New York, 21 November 1947Ĭonvention on the Privileges and Immunities of the Specialized AgenciesĪnnex I - International Labour Organisation (ILO) - to the Convention on the Privileges and Immunities of the Specialized Agencies. New York, 13 February 1946Ĭonvention on the Privileges and Immunities of the United NationsĬonvention on the Privileges and Immunities of the Specialized Agencies. But it still contributes to the balancing of interests between the sending and receiving state, because immunity does not entitle diplomats to flout local laws.Convention on the Privileges and Immunities of the United Nations. It allows diplomats to be able to carry out their functions within the framework of necessary security and confidentiality. Diplomatic immunity is an exception to the general rule of territorial jurisdiction. Its purpose is to facilitate international diplomacy, balancing the pursuit of the foreign policy interests of the sending state with respect for the territorial sovereignty of the receiving state. Diplomatic law governs the conduct of relations between representative organs of a state operating within the territory of another state, and the receiving state. Honoring those same obligations vis-à-vis the diplomatic community in one's own country is widely perceived as a major factor in ensuring that there is no erosion of the international law requirements on diplomatic privileges and immunities. Every state wants its own diplomats operating abroad, and its own diplomatic bags, embassies and archives, to receive those protections that are provided by international law. Virtually every state that is host to a foreign diplomatic mission will have its own embassy in the territory of the sending state. Higgins It has frequently been observed that there is generally good compliance with the law of diplomatic immunity because here, almost as in no other area of international law, the reciprocal benefits of compliance are visible and manifest. In the Convention, as the scope of family is not defined due to lack of consensus during travaux préparatoire it is now to be determined according to customary law, bilateral treaties, or principle of reciprocity.
Taking into consideration the existence of countries, like the Netherlands and Belgium, permitting same-sex couples the issue becomes more problematic.
Although there is an agreement on the inclusion of spouses and minor children as family members, there are various practice samples on recognition of children over 18 and other relatives as members of family. Therefore, there is neither uniform legislation nor practice even within the States party to the Convention regarding which family members will exercise such immunities. However, the Convention includes no definition of the family members. In Article 37/1 of the Convention, it is stipulated that " the family members 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.
The Vienna Convention on Diplomatic Relations is of great importance on the issue. In addition, they are exempt from tax and their residences cannot be searched as well as their private papers cannot be seized or inspected. First of all, diplomatic immunity provides diplomatic agents of sending state for immunity from the jurisdiction of host state.
However, modern principles with respect the immunities of diplomatic representatives emerged following recognition of sovereignty and equality of states and rather as a result of requirement in international arena. Principles as regards diplomatic relations virtually go back to appearance of international law.
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