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Diplomatic immunity : a functioning concept in the society of today?

Muñoz, Emelie LU (2013) MRSK30 20122
Human 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:
author
Muñoz, Emelie LU
supervisor
organization
course
MRSK30 20122
year
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},
  keyword      = {Vienna Convention on Diplomatic immunity,international law,diplomatic immunity,human rights,customary law,mänskliga rättigheter},
  language     = {eng},
  note         = {Student Paper},
  title        = {Diplomatic immunity : a functioning concept in the society of today?},
  year         = {2013},
}