CHAPTER 7: THE RIGHT OF EXISTENCE AND
in
the
present
charter
precludes the existence of regional
SELF-DEFENSE
Nothing
arrangements.
Once a state comes into being. It is invested with certain rights described as
REGIONAL ARRANGEMENTS – Agencies for
fundamental.
dealing with such matters relating to the
Most important of these rights:
maintenance
o
Right of existence
o
Self-defence
of
international
peace
and
security as are appropriate for regional re gional action.
Example
of
Regional
Agency:
*It is important because all its other rights are
Organization of American States –
supposed to flow or be derived from it.
Whose organ of consultation authorized
or ratified the action taken by the US. The presence of an “Armed Attack” to
justify the exercise of the right of selfdefence may be taken by a state only in the face of a necessity of self-defense
THE BALANCE OF POWER
regional arrangements is to provide for
that is instant, overwhelming and leaving no choice of means and no moment for deliberation
One reason for the organization of the balance of power
An arrangement of affair so that no state shall be in a position to have
Right may be resorted only upon clean
absolute mastery and dominion over
showing of a grave and actual danger to
others. – Vattel
the security of the state
“The best defense is offense” – Grotius
AGGRESSION – Use of armed force by a state
One might well argue now that the very
against:
state of armed preparedness of a nuclear power is per se a potent, if
Sovereignty
latent.
Territorial Integrity
Political independence of other state
First
THE CUBAN MISSILE CRISIS
“The peace of the world and the
security
of
endangered establishment
the
US
by
reason
by
the
(had of
been) the
Sino-Soviet
use
of
armed
forces
shall
constitute prima facie evidence of aggression QUALIFY AS AN ACT OF AGGRESSION
powers of an OFFENSIVE MILITARY CAPABILITY in Cuba, including bases for
1. Invasion/attack by armed forces of a
ballistic missiles with a potential range
state of the territory of another state
covering most of North and South
2. Bombardment of armed forces
America.
3. The blockade of parts/coasts of a state by the armed forces of another state
REGIONAL ARRANGEMENTS
4. Attack of sea, air forces, land etc.
5. Use of armed forces within the territory of another State with the agreement of the receiving State, in contravention of
NATURE OF INDEPENDENCE
state or group of states and not
the conditions provided for in the
freedom from the restrictions that are
agreement or any extension of their
binding on all states forming the family
presence in such territory beyond the termination of the agreement 6. The action of a State in allowing its
of nations.
submit
to
limitations,
restricted.
disposal of another State, to be used by rd
Must
independence of a state is of necessity
territory, which it has placed at the that other State for perpetrating an act
Freedom from control by any other
INTERVENTION
of aggression against a 3 state 7. The sending by or on behalf of a State
State must abstain from intervention. It
of armed force against another State of
expects
such gravity as to amount to the acts
respected by other states, so too must
listed
it be prepared to respect their own
above,
or
its
substantial
its
independence
to
be
independence.
involvement therein.
Rights of independence carries with it duty of non-intervention.
CHAPTER 8: THE RIGHT OF INDEPENDENCE
2 INSTANCES WHEN THE USE OF FORCE IS
SOVEREIGNTY
ALLOWED UNDER THE CHARTER OF THE UN:
Supreme, uncontrollable power inherent in a
1. When such action is agreed upon in a
state, the supreme power of the state to command and enforce obedience
treaty 2. When requested from sister states or from the UN
Enables the state to make its own decision vis-à-vis other states and vests it with competence to enter into
Recent events have called for a reexamination of the law on intervention,
relation and agreements with them.
especially where intervention is based on humanitarian grounds
2 ASPECTS 1. INTERNAL SOVEREIGNTY – Power of the
innocent
state to direct its domestic affairs
the
UN
sent
a
several countries, primarily the US.
of the state to control its own foreign o
victims,
contingent of military troops from
2. EXTERNAL SOVEREIGNTY – The freedom affairs.
Revolted by the inhumane plight of the
THE DRAGO DOCTRINE External sovereignty is more often
referred
independence.
to
as
The contracting powers agree not to have recourse to armed force for the recovery of contract debts claimed from the government of one country by the
government of another country as
Not all states have equal eligibility with regard to elective membership of the
being due to its nationals.
Security Council
5 of them must be elected from the African and Asian states and only 1 can
CHAPTER 9: THE RIGHT OF EQUALITY
come from the Eastern European State.
