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Book Cover

Title Diplomatic immunity : evolution and recent country developments / Marko Novaković, editor
Published Singapore : Palgrave Macmillan, ©2020


Description 1 online resource (138 pages)
Contents Intro -- Preface -- Contents -- Notes on Contributors -- Chapter 1: Diplomatic Immunity: An Admittedly Short Survey -- 1.1 Preliterate Societies -- 1.2 The Ancient World -- 1.3 The Middle Ages -- 1.4 The Renaissance -- 1.5 Early Modern Period -- 1.6 Modern Period -- 1.7 Conclusion -- Chapter 2: The Immunity of the UN Staff in the Twenty-First Century: "To Waive It in Order to Preserve It" -- 2.1 Introduction -- 2.2 Privileges and Immunities of the UN Staff -- 2.3 The Official Capacity Clause and the Role of the Secretary General -- 2.4 Vision Statements 2016
2.5 Diplomatic Immunity of the Highest UN Officials -- 2.6 Conclusion -- Chapter 3: Integrity Risks Pertaining to Head of State and Diplomatic Immunity: How Political Considerations Impact on the Law -- 3.1 Introduction -- 3.2 Part I: Head of State Immunity -- 3.2.1 Personal, as Opposed to Functional, Immunity for a Head of State -- 3.2.2 The ICC Statute and President Al-Bashir's Presence at the African Union Summit in South Africa -- Should South Africa have Arrested and Handed Over Al-Bashir to the ICC? -- 3.2.3 The United Nations Security Council and the ICC -- 3.3 Part II: Diplomatic Immunity
3.3.1 The Concept of Diplomatic Immunity -- 3.3.2 Diplomatic Immunity in the Light of Corrupt Practices by a Diplomat -- 3.4 Conclusion -- Chapter 4: Immunity of Permanent and Special Missions' Members: Consent, Certification and Scope in the United Kingdom -- 4.1 Introduction -- 4.2 Consent -- 4.3 Certification and Other Interventions -- 4.4 Extent of Immunity -- 4.5 Conclusion -- Chapter 5: Diplomatic Immunities in Austrian Courts -- 5.1 Introduction -- 5.2 The Austrian Legal Framework with Regard to (Diplomatic) Immunities -- 5.3 Practical Issues: Determining and Evidencing Diplomatic Immunity
5.4 Missions and Diplomats Proper: Defining Their Functions and the Extent of Their Immunities -- 5.5 Immunities of Family Members, Private Servants and Administrative and Technical Personnel -- 5.6 Tax Privileges -- 5.7 Related Issues: Execution Against Assets of the Embassy and Employment Contracts -- 5.8 Conclusions -- Chapter 6: Balancing Diplomatic Immunity: An Indian View Beyond the Khobragade Position -- 6.1 Introduction -- 6.2 Ancient Indian Practice: As An Exception to Absolute Immunity
6.3 Memorandum on Diplomatic Immunities and Privileges Submitted by Government of India to Asian-African Legal Consultative Committee: As Evidence to India's Recognition of Varying Practices in Domain of Diplomatic Immunity and Privileges -- 6.4 Vienna Conference 1966 Proceedings and Statements of Various States: As Evidence to the Preposition that the Diplomatic Immunity Is Neither Self-evident nor Sacrosanct
Summary The book examines diplomatic immunity and provides a historical analysis of the granting of diplomatic immunity to non-diplomats, based on the perspectives of several states. Featuring contributions in which experts from four continents and from academia and practice present their views and perspectives; it is an insightful resource for diplomats, academics and legal professionals, while at the same time it is useful and understandable for students, junior staff and anyone just starting their venture into the diplomatic immunity issues and general international law. Marko Novakovic is a Research Fellow at the Institute of International Politics and Economics, Belgrade and visiting professor at the Diplomatic Academy, Ministry of Foreign Affairs, Belgrade. He is currently a Post-doc Researcher at the University of Trieste, Italy. Corresponding editor of the Legal Materials, journal of ASIL and Advisory Editor for Vernon Press, Wilmington, USA, review board member of the academic journal Review of International Affairs. He is Secretary General of the Serbian Branch of the ILA and Chairman of the Southern European Center for Legal Research
Bibliography Includes bibliographical references
Notes 6.5 Discussion Regarding Immunities for the Commercial Activities Undertaken by the Diplomats Outdid the Entire Discussion Except for the Discussion on the Extension of Diplomatic Immunity to Persons Associated with the Mission
Print version record
Subject Diplomatic privileges and immunities.
Diplomatic privileges and immunities.
Diplomatic and consular immunities.
United Nations.
Genre/Form Electronic books
Form Electronic book
Author Novaković, Marko.
ISBN 9811510946