The Law Of All Land Essays - Foreign Relations, Law,

The Law Of All Land The Law of All Lands: A Study of Diplomatic Immunities and Privileges I. Introduction ? A Brief History of Diplomacy II. Related Terms in Diplomacy III. United Nations Legislation A. Vienna Conventions 1961 and 1963 B. Foreign Sovereign Immunities Act of 1976 and Diplomatic Relations Act of 1978 C. General Assembly Resolution IV. U.S. Policy on Diplomatic Immunity V. Abuses of Diplomatic Immunities and Privileges VI. Conclusion VII. Appendices VIII. Bibliography I. INTRODUCTION ? A Brief History of Diplomacy Sadaam Hussein emerged as ?public enemy number one? because of his blatant disregard to international law and relations, in his continued hostage hold of U.S. diplomats. As a result, foreign and national security policies had to be enacted to handle the hostile foreign affair. Diplomacy became one of the chief instruments of foreign and national security employed in the Iranian hostage crisis and other international conflicts preceding and succeeding. The history of diplomacy can be traced to the intense diplomatic intercourse between ancient Egypt and its neighbors long before 1000 BC. Not until the twelfth and thirteenth centuries, however, did diplomacy begin to assume its modern form. Rules were developed by the Italian city-states to govern the appointment and conduct of ambassadors, and in 1455, Milan established the first permanent embassy in Genoa. In the sixteenth century, other European states followed the Italian example and appointed permanent ambassadors. Under the influ ence of sixteenth and seventeenth century writers, such as Hugo Grotius and Alberico Gentili, the privileges of diplomats were more precisely defined and incorporated in international law. The Congress of Vienna in 1815 and the Vienna Convention on Diplomatic and Consular Relations in 1961 and 1963 defined and redefined, respectively, classes of diplomatic representatives. In the twentieth century, consular and diplomatic services, formerly separate, have been merged in many countries, including the United States (1924). Diplomacy is the activity of preventing and solving conflicts by representatives, namely diplomats, of two or more states (nations) conversing on related controversial issues with expectations toward peaceful agreements. The most significant catalyst or mechanism used within diplomacy exists as immunities and privileges. Diplomatic immunity and privilege entails an exemption or freedom from liability or penalty under criminal and national law. Consular agreements, e xtraterritoriality, impunity and extradition are terms that appear frequently throughout the discussion of diplomatic immunities and privileges. As the established ruling commission over global affairs, the United Nations have enacted legislation concerning the diplomatic relations, including immunities and privileges. Such legislation occurred at the Vienna Conventions of 1961 and 1963, along with the passing of the Foreign Sovereign Immunities Act of 1976. As a super power and democratic nation, the United States plays a pivotal and influential role in the enforcement of immunity statues. Within its national boundaries, the United States follows its policy on diplomatic immunity and privilege, while other nations observe American practices and execute their own policies. Consequently, such freedom granted by diplomatic immunity has resulted in mainstream and high sea foreign cases when diplomats abuse it. What becomes apparent within the study of diplomatic immunity over the last ten years is the dilemma placed on participating diplomatic countries when abuse calls for rule and order and thus, the responsibility needed to be taken by diplomats. II. RELATED TERMS IN DIPLOMACY Dating back to the ancient Greeks, a tradition upheld that foreign emissaries traveled under the protection of Zeus. In international law, this ideal form of immunity upholds in current diplomatic relations. Immunity was intended to protect diplomats working in unfriendly foreign countries. As abuse of this exemption system began to occur, once unfamiliar terms grew into commonly used words and practices. ? Consular agreements ? the appointment of an official by a government to reside in a foreign country to represent the commercial interests of its native citizens. Consular agreements usually beget global negotiations. ? Extraterritoriality ? an exemption from the application of jurisdiction of law or tribunals. Extraterritoriality requires federal judiciaries to determine the territorial reach of federal statutes. ? Impunity ? exemption from punishment, penalty, and harm. ? Extradition ? legal surrendering of a fugitive to the jurisdiction of another state, country, or government for trial. III. UNITED NATIONS LEGISLATION Diplomacy exists as one of the most attention-needed issue on the agenda of the United Nations. As an ideal governing body among many