Masalkovski, Ile and Ristovska, Mirjana (2018) JUDICIAL IMMUNITY OF DIPLOMATIC MISSIONS AS PART OF THE SCOPE OF THE DIPLOMATIC PROTOCOL. HORIZONS INTERNATIONAL SCIENTIFIC JOURNAL Series A, 22 (XII). pp. 87-97. ISSN 1857-9884
Full text not available from this repository.Abstract
Immunity, in the broadest sense of the word, in the international law is excluding the jurisdiction of the state authorities in admissions regarding a diplomatic representative. The legal basis of this institute is in the common law, as a concept of inviolability of the diplomatic representative. In this context, the irrepressible assumption, over which the concept of immunity is built, is the rule that the diplomats are sacred figures (sancti habeantur legati). Today, the immunity of the diplomatic representative is determined according to the international law and international custom, unlike the privileges of the diplomatic representative which are largely dependent of the internal law of the state of admission. This paper will be focused on the judicial immunity of the diplomatic missions in the criminal, civil, administrative, and misdemeanor procedure. The paper consists of introduction, two main parts, and conclusion. In the introduction, a general overview of the emergence and the development of the conception of the immunity will be reviewed. In the second part the timeframe in which the judicial immunity is applied is reviewed. And, in the conclusion section, we will try to provide answer to the question what are thefuture tendencies in the international law and international case law regarding the judicial immunity in diplomatic missions. KEY WORDS: judicial immunity, diplomatic mission, Vienna convention.
| Item Type: | Article |
|---|---|
| Subjects: | Scientific Fields (Frascati) > Social Sciences > Law |
| Divisions: | Faculty of Law |
| Depositing User: | Pfk Eprints |
| Date Deposited: | 09 Mar 2020 13:03 |
| Last Modified: | 09 Mar 2020 13:03 |
| URI: | http://eprints.uklo.edu.mk/id/eprint/3925 |
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