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Vol 23 No 5 May/June 2018

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The Abuse of Diplomatic Privileges and Immunities

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ISBN13: 9781855217232
ISBN: 1855217236
Published: April 1998
Publisher: Routledge
Format: Hardback
Price: Out of print

Draws together many of the arguments for and against a reduction in diplomatic privileges and immunities, to determine whether such privileges and immunities are a necessary evil. It focuses on the problem of abuse and gives an explanation of the rationale of diplomatic privileges and immunities.

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Part 1 The problem of abuse.
Part 2 The history and development of diplomatic relations: prehistory and antiquity; the Byzantines; the Middle Ages; the Renaissance and Classical periods; the modern period.
part 3 The theoretical basis of diplomatic law: the early practice; the development of the juridical basis of diplomatic law; the ""representative character"" theory; the ""exterritoriality"" theory; the ""functional necessity"" theory; modern development; the Vienna Convention on Diplomatic Relations 1961.
Part 4 The law of diplomatic privileges and immunites: the meaning of ""diplomatic privileges and immunities""; inviolability and immunity from jurisdiction; inviolability; immunities from jurisdiction; persons entitled to diplomatic privileges and immunities; the position of the diplomatic bag; the substantive regime of diplomatic privileges and immunities - conclusions.
Part 5 Controlling diplomatic privileges and immunities: administrative measures; punitive/deterrent measures; persona non grata; jurisdiction of the sending state; waiver of immunity; cessations of diplomatic privileges and immunities; conclusion.
Part 6 Dealing with the problem of abuse - national measures: the United Kingdom; notification of staff; size of mission; diplomatic premises; the dipolomatic bag; immunity from jurisdiction; the United States of America; academic proposals; government action.
Part 7 Dealing with the problem of abuse - international measures.
Part 8 The continued relevance of the representative character theory: the effect of recent developments in the field of state immunity; the relationship between diplomatic privileges and immunities and state immunity; the principles of sovereignty, independence, equality and dignity ad elements of state immunity; effect of developments in the law of state immunity on the law of diplomatic privileges and immunities; the effect of the abandonment of the representive character theory; a duty to waive immunity?; responsibility of the sending state for the actions of its diplomatic personnel; the benefits of a direct right of action; implementing a direct right of action.
Part 9 The necessity of the diplomatic function: interpreting functional necessity; the necessity of independence and freedom; the necessity of protection; diplpomatic inviolability; the special duty of protection; the necessity of diplomatic privileges and immunities.