgment that the plaintiff is seeking would be directly enforceable against the foreign state, and a broader “nature-of-act” approach that would confer immunity whenever the plaintiff's case is challenging conduct carried out on behalf of the state. The Comment argues in favor of the nature-of-act approach and explains why analogies in this context to domestic civil rights litigation are misplaced.
Journal Article
AN EXCEPTION TO DIPLOMATIC IMMUNITY FOR CLAIMS INVOLVING MODERN SLAVERY
In an important decision with potentially far-reaching implications, the Supreme Court in 'Basfar v Wong' [2022] UKSC 20 held that a diplomat may not assert immunity from civil proceedings concerning claims amounting to modern slavery.
Journal Article
Applying Harold Koh's Transnational Legal Model to Current Human Rights Challenges
For four decades, Harold Koh has been a pivotal figure in the evolving human rights movement. He has advanced scholarship on human rights in the legal academy as a distinguished professor and dean of Yale Law School. He has served in four administrations and in both the Justice and State Departments, working on human rights issues in the Obama administration as the State Department's legal adviser and in the Clinton administration as the assistant secretary of state for democracy, human rights, and labor. He also has been a leading human rights lawyer outside of government, litigating a wide range of high-profile cases in U.S. and international courts.
Journal Article
Abuse of Diplomatic Immunities and Its Consequences Under the Vienna Convention: A Critical Study
The right of each State to declare any diplomatic or consular agent persona non grata is one of the oldest principles of diplomatic and consular law. The principle of persona non grata aims to ensure justice for both the State seeking to evict a diplomat (receiving State) and the State whose diplomat is being evicted (sending State). This is because both principles can guarantee the dignity and equality of sovereign states. The Vienna Convention on Diplomatic Relations of 1961, need to respect the laws and regulations of the receiving State, and not to interfere in its internal affairs. This paper attempts to answer questions that relate to the existing remedies of hosting States in response to diplomatic intervention in their domestic affairs, measures that exist to restraint the issues of diplomatic abuses, the circumstances that give hosting States the possibility to refer to this sanction, the effectiveness of this remedy, and the position of international conventions in relation to this declaration.
Journal Article
STATE RESPONSIBILITY FOR MODERN SLAVERY: UNCOVERING AND BRIDGING THE GAP
International law prohibits slavery and slavery-like practices under treaties that have been in force for more than a century. Yet, contemporary forms of slavery are one of the prevailing challenges for the international community, with 40.3 million people in modern slavery on any given day in 2016. The State has been largely overlooked as a perpetrator or accomplice in the global movement to eradicate modern slavery. The hand of the State can however be found in contemporary cases of modern slavery. This article identifies five scenarios of State involvement in modern slavery and aims to uncover and bridge the responsibility gap.
Journal Article
General international and US Foreign relations law: Trump administration imposes sanctions on Russia for chemical weapons use, while more generally sending mixed signals regarding NATO and Russia
During the summer of 2018, U.S. diplomacy related to the North Atlantic Treaty Organization (NATO) and Russia took sharp twists and turns. President Trump's statements at a pair of diplomatic events abroad in July sowed confusion regarding the continued U.S. commitment to NATO and the nature of the relationship between the White House and the Kremlin. Yet despite some wariness regarding NATO and a desire to have \"a very good relationship with Russia,\" Trump joined a robust NATO summit declaration that emphasized Russian malfeasance and reaffirmed the importance of the North Atlantic Alliance. Several weeks later, the U.S. State Department announced the imposition of new sanctions on Russia pursuant to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991.
Journal Article