ipl-logo

Vienna Diplomatic Asylum Case Study

712 Words3 Pages

The premises of a diplomatic mission are, by Article 22 of the Vienna Convention on Diplomatic Relation 1961 (in short Convention 1961), both immune and inviolable. These terms overlap in some degree. Immunity mainly conveys freedom from legal process and duties, while inviolability chiefly suggests freedom from physical interference. The legal process, if allowed to run its course, could result in an order that would disturb the possession of the mission. Although the premises of and the personnel accredited to the mission are secured from interference by the Convention, it makes no reference to the practice of granting asylum to others who enter there. Diplomatic asylum is contentious enough that it was purposefully avoided at the Vienna …show more content…

The legal consequences of this distinction were emphasized by the International Court of Justice in the Asylum case (Colombia/Peru). Referring to the submission of the Colombian government, the majority of the Court said: “The arguments.........reveal confusion between territorial asylum (extradition), on the one hand, and diplomatic asylum, on the other. In the case of extradition, the refugee is within the territory of the state of refuge. A decision with regard to extradition implies only the normal exercise of the territorial sovereignty. The refugee is outside the territory of the state where the offence was committed, and the decision to grant him asylum in no way derogates from the sovereignty of that state. In case of diplomatic asylum, the refugee is within the territory of the state where the offense was committed. A decision to grant diplomatic asylum involves derogation from the sovereignty of that state. It withdraws the offender from the jurisdiction of the territorial state and constitutes an intervention in matters which are exclusively within the competence of that

Show More
Related
978 Words | 4 Pages

Legal studies assessment 1. The name of the case is Webb v Edwards [2018] NSWDC 67 - The parties involved in this case are: - Tony Webb (Plaintiff) - Lyndon John Edwards (Defendant)

Read More
1128 Words | 5 Pages

However, certain refugees seek asylum in more wealthy countries where they could possibly build a future. Denmark being one of the most prospering countries in Europe, this attitude directly affects Denmark. Refugees should remain refugees and the integration of refugees remains an issue within the European Union. Denmark should respect the EU policies regarding the freedom of movement of people, however, Denmark should recognize the draining effects refugees have on the country. Therefore I suggest that it is made clear to international institutions that peacekeeping troops are to promote a resolution to the refugee

Read More
511 Words | 3 Pages

As asylum seekers come to the United States, they are interviewed by asylum officers. The asylum seekers explain stories about the fear they faced in hopes to be declared as a refugee under the 1951

Read More
641 Words | 3 Pages

Caption: Castro-Martinez v. Holder, 674 F.3d 1073 (9th Cir. 2011). Facts: Mexican native, Rafael Castro-Martinez (“Castro”), resided in the U.S illegally since 1995. Castro, who is homosexual, was diagnosed as HIV-positive in 2004. In 2007, he went back to his native country for two weeks.

Read More
1142 Words | 5 Pages

Gomez filed a petition for the return of the children on the legal issue that the twins Oscar and Emme have become settled in their new environment. The petition of Jenifer Gomez to bring back the Oscar and Emme to Brazil under the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”), and implemented by the International Child Abduction Remedies Act, 42 U.S.C § 11601 et seq. (“IC-ARA). Habrzyk v. Habrzyk.

Read More
842 Words | 4 Pages

Women and Honourable men, a refugee is a man who is outside their own particular nation and can 't or unwilling to return because of a well - established trepidation of being abused in view of their, Race,Religion, Nationality, political position or is an individual from a specific social gathering. A Asylum seeker is a man who has fled their nation to apply for a displaced person status yet has not been surveyed yet. Presently here 's the inquiry, why do Asylum Seekers and Refugees escape their nation? There are different reasons in the matter of why they escape their nation, these reasons incorporate war, Political Perspectives, racial segregation, religious convictions, or even mistreatment. These individuals have experienced a considerable measure just to sail to Australia, some have even put in all they have,examples of this are such things as, cash, house, furniture, apparel etc.

