international law final exam UPDATED ACTUAL Questions
and CORRECT Answers
General mechanisms of international relations international relations - relations between sovereign States
official communication between State - via diplomatic intercourse
ability to practice diplomacy = one of the defining elements of a State →
practiced since the creation of the first city-states
objective of diplomatic law Objective of diplomatic law
development of friendly relations among nations
diplomacy: conduct of international relations via the intercession of diplomats
regarding issues of peace-making, trade, war, culture, environment
historical context on diplomatic law HISTORICAL CONTEXT
ancient Egypt, Greece, and Roman Empire - via envoys
modern diplomacy's origins - early Renaissance, Northern Italy, first embassies
in the 13th century
practice spread to other European powers: soon the major European powers
were exchanging representatives - by late 16th century, permanent missions
became the standard
elements of modern diplomacy spread to Eastern Europe + reached Russia by
the early 1700's
define diplomatic law DIPLOMATIC LAW
the most traditional domain of IL → earliest expressions of IL
communication between States via their envoys → inter-State official
intercourse
ambassadors/diplomatic agents - represent the State abroad → represent the
State sovereignty
special customs have developed
long-century State practice → the most accepted and undeniable int'l customs
codified in the Vienna Convention on Diplomatic Relations, 1961 + Vienna
Convention on Consular Relations, 1963
functions of a diplomatic mission functions of a diplomatic mission:
representing the sending State (SSt) in the receiving State (RSt)
protecting the interests of SSt and of its nationals
negotiating
ascertaining by all lawful means conditions and developments in the RSt +
reporting thereon
promoting friendly relations
developing their economic, cultural and scientific relations
the establishment of diplomatic relations between States takes place by mutual
consent (formal, informal) (Art.2)
agrément - consent of the RSt to receive a person as head of the mission; if
refusal - no reasons must be given Art. 4
accreditation of head of mission to more than 1 State
seat of mission - in the capital - seat of head of State
persona non grata - any member of diplomatic staff can be declared as such
(without giving reasons) → SSt obliged to recall the agent (Art.9)
,immunities and diplomatic law Inviolability of the premises of the mission:
premises of the mission (agents of the receiving State may not enter them,
except with the consent of the head of the mission) - Art. 22
premises of the mission must not be used in any manner incompatible with the
functions of mission
← RSt - special duty to take all appropriate steps to protect the premises
against any intrusion or damage + prevent any disturbance of the peace of the
mission or impairment of its dignity
premises of the mission, their furnishings + other property thereon + means of
transport of the mission shall be immune from search, requisition, attachment
or execution
archives and documents of the mission (at any time and wherever they may be)
official correspondence of the mission (all correspondence relating to the
mission and its functions)
diplomatic bag shall not be opened or detained (electronic screening without
opening?)
private residence of a diplomatic agent (same protection) - papers,
correspondence, property
, personal immunity and diplomatic law Personal inviolability:
the person of a diplomatic agent: shall not be liable to any form of arrest or
detention (oldest rule of diplomatic law, Art.29)
← receiving State shall treat him with due respect + shall take all appropriate
steps to prevent any attack on his person, freedom or dignity
→ mutual interest, founded on functional requirements and reciprocity
diplomatic courier (person inviolability and shall not be liable to any form of
arrest or detention) - official document indicating his status + number of
packages constituting the diplomatic bag (protection by the receiving State in
the performance of his functions), diplomatic couriers ad hoc
Immunity from jurisdiction:
diplomatic agent: (Art. 31)
full immunity from the criminal jurisdiction of RSt
partial immunity from the civil and administrative jurisdiction of the RSt (except
for: private immovable property; succession; professional or commercial
activity)
→ RSt - only possibility: to declare him persona non grata
not obliged to give evidence as a witness
no measures of execution (only within the scope of civil and administrative
jurisdiction BUT without infringing the inviolability of his person or of his
residence)
remains within the jurisdiction of the SSt
→ immunity from jurisdiction may be waived by the sending State (express
waiver)
diplomatic privileges exemption from all dues and taxes, personal or real, national, regional or
municipal (except for private immovable property and specific private
activities)
exemption from all personal services, all public service and from military
obligations (requisitioning, military contributions and billeting)
exemptions from customs duties and inspections
exemption from social security provisions in force
mission and its head:
right to use flag and emblem of SSt
respect the laws and regulations of RSt + duty not to interfere in the internal
affairs of RSt
members of the family of a diplomatic agent
consular agent (lower regime)
administrative and technical staff (lower regime)
Consular law CONSULAR LAW
consuls:
representation of a State in administrative issues (issue visa, registry office,
promotion of commercial interests)
assistance to nationals abroad (administrative help, judicial affairs, distress etc.)
not political role
capital + provincial cities
same privileges and immunities (except for bag, exemption from jurisdiction -
grave crime arrested, civil +crim. - official exercice of consul. functions, etc.)
