Members of consular missions thus enjoy the same immunities, privileges, and inviolability rights described in the Vienna Convention of 1961. Similarly to diplomats, a consular fulfills the functions of protecting interests of his/her country and establishment of the international relationships (Melissen and Fernandez 347). The Convention is the international legal document that provides a framework for the consular relations between the states. Vienna Convention on Consular Relations, 1963 ![]() The personal baggage and luggage of diplomats are not exposed to inspection (“The Vienna Convention on Diplomatic Relations” 1075). The specific diplomatic privileges include the exemption from all the customs duties and related charges. Similarly to diplomatic immunities, privileges are granted to the states’ official representatives, and they guarantee the protection from the legal actions in the countries of the diplomats’ mission. Reciprocity suffers in case the immunity rules are violated. Moreover, the reciprocity concept implies compliance with all the laws and regulations mentioned in the Convention. According to article 3, reciprocity implies negotiation and the development of mutually beneficial relations between the states (“The Vienna Convention on Diplomatic Relations” 1067). Overall, reciprocity can be regarded as the symmetry of the states’ interests. “Reciprocity is an important principle in diplomatic relations in general and in negotiation interactions between diplomatic actors, agencies, and agents in particular” (Faizullaev 291). The asylum is not one of the main functions of diplomatic missions, but it is practiced in case of the specific agreements signed by the parties (Barker 105). ![]() But in practice, the embassies often serve as asylums for the political refugees. 3, states: “The premises of the mission must not be used in any manner incompatible with the functions of the mission as laid down in the present Convention or by other rules of general international law or by any special agreements in force between the sending and the receiving State” (“The Vienna Convention on Diplomatic Relations” 1077). In the Vienna Convention, nothing is mentioned about the asylum issue. Asylumĭiplomatic asylum is commonly defined as “the privilege of the ambassador’s personal inviolability to his dwellings” (Den Heijer 401). Thus, a diplomat can enjoy total personal freedom as well as freedom from the restrictions in his/her work. The personal inviolability is valid on the territory of the state throughout the diplomat’s functioning. ![]() Any act of violence directed at the diplomacy representative is regarded as an action against the state itself. Therefore, the diplomats are granted with the personal inviolability that guarantees the security from the arrest or persecution (Paksas 98). Members of the diplomatic agency cannot fulfill their functions while obeying the governments of the receiving states. Therefore, diplomatic immunity is functional – it is limited by the scope of diplomatic functioning. The immunity is regarded as valid only in the case when a diplomat is on the official mission in a foreign country and has an official accreditation. The immunities guarantee exemption from jurisdiction and from “all dues and taxes, personal or real, national, regional or municipal” (“The Vienna Convention on Diplomatic Relations” 1074). The immunities are granted to the Heads of the States, the Ministers of Foreign Affairs and the heads of other higher governmental institutions during the time of their official stay at the foreign territories.
0 Comments
Leave a Reply. |