Diplomatic Protection
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Author | : Chittharanjan Felix Amerasinghe |
Publisher | : Oxford University Press, USA |
Total Pages | : 384 |
Release | : 2008 |
Genre | : Law |
ISBN | : |
This title offers a juristic exposition and analysis of diplomatic protection as an institution of public international law. It goes on to examine conflicts of interests, and the influence of human rights on diplomatic protection.
Author | : Edwin Borchard |
Publisher | : |
Total Pages | : 1038 |
Release | : 1915 |
Genre | : Aliens |
ISBN | : |
Author | : Rodrigo Polanco |
Publisher | : Cambridge University Press |
Total Pages | : 373 |
Release | : 2019-01-10 |
Genre | : Law |
ISBN | : 1108473385 |
This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.
Author | : Eileen Denza |
Publisher | : Oxford University Press |
Total Pages | : 472 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198703961 |
The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.
Author | : Biswanath Sen |
Publisher | : Springer |
Total Pages | : 545 |
Release | : 2012-12-06 |
Genre | : Law |
ISBN | : 9401187924 |
It gives me great pleasure to write a foreword to :\1r. Sen's excellent book, and for two reasons in particular. In the first place, in producing it, Mr. Sen has done something vvhich I have long felt needed to be done, and which I at one time had am bitions to do myself. \Vhen, over thirty years ago, and after some years of practice at the Bar, I first entered the legal side of the British Foreign Service, I had not been working for long in the Foreign Office before I conceived the idea of writing - or at any rate compiling - a book to which (in my own mind) I gave the title of "A ~fanual of Foreign Office Law. " This work, had I ever produced it in the form in which I visualised it, could probably not have been published con sistently with the requirements of official discretion. But this did not worry me as I was only contemplating something for private circulation within the Service and in Government circles. :Mr. Sen's aim has been broader and more public-spirited than mine was; but its basis is essentially the same.
Author | : Eugenio Cusumano |
Publisher | : |
Total Pages | : 280 |
Release | : 2019 |
Genre | : Diplomatic and consular service |
ISBN | : 9780804791052 |
The safety of diplomats has animated recent public and political debates. As diplomatic personnel are increasingly targeted by terrorism and political violence while overseas, sending states are augmenting host nations' security measures with their own. Protective arrangements range from deploying military, police, and private security guards to relocating embassies to suburban compounds. Yet, reinforced security may also hamper effective diplomacy and international relations. Scholars and practitioners from around the world bring to light a large body of empirical information available for the first time in Diplomatic Security. This book explores the global contexts and consequences of keeping embassies and their personnel safe. The essays in this volume offer case studies that illustrate the different arrangements in the U.S., China, the United Kingdom, France, Germany, Italy, Turkey, Israel, and Russia. Considering the historical and legal contexts, authors examine how states protect their diplomats abroad, what drives changes in existing protective arrangements, and how such measures affect the safety of diplomats and the institution of diplomacy. Diplomatic Security not only reveals how a wide variety of states handle security needs but also illuminates the broader theoretical and policy implications for the study of diplomacy and security alike.
Author | : Professor J Craig Barker |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 232 |
Release | : 2013-01-28 |
Genre | : Political Science |
ISBN | : 1409493148 |
The recent emergence of many new states and the creation of a large number of international institutions have resulted in considerable growth in the number of persons having diplomatic status. However, an unfortunate side-effect of this growth has been a corresponding increase in the number of attacks on diplomatic personnel, as symbolic figures diplomats are targets for all types of political violence. This book provides an in-depth examination of the legal and non-legal regimes directed towards the protection of diplomatic personnel around the world. It examines the theoretical and practical justifications for the granting of special protection to such personnel and also particular recent developments in international law relating to the prevention of terrorism and the development of international criminal law, including the International Criminal Court.
Author | : Anne Peters |
Publisher | : Cambridge University Press |
Total Pages | : 645 |
Release | : 2016-10-27 |
Genre | : Law |
ISBN | : 1107164303 |
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author | : Emer de Vattel |
Publisher | : |
Total Pages | : 668 |
Release | : 1856 |
Genre | : International law |
ISBN | : |
Author | : Laura Hughes-Gerber |
Publisher | : Springer Nature |
Total Pages | : 230 |
Release | : 2021-05-12 |
Genre | : Law |
ISBN | : 3030730468 |
Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law. In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations. In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomatic law with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum. This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.