Research on Modern Diplomatic Privileges and Immunities

Author: Huang Deming
Publisher:
Publish Date: 2005-01-01
Features: This book is one of the few specialized works on the system of diplomatic privileges and immunities in China. Focusing on the privileges and immunities of resident diplomatic missions (i.e., diplomatic embassies) and their personnel, it also considers the privileges and immunities of other types of foreign missions and their personnel. By examining multilateral conventions, bilateral agreements, international customary law, domestic legislation, international and domestic judicial precedents, and scholarly opinions, the book systematically studies modern diplomatic privileges and immunities and related systems, drawing regular conclusions on several issues. Diplomatic law is one of the fundamental systems of international law, with its core being diplomatic privileges and immunities. This book aims to contribute to theoretical development in the field. The book is divided into two parts, with a total of 11 chapters. Chapters 1 to 7 form the first part, primarily discussing the theory and practice of modern diplomatic privileges and immunities. By examining the types, personnel, and activities of various resident missions, which are the main carriers of diplomatic privileges and immunities, the book clarifies that the theory of diplomatic privileges and immunities is based on both the functional necessity doctrine and the representative theory. Through an exploration of the scope of application of modern diplomatic privileges and immunities and their relationship with state authorities and third countries, the book explains that modern diplomatic privileges and immunities are a prerequisite for international interactions and an important guarantee for implementing modern international legal norms. By discussing the two contrasting aspects of violating and abusing diplomatic privileges and immunities, the book demonstrates that good relations between states and effective international cooperation are the best methods to address related issues. Chapters 8 to 11 form the second part, primarily comparing the intrinsic connections between diplomatic privileges and immunities and other related systems, such as state immunity, immunities of heads of state, and immunities of international organizations. It explores conflicts between diplomatic privileges and immunities and other international legal norms and their resolution, discusses China's legislative and practical approaches to modern diplomatic privileges and immunities, and emphasizes the obligations of resident missions and their personnel toward the host state while summarizing the scope of application of modern diplomatic privileges and immunities.