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Diplomatic and Consular Law.  A) General State Authorities - Head of State, Head of Government, Minister of FA - diplomatic agents, consular officers.

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Presentation on theme: "Diplomatic and Consular Law.  A) General State Authorities - Head of State, Head of Government, Minister of FA - diplomatic agents, consular officers."— Presentation transcript:

1 Diplomatic and Consular Law

2  A) General State Authorities - Head of State, Head of Government, Minister of FA - diplomatic agents, consular officers - other representatives  B) International Agents and Officers - working within international organization - exercising function for international organization

3  - considered to be the customary law  - following persons as representing a state:  a) Head of State  b) Head of Government  c) Minister of Foreign Affairs (all three are entitled to sign and conclude treaty)  d) heads of missions  e) other representatives of a state to an IC/IO (those ones need full powers to sign and conclude)

4 - privileges and immunities were formed by customary law - immunity from - criminal jurisdiction (absolute) - civil jurisdiction (relative) - administrative jurisdiction

5  personal inviolability  inviolability of residence, property  exemption from custom duty  his spouse and close family members  immunity can be waived by the state

6 - generally : during his office - continuing immunity (only: acts within official capacity) - continuing privileges (on the basis of courtesy)

7  - universal jurisdiction to be carried out by a foreign state cannot be applied during his function (analogy to Arrest Warrant Case - Congo v. Belgium, ICJ 2002)  - for ancient head of state – questionable (Pinochet Case, 1998)  - jurisdiction of international tribunals is the only possible (Art 7 para. 2 of the ICTY Statute; Arrest Warrant for M. Gaddafi, ICC)

8  - collective body of foreign diplomats accredited to a particular country (heads of missions, high commissioners, etc.)  - assemble in the case of coronation, inauguration, national days etc.  - dean (doyen) is the chief (principle of seniority/ apostolic nuncio)

9  A) within CD : 1) dean 2) heads of missions (according to seniority) - exception: Netherlands (President of the ICJ)  B) within UN: between officials: between Member States: 1) President of GA - one country chosen by lot 2) SG each year (first seat to the left) 3) Chairman of SC - the rest – alphabetical order 4) Chairman of ECOSOC (English), from left to right 5) Vice-presidents

10  (Rules on Diplomatic Protocole, 2007, issued by MFA)  1) President of the SR  2) Chairman of the National Council  3) Prime Minister  4) Chairman of the Constitutional Court  5) former presidents  6) Vice-chairmen of the National Council  7) Vice-chairmen of the Government  8) Vice-chairmen of the Constitutional Court  9) General Prosecutor

11 Thank you for your attention. Dr. Michaela RIŠOVÁ Comenius University in Bratislava 2011/2012


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