bluuebunny/crossref_metadata_2025_split huggingface dataset:
Assistance in obtaining Accommodation
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter considers Article 21 of the Vienna Convention on Diplomatic Relations which deals with the assistance of the receiving State in giving accommodation to the members of the diplomatic mission of the sending State. The Article states that the receiving State shall either facilitate the acquisition of the premises necessary for its mission or assist members of the mission of the sending State in obtaining accommodation in some other way. Also, under the Article, the receiving State shall assist missions in obtaining suitable accommodation for their members where necessary. In essence, Article 21 ensures that diplomatic mission is not barred from acquiring premises adequate for its purposes in the receiving State. The chapter looks into domestic laws of sovereign States that also regulate the accommodation of foreign diplomats, such as the Foreign Missions Act enacted in the United States and the Diplomatic and Consular Premises Act 1987 in the United Kingdom.
Inviolability of the Mission Premises
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter looks into Article 22 of the Vienna Convention on Diplomatic Relations which deals with the inviolability of the diplomatic mission premises. The Article expresses that along with the premises of mission being inviolable, the agents of the receiving State may not enter them, except with the consent of the head of the mission. Under the Article, the receiving is under a special duty to take all appropriate measures to protect the premises of the mission and to prevent any disturbance of the peace of the mission or impairment of its dignity. Lastly, the Article states that the premises of the mission, their furnishings, and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment, or execution. The chapter stresses the legal concept of inviolability given to the premises of the diplomatic mission.
Exemption of Mission Premises from Taxation
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter examines Article 23 of the Vienna Convention on Diplomatic Relations which deals with the exemption of the diplomatic mission premises from taxation. Article 23 states that the sending State and the head of the mission shall be exempt from all dues and taxes in respect of the premises of the mission. This exemption however shall not apply to dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission. This practice traces its roots from the nineteenth century when it was not based on diplomatic immunity but on courtesy. Many States concluded bilateral agreements or arrangements providing exemption—a practice which would have been unnecessary if customary international law had required it. During the twentieth century, general practice based on courtesy or on reciprocity began to harden into a customary rule requiring exemption from central and local taxes on mission property.
Freedom of Movement
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter analyses Article 26 of the Vienna Convention on Diplomatic Relations which tackles the freedom of movement granted to all members of the diplomatic mission. Article 26 states that the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory while being subject to its respective laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security. The freedom to travel within the territory of the receiving State is an essential facility to enable diplomatic agents to exercise two of their most important functions—protection of the nationals of the sending State and reporting to their government on conditions and developments in the receiving State.
The Diplomatic Bag
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter looks into Article 27.3 and Article 27.4 of the Vienna Convention on Diplomatic Relations. Both of the sections refer to the diplomat bag used by members of diplomatic missions. Article 27.3 states that the diplomatic bag shall not be opened or detained, while Article 27.4 states that the packages constituting the diplomatic bag must bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use. Given the vulnerability of communications sent by wireless, by telephone, or by correspondence through public facilities—described in the commentary on Article 27.1 and 27.2 and apparently increasing as technology advances and leaking meets with public sympathy—States attach prime importance to the security of the diplomatic bag for reliable transmission of confidential material.
Personal Inviolability
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter examines Article 29 of the Vienna Convention on Diplomatic Relations which deals with personal inviolability of a diplomatic agent. The Article states that a diplomatic agent shall not be liable to any form of arrest or detention and that the receiving State shall treat him with due respect and shall take all steps to prevent any attack on his person, freedom, or dignity. In the Commentary on the draft article, the International Law Commission expressed that the diplomatic agent is exempted from certain measures that would amount to direct coercion. Personal inviolability precludes personal service of legal process on a diplomat or other entitled member of a diplomatic mission. Although service of process does not involve arrest or detention and does not in any real sense involve attack on the person, freedom, or dignity of the diplomat, it is a manifestation of the enforcement jurisdiction of the receiving State.
Exemption from Giving Evidence
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter considers Article 31.2 of the Vienna Convention on Diplomatic Relations which states that a diplomatic agent is not obliged to give evidence as a witness during trial. Under customary international law a diplomat was immune from compulsion in regard to appearing or giving evidence as a witness but was probably not exempt from the legal obligation to do so if requested in proper terms. It should be noted that the exemption from the duty to give evidence is not limited by the exceptions to immunity from jurisdiction set out in Article 31.1(a), (b), and (c). It was emphasized that a diplomatic agent involved for whatever reason as plaintiff or as defendant in legal proceedings would always have a strong incentive to give evidence in order to win his case, but that the decision whether to permit him to do so should remain with the sending State.
Immunity from Execution
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter analyses Article 31.3 of the Vienna Convention on Diplomatic Relations which stresses the immunity from execution of the diplomatic agent. Article 31.3 states that no measures of execution may be taken in respect of a diplomatic agent except in cases regarding the sub-paragraphs (a), (b), and (c) of Article 31.1., and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence. The principle of immunity from execution derives from the diplomat’s inviolability of person, residence, and property as well as from his immunity from civil jurisdiction. However, a diplomat’s residence may be vulnerable to execution if it is part of a larger block owned by the sending State and a judgment of a national court declares that the block as a whole is not exempt from execution.