Art. 2 of Charter of the UN: “The
In General Assembly, all members have
organization is based on the principle of
on vote regardless of the number of
the
people they separately represent.
sovereign
equality
of
all
its
members.
States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but
CHAPTER 10: TERRITORY TERRITORY – Fixed portion of the surface of the earth inhabited by the people of the state.
upon the simple fact of its existence as a person under international law.
Must be permanent and indicated with precision
Big enough to provide for the needs of the population but not be so extensive
ESSENCE OF EQUALITY
as to be difficult to administer/defend from external aggression.
Does not signify parity in physical power, political influence or economic status or prestige
renunciation of the war for territorial
in the number of rights
aggrandizement but like other states, is
All the rights of a State, regardless of
not precluded from acquiring additional
their number, must be observed and
territories through any of the methods
respected
permitted under the law of nations.
All States, big or small have an equal respective attributes as members of the family of nations All members of UN have each one vote in the General Assembly, all votes having equal weight and are generally eligible for positions in the various organs of the UN
The Philippines is committed to the
Equality does not even require equality
right to the enjoyment of all their
“Par in parem non habet imperium” –
Even the strongest state cannot assume
ACQUISITION AND LOSS OF TERRITORY Territory may be acquired by:
Discovery
Occupation
Subjugation
Prescription
Cession
Accretion
Territory may be lost by:
jurisdiction over another state, no matter how weak etc.. LEGAL EQUALITY VS. FACTUAL INEQUALITY
Abandonment
Dereliction
Cession
Revolution
Subjugation
Prescription
Erosion
Natural causes
ISLAND OF PALMAS CASE
authority by another state for such display may prevail even over a prior, definitive title put forward by another state.
the discovering state. Territory need not be to be uninhabited provided it can be established that the natives are not sufficient civilized and
CLIPPERTONE ISLAND CASE
but
rights of sovereignty but only rights of
never and
administered. declared
that
He the
sovereignty of the said island beginning
Open seas and outer space are not
from that date belonged in perpetuity
and
occupation.
had
proclaimed
habitation discovery
Title was deemed acquired by France over an island it had formally claimed
can be considered as possessing not
to
An inchoate title could not prevail over the continuous and peaceful display of
Original mode of the acquisition by
susceptible
any
Island of Palmas.
state is placed under the sovereignty of
without
time suffice to prove sovereignty of
which territory not belonging to any
alone,
subsequent act, cannot at the present
DISCOVERY AND OCCUPATION
Discovery
to his majesty.
If a territory, by virtue of the fact that it
2 REQUISITES OF A VALID DISCOVERY AND
was completely uninhabited, from the
OCCUPATION
first moment when the occupying state makes its appearance there, at the
1. Possession
absolute and undisputed possession of
2. Administration
that State, from that moment the taking of possession is considered
Possession must be claimed on behalf
accomplished and the occupation is
of the state. Be effected through a
formally completed.
formal proclamation and the symbolic
act of raising the national flag in the
DERELICTION – Territory is lost by dereliction
territory.
when the state exercising sovereignty over it
Mere possession will not suffice
physically withdraws from it with the intention of abandoning it altogether.
INCHOATE TITLE OF DISCOVERY
Performs the function of barring other states from entering the territory until the lapse of a period within which the discovering state may establish as settlement thereon and commence to administer it.
conditions must concur: 1. Acts of withdrawal 2. Intention to abandon
PRESCRIPTION – Prescription in international law requires long continued and adverse possession to vest acquisitive title in the claimant.
Land mass
THE MARITIME AND FLUVIAL DOMAIN
CESSION – Method by which territory is transferred from one state to another by agreement
THE TERRESTRIAL DOMAIN
between
them.
Acquisition
Bodies of water within the land mass and the waters adjacent to the coasts
of
of the state up to a specified limit.
territory by cession is usually effected by such familiar transactions as sale, donation, barter or exchange,
and
even
by
testamentary
disposition.
