《PROTECION OF OFFICIALS OF FOREIGN STATES ACCORDING TO INTENATIONAL LAW》求取 ⇩

Ⅰ.LEGAL BASIS OF THE PROTECTION OF OFFICIALS OF FOREIGN STATES AND ITS PERSONAL SCOPE1

1.Legal Basis for the Protection of Officials of Foreign States:Their Personal Inviolability3

The Definition of Personal Inviolability of Officials of Foreign States3

(a) Writers who speak of the personal inviolability of officials of foreign States but do not define it3

(b) Writers who define the personal inviolability of officials of foreign States4

(c) Writers who discuss the consequences arising from the personal inviolability of officials of foreign States6

(d) The Vienna Conventions and the Convention on Special Missions and the definition of personal inviolability of officials of foreign States8

(e) The personal inviolability of officials of foreign States - A privilege or an immunity10

2.The Personal Scope of the Special Protection of Officials of Foreign States14

Definition of Officials of Foreign States14

Ⅱ.THE DUTIES OF THE RECEIVING OR HOST STATE TOWARDS OFFICIALS OF FOREIGN STATES21

1.The Duty of Non-Commission by the Organs of the Receiving or Host State of Acts Infringing upon the Personal Inviolability of Officials of Foreign States23

Recognition of the duty of abstention24

The practice of States24

The duty of abstention in the context of the case of United States Diplomatic and Consular Staff in Tehran27

(ⅰ) Statements and declarations by Iranian officials27

(ⅱ) Statements and declarations by officials of other States28

The codification of diplomatic and consular law30

The doctrine of international law32

The essence of the duty of abstention32

2.The Duty of the Receiving or Host State of Preventing the Commission by Private Individuals of Acts Violating the Personal Inviolability of Officials of Foreign States39

Judicial decisions39

The practice of States40

The declarations recognizing special protection of officials of foreign States in connection with the violations of their personal inviolability41

The declarations recognizing special protection of officials of foreign States in connection with the codification of international law43

The codification of diplomatic and consular law44

(ⅰ) Unofficial codification44

(ⅱ) Official codification45

The doctrine of international law48

The definition of special protection49

The implementation of international conventions concerning the special protection of officials of foreign States50

The Vienna Conventions and the Convention on Special Missions50

The O.A.S.Convention and the U.N.Convention on Prevention and Punishment51

The aspects of special protection51

The real aspects of the special protection of officials of foreign States51

Preventive measures as a prerequisite to the real aspect of special protection52

The attitudes of the governments of the receiving States to the demands of kidnappers in return for safe release of their victims53

(1) Negotiations with kidnappers53

(2) Non-negotiation with kidnappers55

Reasons for which the governments of receiving States have refused to negotiate with the kidnappers55

Measures taken by the governments of the receiving States which refused to negotiate with the kidnappers56

3.The Duty of the Receiving or Host State to Punish the Perpetrators of Offenses Committed Against Officials of Foreign States65

The Juridical Aspect of the Special Protection of Officials of Foreign States65

The codification of international law65

The doctrine of international law66

The special protection of officials of foreign States in municipal legislation68

Sanctions for the violation of the personal inviolability of officials of foreign States69

Increased punishment69

Specified penalties70

The objective scope of punishable acts71

The extent of penalties72

Fulfillment of the duty of punishment73

The practice of States73

Punishment demanded by the sending States74

Punishment by the receiving States as fulfillment of their duty of punishment of persons guilty of violating the personal inviolability of officials of foreign States75

Capital punishment76

Life imprisonment77

Deprivation of liberty specified in time78

The Doctrine of International Law78

Implementation of the U.N.Convention on Prevention and Punishment80

4.The Duty of the Receiving or Host State to Cooperate with other States in Preventing the Commission of Offenses Against Officials of Foreign States and in Punishing the Perpetrators of Such Offenses87

The Recognition of the Duty of Cooperation87

Judicial decisions87

The practice of States88

The codification of international law91

The doctrine of international law93

The Duty of Cooperation in the U.N.Convention on Prevention and Punishment94

Ⅲ.THE CHARACTER OF CRIMES COMMITTED AGAINST OFFICIALS OF FOREIGN STATES101

1.Crimes Against Officials of Foreign States Are not Political Offenses103

The Definition of Political Offenses103

A confusion of terminology104

Judicial Decisions105

Bilateral treaties on extradition106

Multilateral treaties on extradition107

Extradition Statutes108

Constitutional provisions on extradition109

The Codification of Extradition Law110

The doctrine of criminal and international Law111

Kidnapping,Murder and Other Assaults Against the Life or Physical Integrity of Officials of Foreign States Are not Political Offenses114

The positions of States114

The preparatory documents of the U.N.Convention on Prevention and Punishment115

The codification of international law116

The U.N.Convention on Prevention and Punishment116

2.The Perpetrators of Crimes Against Officials of Foreign States Are Not Eligible for Asylum121

The Definition of Asylum121

The Right of Asylum122

The Basis for the Granting Asylum123

Persons eligible for asylum123

The decision of the International Court of Justice123

Multilateral treaties124

The codification of international law on asylum125

The Qualification of Grounds Justifying the Granting of Asylum Belongs to the State Granting It126

The decision of the International Court of Justice126

International treaties127

Multilateral treaties127

Bilateral treaties on extradition129

Codification of the law on asylum and extradition129

The Rule of the Qualification of Grounds Justifying the Granting of Asylum Does Not Apply to the Crimes Committed against Officials of Foreign States130

3.The Perpetrators of Crimes Against Officials of Foreign States are Extraditable135

A Definition of Extradition135

The Recognition of Extradition in International Law136

Extradition in the absence of a treaty136

Extradition treaties137

Extradition laws138

Extraditable crimes in extradition treaties and statutes139

Extraditable crimes in the codification of extradition law141

Extradition under the U.N.Convention on Prevention and Punishment142

Extradition of the Perpetrators of Crimes against Officials of Foreign States in the Practice of States144

Ⅳ.THE INTERNATIONAL RESPONSIBILITY OF TOE STATE FOR FAILURE TO FULFILL ITS DUTIES TOWARDS OFFICIALS OF FOREIGN STATES149

1.The Origin of the International Responsibility of States for Failure to Fulfill its Duties Towards Officials of Foreign States151

The Definition of the International Responsibility of the State151

The Internationally Wrongful Act of the State as a Source of its International Responsibility153

International tribunals153

The practice of States154

The codification of international law on State responsibility154

(ⅰ) Unofficial codification154

(ⅱ) Official codification155

The doctrine of international law155

Every State is responsible for its internationally wrongful act157

The notion of the internationally wrongful act157

Attribution as a substantial part of the subjective element158

The Violation of the Personal Inviolability of Officials of Foreign States Is a Breach of the International Obligations of the State Constituting an Objective Element of an Internationally Wrongful Act159

The existence of a breach of an international obligation159

Irrelevance of the origin of the breached international obligation160

International tribunals160

The practice of States160

The codification of international law on State responsibility161

(ⅰ) Unofficial codification161

(ⅱ) Official codification162

The doctrine of international law162

The International Obligation Must Be in Force to Be Breached163

The Kinds of Breaches of the International Obligations to Protect Specially Officials of Foreign States164

The Breach of International Obligations Requiring the Adoption of a Particular Course of Conduct164

The Breach of International Obligations Requiring the Achievement of a Specified Result166

2.The International Responsibility of the State for the Conduct of its Organs Violating the Personal Inviolability of Officials of Foreign States172

A.The Conduct of the State Organs as an Activity of the State172

The recognition of State responsibility for the conduct of its organs173

International judicial decisions173

The practice of States174

The codification of international law on State responsibility174

(ⅰ) Unofficial codification175

(ⅱ) Official codification175

The doctrine of international law176

Situations in which the conduct of State organs is attributed to it177

B.Unauthorized Acts of State Organs178

The non-responsibility of State for ultra vires acts178

The practice of States179

The codification of international law on State responsibility180

Arbitral decisions180

The responsibility of States for ultra vires acts181

The responsibility of States for acts committed within the apparent authority of their organs181

