The Law Of All Land Essay Research — страница 3

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of international intergovernmental organization and officials of such organizations, and emphasizes that such acts never be justified.” While forbidding any insubordination of international law, the proposal requests special tasks from the Secretary General to maintain an accurate account of all conflicts with international law involving diplomatic or consular immunity. (See Appendix 2, General Assembly Resolution 49/49). IV. U.S. POLICY ON DIPLOMATIC IMMUNITIES AND PRIVILEGES In the federal system of the United States, the U.S. Department of State, headed by the Secretary of State (currently, Madeline Albright) handles foreign relations and services. Diplomats, trained career officials, help implement U.S. foreign policy by representing the United States in its relations with

other countries and with international organizations. The Department of State maintains embassies, consulates, and trade and cultural centers in each country with which they have diplomatic relations. Ambassadors lead each U.S. embassy, and assisted by a staff of diplomats and attaches who have various functions. The political and economic sections report on U.S. developments in the host country. The consular section assists its national consuls living or traveling in the host country with commercial and legal matters and issue visas to local residents who wish to travel to its country. The cultural section promotes the culture of its own country. Diplomats stationed in a foreign country enjoy privileges known as diplomatic immunity. Hence, they are not subject to local civil and

criminal laws and encompass the liberty to communicate with the U.S. government. Extraterritoriality allows for U.S. embassy buildings and grounds to fall under American jurisdiction. Similar structures of foreign relations departments appear in many other countries. Because of its democratic federal government system, the United States faces two major dilemmas, equal treatment and dual nationality. Realizing that large numbers of U.S. diplomats are stationed in many countries with different, less lenient, executive, legislative, and judicial systems, the Department of State cautiously deals with diplomatic immunity. ?It makes sense?for us [U.S.] to maintain the practice and law of diplomatic immunity because it protects Americans overseas,? proclaim Nicholas Burns, spokesman for

the State Department in a February 1997 issue of Insight on the News. When foreign diplomats positioned in the United States break federal or state laws, immunity must be considered first and foremost, although unpopular among American citizens. Failure to recognize diplomatic immunity leaves the nation open to sanctions by the U.N., and especially places overseas U.S. diplomats in an uncomfortable position to receive maltreatment from the hosting country. As a nation of mixed cultures and individuals affixed with a racial designation identifying ancestral background as well as American citizenship, dual nationality arises as an issue under diplomacy. Dual nationality presents problems particularly in nations that consider any descendents of their homeland citizens regardless of

their current residence. For example, in Vietnam, negotiations affecting the erection of a liaison office between Hanoi and Washington, D.C. were stalled. The intended act was to establish full diplomatic relations between both nation, but Vietnamese officials refused to agree to terms mandating U.S. notification in the matter that an American diplomat must be detained in Vietnam. Assuming the U.S. diplomat would have Vietnamese descent, in its disregard of dual nationality, Vietnam resolved not to grant immunity or respect to U.S. diplomats. While recognizing its dilemmas, the United States follows a policy when abuse of diplomatic immunity happens. With a breach in federal, state, or local laws, the Department of State takes various steps to rectify the matter. Firstly, the

State Department notifies the native country of its diplomat?s misconduct and advises a waiver of immunity to permit the appropriate U.S. court to bring prosecution. If the waiver of immunity is denied, the Department orders for the infinite expulsion of the diplomat from American soil. At times, the home country may try the diplomat within its judiciary. Civil suits against diplomats often are settled through mutual settlements. V.ABUSES OF DIPLOMATIC IMMUNITIES AND PRIVILEGES (U.S.& abroad) Indeed, diplomacy offers a preferred solution to international conflict than war. Diplomacy eliminates the mortality and economic costs many countries suffer when engaged in war. However, on a smaller scale, diplomacy, causes its own forms of national disruption. Diplomatic immunity