exequatur (Art.12)
Art. 36 (1): Communication and contact with nationals of the sending State -
esp. if a national of that State is arrested or committed to prison or to custody
pending trial or is detained
and CORRECT Answers
General mechanisms of international relations international relations - relations between sovereign States
official communication between State - via diplomatic intercourse
ability to practice diplomacy = one of the defining elements of a State →
practiced since the creation of the first city-states
objective of diplomatic law Objective of diplomatic law
development of friendly relations among nations
diplomacy: conduct of international relations via the intercession of diplomats
regarding issues of peace-making, trade, war, culture, environment
historical context on diplomatic law HISTORICAL CONTEXT
ancient Egypt, Greece, and Roman Empire - via envoys
modern diplomacy's origins - early Renaissance, Northern Italy, first embassies
in the 13th century
practice spread to other European powers: soon the major European powers
were exchanging representatives - by late 16th century, permanent missions
became the standard
elements of modern diplomacy spread to Eastern Europe + reached Russia by
the early 1700's
define diplomatic law DIPLOMATIC LAW
the most traditional domain of IL → earliest expressions of IL
communication between States via their envoys → inter-State official
intercourse
ambassadors/diplomatic agents - represent the State abroad → represent the
State sovereignty
special customs have developed
long-century State practice → the most accepted and undeniable int'l customs
codified in the Vienna Convention on Diplomatic Relations, 1961 + Vienna
Convention on Consular Relations, 1963
functions of a diplomatic mission functions of a diplomatic mission:
representing the sending State (SSt) in the receiving State (RSt)
protecting the interests of SSt and of its nationals
negotiating
ascertaining by all lawful means conditions and developments in the RSt +
reporting thereon
promoting friendly relations
developing their economic, cultural and scientific relations
the establishment of diplomatic relations between States takes place by mutual
consent (formal, informal) (Art.2)
agrément - consent of the RSt to receive a person as head of the mission; if
refusal - no reasons must be given Art. 4
accreditation of head of mission to more than 1 State
seat of mission - in the capital - seat of head of State
persona non grata - any member of diplomatic staff can be declared as such
(without giving reasons) → SSt obliged to recall the agent (Art.9)
,immunities and diplomatic law Inviolability of the premises of the mission:
premises of the mission (agents of the receiving State may not enter them,
except with the consent of the head of the mission) - Art. 22
premises of the mission must not be used in any manner incompatible with the
functions of mission
← RSt - special duty to take all appropriate steps to protect the premises
against any intrusion or damage + prevent any disturbance of the peace of the
mission or impairment of its dignity
premises of the mission, their furnishings + other property thereon + means of
transport of the mission shall be immune from search, requisition, attachment
or execution
archives and documents of the mission (at any time and wherever they may be)
official correspondence of the mission (all correspondence relating to the
mission and its functions)
diplomatic bag shall not be opened or detained (electronic screening without
opening?)
private residence of a diplomatic agent (same protection) - papers,
correspondence, property
, personal immunity and diplomatic law Personal inviolability:
the person of a diplomatic agent: shall not be liable to any form of arrest or
detention (oldest rule of diplomatic law, Art.29)
← receiving State shall treat him with due respect + shall take all appropriate
steps to prevent any attack on his person, freedom or dignity
→ mutual interest, founded on functional requirements and reciprocity
diplomatic courier (person inviolability and shall not be liable to any form of
arrest or detention) - official document indicating his status + number of
packages constituting the diplomatic bag (protection by the receiving State in
the performance of his functions), diplomatic couriers ad hoc
Immunity from jurisdiction:
diplomatic agent: (Art. 31)
full immunity from the criminal jurisdiction of RSt
partial immunity from the civil and administrative jurisdiction of the RSt (except
for: private immovable property; succession; professional or commercial
activity)
→ RSt - only possibility: to declare him persona non grata
not obliged to give evidence as a witness
no measures of execution (only within the scope of civil and administrative
jurisdiction BUT without infringing the inviolability of his person or of his
residence)
remains within the jurisdiction of the SSt
→ immunity from jurisdiction may be waived by the sending State (express
waiver)
diplomatic privileges exemption from all dues and taxes, personal or real, national, regional or
municipal (except for private immovable property and specific private
activities)
exemption from all personal services, all public service and from military
obligations (requisitioning, military contributions and billeting)
exemptions from customs duties and inspections
exemption from social security provisions in force
mission and its head:
right to use flag and emblem of SSt
respect the laws and regulations of RSt + duty not to interfere in the internal
affairs of RSt
members of the family of a diplomatic agent
consular agent (lower regime)
administrative and technical staff (lower regime)
Consular law CONSULAR LAW
consuls:
representation of a State in administrative issues (issue visa, registry office,
promotion of commercial interests)
assistance to nationals abroad (administrative help, judicial affairs, distress etc.)
not political role
capital + provincial cities
same privileges and immunities (except for bag, exemption from jurisdiction -
grave crime arrested, civil +crim. - official exercice of consul. functions, etc.)
exequatur (Art.12)
Art. 36 (1): Communication and contact with nationals of the sending State -
esp. if a national of that State is arrested or committed to prison or to custody
pending trial or is detained
