Diplomatic and Consular Immunity from Criminal Jurisdiction in Saudi Arabia
|
|
- Tamsin Floyd
- 5 years ago
- Views:
Transcription
1
2
3 * Diplomatic and Consular Immunity from Criminal Jurisdiction in Saudi Arabia *
4 Abstract In order for members of a diplomatic mission or consular post to be able to perform their functions, the Vienna Convention on Diplomatic Relations 1961 and the Vienna Convention on Consular Relations 1963 have granted them certain immunities and privileges. Chief among these immunities is the immunity from criminal jurisdiction, which constrains the ability of the receiving state to take any coercive actions against members of a foreign diplomatic mission or consular post or subject them to its criminal jurisdiction. Although Saudi Arabia has joined the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations, it has not yet adopted a national legislation that for investigating, prosecuting and trying criminal offences can resort to in the event that a member of diplomatic mission or consular post is involved in the commission of a criminal offence. Hence, this paper seeks to identify the scope of immunity from criminal jurisdiction under the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations, persons who entitled to it and the means by which their abuse can be remedied. In addition this paper argues that the best way for respecting immunity from criminal jurisdiction at the national level is the adoption of a national legislation and, hence, this paper makes recommendations that facilitate the adoption of this suggestion in Saudi Arabia, which will ultimately help preserve the national security of Saudi Arabia and the safety of members of its diplomatic missions and consular posts abroad.
5
6 General International Law
7
8
9
10
11 personal representation functional necessity extraterritoriality the sovereign
12
13 )Diplomatic Agent( head of the mission members of the diplomatic staff
14 members of the staff of the mission
15 )Members of the Administrative and Technical Staff( Members of the Service Staff Private Servant
16
17 Consular Officer
18 members of the consular post exequatur Consular Employee Member of the Service Staff Member of the Private Staff
19
20
21 immunity from jurisdiction jurisdiction
22
23 immunity
24
25 functional immunity personal immunity
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 persona non grata not acceptable
44 الخاتمة
45
46
47
48 الهوامش Brownlie, I, Principles of Public International Law (Oxford: Oxford University Press, 7th edn., 2008), p Roberts, I., (ed.) Satow s Diplomatic Practice (Oxford: Oxford University Press, 6th edn., 2009), p. 3. Brownlie, op.cit., p Roberts, op.cit., pp
49 < Brown, J, Diplomatic Immunity: State Practice under the Vienna Convention on Diplomatic Relations, 37 Int l & Comp. L. Q. (1988), 53, p. 54. Denza, E, Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations (Oxford: Oxford University Press, 3rd edn, 2008), p. 2. Diplomatic Relations Act 1978; Cohen, B, The Diplomatic Relations Act of 1978, 28 Cath. U. L. Rev. ( ), 797; Marmon, W, The Diplomatic Relations Act of 1978 and Its Consequences, 19 Va. J. Int l L. ( ), 131. Diplomatic Privileges Act 1964; Consular Relations Act 1968.
50 Cassese, Antonio, International Law (Oxford University Press: Oxford, 2nd edn, 2005), pp. 114, 116. Wirth, S, Immunities, Related Problems, and Article 98 of the Rome Statute, 12 Criminal Law Forum (2001), 429, pp U.S. Department of State, Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities (Washington D.C: U.S. Department of State, 2010), p. 1. Brownlie, op.cit., p Convention on Consular Relations, 8 Fordham Int l L.J. ( ) 96, from Foreign Criminal Jurisdiction, U.N.A/CN.4/601 (29 May 2008), paras , 100. Wilson, R, Diplomatic Immunity from Criminal Jurisdiction: Essential to Effective International Relations, 7 Loy. L.A. Int l & Comp. L. J. (1984), 113, pp ; Groff, J, A Proposal for Diplomatic Accountability Using the Jurisdiction of the International Criminal Court: The Decline of An Absolute Sovereign Right, 14 Temp. Int l & Comp. L. J. (2000), 209, pp ; Kolodkin, op.cit., paras Brownlie, op.cit., p. 351; Hickey, J & Fisch, A, The Case to Preserve Criminal Jurisdiction Immunity Accorded Foreign Diplomatic and Consular Personal in the United States, 41 Hastings L. J. ( ), 351, pp
51 International Law Commission, Draft Articles on Diplomatic Intercourse and Immunities with commentaries Yearbook of the International Law Commission (1958), vol. II, U.N. Doc. A/CN.4/SER.A/1958/Add.l, p. 95; Denza, op.cit., p. 6. U.S. Department of State, op.cit., p. 5. Brown, op.cit., pp ; Brownlie, op.cit., p Roberts, op.cit., p Brown, op.cit., pp Denza, op.cit., p. 49. Denza, op.cit., p Roberts, op.cit., p. 252.
52 International Law Commission, (1958), op.cit., p Brown, op.cit., pp Lee, L & Quigley, J, Consular Law and Practice (Oxford: Oxford University Press, 3rd edn., 2008), pp
53 Roberts, op.cit., p Denza, op.cit., p Kolodkin, op.cit., para. 44. Kolodkin, op.cit., para. 49. Brownlie, op.cit., pp
54 Kolodkin, op.cit., para. 56. Sucharitkul, S, Second Report on Jurisdictional Immunities of States and Their Property, Yearbook of the International Law Commission (1980), vol. II (Part One), U.N. Doc. A/CN.4/331 and Add.1, para. 33. Kolodkin, op.cit., paras. 64, 66.
