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I.

a.How may waiver of diplomatic


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

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