Diplomatic immunity : a functioning concept in the society of today?
(2013) MRSK30 20122Human Rights Studies
- Abstract
- The purpose is to analyze the concept of diplomatic personal immunity from four perspectives: structure: what does the concept personal immunity entail?; implementation: what problems exist with the concept in action?; conceptual comparison - equality before the law: What problems with the concept can be found when viewed upon from an ‘equality before the law’ perspective?; conceptual comparison - duty of States: What problems can be found when analyzing the concept from Pogge’s theory on how human rights should be understood and the theory that the State has a duty to respect, protect and fulfill human rights? The main question was created from these four areas:
“What problems with the concept of diplomatic immunity regarding personal... (More) - The purpose is to analyze the concept of diplomatic personal immunity from four perspectives: structure: what does the concept personal immunity entail?; implementation: what problems exist with the concept in action?; conceptual comparison - equality before the law: What problems with the concept can be found when viewed upon from an ‘equality before the law’ perspective?; conceptual comparison - duty of States: What problems can be found when analyzing the concept from Pogge’s theory on how human rights should be understood and the theory that the State has a duty to respect, protect and fulfill human rights? The main question was created from these four areas:
“What problems with the concept of diplomatic immunity regarding personal immunity can be revealed by analyzing the structure, by making an analysis of the Vienna Convention on Diplomatic Relations; implementation, by analyzing an ICJ case concerning diplomatic immunity; conceptual comparison: equality before the law, through comparative method analyze the concept diplomatic immunity from an ‘equality before the law’ perspective: conceptual comparison: Duty of State by analyzing the concept with the theory ‘duty of State’?
The answer consists of four conclusions: The non-existing definition of members of family; the confusion of the distinction between ratione personae and ratione materiae; the concept of diplomatic immunity creates an unjust legal system due to the lack of equality before the law; the concept of diplomatic immunity can be considered as a human right violation because it is unjust and the governments are maintaining this unjust legal system. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/3358586
- author
- Muñoz, Emelie LU
- supervisor
-
- Anna Bruce LU
- organization
- course
- MRSK30 20122
- year
- 2013
- type
- M2 - Bachelor Degree
- subject
- keywords
- Vienna Convention on Diplomatic immunity, international law, diplomatic immunity, human rights, customary law, mänskliga rättigheter
- language
- English
- id
- 3358586
- date added to LUP
- 2013-02-26 11:30:12
- date last changed
- 2014-09-04 08:27:39
@misc{3358586,
abstract = {{The purpose is to analyze the concept of diplomatic personal immunity from four perspectives: structure: what does the concept personal immunity entail?; implementation: what problems exist with the concept in action?; conceptual comparison - equality before the law: What problems with the concept can be found when viewed upon from an ‘equality before the law’ perspective?; conceptual comparison - duty of States: What problems can be found when analyzing the concept from Pogge’s theory on how human rights should be understood and the theory that the State has a duty to respect, protect and fulfill human rights? The main question was created from these four areas:
“What problems with the concept of diplomatic immunity regarding personal immunity can be revealed by analyzing the structure, by making an analysis of the Vienna Convention on Diplomatic Relations; implementation, by analyzing an ICJ case concerning diplomatic immunity; conceptual comparison: equality before the law, through comparative method analyze the concept diplomatic immunity from an ‘equality before the law’ perspective: conceptual comparison: Duty of State by analyzing the concept with the theory ‘duty of State’?
The answer consists of four conclusions: The non-existing definition of members of family; the confusion of the distinction between ratione personae and ratione materiae; the concept of diplomatic immunity creates an unjust legal system due to the lack of equality before the law; the concept of diplomatic immunity can be considered as a human right violation because it is unjust and the governments are maintaining this unjust legal system.}},
author = {{Muñoz, Emelie}},
language = {{eng}},
note = {{Student Paper}},
title = {{Diplomatic immunity : a functioning concept in the society of today?}},
year = {{2013}},
}