File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Evolution Of The Concept Of Diplomatic Immunity With Reference To Economic Diplomacy And Public Dipl

Pre-literate societies regarded envoys as sacred. This sacrosanctity may stem in part from early man's attitude toward strangers and the traditional code of hospitality. Across the ancient world the immunity accorded to diplomats varied widely.

In ancient Greece only heralds enjoyed such status. In ancient Greece only heralds enjoyed such status. In Ancient Rome, their Sacred status was based on fetial law. In other cultures, a deep- rooted Pragmatism dictated that envoys be well treated. In the middle ages principals looked to custom, law, religion and the threat of reciprocal action to safeguard their emissaries.

The early modern period witnessed the establishment of resident embassies and occasioned a new debate over the immunities of diplomats. In theory (according to some, such as Gentili and Hotman) ambassadors were not immune, but in practice they were. Although the idea of extraterritoriality predated Grotius, he coined the term when he noted that ambassadors should be treated as quasi extra territorium (as if outside the territory).

Some theorists such as Vattel, based their defense of immunity on the law of nature but they were increasingly being challenged and undermined by the positivists school, who based international law on the implicit or explicit consent of states.In the nineteenth and twentieth centuries, as resident embassies, and with them international law expanded across the globe, the number of envoys and their entourages increased exponentially and occasioned new debates over the immunity of envoys.

Practice varied widely among states. Generally , however the functionalist view of the Italian and Belgian schools, which strove to limit privileges, prevailed.

Emergence of Important Conventions:

The Vienna convention of 1961 succeeded in part because it defined what had become customary practice and because a generally functionalist view prevailed among the receiving states. It prevailed as well because it avoided controversial issues such as asylum and only dealt with permanent envoys and their staffs. The Vienna convention of 1975 failed because no consensus existed between the receiving states ( generally wealthy and western ) and the sending states on the status of the personal of IGOs.

Diplomatic immunity is a kind of legal immunity and a policy held between governments that ensure that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws, but they can still be expelled.Diplomatic immunity finds its origin from as international law in the Vienna Convention on Diplomatic relations (1961),though the concept and custom have a much longer history. Diplomatic immunity as an institution developed to allow for the maintenance of government relations, including during periods of difficulties and even armed conflict.

Diplomatic Asylum is not established in any International law. It derives its existence from Article 14 of the Universal Declaration of Human Rights, which states: Everyone has the right to seek and to enjoy in other countries asylum from persecution.

The European Convention on Human rights and the International Covenant on civil and political rights also enshrine this law. The International Court of Justice has emphasized that in the absence of treaty or customary rules to the Contrary ,a decision by a mission to great asylum involves a derogation from the sovereignty of the receiving state.
The Organization of American states agreed a convention in 1954.In a broad sense, according to the UN, it is protection which is granted by a country outside its own borders, and particularly through its diplomatic missions.

Case of Julian Assange: Julian Assange, founder of whistle blowing website wikileaks, is facing extradition from the U.K to Sweden over rape and sexual assault allegations. Recently, he had spent a night in the Ecuadorian embassy in London after claiming diplomatic asylum .The Government authorities said that by spending the night at the embassy he has breached his bail conditions and faces arrest, but Ecuadorian authorities said they were studying and analyzing his request.

As per Customs, local police and security forces are not permitted to enter an embassy unless they have the express permission of the ambassador- even though the embassy remains the territory of the host nation. This rule was set not in 1961 Vienna Convention on Diplomatic Relations when it codified a custom in place for centuries by establishing the ‘ rule of inviolability'. Thus, by being at the embassy, Assange was on diplomatic territory and beyond the reach of police. Assange fears if he is sent to Sweden it any then lead to him being sent to the U.S to face charges over wiki leaks, for which he could face the death penalty.

Concept Of Public Diplomacy

In contrast to traditional diplomacy, which involves interactions between governments, nowadays State's diplomatic efforts are targeted at people as well. This form of diplomacy which targets the masses is commonly referred to as Public diplomacy. Public diplomacy is defined as:
an international actors attempt to manage the international environment through engagement with a foreign public.

The goals of Public diplomacy are:
to inform ,engage and influence global audiences to reach out beyond foreign governments. Public diplomacy manifests itself in a broad range of programs that employ people to people contacts, print, broadcast and electronic media and other means. One important and central aspect of new Public diplomacy is cultural diplomacy i.e; the use of a country's culture to reach out to foreign audiences and to project a positive image in the international arena.

To summarize, Public policy can be simply defined as a form of convincing communication with foreign publics in the context of fulfilling the goals of the foreign politics. Basically , we are talking about convincing communication, with which governments are trying through information and persuasion to influence the opinions and positions of the public abroad or rather in foreign countries, in order to create a proper pressure on the policy makers and with this influencing the decisions and activities of their governments in accordance with their goals and interests.
Public diplomacy is the opposite of secret diplomacy
Public diplomacy is essentially propaganda
Public diplomacy contains relations with domestic as well as with international Public.
Public diplomacy is Public lobbying
Public diplomacy is enactment of events for the media
Public diplomacy is promotion and branding states abroad
Public diplomacy is in function of foreign cultural policy

A modern diplomat can be anyone that identifies himself herself with the values of a certain country within the international community and the humanitarian models of solving the open dilemmas of globalization.

Concept Of Economic Diplomacy

Economic diplomacy is a form of diplomacy . Economic diplomacy is the use of the full spectrum economic tools of a state to achieve its national interests. The scope of economic diplomacy can encompass the all of the main international economic activities of a state including but not limited to policy decisions designed to influence exports, imports ,investments, lending, aid ,free trade agreements etc.

Economic diplomacy is concerned with economic policy issues e.g: Work of delegations at standard setting organizations such as World Trade Organization (WTO) Economic diplomats also monitor and report on economic policies in foreign countries and give the home government advice on how to best influence them. Economic diplomacy employs economic resources, either as rewards or sanctions , in pursuit of a particular foreign policy objective. This is sometimes called economic statecraft.

Economic diplomacy is traditionally defined as the decision-making, policy making and advocating for the sending state's business interests. Economic diplomacy requires application of technical expertise that analyze the effects of a country's (receiving state) economic situation on its political climate and on the sending state's economic interests.

Three Elements:
  1. Commercial diplomacy and NGO's – The use of Political influence and relationships to promote and/or influence international trade and Investment, to improve on functioning of markets and/or to address market failures and to reduce costs and risks of cross border transactions (including Property rights).

  2. Structural Policies and Bilateral trade and investment agreements - The use of economic assets and relationships to increase the cost of conflict and to strengthen the mutual benefits of cooperation and politically stable relationships i.e ; to increase economic security.

  3. International Organizations - Ways to consolidate the right political climate and international political economic environment to facilitate and institute these objectives.
    These are the important aspects with regard to diplomatic immunity and the major differences and similarities between public diplomacy and economic diplomacy .

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Constitution of India-Freedom of speech ...

Titile

Explain The Right To Freedom of Speech and Expression Under The Article 19 With The Help of Dec...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly