PROTECION OF OFFICIALS OF FOREIGN STATES ACCORDING TO INTENATIONAL LAWPDF电子书下载

Ⅰ.LEGAL BASIS OF THE PROTECTION OF OFFICIALS OF FOREIGN STATES AND ITS PERSONAL SCOPE 1

1.Legal Basis for the Protection of Officials of Foreign States:Their Personal Inviolability 3

The Definition of Personal Inviolability of Officials of Foreign States 3

(a) Writers who speak of the personal inviolability of officials of foreign States but do not define it 3

(b) Writers who define the personal inviolability of officials of foreign States 4

(c) Writers who discuss the consequences arising from the personal inviolability of officials of foreign States 6

(d) The Vienna Conventions and the Convention on Special Missions and the definition of personal inviolability of officials of foreign States 8

(e) The personal inviolability of officials of foreign States - A privilege or an immunity 10

2.The Personal Scope of the Special Protection of Officials of Foreign States 14

Definition of Officials of Foreign States 14

Ⅱ.THE DUTIES OF THE RECEIVING OR HOST STATE TOWARDS OFFICIALS OF FOREIGN STATES 21

1.The Duty of Non-Commission by the Organs of the Receiving or Host State of Acts Infringing upon the Personal Inviolability of Officials of Foreign States 23

Recognition of the duty of abstention 24

The practice of States 24

The duty of abstention in the context of the case of United States Diplomatic and Consular Staff in Tehran 27

(ⅰ) Statements and declarations by Iranian officials 27

(ⅱ) Statements and declarations by officials of other States 28

The codification of diplomatic and consular law 30

The doctrine of international law 32

The essence of the duty of abstention 32

2.The Duty of the Receiving or Host State of Preventing the Commission by Private Individuals of Acts Violating the Personal Inviolability of Officials of Foreign States 39

Judicial decisions 39

The practice of States 40

The declarations recognizing special protection of officials of foreign States in connection with the violations of their personal inviolability 41

The declarations recognizing special protection of officials of foreign States in connection with the codification of international law 43

The codification of diplomatic and consular law 44

(ⅰ) Unofficial codification 44

(ⅱ) Official codification 45

The doctrine of international law 48

The definition of special protection 49

The implementation of international conventions concerning the special protection of officials of foreign States 50

The Vienna Conventions and the Convention on Special Missions 50

The O.A.S.Convention and the U.N.Convention on Prevention and Punishment 51

The aspects of special protection 51

The real aspects of the special protection of officials of foreign States 51

Preventive measures as a prerequisite to the real aspect of special protection 52

The attitudes of the governments of the receiving States to the demands of kidnappers in return for safe release of their victims 53

(1) Negotiations with kidnappers 53

(2) Non-negotiation with kidnappers 55

Reasons for which the governments of receiving States have refused to negotiate with the kidnappers 55

Measures taken by the governments of the receiving States which refused to negotiate with the kidnappers 56

3.The Duty of the Receiving or Host State to Punish the Perpetrators of Offenses Committed Against Officials of Foreign States 65

The Juridical Aspect of the Special Protection of Officials of Foreign States 65

The codification of international law 65

The doctrine of international law 66

The special protection of officials of foreign States in municipal legislation 68

Sanctions for the violation of the personal inviolability of officials of foreign States 69

Increased punishment 69

Specified penalties 70

The objective scope of punishable acts 71

The extent of penalties 72

Fulfillment of the duty of punishment 73

The practice of States 73

Punishment demanded by the sending States 74

Punishment by the receiving States as fulfillment of their duty of punishment of persons guilty of violating the personal inviolability of officials of foreign States 75

Capital punishment 76

Life imprisonment 77

Deprivation of liberty specified in time 78

The Doctrine of International Law 78

Implementation of the U.N.Convention on Prevention and Punishment 80

4.The Duty of the Receiving or Host State to Cooperate with other States in Preventing the Commission of Offenses Against Officials of Foreign States and in Punishing the Perpetrators of Such Offenses 87

The Recognition of the Duty of Cooperation 87

Judicial decisions 87

The practice of States 88

The codification of international law 91

The doctrine of international law 93

The Duty of Cooperation in the U.N.Convention on Prevention and Punishment 94

Ⅲ.THE CHARACTER OF CRIMES COMMITTED AGAINST OFFICIALS OF FOREIGN STATES 101

1.Crimes Against Officials of Foreign States Are not Political Offenses 103

The Definition of Political Offenses 103

A confusion of terminology 104

Judicial Decisions 105

Bilateral treaties on extradition 106

Multilateral treaties on extradition 107

Extradition Statutes 108

Constitutional provisions on extradition 109

The Codification of Extradition Law 110

The doctrine of criminal and international Law 111

Kidnapping,Murder and Other Assaults Against the Life or Physical Integrity of Officials of Foreign States Are not Political Offenses 114

The positions of States 114

The preparatory documents of the U.N.Convention on Prevention and Punishment 115

The codification of international law 116

The U.N.Convention on Prevention and Punishment 116

2.The Perpetrators of Crimes Against Officials of Foreign States Are Not Eligible for Asylum 121

The Definition of Asylum 121

The Right of Asylum 122

The Basis for the Granting Asylum 123

Persons eligible for asylum 123

The decision of the International Court of Justice 123

Multilateral treaties 124

The codification of international law on asylum 125

The Qualification of Grounds Justifying the Granting of Asylum Belongs to the State Granting It 126

The decision of the International Court of Justice 126

International treaties 127

Multilateral treaties 127

Bilateral treaties on extradition 129

Codification of the law on asylum and extradition 129

The Rule of the Qualification of Grounds Justifying the Granting of Asylum Does Not Apply to the Crimes Committed against Officials of Foreign States 130

3.The Perpetrators of Crimes Against Officials of Foreign States are Extraditable 135

A Definition of Extradition 135

The Recognition of Extradition in International Law 136

Extradition in the absence of a treaty 136

Extradition treaties 137

Extradition laws 138

Extraditable crimes in extradition treaties and statutes 139

Extraditable crimes in the codification of extradition law 141

Extradition under the U.N.Convention on Prevention and Punishment 142

Extradition of the Perpetrators of Crimes against Officials of Foreign States in the Practice of States 144

Ⅳ.THE INTERNATIONAL RESPONSIBILITY OF TOE STATE FOR FAILURE TO FULFILL ITS DUTIES TOWARDS OFFICIALS OF FOREIGN STATES 149

1.The Origin of the International Responsibility of States for Failure to Fulfill its Duties Towards Officials of Foreign States 151

The Definition of the International Responsibility of the State 151

The Internationally Wrongful Act of the State as a Source of its International Responsibility 153

International tribunals 153

The practice of States 154

The codification of international law on State responsibility 154

(ⅰ) Unofficial codification 154

(ⅱ) Official codification 155

The doctrine of international law 155

Every State is responsible for its internationally wrongful act 157

The notion of the internationally wrongful act 157

Attribution as a substantial part of the subjective element 158

The Violation of the Personal Inviolability of Officials of Foreign States Is a Breach of the International Obligations of the State Constituting an Objective Element of an Internationally Wrongful Act 159

The existence of a breach of an international obligation 159

Irrelevance of the origin of the breached international obligation 160

International tribunals 160

The practice of States 160

The codification of international law on State responsibility 161

(ⅰ) Unofficial codification 161

(ⅱ) Official codification 162

The doctrine of international law 162

The International Obligation Must Be in Force to Be Breached 163

The Kinds of Breaches of the International Obligations to Protect Specially Officials of Foreign States 164

The Breach of International Obligations Requiring the Adoption of a Particular Course of Conduct 164

The Breach of International Obligations Requiring the Achievement of a Specified Result 166

2.The International Responsibility of the State for the Conduct of its Organs Violating the Personal Inviolability of Officials of Foreign States 172

A.The Conduct of the State Organs as an Activity of the State 172

The recognition of State responsibility for the conduct of its organs 173

International judicial decisions 173

The practice of States 174

The codification of international law on State responsibility 174

(ⅰ) Unofficial codification 175

(ⅱ) Official codification 175

The doctrine of international law 176

Situations in which the conduct of State organs is attributed to it 177

B.Unauthorized Acts of State Organs 178

The non-responsibility of State for ultra vires acts 178

The practice of States 179

The codification of international law on State responsibility 180

Arbitral decisions 180

The responsibility of States for ultra vires acts 181

The responsibility of States for acts committed within the apparent authority of their organs 181

Arbitral decisions 181

The practice of States 182

The codification of international law on the responsibility of States 183

(ⅰ) Unofficial codification 183

(ⅱ) Official codification 183

The responsibility of States for acts committed outside the apparent scope of authority of their organs 184