55 Denza, op.cit., p International Law Commission, Report of the International Law Commission on the work of its forty-third session, Yearbook of the International Law Commission (1991), vol. II (Part Two), U.N. Doc. A/CN.4/ SER.A/1991/Add.l, pp Kolodkin, op.cit., para. 80. International Law Commission, (1991), op.cit., p. 18. Wirth, op.cit., pp International Law Commission, (1958), op.cit., pp Roberts, op.cit., p Denza, op.cit., p. 393.
56 International Law Commission, (1958), op.cit., p. 97. U.S. Department of State, op.cit., pp Lee, op.cit., pp Lee, op.cit., pp
57
58 members of the consular staff Denza, op.cit., p. 266.
59 Denza, op.cit., p Roberts, op.cit., pp Denza, op.cit., p. 20.
60 Denza, op.cit., p Denza, op.cit., p Higgins, R, The Abuse of Diplomatic Privileges and Immunities: Recent United Kingdom Experience, 79 Am. J. Int l L. (1985), 641, p Cameron, I, First Report of the Foreign Affairs Committee of the House of Commons, 34 Int l & Comp. L. Q. (1985), 610, pp Roberts, op.cit., p Cameron, op.cit., p Denza, op.cit., p Hickey, op.cit., p International Law Commission, (1958), op.cit., p. 98. Denza, op.cit., p. 273.
61 Lee, op.cit., pp Lee, op.cit., pp Roberts, op.cit., p Lee, op.cit., p Roberts, op.cit., p Denza, op.cit., p. 226.
62 Denza, op.cit., pp Farhangi, L, Insuring Against Abuse of Diplomatic Immunity, 38 Stan. L. Rev. ( ), 1517, pp ; Mcdonough, M, Privileged Outlaws: Diplomats, Crimes and Immunity, 20 Suffolk Transant l L. Rev. ( ), 475, pp ; Groff, op.cit.,209, pp Wilson, op.cit., pp ; Shaprio, L, Foreign Relations Law: Modern Developments in Diplomatic Immunity, Ann. Surv. Am. L. (1989), 281, Higgins, op.cit., pp ; Hickey, op.cit., pp Denza, op.cit., pp Lee, op.cit., p Denza, op.cit., pp
63 International Law Commission, (1958), op.cit., p. 91.
64 المراجع
65
66 - enna Convention on Consular Relations, 8 Fordham Int l L.J., ( ) Brown, J, Diplomatic Immunity: State Practice under the Vienna Convention on Diplomatic Relations, 37 Int l & Comp. L. Q. (1988), Brownlie, I, Principles of Public International Law (Oxford: Oxford University Press, 7th edn., 2008). - Cameron, I, First Report of the Foreign Affairs Committee of the House of Commons, 34 Int l & Comp. L. Q. (1985), Cassese, Antonio, International Law (Oxford University Press: Oxford, 2nd edn., 2005). - Cohen, B, The Diplomatic Relations Act of 1978, 28 Cath. U. L. Rev. ( ), Denza, E, Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations (Oxford: Oxford University Press, 3rd edn., 2008).
67 - Farhangi, L, Insuring Against Abuse of Diplomatic Immunity, 38 Stan. L. Rev. ( ), Groff, J, A Proposal for Diplomatic Accountability Using the Jurisdiction of the International Criminal Court: The Decline of An Absolute Sovereign Right, 14 Temp. Int l & Comp. L. J., (2000), Hickey, J & Fisch, A, The Case to Preserve Criminal Jurisdiction Immunity Accorded Foreign Diplomatic and Consular Personal in the United States, 41 Hastings L. J., ( ), Higgins, R, The Abuse of Diplomatic Privileges and Immunities: Recent United Kingdom Experience, 79 Am. J. Int l L. (1985), International Law Commission, Report of the International Law Commission on the work of its forty-third session, Yearbook of the International Law Commission (1991), vol. II (Part Two), U.N. Doc. A/ CN.4/SER.A/1991/Add.l. - International Law Commission, Draft Articles on Diplomatic Intercourse and Immunities with commentaries, Yearbook of the International Law Commission (1958), vol. II. - Foreign Criminal Jurisdiction, U.N.A/CN.4/601 (29 May 2008). - Lee, L & Quigley, J, Consular Law and Practice (Oxford: Oxford University Press, 3rd edn., 2008). - Marmon, W, The Diplomatic Relations Act of 1978 and Its Consequences, 19 Va. J. Int l L. ( ), Mcdonough, M, Privileged Outlaws: Diplomats, Crimes and Immunity, 20 Suffolk Transant l L. Rev. ( ), Roberts, I, (ed.) Satow s Diplomatic Practice (Oxford: Oxford University Press, 6th edn., 2009). - Shaprio, L, Foreign Relations Law: Modern Developments in Diplomatic Immunity, Ann. Surv. Am. L. (1989), Sucharitkul, S, Second Report on Jurisdictional Immunities of States and Their Property, Yearbook of the International Law Commission (1980), vol. II (Part One), U.N. Doc. A/CN.4/331 and Add.1. - U.S. Department of State, Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities (Washington D.C: U.S. Department of State, 2010).