Arbitral decisions181

The practice of States182

The codification of international law on the responsibility of States183

(ⅰ) Unofficial codification183

(ⅱ) Official codification183

The responsibility of States for acts committed outside the apparent scope of authority of their organs184

Arbitral decisions184

The practice of States185

The codification of international law on the responsibility of States185

The doctrine of international law186

3.The International Responsibility of the State for the Conduct of Private Individuals193

International Arbitral Decisions193

The Practice of States194

The Codification of International Law on State Responsibility194

(ⅰ) Unofficial codification194

(ⅱ) Official codification194

The Doctrine of International Law195

The Theories of State Responsibility for the Conduct of Private Individuals196

1.The Theory of Culpa196

International tribunals197

The practice of States198

The codification of international law on State responsibility199

The doctrine of international law200

2.The Theory of Risk201

International tribunals201

The practice of States202

The codification of international law on State responsibility202

The doctrine of international law203

3.The Theory of Neglected Duties203

International tribunals204

The practice of States204

The codification of international law on State responsibility205

(ⅰ) Unofficial codification206

(ⅱ) Official codification206

The doctrine of international law207

4.The Duty to Make Reparation for an Internationally Wrongful Act Done to Other States in the Persons of Their Officials212

The Recognition of the Duty to Make Reparation212

International tribunals212

The practice of States213

The codification of international law on State responsibility214

(ⅰ) Unofficial codification214

(ⅱ) Official codification215

The doctrine of international law215

The features of reparation216

Types of reparation217

Essential Characteristics of Satisfaction219

Measures of satisfaction219

Apologies220

Expression of regret220

The manner of the presentation of regrets221

(ⅰ) Oral expression of regret221

(ⅱ) Written expression of regret222

Salute of the flag223

Disapproval224

The expiatory mission225

Official publication226

The punishment of guilty persons227

The violators of the personal inviolability of officials of foreign States are known227

(a) Satisfaction in the form of punishment of guilty persons given on the initiative of the responsible State itself227

(b) Satisfaction in the form of punishment of guilty persons demanded by the injured State228

Cases in which the violators of the personal inviolability of officials of foreign States are not known229

Demands of guarantees for the future230

Reparation stricto sensu231

The exhaustion of local remedies rule does not apply232

Reparation stricto sensu and pecuniary satisfaction in the practice of States233

Ⅴ.THE MEANS OF SETTLEMENT OF DISPUTES ARISING FROM THE FAILURE BY A STATE TO FULFILL ITS DUTIES TOWARDS THE OFFICIALS OF FOREIGN STATES241

1.The Prerequisites for the Pacific Settlement of Disputes243

The Definition of a Dispute244

The Ascertainment of a Dispute in the Borchgrave Case246

The Ascertainment of a Dispute in the Case of the United States Diplomatic and Consular Staff in Tehran247

2.The Means of Settlement of Disputes252

Negotiations252

The Practice of States255

The Case of U.S.Diplomatic and Consular Staff in Tehran255

Good Offices257

The Case of U.S.Diplomatic and Consular Staff in Tehran258

Mediation259

The Case of U.S.Diplomatic and Consular Staff in Tehran260

Commission of Inquiry261

The Case of U.S.Diplomatic and Consular Staff in Tehran261

Conciliation262

Conciliation in Conventions on the Protection of Foreign Officials263

Arbitration264

Arbitration in Conventions on the Protection of Foreign Officials265

The Practice of States266

3.The Judicial Settlement of Disputes by an International Tribunal271

The Jurisdiction of the International Court of Justice271

The Basis of the Court's Jurisdiction272

The Court's Jurisdiction under Special Agreement in the Borchgrave Case274

The Jurisdiction of the Court in the Case of U.S.Diplomatic and Consular Staff in Tehran276

The Judgment by Default279

Measures of Interim Protection281

Jurisdiction of the Court282

The nature of interim measures283

Requested measures284

The Claims of the United States286

The violation of the duty of abstention287

The violation of the duty of special protection288

The violation of the duty of punishment290

The violation of the duty of cooperation291

The Enforcement of the Judgments of the International Court of Justice293

Conclusions301

Bibliography313

Appendix345

Index of Authors351

Index of Cases357

Index of Subjects367