immunities be affected? What are the causes for the b. What is the right of asylum? termination of diplomatic The ―right of asylum is the authority of a missions? Explain briefly State to allow an alien who has sought refuge from prosecution or persecution to a. Death remain within the territory and under its b. Resignation protection. c. Removal o It covers political or religious d. Abolition of the office offenses
d. what are the classifications of
What is the doctrine of asylum? Explain briefly consuls as to character?
1. With reference to territorial asylum the a. Ambassadors or nuncios accredited to
right of a state to grant asylum within its Heads of State and other heads of territory exists only when it is so stipulated missions of equivalent rank in a treaty or when it is justified by b. Envoys ministers and internuncios established usage. Of course, should a accredited to Heads of State state rely on its ―territorial supremacy‖ it can always justify the grant. c. Charges d’affaires accredited to Ministers for Foreign Affairs
2. With reference to diplomatic asylum- What about as to appointment?
asylum may be granted only if- Requisites: A. there is a treaty granting this right; Give at least 5 functions of consular B. established usage allows it but this should be confined ―within its officers. narrowest limits‖ 1. Promote the commercial interests of C. When the life, person, or liberty of their country in the receiving state and to the individual seeking is threatened by observe commercial trends and imminent violence; it is understood that developments therein for report to their asylum should be temporary and home government. should exist only for the duration of the emergency. 2. They also perform duties relating to navigation, such as visiting and inspecting c. To whom diplomatic immunity vessels of their own states which may be in the consular district, exercising a measure granted? of supervision over such vessels, adjusting matters pertaining to their internal order Under our Constitution, it is the President who and discipline, as well as visiting and is empowered to appoint ambassadors, other inspecting foreign vessels destined for a public ministers and consuls, subject to the port of the sending state. consent of the Commission on Appointments. 3. Consuls are also empowered to issue e. The receiving state shall permit and passports to nationals of the sending state, protect free communication on the & to issue documents relating to entry into and travel within the territory of the part of the mission for all official sending state, and to visa invoices and purposes. In communicating with the certificates of origin of goods destined for government and other missions, and the territory of that state, and to visa consulates of the sending state invoices and certificates of origin of goods destined for the territory of that state. wherever situated, the mission may employ all appropriate means, 4. It is likewise the responsibility of consuls including diplomatic couriers and to look after the interests of fellow nationals and to extend them official messages in code or cipher. The assistance whenever needed. official correspondence of the mission shall be inviolable. f. Subject to its laws and regulations e. What are the consular concerning national security, the immunities and privileges? receiving state shall insure to all members of the mission freedom of a. The person of diplomatic agent shall movement and travel in its territory. be inviolable and he shall not be liable g. A diplomatic agent is not obliged to to any form of arrest or detention. give evidence as a witness The receiving state shall treat him h. A diplomatic agent shall be exempt with due respect and shall take all from all dues and taxes, personal or appropriate steps to prevent any real, national, regional or municipal attack on this person, freedom or except certain specified cases like dignity. the imposition of indirect taxes. b. A diplomatic agent shall enjoy i. The mission and its head shall have immunity from the criminal, civil and the right to use the flag and emblem administrative jurisdiction of the of the sending state on the premises receiving state, except in certain of the mission, including the cases as, for example, when the civil residences of the head of the mission action deals with property held by and on his means of support. him in a private or proprietary capacity. What causes the termination of consular c. The diplomatic premises shall be functions? inviolable, and the agents of the a. Representing the sending state to receiving state may not enter them the receiving state. without the consent of the head of b. Protecting in the receiving state the the mission. Such premises, their interests of the sending state and its furnishings and other property nationals. thereon and the means of c. Negotiating with the government of transportation of the mission shall the receiving state. be immune from search, requisition, d. Ascertainment through lawful attachment or execution. means and conditions and d. The archives and documents of the developments the receiving state mission shall be inviolable at any and reporting thereon the time and wherever they may be. government of the sending state. e. Promoting friendly relations The totality of norms and rules which between the sending and the determine the external forms of relations receiving state developing their between states, of diplomatic intercourse; it is a political instrument of diplomacy and economic, cultural and scientific creates a framework within which relations. diplomatic activities are realized. f. In some cases, representing friendly governments as their request.
D. Appointment of Diplomatic Officials
II ans. The appointment of diplomats is not
merely a matter of municipal law for the receiving state is not obliged to accept a representative who is a persona non grata to it. Indeed, there III. have been cases when duly accredited diplomatic representatives have been A. The right of legation or Diplomatic rejected, resulting in starained Intercourse relations between the sending and The right to send and receive diplomatic receiving state. representatives. To avoid such awkward situation, most Active Right of Legation- the right to send states now observe the practice of envoys or establish diplomatic mission agreation, by means of which inquiries Passive Right of Legation- the right to receive are addressed to the receiving state such envoys or missions. regarding a proposed diplomatic representative of the sending state. It B. The four classes of diplomatic officers is only when the receiving state based on the congress of vienne of 1815 and manifests its agreement or consent congress of aixa-chapelle of 1818 that the diplomatic representative is appointed and formally accredited. 1. Ambassadors, Legates, and Nuncios were personal representatives of their sovereign. 2. Envoys and Ministers represented E. Diplomatic Immunities and Privileges their government, and were accredited to the receiving sovereign. a. Personal inviolability 3. Ministers resident formed an intermediate class, between b. Inviolability of premises and ministers and chargés. This rank archives was created by the Congress of Aix- la-Chapelle (1818)[5] c. Right of an official communication 4. Chargés d'affaires were accredited by their Foreign Minister to the d. Exemption from local jurisdiction receiving Foreign Minister. e. Exemption from subpoena as witness C. Diplomatic Protocol f. Exemption from taxation