Read More
744 Words | 3 Pages

http://vimeo.com/74987092 8. The 1951 Convention relating to the Status on Refugees and its 1967 Protocol defines a refugee by: a. A person who is not in the country of their origin or their

Read More
397 Words | 2 Pages

An asylum seeker is someone who is seeking international protection but whose claim for refugee status has not yet been determined. In contrast, a refugee is someone who has been recognised under the 1951 Convention relating to the status of refugees to be a refugee. • Why they come to Australia?

Read More
553 Words | 3 Pages

I will explore the provision of the United Kingdom (UK) Legislation and the UK Border Agency provisions in protecting its own border and I will deliberate over those who violate the Immigration Rules by overstaying. I will define overstayers and their quest in seeking the protection of Article 8 of the Human Rights Act 1998 which provides for the rights in question. I will further substantiate my argument with context of Lady Hale submission in ZH (Tanzania) and some other Article 8 deportation cases in conjunction with the UK legislative provisions and the Immigration Rules. In conclusion I will reiterate the need to restrict the private and family life in case of overstayers and I will strike a balance between the protection of the citizens of the United Kingdom and the protection of private and family life right of legal and well established foreign criminals facing deportation.

Read More
897 Words | 4 Pages

My partner and I stand in firm NEGATION of the resolution “resolved: in response to the current crisis, a government should prioritize the humanitarian needs of refugees over its national interests.” Framework . Contention 1: A government should always prioritize the self interest of its citizens.

Read More
763 Words | 4 Pages

In order for UNHCR to carry through with its statelessness mandate, it has been assigned with the mission of protecting and assisting stateless populations, providing advanced legal and humanitarian aid especially in cases where the States concerned fail to do so. Through a series of Conclusions, the UNGA reiterates the UNHCR’s mandate to identify, prevent and reduce statelessness around the world and calls on the agency to work closely with Governments in order to provide technical support and to encourage States to accede to the Statelessness Conventions. UNHCR is also sharing important data, shedding light on statelessness as a whole. Positively, the agency is doing significant work on gathering statistics and reporting on the numbers

Read More
962 Words | 4 Pages

The foundations for protecting refugees and migrants are a humane approach to human suffering and adherence to international humanitarian law. An improved screening and resettlement process would also improve the West's muddled response to today's displacement crisis. Introduction of the Immigration crisis Migrants and refugees flooding into Europe from Africa, the Middle East, and South Asia have presented European leaders and policymakers with their greatest challenge since the debt crisis. The International

Read More
1225 Words | 5 Pages

There are reasons for this, first is that, internal implementation of international law is always conditioned by a rule of the state’s municipal law. Clearly stating that international law’ internal interpretation is always governed by the municipal constitution. Second is that in national courts, even a monist country, their courts may fail sometimes to execute treaties which are binding under international law. United State law is an example of non-self-executing treaty. While dualist country’s courts, unincorporated treaties are given limited effect on the internal process.

Read More
1306 Words | 6 Pages

A refugee is a person who has been forced to leave their home country in order to escape war, persecution, or natural disaster. There are many different types of refugees, these include refugees who are escaping war, social discrimination, racial discrimination, religious persecution, those who are seeking aid after a natural disaster, political unrest, and those who fear for their lives and the lives of their family. These people are given refugee status and are placed in designated refugee camps across the country where they are supposed to be cared for and educated, but this is not happening. Many of the countries only provide shelter for the refugees but do not provide the rest of the basic needs. There are many factors that contribute to a person becoming a refugee these include war, famine, racial prejudice, religion, harassment or torture due to political views, nationality, and natural disaster.

Read More
2404 Words | 10 Pages

TRUE SENSE OF INTERNATIONAL LAW: The controversy whether international law is a law or not resolves on the divergent definitions of the word “law” given by the jurist. If we subscribe to the view of Hobbes, Austin and Pufendorf, that law is a command of sovereign enforced by a superior political authority then international law cannot be included in the category of law. On the other hand if, we subscribe to the view that the term“law”cannot be limited to rules enacted by superior political authority, then international law can be included in the category of law. Lawrence aptly remarked that everything depends upon the definition of law which we choose to adopt.

Read More

More about Vienna Diplomatic Asylum Case Study

Related Topics

Open Document