aq Write | ‘a detailed note -on the privileg and jmmunities of diplomatic agents. (2000) immunities enjoyed by a diplomatic envoy. Who is persona non-grata? (2003) | ‘FOREIGN DIPLOMATS | || | ° Describe and explain the various privileges and | ||¢ Discuss the privileges and immunities enjoyed by the diplomatic envoys. (2008/A) (2005)(2011/A) j Who is: diplomatic envoy? What immunities and | See : | privileges are available to him? (2005/A) |Q Explain immunities and privileges of foreign | diplomats, (2013/A) | a Explain in detail the various privileges and | immunities enjoyed by Diplomatic envoy- L__@01S/A) SS CUISIA) pie eee Oo1 INTRODUCTION Diplomatic agents are those persons their respective state in another state by establishing Office of embassy having an establishment the rugs Intemational Law governing diplomatic rela are mo contained Tinta! legislative provisions and ae decisions of national law. The law has now been codified i Vienna convention on diplomatic relation 196. 2. DEFINITION OF DIPLOMATIC AGENT Diplomatic agents are ambassador gountry as representative of the state by whom they ar y pon theys a dispatched, 3. MEANING OF IMMUNITY WD represen ly Immunity means exemption, as from office or performing duties which the requires other citizens to perform. 4, CLASSIFICATION OF DIPLOMATIC AGENT According to Vie ion 196] following a classification of dipto _ matic agent, : w yor | mile Ambassador and Legates Were! © : Ami ; degre? dor ri Sider to be the personal representatives O!! heads of thei states and therefore they Feces ats agent of Lite I SELUMATS ay Mi i) ee interonnet @ Envoys Extra-ordinary internuncios and They are diplomatic agent of re not_the pers heads. of their state: heads © TT , head of state personally and are a sycellency” by courtesy only. They enjo and immunities. second degree. They ie ; 7 Presentatives of the sovereigns or of right with dressed _as_ (ii) Charged Affairs ohevge dt Aa 5 They are diplomatic agent of the last degree. Their appointment is made by the foreign minister and not by the head of the state. 5, BASIS OF IMMUNITIES AND PRIVILEGES There are two theories which are relevant in this regard, (@) Theory of Extra Terri oriality his theory. diplomatic agent enjoy are deemed to bs According to tl immunities and privileges because they ottside the jurisdiction of the_state In whi ‘pointed. (i) Functional Theory. According to functional_theory ae erjoy: immunities: and. privilewes because (DTT SB indent tetioas which are performed bY. EN diplomatic agents oem ‘he states where they are appointed.6 immuNITIES DIPLOMATIC AG ; ‘According to Vienna convention 196] followin vs and privileges of the diplomatic agen, (i {7S tviotailty of Persons as Diplomatic agents are jntviol any ee ean, are immuniti They shall not liable t Immunity Regarding Residence Another immunity regarding diplomatic agent jg regarding their residence. A permanent diplomatic mission needs premises from which to operate and the receiving state must help the sending state obtaining Premises for the mission. ii) Immunity from Criminal Jurisdiction of Courts [Link] enjoy immunities from criminal jurisdiction of courts. However it is presumed that they will not violate tlie general principles of law of th (iv) Immunity from Ci Diplomatic agents enjoy immunities from jurisdiction of civil courts, a mae Sl courts, (vy) {mmunity from being Presented as witne: Diplomatic agent the Can't be compelled to come court of law and give evi eh idence j Ma case, (vi) Immunity from Taxes and Dues Under International Law the diplomatic age *3 e Pom the payment of taxes, or real, national. io and mmunic pal except. oy tl x @ () (ey Estate, succession or inheritance dues. ‘a Immunity from Inspection of Personal Baggage have immunity from the diplomatic agents tion of the! ersonal baggage. ise iy Control ov subordinate and Family jslomatic agents have right to exercise con rs and family. Dip! ntrol and jaisdition over tf their officers (iy) Right to Worship Diplomatic agents are free to follow any religion. (i) Right to Travel Diplomatic agents can travel in ‘weiving state. {) Freedom of Communication the territory of the The diplomatic agents have freedom 1 n with their ‘Om Municate. with their homeland in connection ‘tons and duties. Immunity from Police R s have imm munity hi) lice ithe diplomatic agent ity fom ete i of the state in which they a? _ performing ti “sand duties,(xii) Immunity from Social See The diplomatic agent are also immune fro ions i mM sy scurity provisions in the state where they “ci FE appointey § (xiii) Immunity from Custom Duty The diplomatic agents are immune from uy A ft aa . duty in the receiving state. (xiv) Immunity from Local and Military Obligation The diplomatic agents are immune from the Jog and military obligations of the receiving state. 7. MAIN FUNCTIONS AND DUTIES OF Ti DIPLOMATIC AGENTS, Following are the main functions and duties of diplomatic agents. Ww Representation They represent the state by which they are ser where they are accredited. Protection Diplomatic agent protect the status of sending state as well as its national and property in the receiving state._ Observation ‘The diplomatic agents observe the happening 24 all those matters which are important for sending. state- (iv) Negotiation : é jation The diplomatic agents perform _ negotiall® functions on behalf of the sending state.a Communication _ Po The diplomatic agents com, nggotiation to the sendin; heim diplomatic agent is the ofhisiome state. i) Promotion unicate the outcome of State. “According to Mouth piece of the head The diplomatic agent promote friendly relationshi pewsen the sending sate all teddhingmag £ CASES WHEN STATE CAN REFUSE TO RECEIVE A DIPLOMATE an refuse to receive a diplomate on the following () | Where there is no particular mission. (i) If the personality is non acceptable. i.e persona: Non-Grata. ’. PERSONA-NON-GRATA Persona Non-Grata is p¢ of diplomatic agent when he loses status of diplomatic agent. is Entitled to Declare Persona Non is entitled to declare a Th iving state ‘ receiving rata (undesirable diplomatic agent as Persona Non G Person). i) When State can Declare The receiving state can declare:are those persons who are residing in foreign countries 4 representatives of the states by whom they are dispatched. They play important role between sending and receivinl state. The Vienna convention provides privileges immunities to the diplomatic agents. MLA (i) Before arrival of the diplomatic a," territory. Bem in (ii) After arrival of the diplomatic Fs Agent territory. Mit Grounds for Declaring Persona-Non-Grata (i) If he is obnoxious to his character, (ii) Extremely hosti the receiving state. to the people and govt off (iii) Involves in activities agai state. CONCLUSION To conclude it can be said that diplomatic age st the receivin @..