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1961 Vienna Convention on Diplomatic Relations

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Presentation on theme: "1961 Vienna Convention on Diplomatic Relations"— Presentation transcript:

1 1961 Vienna Convention on Diplomatic Relations

2 functions of a diplomatic mission (art. 3)
Representing the sending State in the receiving State; Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law; Negotiating with the Government of the receiving State; Ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State; Promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations. functions of a diplomatic mission (art. 3)

3 Inviolability of the mission (art. 22)
The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution. Inviolability of the mission (art. 22)

4 Argo

5 Free communication (art. 27)
The receiving State shall permit and protect free communication on the part of the mission for all official purposes. The official correspondence of the mission shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions. The diplomatic bag shall not be opened or detained. Free communication (art. 27)

6 Inviolability Immunity Legal status

7 A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of: A real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; An action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions. Immunity (art. 31)

8 At the Embassy of State A in State B a fire broke out
At the Embassy of State A in State B a fire broke out. The firemen, according to art. 22 of the Vienna Convention on Diplomatic Relations, asked for entry permit to the diplomatic station. The Ambassador of the State A was not in the embassy. The administrator of the embassy granted the consent for the entrance to the embassy. There is a suspicion that in the burning building there are people poisoned with carbon monoxide, including citizens of state B working at the translation and handling maintenance. Rescuers asked the Ministry of Foreign Affairs if they can enter the embassy of State A. Can the Ministry of State B allow fire department officers to enter the embassy? Can they do that on the basis of the consent of the administrator?

9 Anna Jamal, the wife of the ambassador of Turkey, having Polish and turkish citizenship, has been employed as a scientist on SGH in Warsaw. After 3 years she stopped showing up at workplace and then stated, that she rescinds from the employment contract immediately. Polish rules of the notice of termination were broken. The University sued her for compensation. Can Anna Jamal benefit from immunity?

10 The secretary of State A's embassy crossed the red light on the territory of State B, where he was accredited. After arresting the police he presented a diplomatic ID. The policemen came to conclusion that the diplomat was drunk and unfit for driving. They wanted to take his driver's license and car keys, a diplomat stated that they were ignorant in the field of diplomatic law and referred to his immunity of personal inviolability. The confused policemen stepped away from the car and the diplomat departed. Did the cops react properly?


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