Q. Describe and explain the various privileges and immunities enjoyed by a diplomatic envoy. who is personanon persona non- grata? (2003)
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Q. Discuss the privileges and immunities enjoyed by the diplomatic envoys. (2005)
Q. Who is diplomatic envoy? what immunities and privileges are available to him. (2005/A)
Diplomatic agents are those persons why represents their respective state in another state by establishing office of embassy having an establishment the rules of international law governing diplomatic relation are mostly contained in the legislative provisions and judicial decisions of national law. the law has now been codified in Vienna convention on diplomatic relation 1964.
2. Meaning of immunity:
Immunity means exemption, as serving in an office or performing duties which the law generally requires other citizens to perform.
3. Classification of diplomatic agent:
According to Vienna convention 1961 following are classification of diplomatic agent.
(i) Ambassador and legates:
Ambassador are the diplomats agent of first degree. they are consider to be the personal representatives of the heads of their states and therefore they have special status.
(ii) Minister plenipotentiary internuncios and envoys extra- ordinary:
They are diplomatic agent of second degree. they are not the personal representatives of the sovereigns or heads of their states. they have no audience as of right with a head of state personally and are addressed as "excellency" by courtesy only. they enjoy privileges and immunities.
(iii) Charged affairs:
They are diplomatic agent of the last degree. their appointment is made by the foreign minister and not by the head of the state.
4. Basis of immunities and privileges:
There are two theories which are relevant in this regard.
(i) Theory of extra territoriality:
According to this theory, diplomatic agent enjoy immunities and privileges because they are deemed to be outside the jurisdiction of the state in which they are appointed.
(ii) Functional theory:
According to functional theory diplomatic agents enjoy immunities and privileges because they perform special kinds of function which are performed by them in the states where they are appointed.
5. Immunities and privileges of diplomatic agent:
According to Vienna convention 1961, following are immunities and privileges of the diplomatic agents.
(i) Inviolability of persons:
Diplomatic agents are inviolable. they a shall not be liable to any form of arrest or detention.
(ii) Immunity regarding residence:
Another immunity regarding diplomatic agent is regarding their residence. a permanent diplomatic mission needs premises from which to operate and the receiving state must help the sending state obtaining premises for the mission.
(iii) Immunity from criminal jurisdiction of courts:
Diplomatic agents enjoy immunities from criminal jurisdiction of court. however it is presumed that they will not violate the general principles of law of the state.
(iv) Immunity from civil jurisdiction:
Diplomatic agents enjoy immunities from the jurisdiction of civil courts.
(v) Immunity from being presented as witnesses:
Diplomatic agent can't be compelled to come to the court of law and give evidence in a case.
(vi) Immunity from taxes and dues:
Under international law the diplomatic agent are immune from the payment of taxes, or real , national regional and municipal except.
(a) Indirect taxes.
(b) Dues and taxes.
(c) Estate, succession or inheritance dues.
(vii) Immunity from inspection of personal Baggage:
The diplomatic agents have immunity from inspection of their personal baggage.
(viii) Control over subordinate and family:
Diplomatic agents have right to exercise control and jurisdiction over their officers and family.
(ix) Right to worship:
Diplomatic agents are free to follow any religion.
(x) Right to travel:
Diplomatic agents can travel in the territory of the receiving state.
(xi) Freedom of communication:
The diplomatic agents have freedom to communicate with their homeland in connection with their functions and duties.
(xii) Immunity from police rules:
The diplomatic agents have immunity from police rule of the state in which they are performing their functions and duties.
(xiii) Immunity from social security provisions:
The diplomatic agent are also immune from social security provisions in the state where they are appointed.
(xiv) Immunity from custom duty:
The diplomatic agents are immune from custom duty in the receiving state.
(xv) Immunity from local and military obligation:
The diplomatic agents are immune from the local and military obligations of the receiving state.
6. Main functions and duties of the diplomatic agents:
Following are the main functions and duties of diplomatic agents.
They represent the state which they are sent where they are accredited.
Diplomatic agent protect the status of sending state as well as its national and property in the receiving state.
The diplomatic agents observe the happening and all those matters which are important for sending state.
The diplomatic agents perform negotiation functions on behalf of the sending state.
The diplomatic agents communicate the outcome of the negotiation to the sending state. according to oppenhiem diplomatic agent is the mouth piece of the head of his home state.
The diplomatic agent promote friendly relationship between the sending state and receiving state.
7. Cases when state can refuse to receive a diplomat:
A state can refuse to receive a diplomat on the following cases.
(i) Where there is no particular mission.
(ii) If the personality is non acceptable. i. e persona-non-grata.
Persona Non-Grata is position of diplomatic agent when he loses status of diplomatic agent.
(i) State which is entitled to declare persona non grata:
The receiving state is entitled to declare a diplomatic agent as Persona Non Grata (undersirable person).
(ii) When state can declare:
The receiving state can declare.
(i) Before arrival of the diplomatic agent in its territory.
(ii) After arrival of the diplomatic agent in its territory.
(iii) Grounds for declaring persona non grata:
(i) If he is obnoxious to his character.
(ii) Extremely hostile to the people and govt, of the receiving state.
(iii) Involves in activities against the receiving state.
To conclude it can be said that diplomatic agents are those persons who are residing in foreign countries as representatives of the states by whom they are dispatched. they play important role between sending and receiving state. the Vienna convention provides privileges an immunities to the diplomatic agents.
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