Arbitral decisions 184

The practice of States 185

The codification of international law on the responsibility of States 185

The doctrine of international law 186

3.The International Responsibility of the State for the Conduct of Private Individuals 193

International Arbitral Decisions 193

The Practice of States 194

The Codification of International Law on State Responsibility 194

(ⅰ) Unofficial codification 194

(ⅱ) Official codification 194

The Doctrine of International Law 195

The Theories of State Responsibility for the Conduct of Private Individuals 196

1.The Theory of Culpa 196

International tribunals 197

The practice of States 198

The codification of international law on State responsibility 199

The doctrine of international law 200

2.The Theory of Risk 201

International tribunals 201

The practice of States 202

The codification of international law on State responsibility 202

The doctrine of international law 203

3.The Theory of Neglected Duties 203

International tribunals 204

The practice of States 204

The codification of international law on State responsibility 205

(ⅰ) Unofficial codification 206

(ⅱ) Official codification 206

The doctrine of international law 207

4.The Duty to Make Reparation for an Internationally Wrongful Act Done to Other States in the Persons of Their Officials 212

The Recognition of the Duty to Make Reparation 212

International tribunals 212

The practice of States 213

The codification of international law on State responsibility 214

(ⅰ) Unofficial codification 214

(ⅱ) Official codification 215

The doctrine of international law 215

The features of reparation 216

Types of reparation 217

Essential Characteristics of Satisfaction 219

Measures of satisfaction 219

Apologies 220

Expression of regret 220

The manner of the presentation of regrets 221

(ⅰ) Oral expression of regret 221

(ⅱ) Written expression of regret 222

Salute of the flag 223

Disapproval 224

The expiatory mission 225

Official publication 226

The punishment of guilty persons 227

The violators of the personal inviolability of officials of foreign States are known 227

(a) Satisfaction in the form of punishment of guilty persons given on the initiative of the responsible State itself 227

(b) Satisfaction in the form of punishment of guilty persons demanded by the injured State 228

Cases in which the violators of the personal inviolability of officials of foreign States are not known 229

Demands of guarantees for the future 230

Reparation stricto sensu 231

The exhaustion of local remedies rule does not apply 232

Reparation stricto sensu and pecuniary satisfaction in the practice of States 233

Ⅴ.THE MEANS OF SETTLEMENT OF DISPUTES ARISING FROM THE FAILURE BY A STATE TO FULFILL ITS DUTIES TOWARDS THE OFFICIALS OF FOREIGN STATES 241

1.The Prerequisites for the Pacific Settlement of Disputes 243

The Definition of a Dispute 244

The Ascertainment of a Dispute in the Borchgrave Case 246

The Ascertainment of a Dispute in the Case of the United States Diplomatic and Consular Staff in Tehran 247

2.The Means of Settlement of Disputes 252

Negotiations 252

The Practice of States 255

The Case of U.S.Diplomatic and Consular Staff in Tehran 255

Good Offices 257

The Case of U.S.Diplomatic and Consular Staff in Tehran 258

Mediation 259

The Case of U.S.Diplomatic and Consular Staff in Tehran 260

Commission of Inquiry 261

The Case of U.S.Diplomatic and Consular Staff in Tehran 261

Conciliation 262

Conciliation in Conventions on the Protection of Foreign Officials 263

Arbitration 264

Arbitration in Conventions on the Protection of Foreign Officials 265

The Practice of States 266

3.The Judicial Settlement of Disputes by an International Tribunal 271

The Jurisdiction of the International Court of Justice 271

The Basis of the Court's Jurisdiction 272

The Court's Jurisdiction under Special Agreement in the Borchgrave Case 274

The Jurisdiction of the Court in the Case of U.S.Diplomatic and Consular Staff in Tehran 276

The Judgment by Default 279

Measures of Interim Protection 281

Jurisdiction of the Court 282

The nature of interim measures 283

Requested measures 284

The Claims of the United States 286

The violation of the duty of abstention 287

The violation of the duty of special protection 288

The violation of the duty of punishment 290

The violation of the duty of cooperation 291

The Enforcement of the Judgments of the International Court of Justice 293

Conclusions 301

Bibliography 313

Appendix 345

Index of Authors 351

Index of Cases 357

Index of Subjects 367