RIVERS MAY BE CLASSIFIED INTO: 1. National Rivers – situated completely in the territory of one state
Examples are the purchase by the US of
2. Multi-national Rivers – Flow through the territories of several states
Alaska from Russia in 1867, the gift by Austria of Lombardy to France in 1859
3. International Rivers – is navigable from the open sea and is open to the use of
SUBJUGATION – Territory is deemed acquired by subjugation when, having been previously
vessels from all states 4. Boundary
conquered or occupied in the course of war by
Rivers
–
divided
the
territories of the riparian states
the enemy, it is formally annexed to it at the THALWEG DOCTRINE – In the absence of a
end of that war.
specific agreement between such states,
Conquest
alone
confers
only
an
the boundary line is laid on the river. That
inchoate right on the occupying state;
is, on the center, not of the river itself, but
it is the formal act of annexation that
of its main channel.
completes the acquisition. BAYS – Well-marked
indentation
whose
ACCRETION – Mode of acquiring territory based
penetration is in such proportion to the width
on the principle of accession cedat principali. It
of its mouth as t contain land-locked waters and
is accomplished through both natural or
constitute more than a mere curvature of the
artificial processes, as by the gradual and
coast.
imperceptible deposit of soil on the coasts of the country through the action of the water or,
THE TERRITORIAL SEA – Belt of waters adjacent
more effectively, by reclamation projects like
to the coasts of the state, excluding the internal
those undertaken in Manila Bat and the polders
waters in bays and gulfs, over which the state
of Holland.
claims sovereignty and jurisdiction
COMPONENT OF TERRITORY
THE UN Conference on the Law of the Sea
1. Terrestrial domain
called to formulate a new of the sea.
2. Maritime domain 3. Fluvial domain 4. Aerial domain
3 international conferences have been
st
The 1 conference was held in 1958 at Geneva, Switzerland, and resulted in
the adoption of the Convention on the
United Kingdom questioned the use by
Territorial Sea and the Contiguous
Norway of the straight baseline method
Zone, the Convention on the High Seas,
defining its territorial waters.
and the Convention on the Fishing and the Living Resources of the High Seas, and the Convention on the Continental Shelf.
THE AERIAL DOMAIN
The airspace above the terrestrial domain and the maritime and fluvial
The new Convention provides among
domain of the state, to an unlimited
others for a uniform breadth of 12
altitude but not including outer space.
miles
for
the
territorial
sea,
a
contiguous zone of 12 miles from the outer limits of the territorial sea, and an economic zone or patrimonial sea extending 200 miles from the low-
JURISDICTION – Authority exercised by a state
water mark of the coastal state.
over persons and things within or sometimes outside
THE PHILIPPINE TERRITORIAL SEA
its
territory,
subject
to
certain
exceptions.
The claim of the Philippines to its territorial sea was based on historic
CHAPTER 11: JURISDICTION
JURISDICTION IS CLASSIFIED AS:
right or title or as it often called, the
1. Personal
TREATY LIMITS THEORY.
2. Territorial
The new Convention on the Law of the Sea now limits our territorial sea 12
JURISDICTION MAY BE EXERCISED BY A STATE
miles from the low water mark of our
OVER:
coasts, as in the case of other states.
1. Its nationals
METHODS OF DEFINING THE TERRITORIAL SEA
2. Terrestrial domain 3. Maritime and fluvial domain
1. NORMAL BASELINE METHOD – The
4. Continental shelf
territorial sea is simply drawn from the
5. Open seas
low-water mark of the coast, to the
6. Aerial domain
breadth
7. Outer space
claimed,
following
its
sinuosities and curvatures but excluding
8. Other territories
the internal waters in bays and gulfs. 2. STRAIGHT BASELINE METHOD – Straight
PERSONAL JURISDICTION – Power exercised by
lines are made to connect appropriate
a state over its nationals. Based on theory that a
points on the coast without departing
national is entitled to the protection of his state
radically from its general direction.
wherever he may be and is (Doctrine of indelible allegiance)
FISHERIES CASE JOYCE VS. DIRECTOR OF PUBLIC PROSECTION
Defendant Lord HawHaw, challenged
INNOCENT
PASSAGE
his conviction in Great Britain for high
Navigation
through
treason, contending that he was not a
territorial sea of a state for the
British subject. It appeared that he had
purpose of traversing that sea
lived in the country for 18 years and
w/o entering internal waters
misrepresented himself as its national
etc.
for the purpose of obtaining a British
prejudicial to the peace, good
passport that enabled him to go to
order or security of the coastal
Germany where he was broadcast anti-
sea.
o
Allied propaganda. o
as
long
ARRIVAL
o
as
UNDER
it
–
the
is
not
STRESS –
Although not a British subject,
Involuntary entrance may be
he
due
has
by
his
own
act
to
lack
of
provisions,
maintained the bond which
unseaworthiness of the vessel,
while he was within the realm
inclement weather, or other
bound him to his Sovereign
cases of force majeure, like pursuit by pirates.
