Scribd Logo
Upload

Welcome to Scribd!

  • 461 views

    Diplomatic Envoys, Counsels, and Other Representatives: Functions of Diplomatic Agents

    Uploaded by

    Mukhtiar Ali
    This document discusses international law as it relates to diplomatic envoys and consuls. It outlines the categories and functions of diplomatic agents according to the Vienna Convention on Diplomatic Relations. Diplomatic agents represent their sending state, protect its interests, negotiate with the receiving state, and promote friendly relations. They are granted immunities and privileges based on the functional theory that these allow them to perform their duties without hindrance. The immunities of consuls and servants of diplomatic agents are also discussed, as well as the termination of diplomatic missions and special permanent missions between states.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Diplomatic Envoys, Counsels, and Other Representatives: Functions of Diplomatic Agents

    Uploaded by

    Mukhtiar Ali
    461 views4 pages
    This document discusses international law as it relates to diplomatic envoys and consuls. It outlines the categories and functions of diplomatic agents according to the Vienna Convention on Diplomatic Relations. Diplomatic agents represent their sending state, protect its interests, negotiate with the receiving state, and promote friendly relations. They are granted immunities and privileges based on the functional theory that these allow them to perform their duties without hindrance. The immunities of consuls and servants of diplomatic agents are also discussed, as well as the termination of diplomatic missions and special permanent missions between states.

    Original Description:

    Diplomatic Agents

    Original Title

    Diplomatic Agents

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document discusses international law as it relates to diplomatic envoys and consuls. It outlines the categories and functions of diplomatic agents according to the Vienna Convention on Diplomatic Relations. Diplomatic agents represent their sending state, protect its interests, negotiate with the receiving state, and promote friendly relations. They are granted immunities and privileges based on the functional theory that these allow them to perform their duties without hindrance. The immunities of consuls and servants of diplomatic agents are also discussed, as well as the termination of diplomatic missions and special permanent missions between states.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    461 views4 pages

    Diplomatic Envoys, Counsels, and Other Representatives: Functions of Diplomatic Agents

    Uploaded by

    Mukhtiar Ali
    This document discusses international law as it relates to diplomatic envoys and consuls. It outlines the categories and functions of diplomatic agents according to the Vienna Convention on Diplomatic Relations. Diplomatic agents represent their sending state, protect its interests, negotiate with the receiving state, and promote friendly relations. They are granted immunities and privileges based on the functional theory that these allow them to perform their duties without hindrance. The immunities of consuls and servants of diplomatic agents are also discussed, as well as the termination of diplomatic missions and special permanent missions between states.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 4

    International Law

    Diplomatic Envoys, Counsels, and Other Representatives


    - Representatives of a State, working for negotiation, observation or protection of some
    specific task
    - Article 14 of the Vienna Convention on Diplomatic Relations, 1961 recognizes three
    categories of diplomatic agents:
    i. Ambassadors
    ii. Envoys, Ministers
    iii. Charge d’affaires
    - Apart from the etiquette and precedence, there is no difference between the above
    mentioned categories of the diplomatic agents

    Functions of Diplomatic Agents

    Article 3 of the Vienna Convention on Diplomatic Relations enumerates the following functions
    of diplomatic agents:

    1. Representation of their (sending) State in the receiving State


    2. Protection of interests of their State
    3. Negotiating with the government of the receiving State
    4. Ascertainment of conditions and developments in the receiving States by lawful means
    5. Promoting friendly relations between the sending and the receiving States

    Basis of Immunities and Privileges of Diplomatic Agents

    1. Theory of Extra-territoriality
    - Diplomats enjoy immunity and privileges because they are outside the jurisdiction of the
    receiving State
    - Archaic theory
    - Severely criticized by Prof. Oppenheim and Fenwick

    2. Functional Theory
    - The true basis of immunity and privileges enjoyed by the diplomats is the nature of
    functions which these agents perform
    - Absence of these privileges would hinder the performance of these functions
    - All the privileges are for functional reasons

    Immunities and Privileges of Diplomatic Agents

    1. Inviolability of person of Envoys


    2. Immunity from Criminal Jurisdiction of the Courts

    Muhammad Minhaj Mahdi


    International Law

    3. Immunity from Civil Jurisdiction


    4. Immunity regarding residence
    5. Immunity from being presented as a witness
    6. Immunity from taxes, dues, etc.
    7. Immunity from Police Rules
    8. Right to worship
    9. Right to exercise control and jurisdiction over their officers and families
    10. Right to travel freely in the territory of the receiving State
    11. Freedom of communication for official purpose
    12. Immunity from local and Military obligations
    13. Immunity from inspection of Personal baggage
    14. Immunity from Social Security Provisions

    Immunities of the Servants of Diplomatic Agents

    - Certain immunities to those associated directly with the office of the ambassador
    - Not as vast as that of the envoys but still extend to immunity from civil and criminal
    jurisdiction
    - The privileges and immunities are of the diplomatic representatives and if they waive
    them, the immunities of their servants also come to an end

    Waiving or Loss of Immunity

    - If a diplomatic agent presents himself before a court of the receiving State, the
    immunity is thereby waived and the agent can be tried
    - Likewise, if a diplomatic agent makes himself available as a witness to some case, he
    loses immunity then and there
    - Also, same would be the case if an agent files a case in the court of the receiving State
    - Article 32 of the Vienna Convention on Diplomatic Relations requires that waiver must
    always be expressed
    - A diplomatic agent may also be declared ‘persona non grata’ by the receiving State if
    caught conspiring against the State or involved in any misconduct under international
    law

    Consuls

    - Also representatives of their States, but not deemed diplomatic agents


    - Treated to be far below the diplomatic envoys and ambassadors
    - Look after the commercial and trade interests of their countries
    - Classified under four categories:
    i. Consul General

    Muhammad Minhaj Mahdi


    International Law

    ii. Consuls
    iii. Vice-Consuls
    iv. Consul Agents

    Functions of Consuls

    - Protect commercial interests of the States


    - Supervise and look after the shipping
    - Look after the interests of their citizens
    - Other functions such as testifying signatures, marriage registration, birth and death
    certification

    Rights and Immunities of Consuls

    - Conferred upon special immunities and privileges by bilateral treaties which allow them
    immunity from jurisdiction of local courts
    - Although they are way below diplomatic agents in status, through reciprocal treaties,
    they enjoy almost the same privileges and immunities as diplomatic agents do

    Termination of Diplomatic Mission

    1. Recall of Envoy
    2. Notification in regard to the end of Envoy’s functions
    3. On the request of the receiving State
    4. By delivery of passport
    5. Declaration of Persona non grata
    6. End of the object of mission
    7. Expiration of letter of Credence

    Other than these, a diplomatic mission may come to an end due to any of following reasons:

    1. By death
    2. Removal from post
    3. Breaking of diplomatic relations
    4. Constitutional changes
    5. Revolutionary change of government
    6. End of the work of mission by some conference
    7. War
    8. Change in the post of diplomatic agent

    Muhammad Minhaj Mahdi


    International Law

    Special Missions of Permanent Nature

    - Always appointed after consent given by the receiving state


    - Convention on Special Missions, 1961
    - Agents on these missions enjoy almost the same immunities and privileges as other
    diplomatic agents do, except the following changes:
    i. The functions of agents have to be in common interest of both States
    ii. Prior consent of the receiving States is necessary
    iii. Freedom to travel in only those areas which their functions warrant, not the
    whole State
    iv. Not deemed to be outside the civil or criminal jurisdiction of the local courts
    v. Police rules also apply on agents of special missions

    Muhammad Minhaj Mahdi

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy