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Vienna Agreement Upsc

  • 2021年4月15日
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In the year the treaty was adopted, two amending protocols were added. Countries can ratify the main treaty without necessarily ratifying these optional agreements. Throughout the history of sovereign states, diplomats have enjoyed special status. Their function of negotiating agreements between states requires certain special privileges. An emissary from another nation is traditionally treated as a guest, his communication with his homeland is considered confidential and his freedom of coercion and submission by the host country is considered essential. There are exceptions. In rare cases, the second and third categories of embassy personnel may enjoy as much immunity as diplomatic agents. However, this only happens if the country of origin and the host country enter into a specific agreement (or contract) for this purpose. In addition, the governments of the country of origin may waive diplomatic immunity. Finally, no immunity applies to embassy staff (or family members of these members) who are nationals or permanent residents of the host country.

Diplomatic immunity for consular staff Consular staff generally enjoy less immunity than embassy staff. Consular officials (professional consular officers and other foreign officials responsible for issuing travel documents, promoting trade or tourism and other similar functions) enjoy full immunity for acts performed as part of their official duties. In addition, they have been subject to full criminal prosecution, except that they can only be detained in crimes. (No exceptions apply to family members who do not have immunity at all.) Your belongings can be searched by police officers. They may also be prosecuted as individuals – although they are prohibited (from the point of view of international law) from engaged in commercial or professional activities outside of their official duties. Administrative and technical staff at consulates are not prohibited from engaged in commercial or professional activity outside of their official duties. However, they are granted immunity only for acts performed in connection with their official duties. This treaty on the treatment of diplomats is the result of a draft of the Commission on International Law. The treaty was adopted on 18 April 1961 by the United Nations Conference on Diplomatic Transport and Immunities in Vienna (3) and implemented for the first time on 24 April 1964. The same Conference adopted the Optional Protocol on the Acquisition of Nationality, the Optional Protocol relating to the forced settlement of disputes, the final act and four resolutions attached to the law. A remarkable aspect of the 1961 treaty was the creation of the Holy See`s diplomatic immunity to other nations. [2] Article 22: The premises of a diplomatic mission, for example.

B of an embassy, are inviolable and can only be entered by the host country with the permission of the head of mission. In addition, the host country must protect the mission from intrusion or damage. The host country must never search the premises or seize its documents or property. Article 30 extends this provision to the private residence of diplomats. Coming Home To Jail: On The Repatriation of Prisoners Act, 2003 Protection in the host state the interests of the State of origin and its nationals within the limits permitted by international law. Article 5: Thirteen functions of a consul are listed, including the protection of the interests of the State of origin and its nationals in the receiving state, as well as the development of trade, economic, cultural and scientific relations between the two countries. The 1961 Vienna Convention on Diplomatic Relations is an international treaty that establishes a framework for diplomatic relations between independent countries. It establishes the privileges of a diplomatic mission that allows diplomats to carry out their duties without fear of coercion or harassment by the host country.