68 - Wilson, R, Diplomatic Immunity from Criminal Jurisdiction: Essential to Effective International Relations, 7 Loy. L.A. Int l & Comp. L. J. (1984), Wirth, S, Immunities, Related Problems, and Article 98 of the Rome Statute, 12 Criminal Law Forum (2001), 429.
69 Prof. Asem Taher Arab Dr. Mishary A. Al-Nuaim Dr. Mouteb S. Aleshiwy Dr. Mustafa A. Alam Dr. Khalid I. Al-Ali No: A.D
Diplomatic Immunity: An Argument for Re-evaluation
Diplomatic Immunity: An Argument for Re-evaluation A thesis submitted in the fulfilment of the requirements for the degree of MASTERS IN LAW of University of KwaZulu-Natal (Pietermaritzburg) by Savio Goossens
More informationINTERNATIONAL LAW COMMISSION
INTERNATIONAL LAW COMMISSION INTRODUCTION The International Law Commission (ILC) was created in 1947 by the United Nations General Assembly Resolution 174 as a means of fulfilling the General Assembly
More informationBusiness School; Law- University of Huddersfield, HD1 3DH, UK.
The Responsibility of states for protection the diplomatic agents Zainab Waheed Dahham PHD student December 17-21, 2013 Business School; Law- University of Huddersfield, HD1 3DH, UK. The Responsibility
More informationAndrew Clapham* Abstract. ... The Role of the Individual in International Law
The European Journal of International Law Vol. 21 no. 1 EJIL 2010; all rights reserved... The Role of the Individual in International Law Andrew Clapham* Abstract This contribution reminds us that as individuals
More informationSupreme Court of the United States
No. 16-1094 IN THE Supreme Court of the United States REPUBLIC OF SUDAN, v. Petitioner, RICK HARRISON, et al., Respondents. On Petition for a Writ of Certiorari to the U.S. Court of Appeals for the Second
More informationUNIVERSITY OF OXFORD PUBLIC INTERNATIONAL LAW JURISDICTION AND IMMUNITIES: (2) IMMUNITIES
FHS-Lecture Handout: Immunities (Dr S. Talmon) Page 1 of 5 UNIVERSITY OF OXFORD PUBLIC INTERNATIONAL LAW JURISDICTION AND IMMUNITIES: (2) IMMUNITIES A. Outline: IV. Immunities from jurisdiction 1. Meanings
More informationCONVENTION ON SPECIAL MISSIONS
CONVENTION ON SPECIAL MISSIONS By Sir Michael Wood Senior Fellow of the Lauterpacht Centre for International Law, University of Cambridge Introduction The Convention on Special Missions (sometimes referred
More informationImmunity Ratione Materiae from Foreign Criminal Jurisdiction and the Concept of Acts Performed in an Official Capacity
Immunity Ratione Materiae from Foreign Criminal Jurisdiction and the Concept of Acts Performed in an Official Capacity Dr Roger O Keefe I. INTRODUCTION 1. The availability under customary international
More informationDraft Articles on the Status of the Diplomatic Courier and the Diplomatic Bag Not Accompanied by Diplomatic Courier and Draft Optional Protocols 1989
Draft Articles on the Status of the Diplomatic Courier and the Diplomatic Bag Not Accompanied by Diplomatic Courier and Draft Optional Protocols 1989 Text adopted by the International Law Commission at
More informationAMBASSADORS OF EUROPE: AN INSIGHT INTO THE EVOLUTION OF THE EUROPEAN UNION AND INTERNATIONAL DIPLOMATIC LAW
AMBASSADORS OF EUROPE: AN INSIGHT INTO THE EVOLUTION OF THE EUROPEAN UNION AND INTERNATIONAL DIPLOMATIC LAW AUTHORS: ROHIT AMBAST* & VINAY TYAGI** ABSTRACT If the preceding century was marked by a rise
More informationPedigree Prosecution: Should a Head of State s Family Members Be Entitled to Immunity in Foreign Courts?
