The Law Of All Land Essay Research — страница 2

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relations. Immunity was intended to protect diplomats working in unfriendly foreign countries. As abuse of this exemption system began to occur, once unfamiliar terms grew into commonly used words and practices. ?Consular agreements ? the appointment of an official by a government to reside in a foreign country to represent the commercial interests of its native citizens. Consular agreements usually beget global negotiations. ?Extraterritoriality ? an exemption from the application of jurisdiction of law or tribunals. Extraterritoriality requires federal judiciaries to determine the territorial reach of federal statutes. ?Impunity ? exemption from punishment, penalty, and harm. ?Extradition ? legal surrendering of a fugitive to the jurisdiction of another state, country, or

government for trial. III.UNITED NATIONS LEGISLATION Diplomacy exists as one of the most attention-needed issue on the agenda of the United Nations. As an ideal governing body among many countries, diplomacy represents one of the main mechanisms encouraged by the United Nations. Two of the groundbreaking global fellowships occurred at the Vienna Conventions of 1961 and 1963, both of which focused on diplomatic relations. Consequently, the Conferences established and revised rules and regulations in order to govern the issuing of diplomatic immunities and privileges. Although they differ, the diplomatic and consular missions are bestowed similar immunities. In Article 22, paragraph 1 through 3 of the United Nations passed law during the convention, the act sets the two main

premises: 1) immunity from search, requisition, legal attachment, or execution; and 2) the duty of the receiving state is to protect the diplomatic missions. In addition, under the consular mission, an exception to the premises may transpire in cases of emergency. Another example of the United Nations developing a precedent in the allotment of diplomatic immunities and privileges concerns official diplomatic documents. Article 24 and 33 states that ?records, documents, correspondences, and archives cannot be seized or detained physically; nor can they be used as evidence in legal proceedings. (See Appendix 1, ?Comparative Study of Privileges and Immunities of Diplomatic and Consular Missions?). All foreign officials do not receive full immunity. Levels of immunity are granted on

the basis of rank and position within the foreign mission. Along with one hundred and sixty nations, the United States agreed to the treaties set during the Vienna Conventions of 1961 and 1963 explaining diplomatic practices, including immunity. Immunity from all criminal prosecution and many civil suits for diplomatic agents and members of their families illustrates the distinct levels of immunity issued. Embassy administrations encompass lesser extents of immunity, and consuls appear at even lower levels of immunity. Immunity only for behavior related to the mission limits service staff of embassies. A country can expel a foreign diplomat whom it considers undesirable by declaring the diplomat persona non grata. Another important law regarding diplomatic immunity came in 1976

as the Foreign Sovereign Immunities Act. The act sets two conditions for the service of process on a foreign state and its agencies, intervention or settlement amongst the two parties. Because the act recognizes sovereign immunity, the process encourages any breach of contract dismissed due to diplomatic immunity. An incident that happened in the early 1990s involved a Zaire mission and the Sage Realty Corporation of New York. After persistent failure to pay its office space rent, $20,000 monthly, Sage Realty brought a civil action suit to evict the Zairian mission. The Zairians appealed to the Second Circuit Court of Appeals, who ruled in favor of the foreign mission on the basis of the Foreign Sovereign Immunities Act. The ruling concluded, ?The Foreign Sovereign Immunities Act

states that the property of a foreign state in another country shall be immune from attachment, arrest, execution or eviction.? A related act, the Diplomatic Relations Act of 1978, addresses certain securities, common to citizens, that diplomats must take to ensure proper restitution in cases of misbehavior such as purchasing liable insurance for automobile accidents. A recent form of legislation attempt appears at the 84th plenary meeting of the General Assembly of the United Nations. In 1994, the General Assembly proposed resolution 49/49, which sought more protection for diplomats while on missions in other countries. The resolution ?strongly condemns act of violence against diplomatic and consular missions and representatives, as well as against missions and representatives