Гольцева О.Ю. Международное право в официальных документах. Под ред. И.А. Горшеневой

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Exercise 7. Say whether these statements are true or false. Correct the wrong ones.

1.The Vienna Conventions on Diplomatic Relations is an international treaty that defines a framework for diplomatic relations between European countries.

2.The Vienna Conventions enables diplomats to perform their function without fear of coercion or harassment by the home country.

3.It is possible for the official's home country to waive immunity.

4.The Vienna Convention provides a framework for the establishment, maintenance and termination of diplomatic relations on a basis of consent between sovereign States.

5.Withdrawal of a mission may take place only for breach of diplomatic relations.

6.The receiving State has a duty to protect the premises against intrusion, damage, disturbance of the peace or infringement of dignity.

7.The receiving State may seize or inspect mission archives and documents or permit their use in legal proceedings.

8.A diplomatic bag may not be opened or detained even on suspicion of abuse.

Exercise 8. Suggest the Russian equivalents.

IMMUNITY

Diplomatic immunity, to grant immunity, legal immunity, a limited form of immunity, to waive immunity, immunity from jurisdiction, to bar from all immunities, immunity to criticism, immunity against the virus, immunity from prosecution, to be immune to flattery, immune to abuse, immune system, a worldwide immunization programme against this disease.

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Exercise 9. Do you think diplomatic immunity has a long history? Try to give the definition of diplomatic immunity.

Exercise 10. Read the text and find the correct answers to the questions in exercise 9.

Diplomatic immunity is a form of legal immunity and a policy held between governments, which ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws (although they can be expelled). It was agreed as international law in the Vienna Convention on Diplomatic Relations (1961), though the concept and custom have a much longer history. Many principles of diplomatic immunity are now considered to be customary law. Diplomatic immunity as an institution developed to allow for the maintenance of government relations, including during periods of difficulties and even armed conflict. When receiving diplomats — who are, formally, representatives of the sovereign — the receiving head of state grants certain privileges and immunities to ensure that they may effectively carry out their duties, on the understanding that these will be provided on a reciprocal basis.

Originally, these privileges and immunities were granted on a bilateral, ad hoc basis, which led to misunderstandings and conflict, pressure on weaker states, and an inability for other states to judge which party was at fault. Various international agreements known as the Vienna Conventions codified the rules and agreements, providing standards and privileges to all states.

Exercise 11. Read this text and answer these questions.

1.Where and when was the Conventions on Consular Relations adopted?

2.How many countries was it ratified by?

3.What does the Convention define?

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The Vienna Convention on Consular Relations of 1963 is an international treaty that defines a framework for consular relations between independent countries. A consul normally operates out of an embassy in another country, and performs two essential functions:

(1)protecting in the host country the interests of their countrymen, and

(2)furthering the commercial and economic relations between the two countries. While a consul is not a diplomat, they work out of the same premises, and under this treaty they are afforded most of the same privileges, including a variation of diplomatic immunity called consular immunity. The treaty has been ratified by 172 countries. The treaty is an extensive document, containing 79 articles.

Exercise 12. Compete this text with words from the box in appropriate form.

Consulate

An office established by one state in an important city of another state for the purpose of supporting and protecting its ____________ traveling or residing there. In addition, these offices are charged with performing other important

____________ such as ________ to _____________

nationals wishing to travel to the country the consulate represents. All _____________ , whether located in the capital city or in other communities, are administratively under the ambassador and _____________. In addition to carrying out their _____________, they often serve as branch offices for the embassy, supporting, for example,

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the latter’s political and economic responsibilities. Consulates are expected to play a particularly significant role in connection with the promotion of their own country’s exports and other commercial activities. Officers performing consular duties are known as __________ or, if more junior, ___________.The chief of the consulate is known as

_____________.

Exercise 13. Translate this basic overview of the Vienna Convention key provisions.

ВЕНСКАЯ КОНВЕНЦИЯ О ДИПЛОМАТИЧЕСКИХ СНОШЕНИЯХ 1963 года

В статье 5 перечисляются 13 консульских функций, включая защиту в государстве пребывания интересов представляемого государства и его граждан, а также содействие развитию торговых, экономических, культурных и научных связей между странами.

Статья 23 Государство пребывания может в любое время и по любой причине уведомить представляемое государство о том, что то или иное консульское должностное лицо является "persona non grata". Представляемое государство должно в течении соответствующего периода времени отозвать данное лицо, иначе это лицо потеряет консульский иммунитет.

Статья 31 Власти государства пребывания не могут вступать в консульские помещения и должны защищать консульские помещения от всяких вторжений или нанесения ущерба.

Статья 35 Государство пребывания должно разрешать и охранять свободу сношений консульского учреждения с представляемым государством, Консульская вализа не подлежит вскрытию. Консульский курьер не подлежит ни аресту, ни задержанию.

Статья 36 Иностранные гражданине в случае ареста или задержания должны быть безотлагательно про-

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информированы об своем праве на то, чтобы компетентные органы государства пребывания уведомили посольство или консульское учреждение представляемого государства.

