A Diplomat's Handbook of International Law and Practice

ISBN-13: 9789401181594 / Angielski / Miękka / 1965 / 522 str.

Biswanath Sen; Gerald Fitzmaurice

Opis

It gives me great pleasure to write a foreword to: 1r. Sen's excellent book, and for two reasons in particular. In the first place, in producing it, Mr. Sen has done something vvhich I have long felt needed to be done, and which I at one time had am bitions to do myself. Vhen, over thirty years ago, and after some years of practice at the Bar, I first entered the legal side of the British Foreign Service, I had not been working for long in the Foreign Office before I conceived the idea of writing - or at any rate compiling - a book to which (in my own mind) I gave the title of "A fanual of Foreign Office Law. " This work, had I ever produced it in the form in which I visualised it, could probably not have been published con sistently with the requirements of official discretion. But this did not worry me as I was only contemplating something for private circulation within the Service and in Government circles.: Mr. Sen's aim has been broader and more public-spirited than mine was; but its basis is essentially the same."

Spis treści

One Diplomatic Relations, Functions and Privileges.- I. Historical Introduction.- II. Relations between Nations.- The right of legation.- Position of States not fully sovereign.- The Commonwealth of Nations.- III. Establishment and Conduct of Diplomatic Relations.- Opening of diplomatic relations.- Classes of diplomatic agents.- Concurrent accreditation of diplomatic agents.- Appointment of the head of mission.- Agrément.- Appointment of a national of the receiving state.- Size of diplomatic mission.- Appointment of the staff of the mission.- Non-diplomatic staff.- Attachés.- Offices of the diplomatic mission.- Diplomatic agent proceeding to his post.- Presentation of credentials and calls.- The diplomatic corps and their precedence.- Persona grata.- IV. Functions of a Diplomatic Agent.- Representation and negotiation.- Reporting on the conditions and developments in the receiving state.- Protection of the interests of the sending state and its nationals.- Promotion of friendly relations.- Looking after the interests of minorities.- Miscellaneous duties and notarial functions.- Duty of non-interference in the internal affairs of the receiving state.- V. Diplomatic Immunities and Privileges.- Theoretical basis of diplomatic immunities.- Basis for grant of diplomatic immunities in municipal law.- Steps towards codification and uniformity.- Reciprocity and discrimination.- Immunities and privileges.- Inviolability.- Freedom of movement.- Freedom of communication.- Exemption from local jurisdiction.- Giving of testimony.- Waiver of immunity.- Method of claiming immunity.- Immunity from taxation.- Exemption from payment of customs duties.- Other immunities and privileges.- Persons entitled to immunities and privileges.- Non-diplomatic staff.- Private servants.- Duration of immunity.- VI. Position in Third States.- Diplomatic agents.- Non-diplomatic staff.- Diplomatic couriers.- VII. Termination of a Mission.- Two Consular Functions, Immunities and Privileges.- VIII. Consular Relations in General.- Introductory.- Establishment of consular relations.- Establishment of a consulate.- Appointments to consular posts.- Precedence.- Exercise of consular functions in a third state.- Exercise of consular functions on behalf of a third state.- Appointment of the same person by two or more states.- IX. Consular Functions.- X. Consular Privileges and Immunities.- Consular premises and archives.- Personal immunities of consular officials.- Freedom of communication.- Fiscal privileges and immunities.- Other privileges and immunities.- Duties of consuls.- XI. Termination of Consular Functions and Position in Third States.- Duties of third states.- Three International Law — Selected Topics.- XII. Diplomatic Protection of Citizens Abroad.- Introductory.- Tests of national status.- Cases of dual nationals.- Bodies corporate.- Legal basis for diplomatic protection.- Rights of an alien.- Rights concerning entry, movement and residence.- Personal freedoms and denial of justice.- Professional and business activities.- Rights to property.- Rights arising out of contracts and concessions.- Taxation.- Deportation and expulsion.- Scope and extent of diplomatic protection.- Cases of arrest and detention.- Cases of denial of justice in judicial proceedings.- Properties and property rights.- Injury in the hands of private persons.- Manner of making representation to the government of the receiving state.- Exhaustion of local remedies.- Waiver of diplomatic protection.- Rendering of help and assistance to nationals.- Preferment of claims by individuals.- XIII. Passport and Visas.- Issue of passports.- Visas.- XIV. Asylum and Extradition.- Territorial asylum.- Asylum in the premises of a diplomatic mission.- Extradition of fugitive offenders.- XV. Commercial Activities of States and Immunities in Relation Thereto.- Introductory.- Doctrine of sovereign immunity and restrictions thereto.- Acts of governmental agencies having separate legal personality.- XVI. Recognition of States and Governments.- Recognition of states.- Premature recognition.- Recognition of governments.- Tests for recognition of new governments.- Recognition de jure and de facto.- Method of granting recognition.- XVII. Treaty Making.- Introductory.- Nature and scope of treaties.- Essential elements of a treaty.- Treaty making capacity.- Constitutional requirements.- Title and form of international agreements.- Languages used in international agreements.- Negotiation of treaties.- Signature.- Ratification.- Accession.- Reservations.- Registration of treaties.- Date of entry into force of a treaty.- Appendices.- I. Extracts from the Vienna Convention on Diplomatic Relations, 1961.- II. Extracts from the Vienna Convention on Consular Relations, 1963.- Agreements, Treaties and Conventions.- National Laws and Regulations.