Fordham Law Review Volume 86 Issue 6 Article 22 2018 Pedigree Prosecution: Should a Head of State s Family Members Be Entitled to Immunity in Foreign Courts? Yena Hong Fordham University School of Law
More informationNOTE CONSTITUTIONAL SOLUTIONS TO THE PROBLEM OF DIPLOMATIC CRIME AND IMMUNITY
NOTE CONSTITUTIONAL SOLUTIONS TO THE PROBLEM OF DIPLOMATIC CRIME AND IMMUNITY I. INTRODUCTION No one is above the law. This principle has been a driving force throughout the great ideological experiment
More informationSETTLEMENT OF DISPUTES CLAUSES. [Agenda item 15] Note by the Secretariat
SETTLEMENT OF DISPUTES CLAUSES [Agenda item 15] DOCUMENT A/CN.4/623 Note by the Secretariat [Original: English] [15 March 2010] CONTENTS Multilateral instruments cited in the present document... 428 Paragraphs
More informationYEARBOOK OF THE INTERNATIONAL LAW COMMISSION
A/CN.4/SER.A/1990/Add.l (Part 1) YEARBOOK OF THE INTERNATIONAL LAW COMMISSION 1990 Volume II Part One Documents of the forty-second session UNITED NATIONS IwyjaKZ/ff A/CN.4/SER.A/1990/Add.l (Part 1) YEARBOOK
More informationSEPARATE OPINION OF JUDGE AD HOC KATEKA
1178 SEPARATE OPINION OF JUDGE AD HOC KATEKA 1. I voted in favour of the dispositif although I find the provisional measure indicated to be inadequate. Crucially, I do not agree with the Court s conclusion
More informationDiplomatic Immunity from Criminal Jurisdiction: Essential to Effective International Relations
Loyola Marymount University and Loyola Law School Digital Commons at Loyola Marymount University and Loyola Law School Loyola of Los Angeles International and Comparative Law Review Law Reviews 1-1-1984
More informationThe ICC Preventive Function with Respect to the Crime of Aggression and International Politics
VOLUME 58, ONLINE JOURNAL, SPRING 2017 The ICC Preventive Function with Respect to the Crime of Aggression and International Politics Hector Olasolo * & Lucia Carcano ** In most national systems, criminal
More informationAMERICAN UNIVERSITY OF ARMENIA THEORIES AND PRINCIPLES OF DIPLOMATIC IMMUNITY AN INTERNSHIP POLICY PAPER SUBMITTED
AMERICAN UNIVERSITY OF ARMENIA THEORIES AND PRINCIPLES OF DIPLOMATIC IMMUNITY AN INTERNSHIP POLICY PAPER SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF POLITICAL SCIENCE AND INTERNATIONAL AFFAIRS FOR
More informationDraft Articles on Consular Relations, with commentaries
Draft Articles on Consular Relations, with commentaries 1961 Text adopted by the International Law Commission at its thirteenth session, in 1961, and submitted to the General Assembly as a part of the
More informationForeign Official Immunity and the Baseline Problem
Fordham Law Review Volume 80 Issue 2 Article 7 2011 Foreign Official Immunity and the Baseline Problem Chimène I. Keitner Recommended Citation Chimène I. Keitner, Foreign Official Immunity and the Baseline
More informationAbusing the Authority of the State: Denying Foreign Official Immunity for Egregious Human Rights Abuses
Abusing the Authority of the State: Denying Foreign Official Immunity for Egregious Human Rights Abuses Beth Stephens * ABSTRACT Government officials accused of human rights abuses often claim that they
More informationDraft articles on the Representation of States in their Relations with International Organizations with commentaries 1971
Draft articles on the Representation of States in their Relations with International Organizations with commentaries 1971 Text adopted by the International Law Commission at its twenty-third session, in
More informationNo IN THE. ARAB BANK, PLC, Respondent. On Writ of Certiorari to the United States Court of Appeals for the Second Circuit
No. 16-499 IN THE JOSEPH JESNER et al., v. Petitioners, ARAB BANK, PLC, Respondent. On Writ of Certiorari to the United States Court of Appeals for the Second Circuit BRIEF OF INTERNATIONAL LAW SCHOLARS
More informationState-Sponsored Terrorism: Libya's Abuse of Diplomatic Privileges and Immunities
Penn State International Law Review Volume 5 Number 1 Dickinson Journal of International Law Article 7 1986 State-Sponsored Terrorism: Libya's Abuse of Diplomatic Privileges and Immunities Jane Chace Sweeney
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 551 U. S. (2007) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of
More informationFordham International Law Journal
Fordham International Law Journal Volume 24, Issue 3 2000 Article 4 Towards a Functional International Criminal Court: An Argument in Favor of a Strong Privileges and Immunities Agreement Lindsay Zelniker
More informationFordham International Law Journal
Fordham International Law Journal Volume 12, Issue 3 1988 Article 5 Opening Pandora s Box: The Status of the Diplomatic Bag in International Relations Christine M. Nelson Copyright c 1988 by the authors.
More informationPRIVILEGES AND IMMUNITIES ACT
LAWS OF KENYA PRIVILEGES AND IMMUNITIES ACT CHAPTER 179 Revised Edition 2012 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org CAP. 179 [Rev.
