5/29/2023 0 Comments Persona non grata meaning![]() In addition, modern diplomatic practice views that application of this theory places Diplomatic agents above the law of the receiving states. The criticism based on this theory is that in the modern systems of the nation, immunity is increasing conferred on the nation rather than a King. From the representational theory, diplomatic agents should enjoy the same privileges given to Prince or Sovereign when conducting his diplomatic mission and an insult on a Diplomatic agent is an insult on Sovereign. On the other hand, the representational theory indicates power confers to diplomatic agents as a person. Although this theory had been extensively adopted in the 19 th century, it was discarded by modern jurists and several decisions of different local courts reflect that the theory was fiction. These include diplomatic offices and the residence of the diplomatic agents. Although, the basis of the theory of exterritorial is that the diplomats should be within the territory of the sending states. ![]() In addition, exterritorial theory, which is the oldest of the theory of diplomatic immunity, indicates that diplomatic offices, homes, and persons should be treated as if they are on the territory of the sending states. Thus, the theory indicates that the diplomatic territories such as the embassy of the sending states, residential houses of the sending states are enjoying immunity. However, immunity has sometimes being debatable by scholars, and when discussing the legal basis of community, it is necessary to gain insight into the theory of extraterritorial that indicates that the territory of the diplomatic agent should be regarded as part of the territory of a state.īeing a legal representative of a state confers a diplomatic agent to a legal status of a state. Modern diplomatic relations have been codified by the Vienna Convention (1961) where more than 160 nations ratified the convention, which emphasized the diplomatic practice and diplomatic immunity enjoyed by the diplomatic staff. The immediate family of diplomatic members also enjoys immunity from all criminal prosecutions and civil lawsuits. Among the immunities enjoyed by the diplomatic staff are complete criminal immunity and civil immunity. ![]() Under the Vienna Convention of Diplomatic Relations (1961), immunity is granted to the diplomatic agents to carry out their functions with freedom, independence, and security. To enhance the functions of diplomatic agents, diplomatic immunities are conferred on the diplomatic agents, and diplomatic immunity is the freedom of diplomatic agents from any legal proceedings in the receiving state. Diplomatic immunity is enjoyed by the members of diplomatic agents To established the evidence that the notion of persona no grata under the Vienna convention is subject of debate, it is essential to gain insight into the immunity conferred on the diplomatic agents under diplomatic law and the legal basis of this immunity under the Vienna convention (1961). ![]()
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