TERRITORIAL JURISDICTION
5. Foreign armies passing through or
Gen. Rule: state has jurisdiction over all persons
stationed in its territories with its
and property within its territory
permission. 6. Such
other
persons
or
property,
STATE CANNOT EXERCISE JURISDICTION EVEN
including organizations like the UN, by
WITHIN ITS OWN TERRITORY OVER:
agreement, waive jurisdiction.
1. Foreign
states,
heads
of
states,
LAND JURSIDICTION
diplomatic representatives, and consuls
to a certain degree. 2. Foreign
state
property:
domain of the state is under its
embassies,
jurisdiction.
consulates, and public vessels engaged in non-commercial activities
UNDERHILL VS. HERNANDEZ –
every other sovereign state, and the courts of one country
The local state has exclusive title to all property within its territory.
“Every sovereign state is bound
to respect the independence of
Nationals and aliens, including nonresidents, are bound by its laws.
3. Acts of state o
Everything found within the terrestrial
MARITIME AND FLUVIAL JURISDICTION
Internal
waters
of
a
state
are
will not sit in judgement on the
assimilated to the land mass and
acts of the government of
subjected to the same degree of
another, done within its own
jurisdiction
territory.”
terrestrial domain.
4. Foreign merchant vessels exercising the
Civil,
exercised
criminal
and
over
the
administrative
rights of innocent passage or arrival
jurisdiction is exercised by the flag state
under stress.
over its public vessels wherever they
may be, provided they are not engaged
U.S.S. PUEBLO INCIDENT – “An American vessel
in commerce.
was seized and its crew interned by North Korea for alleged infringement of its territorial
THE SCHOONER EXCHANGE VS. MCFADDON
“National ships of war entering the port
of a friendly power open for their reception are to be considered as exempted by the consent of that power from its jurisdiction”
waters.”
ARCHIPELAGIC SEALANES – Waters over which foreign ships will have the right of passage as if they were open seas. A foreign vessel need not go around our internal waters but may use these archipelagic sea lanes in negotiating the
ENGLISH RULE – The coastal state shall have
distance from one point of the open sea to
jurisdiction over all offenses committed on
another.
board such vessels, except only where they do not compromise the peace of the port. FRENCH RULE – Flag state shall have jurisdiction
THE CONTIGUOUS ZONE
In a zone of the high seas contiguous to its territorial sea, the coastal state may
over all offenses committed on board such
exercise the control to: a) prevent
vessels, except only where the compromise the
infringement of its customs, fiscal,
peace of the port.
immigration or sanitary regulations within its territory or territorial sea. B)
ANTONI CASE
Punish
“Murder of a Frenchman by another
regulations
Frenchman on board a French merchant
territorial sea.
vessel in a Mexican port did not disturb
the peace of the port.”
WINDENHUS CASE
infringement within
of its
the
above
territory
or
Contiguous zone ,may not, however, extend more than 12 miles from the coast of the state
1982 CONVENTION ON THE LAW OD
“The murder of a Belgian by another
THE SEA –Contiguous zone also extends
Belgian on board a Belgian merchant
12 miles, but from the outer limits of
steamer in the port of New Jersey was
the territorial sea.
of such a nature as “ to disturb
tranquillity and public order on shore or in the port””
THE CONTINENTAL SHELF a) To the seabed and subsoil of similar areas adjacent to the coasts if islands
Our own SC has held that the English
rule is applicable in this country.
The coastal state has the sovereign right to explore the continental shelf and to exploit its natural resources.
It is the right of the coastal state to enforce all its laws to the full extent in
It may erect on it such installations and equipment as may be necessary.
its territorial waters. THE PATRIMONIAL SEA
The exclusive economic zone or the
A STATE MAY EXERCISE JURISDICTION ON THE
patrimonial sea extends 200 nautical
OPEN SEAS IN THE FOLLOWING INSTANCES:
miles from the coast or the baselines. All living and non-living resources found therein belong exclusively to the coastal state.
2. Over pirates 3. In the exercise of the right of visit and search
OPEN SEAS
1. Over its vessels
4. Under the doctrine of hot suits
Available to the use of all states for purposes of navigation, flying over them,
laying
submarine
cables
or
AERIAL JURISDICTION
local state has jurisdiction over the
fishing. In times of war, hostilities may
airspace above it to an unlimited
be waged on the open seas.
height, or at the most up to where
THE LOTUS CASE
outer space begins.
