Diplomatic and Consular Law

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Diplomatic and Consular Law

• Lecturer Jiang he

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Introduction to diplomatic and consular law

• Vocabulary specialized in this area
• Conception of diplomatic and consular law
• The links and distinction
• Development of diplomatic and consular law

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Diplomatic Law

• The system of diplomatic organs
• Position of diplomatic staff
• The functions of a diplomatic mission
• The accrediting and acceptance
• The classes of the heads of the mission

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The diplomatic immunity

• Concept of diplomatic immunity
• On the immunity of the embassy
• The immunity of diplomatic staff
• The mission and third state
• The obligations of the diplomatic staff
• The determination of the mission

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Immunity of the embassy

• Inviolability of the premises of the mission
• Inviolability of official correspondence
• Diplomatic bag and diplomatic courier
• Exemption from all dues and taxes
• Archives and documents of the mission
• Freedom of movement and travel
• Right to use the flag and emblem

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Immunity of diplomatic staff

• Inviolability of the person of the staff
• Inviolability and protection of private residence
  
• Immunity from jurisdiction and exceptions
• Exemption from social security and exceptions
• Exemption from all dues and taxes
• Exemption from public service
• Entry of and grant exemption from all customs
  duties on their articles
• Immunity of other members of the mission
• Span of the diplomatic immunity

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The mission and third state

• Inviolability and privileges during passage
• Immunity of the family members
• Passage of other members of the staff
• official correspondence, diplomatic couriers and
  diplomatic bags
• Presence of them due to force majeure

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Obligations of the diplomatic staff

• Respect the laws and regulations of the receiving
  State
• Non-interference in the internal affairs
• Counterparts for all official business
• Proper use of the premises of the mission
• No practice of professional or commercial
  activity for personal profit

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Determination of the function

• End of the function
• Recall in the case of persona non grata
• Active recall by the sending state
• Severance of diplomatic relations
• Practices in the case of arm conflicts or wars
  and the severance of diplomatic relations

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Vienna Convention on Consular Relations

• Definitions in this area
• Consular Relations in General
• (1) Establishment and Conduct of Consular
  Relations
• (2)End of Consular Functions
• Consular Facilities, Privileges and Immunities
• Regime Relating to Honorary Consular Officers
  and Consular Posts Headed by Such Officers
• General Provisions