Jurisdiction of the Sending State and other Remedies
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter examines Article 31.4 of the Vienna Convention on Diplomatic Relations which deals with the jurisdiction of the sending State and other remedies. Under Article 31.4, the immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State. Civil proceedings against a diplomat before the courts of the sending State do not usually provide a satisfactory remedy for a claimant in the receiving State. The first difficulty is that of serving process on the diplomat. While he remains at his post this cannot be done by the authorities of the receiving State because of his inviolability (as explained above under Article 29), and other methods of service such as letter or advertisement may not be adequate under the law of the sending State. The second difficulty is that of expense as the plaintiff will bear the costs instituting legal proceedings in a foreign country.
Waiver of Immunity
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter explores Article 32 of the Vienna Convention on Diplomatic Relations which highlights the waiver of immunity of diplomatic agents. According to Article 32, the immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State. In addition, the Article also states that the waiver sent must always be express and that the initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. Finally, the Article also states that waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary.
Exemption from Social Security Provisions
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter examines Article 33 of the Vienna Convention on Diplomatic Relations which deals with the exemption from social security provisions. The Article states that, subject to Article 33.3, a diplomatic agent shall exempt from social security provisions in the receiving State. This exemption shall also apply to private servants employed under the diplomatic agent, on condition: (a) that they are not nationals of or permanently resident in the receiving State; and (b) that they are covered by the social security provisions which may be in force in the sending State or a third State. In addition, the Article expresses that a diplomatic agent who employs persons to whom the exemption provided fordoes not apply shall observe social security obligations. Finally, the Article states that the exemption provided in Article 33.1 and 33.2 shall not preclude voluntary participation in the social security system of the receiving State provided that such participation is permitted by that State, and that this Article shall not affect bilateral or multilateral agreements concerning social security.
Members of the Family of a Diplomatic Agent
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter examines Article 37.1 of the Vienna Convention on Diplomatic Relations which addresses the family members of a diplomatic agent. The Article states that the members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in Articles 29 to 36. This practice traces its roots back to the second half of the seventeenth century when permanent missions gradually replaced special missions as the normal form of representation, and diplomats would spend several years in a post. Diplomats would then to bring with him his immediate family as well as a retinue of servants to minister to his comforts and enhance his prestige. The rationale for extending privileges and immunities to the immediate families of diplomatic agents has remained largely unchallenged under the Convention regime as it is still followed today.
Junior Staff of the Mission and Private Servants
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter considers Article 37.2 to 37.4 of the Vienna Convention on Diplomatic Relations which highlights the functions of the junior staff of the mission and private servants. Article 37.2 states that members of the administrative and technical staff of the diplomatic mission, together with members of their families, shall enjoy the privileges and immunities specified in Articles 29 to 35, except the immunity from civil and administrative jurisdiction of the receiving State specified in Article 31. They shall also enjoy the privileges specified in Article 36, paragraph 1, in respect of articles imported at the time of first installation. Article 37.3 then states that members of the service staff shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption contained in Article 33. Lastly, Article 37.4 states that Private servants be exempt from dues and taxes on the emoluments they receive by reason of their employment.
Commencement of Privileges and Immunities
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter examines Article 39.1 of the Vienna Convention on Diplomatic Relations which deals with the commencement of privileges and immunities given to members of the diplomatic mission of the sending State. The Article states that every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs or such other ministry as may be agreed. This notion was based on the view that privileges and immunities began when the diplomat entered the territory of the receiving State and made his appointment known. The chapter also looks into numerous cases where a person has sought to rely on the apparent protection given by Article 39.1, using it to grant them immunity from jurisdiction.
Property of a Deceased Member of a Mission
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter explores Article 39.4 of the Vienna Convention on Diplomatic Relations which deals with the handling of the property of a deceased member of a diplomatic mission. The Article states that in the event of the death of a member of the mission who is not a national of or permanently resident in the receiving State or a member of his family forming part of his household, the receiving State shall permit the withdrawal of the movable property of the deceased, with the exception of any property acquired in the country the export of which was prohibited at the time of his death. Estate, succession and inheritance duties shall not be levied on movable property the presence of which in the receiving State was due solely to the presence there of the deceased as a member of the mission or as a member of the family of a member of the mission.
Duties of Third States
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter examines Article 40 of the Vienna Convention on Diplomatic Relations which provides an outline of the duties of third states during diplomatic missions. The Article states that if a diplomatic agent, together with his family, passes through or is in the territory of a third State, the third State shall accord them inviolability and such other immunities as may be required to ensure their transit or return. The Article also states that in similar circumstances, the third State shall not hinder passage through their territories. Also, third States shall accord to official correspondence and other official communications in transit, including messages in code or cipher, the same freedom and protection as is accorded by the receiving State. Lastly, the Article states that the obligations of third States written in this Article shall also apply to the persons mentioned, and to official communications and diplomatic bags, whose presence in the territory of the third State is due to force majeure.