A collision occurred on the high seas between a French vessel – Lotus – and a Turkish vessel – Boz-Kourt. The Boz-Kourt sank and killed eight
5 AIR FREEDOMS 1. The freedom to fly across foreign territory without landing
Turkish nationals on board the Turkish vessel. The 10 survivors of the Boz-Kourt (including its captain) were taken to Turkey on board the Lotus. In Turkey, the officer on watch of the Lotus (Demons), and the captain of the Turkish ship were charged with manslaughter. Demons,
2. The freedom to land for non-traffic purposes 3. The freedom to put down traffic originating in the state of the aircraft 4. The freedom to embark traffic destined for the state of the aircraft
a French national, was sentenced to 80 days of imprisonment
and
a
fine.
The consensus appears to be that the
The
French
5. The freedom to embark traffic destined for or to put down traffic originating in
government protested, demanding the release
rd
a 3 state.
of Demons or the transfer of his case to the French Courts. Turkey and France agreed to
CONVENTION ON OFFENSES AND CERTAIN
refer this dispute on the jurisdiction to the
OTHER ACTS COMMITTED ON BOARD AIRCRAFT
Permanent Court of International Justice (PCIJ).
– It is the state of registration of the aircraft
HELD: The first principle of the Lotus case said that jurisdiction is territorial: A State cannot exercise
its
jurisdiction outside
its
territory unless it an international treaty or
customary law permits it to do so. This is what
that has jurisdiction over offenses and acts committed on board while it is in flight or over the high seas or any other area outside the territory of any state OUTER SPACE
we called the first Lotus Principle.
Outer space, or the region beyond the earth’s atmosphere, is not subject to
the jurisdiction of any state.
Outer
space
shall
be
free
for
represented himself as a private individual. The
exploration and use by all states
action was dismissed when he revealed his real
without discrimination of any kind.
identity as head of an independent state.”
Astronauts shall be regarded as envoys THE FOREIGN SECRETARY
of mankind.
CHAPTER 12: THE RIGHT OF LEGATION
of state and directly under his control.
THE EXERCISE OF THE RIGHT OF LEGATION
within his authority
among states.
all ambassadors and other diplomatic representatives of his government.
directly and closely with each other in the
improvement
of
the
mutual
DIPLOMATIC ENVOYS
interests.
To whom the regular or day-to-day conduct
AGENTS OF DIPLOMATIC INTERCOURSE
of
international
affairs
is
entrusted. Diplomatic
relations
are
normally
conducted through the head of state,
Who are accredited by the sending state as its permanent envoys to
the foreign secretary or minister and
represent it in the states with which it is
the members of the diplomatic service.
The foreign secretary is also the head of the foreign office and has direction of
Done through active right of receiving them, states are able to deal more
He can make binding declarations on behalf of his state on any matter falling
One of the most effective ways of facilitating and promoting intercourse
Immediate representative of the head
maintaining diplomatic relations
Head of state may also appoint special diplomatic agents charged with specific
THE HEADS OF THESE DIPLOMATIC MISSIONS
ceremonial or political duties.
ARE
ENVOY CEREMONIAL – Sent to attend state functions like a coronation or a jubilee ENVOY POLITICAL – Commissioned to negotiate with a particular state or to participate in an international conference or congress. HEAD OF STATE
CLASSIFIED
CONVENTION
AS
ON
FOLLOWS
DIPLOMATIC
BY
THE
RELATIONS,
WHICH WAS SIGNED AT VIENNA IN 1961: 1. Ambassadors 2. Envoys 3. Charges d’affaires DIPLOMATIC CORPS – Body consisting of the different diplomatic representatives who have
Represents the sovereignty of his state
been accredited to the same local receiving
He is entitled to certain immunities and
state. The diplomatic corps does not possess
honours befitting his status
any legal powers or attributes.
MIGHELL VS. SULTAN OF JOHORE – “Suit was brought for breach of a promise to marry allegedly made by the defendant we had
Functions of Diplomatic Missions: 1. Representing sending state in receiving state
2. Protecting in receiving state interests of sending state and its nationals 3. Negotiating with government of receiving state 4. Promoting friendly relations between sending and receiving states and developing their economic, cultural and scientific relations 5. Ascertaining by all lawful means conditions and developments in receiving state and reporting thereon to government of sending state 6. In some cases, representing governments at their request
friendly
steps to prevent any attack on his person, freedom or dignity” The envoy cannot complain if he is injured because he himself caused the initial aggression. The local authorities may also, in exceptional cases, lay hands on him if he has committed an act of violence and it is necessary to place him in preventive restraint.