More informationHARMONISATION IN COMPARATIVE LAw: LESSONS IN DIPLOMATIC IMMUNITIES
HARMONISATION IN COMPARATIVE LAw: LESSONS IN DIPLOMATIC IMMUNITIES Wygene chong* Harmonisation of municipal law is an oft-quoted goal of comparative law. Scholars and practitioners alike will be aware,
More informationDapo Akande* and Sangeeta Shah**
The European Journal of International Law Vol. 22 no. 3 EJIL 2011; all rights reserved... Immunities of State Officials, International Crimes and Foreign Domestic Courts: A Rejoinder to Alexander Orakhelashvili
More informationInternational law and the fight against terrorism: problems and prospects *
International law and the fight against terrorism: problems and prospects * Introduction ANASTASIA DAVIS BONDARENKO Associate at Three Crowns LLP AND MICHAEIL RISVAS Associate at Three Crowns LLP PhD candidate,
More informationSummary record of the 2848th meeting
Document:- A/CN.4/2848 Summary record of the 2848th meeting Topic: Extract from the Yearbook of the International Law Commission:- 2005, vol. I Downloaded from the web site of the International
More informationPermanent Mission of Turkmenistan to the United Nations
Permanent Mission of Turkmenistan to the United Nations 866 UN Plaza, Suite 424 New York, NY 10017 TKMUN/116/2010 The Permanent Mission of Turkmenistan to the United Nations presents its compliments to
More informationAFFIRMATION OF THE PRINCIPLES OF INTERNATIONAL LAW
AFFIRMATION OF THE PRINCIPLES OF INTERNATIONAL LAW RECOGNIZED BY THE CHARTER OF THE NÜRNBERG TRIBUNAL By Antonio Cassese * President of the Special Tribunal for Lebanon 1. Introduction General Assembly
More informationTHE APPEALS CHAMBER SITUATION IN DARFUR, SUDAN. IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL-BASHIR. Public
ICC-02/05-01/09-360 18-06-2018 1/12 EO PT OA2 Original: English No.: ICC-02/05-01/09 OA2 Date: 18 June 2018 THE APPEALS CHAMBER Before: President Chile Eboe-Osuji, Presiding Judge Judge Howard Morrison
More informationSummary record of the 2973rd meeting
Document:- A/CN.4/2973 Summary record of the 2973rd meeting Topic: Extract from the Yearbook of the International Law Commission:- 2008, vol. I Downloaded from the web site of the International
More informationUnited Kingdom House of Lords Decisions
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] United Kingdom House of Lords Decisions You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Bartle and
More informationDiplomatic Immunity: Implementing the Vienna Convention on Diplomatic Relations
Case Western Reserve Journal of International Law Volume 10 Issue 3 1978 Diplomatic Immunity: Implementing the Vienna Convention on Diplomatic Relations Claudia H. Dulmage Follow this and additional works
More informationVIENNA CONVENTION ON DIPLOMATIC RELATIONS. DONE AT VIENNA, ON APRIL 1961
VIENNA CONVENTION ON DIPLOMATIC RELATIONS. DONE AT VIENNA, ON APRIL 1961 The States Parties to the present Convention, Recalling that peoples of all nations from ancient times have recognized the status
More informationYEARBOOK OF THE INTERNATIONAL LAW COMMISSION
A/CN.4/SER.A/1986/Add.l (Part 1) YEARBOOK OF THE INTERNATIONAL LAW COMMISSION 1986 Volume II Part One Documents of the thirty-eighth session UN.TED NATiONS ^ ^ YEARBOOK OF THE INTERNATIONAL LAW COMMISSION
More information457 The United Nations Convention Against Torture. A Commentary Commentary on the Rome Statute of the International Criminal Court.
Book Reviews 457 Manfred Nowak and Elizabeth McArthur. The United Nations Convention Against Torture. A Commentary. New York City : Oxford University Press, 2008. Pp. 600. $250.00. ISBN 9780199280001.
More informationVolume II. ARTICLE 13(1)(a)
Repertory of Practice of United Nations Organs Supplement No. 10 (Revised advance version, to be issued in volume II of Supplement No. 10 (forthcoming) of the Repertory of Practice of United Nations Organs)
More informationINTERNATIONAL HUMAN RIGHTS LAW CAS IR 306
INTERNATIONAL HUMAN RIGHTS LAW CAS IR 306 Lecturer: Email: Kieran O Reilly, MA loughatorick@gmail.com Course Overview The purpose of this module is to examine and critique the history, development, structure
More informationUnited Kingdom Providing reparations through the Torture (Damages) Bill
amnesty international United Kingdom Providing reparations through the Torture (Damages) Bill 13 May 2008 AI Index: EUR 45/006/2008 INTERNATIONAL SECRETARIAT, 1 EASTON STREET, LONDON WC1X 0DW, UNITED KINGDOM
More informationConsular Officer's Amenability as Witness
Cleveland State University EngagedScholarship@CSU Law Faculty Articles and Essays Faculty Scholarship 1971 Consular Officer's Amenability as Witness Stephen J. Werber Cleveland State University, s.werber@csuohio.edu
More informationCRS Report for Congress
CRS Report for Congress Received through the CRS Web Order Code RS21627 Updated May 23, 2005 Implications of the Vienna Convention on Consular Relations upon the Regulation of Consular Identification Cards
More informationIMMUNITY OF STATE OFFICIALS FROM FOREIGN CRIMINAL JURISDICTION. [Agenda item 9]
IMMUNITY OF STATE OFFICIALS FROM FOREIGN CRIMINAL JURISDICTION [Agenda item 9] DOCUMENT A/CN.4/631 Second report on immunity of State officials from foreign criminal jurisdiction, by Mr. Roman Anatolevich
More informationDOES THE CISG PUT TOO MUCH EMPHASIS ON PROMOTING PERFORMANCE OF THE CONTRACT? A COMPARISON WITH THE ENGLISH LAW
DOES THE CISG PUT TOO MUCH EMPHASIS ON PROMOTING PERFORMANCE OF THE CONTRACT? A COMPARISON WITH THE ENGLISH LAW WENQIONG LIANG International law school, China University of Political Science and Law E-mail:
More informationVienna Convention on Consular Relations, 1963
Downloaded on September 24, 2018 Vienna Convention on Consular Relations, 1963 Region United Nations (UN) Subject Diplomatic Relations Sub Subject Type Conventions Reference Number Place of Adoption Vienna
More informationCriminalizing Force: Resolving the Threshold Question for the Crime of Aggression in the Context of Modern Conflict
Criminalizing Force: Resolving the Threshold Question for the Crime of Aggression in the Context of Modern Conflict Keith A. Petty I. INTRODUCTION The Rome Statute of the International Criminal Court (ICC)
More informationRepublika e Kosovës Republika Kosova-Republic of Kosovo Kuvendi - Skupština - Assembly
Republika e Kosovës Republika Kosova-Republic of Kosovo Kuvendi - Skupština - Assembly Law Nr. 03/L-033 ON THE STATUS, IMMUNITIES AND PRIVILEGES OF DIPLOMATIC AND CONSULAR MISSIONS AND PERSONNEL IN REPUBLIC
More informationForeign Sovereign Immunities Act
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD
More informationSummary record of the 2794th meeting. vol. I 2004,
Extract from the Yearbook of the International Law Commission:- 2004, vol. I Document:- A/CN.4/SR.2794 Summary record of the 2794th meeting Topic: Diplomatic protection Downloaded from the web site of
More informationABUSE OF DIPLOMATIC IMMUNITY: IS THE GOVERNMENT DOING ENOUGH?
