The abuse of diplomatic privileges and immunities : a necessary evil?
著者
書誌事項
The abuse of diplomatic privileges and immunities : a necessary evil?
Dartmouth Pub. Co., c1996
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注記
Includes bibliographical references (p. 270-279) and index
内容説明・目次
内容説明
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.
目次
- 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.
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