IMMUNITY FROM JURISDICTION
Diplomatic agent shall be immune from the civil, criminal and administrative jurisdiction of the receiving state except in a few specified cases.
CONDUCT OF DIPLOMATIC MISSION
The diplomatic agent must exercise the utmost discretion and tact, taking care always to preserve the goodwill of the sending state and to avoid interference with its internal affairs. mission is also under no His circumstance to be used for espionage, the dissemination of propaganda against the receiving state, or subversion of its government.
HE SHALL ALSO ENJOY IMMUNITY FROM ITS CIVIL
His privileges and immunities are necessary to give the envoy the fullest freedom or latitude in the exercise of his official functions.
a.
JURISDICTION,
A
real
action
relating
to
private
immovable property situated in the territory of the receiving state, unless he holds it on behalf of the sending state for the purposes of the mission. b. An action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending state. c.
An action relating to any professional or commercial activity exercised by the
PERSONAL INVIOLABILITY
diplomatic agent in the receiving state outside his official functions.
The envoy is regarded as sacrosanct and is entitled to the special protection of his person, honor and liberty. DIPLOMATIC CONVENTION: “The person of a diplomatic agent shall be inviolable. 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
ADMINISTRATIVE
EXCEPT IN THE CASE OF:
DIPLOMATIC IMMUNITIES AND PRIVILEGES
AND
Immunity from jurisdiction may be waived expressly by the sending state WHO VS. AQUINO
Diplomatic immunity is essentially a political question and courts should refuse to look
beyond a determination by the executive
He is not prohibited by international
branch of the government, and where the plea
law from doing so and may waive this
of diplomatic immunity is recognized and
privilege
affirmed by the executive branch of the
government.
government as in the case at bar, it is then the
The
when
Dutch
authorized
envoy
to
by
his
Washington
duty of the courts to accept the claim of
invoked this right 1856 when he
immunity upon appropriate suggestion by the
rejected
principal law officer of the government, the
connection with a homicide committed
Solicitor General in this case, or other officer
in his presence and for the prosecution
acting under his direction.
of which his testimony we necessary.
INVIOLABILITY OF DIPLOMATIC PREMISES
The premises of the mission shall be
into the official papers and records of a
in
Also from social security requirements Personal baggage is also free from ground
THE DIPLOMATIC SUITE OR RETINUE
Immunities and privileges are available
foreign diplomatic mission.
not only to the head of mission and his
“the archives and documents of the
family but also to the other members of
mission shall be inviolable at any time
the diplomatic retinue, albeit not in the
and wherever they may be”
same degree.
INVIOLABILITY OF COMMUNICATION
testify
inspection unless there are serious
INVIOLABILITY OF ARCHIVES The receiving state has no right to pry
to
under certain conditions.
the consent of the head of mission.
request
EXEMPTIONS FROM TAXATION
inviolable. The agents of the receiving state may not enter them except with
a
“The receiving state shall permit and
DURATION
Every person entitled to diplomatic
protect free communication on the part
privileges and immunities shall enjoy
of the mission for all official purposes.
them from the moment he enters the
In communicating with the government
territory of the receiving state on
and other missions and consulates of
proceeding to take up his post or, if
the sending state, wherever situated,
already there, from the moment his
the mission may employ all appropriate
appointment is notified to the foreign
means including diplomatic couriers
ministry.
and messages in code or cipher.”
When his functions have to come to an end, his privileges and immunities shall
EXEMPTION FROM TESTIMONIAL DUTIES
normally cease from moment he leaves
“A diplomatic agent is not obliged to
the country or on expiry of a reasonable
give evidence as a witness”
time in which to do so, but shall subsist until such time even in case of armed conflict.
In the exercise of his official functions, immunity shall continue indefinitely as it is supposed to have attached to him personally but to the state he was representing
TERMINATION OF DIPLOMATIC MISSION
Usual methods of terminating official relations: death, resignation, removal, abolition of the office, etc. these are governed by municipal law.
The more important modes are RECALL and DISMISSAL
RECALL – May demanded by the receiving state when the foreign diplomat becomes persona non grata to it for any person. DISMISSAL – The offending diplomat is simply asked to leave the country.
The outbreak of war between the sending and receiving states terminates their diplomatic relations.
As
for
the
change
of
the
govt.,
diplomatic relations are not disturbed if the change is peaceful but may be suspended where it is effected by means of violence