ABUSE OF DIPLOMATIC IMMUNITY: IS THE GOVERNMENT DOING ENOUGH? Rina Goldenberg* I. INTRODUCTION... 197 II. BACKGROUND OF DIPLOMATIC IMMUNITY... 199 III. THE LANDLORD'S DILEMMA... 201 A. District Court's
More information-and- (1) SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS. -and-
IN THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION ADMINISTRATIVE COURT Claim No: CO/6384/2015 BETWEEN: R (FREEDOM AND JUSTICE PARTY and others) Claimants -and- (1) SECRETARY OF STATE FOR FOREIGN AND
More informationMost-Favored-Nation Status and Soviet Emigration: Does the Jackson-Vanik Amendment Apply
Loyola Marymount University and Loyola Law School Digital Commons at Loyola Marymount University and Loyola Law School Loyola of Los Angeles International and Comparative Law Review Law Reviews 6-1-1989
More informationIt has the honour to enclose herewith the observations of the Government of Peru on the questionnaire.
1 Translated from Spanish Permanent Mission of Peru to the United Nations 7-1-SG/062 The Permanent Mission of Peru to the United Nations presents its compliments to the United Nations Secretariat, Office
More informationENFORCEMENT OF FOREIGN DEEDS IN PORTUGAL
ENFORCEMENT OF FOREIGN DEEDS IN PORTUGAL EUROPEAN LAND REGISTRY ASSOCIATION CONFERENCE LISBON, 22 MAY 2013 Dário Moura Vicente Professor of Law, University of Lisbon Problem definition What are the effects
More informationThe Law of State Immunity
The Law of State Immunity Third Edition HAZEL FOX CMG QC PHILIPPA WEBB 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It
More informationDoes the Fifth Amendment Takings Clause Mandate Relief for Victims of Diplomatic Immunity Abuse
Hastings Constitutional Law Quarterly Volume 17 Number 3 Spring 1990 Article 4 1-1-1990 Does the Fifth Amendment Takings Clause Mandate Relief for Victims of Diplomatic Immunity Abuse Juliana J. Keaton
More informationSUPREME COURT OF THE UNITED STATES
(Bench Opinion) OCTOBER TERM, 2006 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus
More informationVisa issues. On abolition of the visa regime
Visa issues On abolition of the visa regime In accordance with the Decree of the Government of the Republic of Kazakhstan 838 dated 23 December 2016 About the introduction of amendments and additions to
More informationINTERNATIONAL LAW. International Law WPIR academic year 2012/2013
INTERNATIONAL LAW Time: Tuesday, 11 a.m. - 1 p.m.; Thursday, 11 a.m. - 1 p.m. Location: Sezione Giuridica of the Department of Political and Social Studies Teacher: Carola Ricci E-mail: carola.ricci@unipv.it
More informationChapter V Identification of customary international law
Chapter V Identification of customary international law A. Introduction 50. At its sixty-fourth session (2012), the Commission decided to include the topic Formation and evidence of customary international
More informationTHE WORK OF THE INTERNATIONAL LAW COMMISSION
THE WORK OF THE INTERNATIONAL LAW COMMISSION EIGHTH EDITION Volume I UNITED NATIONS New York, 2012 UNITED NATIONS PUBLICATION Sales No. E.12.V.2 ISBN 978-92-1-133720-4 Copyright United Nations, 2012 All
More informationResolution adopted by the Human Rights Council on 1 October /2. Human rights and unilateral coercive measures
United Nations A/HRC/RES/30/2 * General Assembly Distr.: General 12 October 2015 Original: English Human Rights Council Thirtieth session Agenda item 3 Resolution adopted by the Human Rights Council on
More informationUnited Nations Conference on the Representation of States in Their Relations with International Organizations
United Nations Conference on the Representation of States in Their Relations with International Organizations Vienna, Austria 4 February - 14 March 1975 Document:- A/CONF.67/4 Draft articles on the representation
More informationINTERNATIONAL LAW COMMISSION Sixty-eighth session Geneva, 2 May 10 June and 4 July 12 August 2016 Check against delivery
INTERNATIONAL LAW COMMISSION Sixty-eighth session Geneva, 2 May 10 June and 4 July 12 August 2016 Check against delivery Crimes against humanity Statement of the Chairman of the Drafting Committee, Mr.