Exercise 14. Study these Diplomatic Ranks, listed in order of precedence. Give their Russian equivalents.

1.Ambassador Extraordinary and Plenipotentiary

2.Ministers Plenipotentiary

3.Ministers

4.Chargé d'Affaires ad hoc or pro tempore

5.Chargé d'Affaires ad interim

6.Minister-Counselors

7.Counselors (or Senior Secretaries in the absence of Counselors)

8.Army, Naval and Air Attachés

9.Civilian Attachés

10.First Secretaries

11.Second Secretaries

12.Assistant Army, Naval and Air Attachés Civilian Assistant Attachés

13.Third Secretaries and Assistant Attachés

Exercise 15. Match these terms with their definitions.

1.Ambassador Extraordinary and Plenipotentiary

2.Head of Chancery

3.Consular Agent

4.Attaché

5.Chief of Mission

6.Chargé d’Affaires

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a)The chief of a diplomatic mission; the ranking official diplomatic representative of his country to the country to which he is accredited, and the personal representative of his own head of state to the head of state of the host country. The term "extraordinary" has no real meaning.

b)They are either junior officers in an embassy or, if more senior, officers who have a professional specialization such as "labor oneé", "commercial one", "cultural oné", etc. On the military side, an embassy will generally have either an army one, naval one, or air one– and often all three. In American embassies, the senior of the three is called the defense one

c)The ranking officer in an embassy, permanent mis-

sion, legation, consulate general or consulate (i.e. an ambassador always, and a minister, consul general, or consul when no more senior officer is assigned to the post). A "chief of mission" can also be the head of a special and temporary diplomatic mission, but the term is usually reserved for the earlier listed examples

d)An important position in British embassies not found in American diplomatic establishments. An officer, usually head of the political section, charged with coordinating the substantive and administrative performance of the embassy. In an American embassy, the ambassador looks to the deputy chief of mission to do this.

e)An official doing consular work for a nation in a locality where it does not maintain a regular consulate. This official is usually a national of his host state, and his work is usually part-time.

f)Formerly, it was the title of a chief of mission, inferior in rank to an ambassador or a minister. Today with the a.i. (ad interim) added, it designates the senior officer taking charge for the interval when a chief of mission is absent from his post. .

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Exercise 16. Study this chart outlining the immunities afforded to foreign diplomatic personnel residing in the United States.

Diplomatic immunity in the United States

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Exercise 17. Answer and debate these questions.

1.Do these diplomatic rules follow the Vienna Convention, in your opinion?

2.Do these rules apply in other countries as well?

Exercise 18. Read the Reservation by QATAR to the

Vienna Convention on Diplomatic Relations, Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning Acquisition of Nationality and Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning the Compulsory Settlement of Disputes and answer these questions.

1.What right does the Government of the State of Qatar reserve?

2.In what situations may a diplomatic bag be opened?

3.What does not the accession to the Convention by the State of Qatar mean?

Reservation by QATAR

I. On article 27, para. 3:The Government of the State of Qatar reserves its right to open a diplomatic bag in the following two situations:

1. The abuse, observed in flagrante delicto, of the diplomatic bag for unlawful purposes incompatible with the aims of the relevant rule of immunity, by putting therein items other that the diplomatic documents and articles for official use mentioned in para.4 of the said article, in violation of the obligations prescribed by the Government and by international law and custom.

In such a case both the foreign Ministry and the Mission concerned will be notified. The bag will not be opened except with the approval by the Foreign Ministry.

The contraband articles will be seized in the presence of a representative of the Ministry and the Mission.

2. The existence of strong indications or suspicions that the said violations have been perpetrated.

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In such a case the bag will not be opened except with the approval of the Foreign Ministry and in the presence of a member of the Mission concerned. If permission to open the bag is denied it will be returned to its place of origin.

II. On article 37, para. 2:

The State of Qatar shall not be bound by para. 2 of article 37.

III. Accession to this Convention does not mean in any way recognition of Israel and does not entail entering with it into any transactions regulated by this Convention

* flagrante delicto – (Latin: "in a blazing offence") or sometimes simply in flagrante (Latin: "while blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence. The colloquial "caught red-handed" or "caught rapid" are English equivalents.

OVER TO YOU

Debate this question.

Some countries have made reservations to the Vienna Convention on Diplomatic Relations, but they are minor. Most important are the reservation by most Arab nations concerning non-recognition of Israel. Why do you think these countries included this reservation to the Vienna Convention?

Exercise 19. Define the term "alternat", as seen from the text below. Consult a glossary, if necessary.

International courtesy has established a custom called

"rotation in precedence" which confers on each state the right to occupy, in rotation, the place of honour in signing international acts in which it participates. This means that, when the final documents are drawn up, the first place in the list of the participating powers is given successively to each of the signatory states. Its plenipotentiary moves to the head of the list and signs at the place of honour, that is to say, at the left if the names of the signatories are placed side by side, or at the top if they are disposed vertically. Each state receives the signed original of the convention