Pil.docx

I. a.

How may waiver of diplomatic immunities be affected? b. What is the right of asylum? The ―right of asylum is the authority of a State to allow an alien who has sought refuge from prosecution or persecution to remain within the territory and under its protection. o It covers political or religious offenses

What is the doctrine of asylum? Explain briefly 1. With reference to territorial asylum the right of a state to grant asylum within its territory exists only when it is so stipulated in a treaty or when it is justified by established usage. Of course, should a state rely on its ―territorial supremacy‖ it can always justify the grant. 2. With reference to diplomatic asylumasylum may be granted only ifRequisites: A. there is a treaty granting this right; B. established usage allows it but this should be confined ―within its narrowest limits‖ C. When the life, person, or liberty of the individual seeking is threatened by imminent violence; it is understood that asylum should be temporary and should exist only for the duration of the emergency.

c. To whom diplomatic immunity granted? Under our Constitution, it is the President who is empowered to appoint ambassadors, other public ministers and consuls, subject to the consent of the Commission on Appointments.

What are the causes for the termination of diplomatic missions? Explain briefly a. Death b. Resignation c. Removal d. Abolition of the office

d. what are the classifications of consuls as to character? a. Ambassadors or nuncios accredited to Heads of State and other heads of missions of equivalent rank b. Envoys ministers and internuncios accredited to Heads of State c. Charges d’affaires accredited Ministers for Foreign Affairs

to

What about as to appointment?

Give at least 5 functions of consular officers. 1. Promote the commercial interests of their country in the receiving state and to observe commercial trends and developments therein for report to their home government. 2. They also perform duties relating to navigation, such as visiting and inspecting vessels of their own states which may be in the consular district, exercising a measure of supervision over such vessels, adjusting matters pertaining to their internal order and discipline, as well as visiting and inspecting foreign vessels destined for a port of the sending state.

3. Consuls are also empowered to issue passports to nationals of the sending state, & to issue documents relating to entry into and travel within the territory of the sending state, and to visa invoices and certificates of origin of goods destined for the territory of that state, and to visa invoices and certificates of origin of goods destined for the territory of that state. 4. It is likewise the responsibility of consuls to look after the interests of fellow nationals and to extend them official assistance whenever needed.

e. What are the consular immunities and privileges? a. The person of diplomatic agent shall be inviolable and he shall not be liable to any form of arrest or detention. The receiving state shall treat him with due respect and shall take all appropriate steps to prevent any attack on this person, freedom or dignity. b. A diplomatic agent shall enjoy immunity from the criminal, civil and administrative jurisdiction of the receiving state, except in certain cases as, for example, when the civil action deals with property held by him in a private or proprietary capacity. c. The diplomatic premises shall be inviolable, and the agents of the receiving state may not enter them without the consent of the head of the mission. Such premises, their furnishings and other property thereon and the means of transportation of the mission shall be immune from search, requisition, attachment or execution. d. The archives and documents of the mission shall be inviolable at any time and wherever they may be.

e. The receiving state shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the government and other missions, and consulates of the sending state wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. The official correspondence of the mission shall be inviolable. f. Subject to its laws and regulations concerning national security, the receiving state shall insure to all members of the mission freedom of movement and travel in its territory. g. A diplomatic agent is not obliged to give evidence as a witness h. A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal except certain specified cases like the imposition of indirect taxes. i. The mission and its head shall have the right to use the flag and emblem of the sending state on the premises of the mission, including the residences of the head of the mission and on his means of support. What causes the termination of consular functions? a. b.

c. d.

Representing the sending state to the receiving state. Protecting in the receiving state the interests of the sending state and its nationals. Negotiating with the government of the receiving state. Ascertainment through lawful means and conditions and developments the receiving state and reporting thereon the government of the sending state.

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Promoting friendly relations between the sending and the receiving state developing their economic, cultural and scientific relations. In some cases, representing friendly governments as their request.

The totality of norms and rules which determine the external forms of relations between states, of diplomatic intercourse; it is a political instrument of diplomacy and creates a framework within which diplomatic activities are realized.

D. Appointment of Diplomatic Officials II ans.

III. A. The right of legation or Diplomatic Intercourse The right to send and receive diplomatic representatives. Active Right of Legation- the right to send envoys or establish diplomatic mission Passive Right of Legation- the right to receive such envoys or missions.

B. The four classes of diplomatic officers based on the congress of vienne of 1815 and congress of aixa-chapelle of 1818 1. Ambassadors, Legates, and Nuncios were personal representatives of their sovereign. 2. Envoys and Ministers represented their government, and were accredited to the receiving sovereign. 3. Ministers resident formed an intermediate class, between ministers and chargés. This rank was created by the Congress of Aixla-Chapelle (1818)[5] 4. Chargés d'affaires were accredited by their Foreign Minister to the receiving Foreign Minister.

C. Diplomatic Protocol

The appointment of diplomats is not merely a matter of municipal law for the receiving state is not obliged to accept a representative who is a persona non grata to it. Indeed, there have been cases when duly accredited diplomatic representatives have been rejected, resulting in starained relations between the sending and receiving state. To avoid such awkward situation, most states now observe the practice of agreation, by means of which inquiries are addressed to the receiving state regarding a proposed diplomatic representative of the sending state. It is only when the receiving state manifests its agreement or consent that the diplomatic representative is appointed and formally accredited.

E. Diplomatic Immunities and Privileges a. Personal inviolability b. Inviolability archives

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c. Right of an official communication d. Exemption from local jurisdiction e. Exemption from subpoena as witness f. Exemption from taxation