More informationTable of Contents. V. The overarching and pervasive effect of Article 4 (1) on the other provisions... 12
JOINT DISSENTING OPINION OF VICE-PRESIDENT XUE, JUDGES SEBUTINDE AND ROBINSON AND JUDGE AD HOC KATEKA Jurisdiction under the United Nations Convention against Transnational Organized Crime (Palermo Convention)
More informationForeign Nationals: What Law Enforcement Needs to Know
Foreign Nationals: What Law Enforcement Needs to Know Henry McGowen Attorney Advisor Instructor Federal Law Enforcement Training Centers / DHS Henry.McGowen@fletc.dhs.gov Foreign Nationals: What Law Enforcement
More informationSecretariat 13 September 2018
United Nations ST/IC/2018/25 Secretariat 13 September 2018 Information circular* To: Members of the staff at Headquarters From: The Assistant Secretary-General for Human Resources Management Subject: G-4
More informationResolution adopted by the General Assembly on 2 December [on the report of the Sixth Committee (A/59/508)]
United Nations A/RES/59/38 General Assembly Distr.: General 16 December 2004 Fifty-ninth session Agenda item 142 Resolution adopted by the General Assembly on 2 December 2004 [on the report of the Sixth
More informationSTATE IMMUNITY AND THE VIOLATION OF HUMAN RIGHTS
STATE IMMUNITY AND THE VIOLATION OF HUMAN RIGHTS by JURGEN^ROHMER Europa Institute, UAiversity of Saarland, Saarbriicken, Germany MARTINUS NIJHOFF PUBLISHERS THE HAGUE / BOSTON / LONDON PREFACE ABBREVIATIONS
More informationIn the Supreme Court of the United States
No. 12-842 In the Supreme Court of the United States REPUBLIC OF ARGENTINA, v. Petitioner NML CAPITAL, LTD., Respondent On Writ of Certiorari to the United States Court of Appeals for the Second Circuit
More informationGENEVA, PALAIS DES NATIONS, MEETING ROOM XXIII 16 th JUNE Prof. M. E. Salamanca Aguado (University of Valladolid)
Rome: Headquarters, New York: UN Headquarters, Geneva: Palais des Nations, Paris: UNESCO, NGO in General Consultative Status with the United Nations ECOSOC Via Valle della Noce 16, 00046, Grottaferrata
More informationICC-01/04-01/ /26 EO T
ICC-01/04-01/06-953 12-09-2007 1/26 EO T ICC-01/04-01/06-953 12-09-2007 2/26 EO T ICC-01/04-01/06-953 12-09-2007 3/26 EO T ICC-01/04-01/06-953 12-09-2007 4/26 EO T ICC-01/04-01/06-953 12-09-2007 5/26 EO
More informationImmunities of the Members of the Administrative and Technical Staff in the Permanent Diplomatic Mission: Theory and Practice
Immunities of the Members of the Administrative and Technical Staff in the Permanent Diplomatic Mission: Theory and Practice Pro. Dr. Mahmoud Khalaf and Dr. Khaled Mohsen Political Sciences Department
More informationIssuing Interim Measures in Arbitration in the Kingdom of Saudi Arabia
Issuing Interim Measures in Arbitration in the Kingdom of Saudi Arabia Mohamed Fahmi Ghazwi (Corresponding author) PhD student at the School of Law, UUM College of Law Government and International Studies,
More information/ \ PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN
ICC-02/05-01/09-169 18-11-2013 1/7 EK PT Cour Pénale Internationale / \ International Criminal Court Original: English No.: ICC-02/05-01/09 Date: 18 November 2013 PRE-TRIAL CHAMBER II Before: Judge Ekaterina
More informationKingdom of Saudi Arabia's Efforts for Recovery of Assets
Kingdom of Saudi Arabia's Efforts for Recovery of Assets Page 1 Introduction: Recovery of assets, resulting from criminal acts, is considered an important and essential matter aiming to prevent their perpetrators
More informationVIENNA CONVENTION ON THE LAW OF TREATIES BETWEEN STATES AND INTERNATIONAL ORGANIZATIONS OR BETWEEN INTERNATIONAL ORGANIZATIONS
VIENNA CONVENTION ON THE LAW OF TREATIES BETWEEN STATES AND INTERNATIONAL ORGANIZATIONS OR BETWEEN INTERNATIONAL ORGANIZATIONS By Karl Zemanek Emeritus Professor, University of Vienna President of the
More informationProcedures for Controlling Unilateral Treaty Termination
Yale Law School Yale Law School Legal Scholarship Repository Faculty Scholarship Series Yale Law School Faculty Scholarship 1-1-1969 Procedures for Controlling Unilateral Treaty Termination W. Michael
More informationCHAPTER 14 The Presidency in Action
CHAPTER 14 The Presidency in Action SECTION 1 - The Growth of Presidential Power SECTION 2 - The President s Executive Powers SECTION 3 - Diplomatic and Military Powers SECTION 4 - Legislative and Judicial
More informationComments and observations received from Governments... 34
DOCUMENT A/CN.4/561 and Add. 1 2 Comments and observations received from Governments [Original: Arabic/English/French/Spanish/Russian] [27 January, 3 and 12 April 2006] CONTENTS Paragraphs Page Multilateral
More informationUpdate on Regional Activities
UNWTO Commission for the Middle East Forty- third meeting Chengdu, People s Republic of China, 12 September, 2017 (09:30-12:00) CME/43/7 Rev.1 Madrid, August 2017 Original: English Update on Regional Activities
More informationUN Resolution Category: Political Stability Resolutions to restrict political freedoms in the interest of law and order.