Duties of the Mission towards the Receiving State
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter considers Article 41 of the Vienna Convention on Diplomatic Relations which provides an outline of the duties of the diplomatic mission towards receiving State. According to the Article, it is the duty of all of the members of the mission, without any prejudice, to enjoy such privileges and immunities and to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State. The Article also states that all official business with the receiving State shall be conducted with or through the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed. Lastly, the premises of the mission must not be used in any manner incompatible with the functions of the Convention or by other rules of general international law or by any special agreements in force between the sending and the receiving State.
Non-Discrimination and Reciprocity
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter considers Article 47 of the Vienna Convention on Diplomatic Relations which deals with non-discrimination and reciprocity. The Article states that in the application of the provisions of the present Convention, the receiving State shall not discriminate as between States. However, discrimination shall not be regarded as taking place: (a) where the receiving State applies any of the provisions of the present Convention restrictively because of a restrictive application of that provision to its mission in the sending State; (b) where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention. Article 47 lays down a general duty of non-discrimination before setting out circumstances in which discrimination is deemed not to take place. The emphasis is therefore placed on non-discrimination and on the application in each State Party of a uniform regime for diplomatic missions.
Final Clauses
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter looks into Articles 48 to 53 of the Vienna Convention on Diplomatic Relations. Article 48 states that the Convention shall be open for signature by all States Members of the UN or any of the specialized agencies or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention. Article 49 on the other hand states that the present Convention is subject to ratification, while Article 50 expresses that the Convention shall remain open for accession by any State. Article 51 enumerates the date of the enforcement of the ratifications submitted to the UN, and Article 52 states that the Secretary-General shall inform all States the deposit of instruments of ratification and the date of enforcement. Lastly, Article 53 states that the original texts of the Convention shall be deposited with the Secretary-General, who shall send certified copies thereof to all States.
Settlement of Disputes
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter considers the Optional Protocol concerning the Compulsory Settlement of Disputes as discussed in the Vienna Convention on Diplomatic Relations. As a general rule, disputes over the interpretation or application of the Convention must be resolved speedily by the Ministry of Foreign Affairs and other authorities of the receiving State in determining whether criminal proceedings may be brought, by national courts when diplomatic immunity is pleaded, or by governments in deciding on whether a member of mission should be recalled or more generally on the level at which they wish to maintain diplomatic relations. According to the protocol, disputes arising out of the interpretation or application of the Convention shall lie within the compulsory jurisdiction of the International Court of Justice and may accordingly be brought before the Court by an application made by any party to the dispute being a Party to the present Protocol.
The Foundations of International Investment Law
Authors: Salacuse Jeswald W 
Published: June 2017

Abstract
This chapter examines the state of customary international law governing international investments, that is, the law that exists in the absence of an applicable treaty. Following World War II, such law for most investors was incomplete, vague, contested, and without an effective enforcement mechanism, meaning that investors and their home governments needed to find another way to protect investments of their nationals. This would lie in negotiating investment treaties. Topics covered include state and investor interests shaping international investment law; the sources of international law; customary international law and general principles of law governing international investment; customary international law on expropriation and breach of state contracts; challenges to Western views on international investment law; and deficiencies of customary international law on investment.
Freedom from Coercion
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter addresses the relationship between article 18(2) and article 18(3) of the International Covenant on Civil and Political Rights (ICCPR). Article 18(2) states that no person shall be subject to coercion which would impair his or her freedom to have or to adopt a religion or belief of their choice. This provision for the forum internum does not allow for any compromise or limitation. By contrast, article 18(3) deals with possible limitations concerning manifestations of religion or belief in social life. However, the distinction in legal protection, as it is drawn between these two dimensions of freedom of religion or belief, should not be misconstrued as an abstract hierarchy or a fragmentation of two separate spheres. The unconditional prohibition of coercion in the forum internum enhances the status of freedom of religion or belief in all its dimensions.
Appointing Clergy
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter addresses the issues concerning State interference in the appointment of clergy in a religion. In practice, the existence of religious communities is maintained through the succession of new religious leaders, priests, and teachers. If a State systematically abducts, arrests, or imprisons religious leaders this may jeopardize the very survival of this community. Likewise, direct State interference in the appointment procedure of a religion may lead to divisions within communities and may weaken the relationship between different sub-groups. These interferences may include management measures for the recognition of ‘reincarnations’, which may result in disunity among religious members, with some believers following the State-appointed leader while others follow the leader who has not been officially recognized. Another issue of interpretation is whether the autonomy of religious communities in selecting and appointing their religious leaders can—or even must—be curtailed by the State in order to safeguard the equality between men and women.