UN Resolution Category: Political Stability Resolutions to restrict political freedoms in the interest of law and order. Contents # Title Date For Against Status Page 49 Rights and Duties of UN States
More informationUnlocking the Doors to Justice: Protecting the Rights and Remedies of Domestic Workers in the Face of Diplomatic Immunity
Journal of Gender, Social Policy & the Law Volume 16 Issue 1 Article 4 2007 Unlocking the Doors to Justice: Protecting the Rights and Remedies of Domestic Workers in the Face of Diplomatic Immunity Amy
More informationCOMMITTEE OF LEGAL ADVISERS ON PUBLIC INTERNATIONAL LAW (CAHDI)
Strasbourg, 23 January 2001 CAHDI (2000) 13 FINAL COMMITTEE OF LEGAL ADVISERS ON PUBLIC INTERNATIONAL LAW (CAHDI) EXPRESSION OF CONSENT BY STATES TO BE BOUND BY A TREATY ANALYTICAL REPORT AND COUNTRY REPORTS
More informationLONDON INTERNATIONAL MODEL UNITED NATIONS 2018
International Court of Justice London International Model United Nations 19th Session 2018 1 Table of Contents Introduction Letters 3 Introduction to the Committee 4 Topic: Immunities and Criminal Proceedings
More informationANALYTICAL SUMMARY OF PRACTICE. three resolutions on personnel questions 4 and one on the A. Staff of the Secretariat
TEXT OF ARTICLE 97 The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation
More informationAPPEALS*CHAMBER$ SITUATION*IN*DARFUR,*SUDAN* IN*THE*CASE*OF* THE(PROSECUTOR(v.(OMAR(HASSAN(AHMAD(AL-BASHIR( ( PUBLIC*
ICC-02/05-01/09-348 30-04-2018 1/6 NM PT OA2 Original:)English( No.:(ICC-02/05-01/09( Date:30April2018 APPEALSCHAMBER Before: JudgeChileEboe#Osuji,Presiding JudgeHowardMorrison JudgePiotrHofmański JudgeLuzdelCarmenIbáñezCarranza
More informationSummary record of the 2868th meeting
Document:- A/CN.4/2868 Summary record of the 2868th meeting Topic: Extract from the Yearbook of the International Law Commission:- 2006, vol. I Downloaded from the web site of the International
More informationLAW OF MONGOLIA ON THE LEGAL STATUS OF FOREIGN CITIZENS. Chapter One. General Provisions
LAW OF MONGOLIA ON THE LEGAL STATUS OF FOREIGN CITIZENS Chapter One General Provisions Article 1. Purpose of the law The purpose of this law is to regulate relations concerning the entry, exit, transit
More informationBilateral cooperation will be strengthened in the following fields: 1. Cooperation in the Political and Security Fields - 1 -
Joint Statement on the occasion of the visit of His Royal Highness Prince Salman bin Abdulaziz Al Saud Crown Prince and Deputy Premier and Minister of Defense of the Kingdom of Saudi Arabia to Japan Upon
More informationNATIONALITY IN RELATION TO THE SUCCESSION OF STATES. [Agenda item 5]
NATIONALITY IN RELATION TO THE SUCCESSION OF STATES [Agenda item 5] DOCUMENT A/CN.4/489 Fourth report on nationality in relation to the succession of States, by Mr. Václav Mikulka, Special Rapporteur [Original:
More information***...
1395 *** ** *.......... / : s.rahmatifar@iauh.ac.ir m_shahabi@ase.ui.ac.ir gorji110@yahoo.fr 1393/11/29 : ( ) * ** *** 1393/03/20 : 1395 / 58.1.... :... 59.. ).. (................» : : «. 1395 / 60...
More informationImmunity of State officials from foreign criminal jurisdiction (continued)
Provisional For participants only 4 July 2017 Original: English International Law Commission Sixty-ninth session (first part) Provisional summary record of the 3364th meeting Held at the Palais des Nations,
More informationThe Identification of Customary International Law and Other Topics: The Sixty-Seventh Session of the International Law Commission
GW Law Faculty Publications & Other Works Faculty Scholarship 2015 The Identification of Customary International Law and Other Topics: The Sixty-Seventh Session of the International Law Commission Sean
More informationAiding and Assisting: Challenges in Armed Conflict and Counterterrorism
Research Paper Harriet Moynihan International Law Programme November 2016 Aiding and Assisting: Challenges in Armed Conflict and Counterterrorism Contents Summary 2 1. Introduction 3 2. Article 16 of the
More informationChapter 17: Foreign Policy and National Defense Section 1
Chapter 17: Foreign Policy and National Defense Section 1 Objectives 1. Explain the difference between isolationism and internationalism. 2. Define foreign policy. 3. Understand that a nation s foreign
More information