The Law Of All Land
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The Law Of All Land
The Law of All Lands:
A Study of Diplomatic Immunities and Privileges
I. Introduction – A Brief History of Diplomacy
II. Related Terms in Diplomacy
III. United Nations Legislation
A. Vienna Conventions 1961 and 1963
B. Foreign Sovereign Immunities Act of 1976 and Diplomatic Relations Act of 1978
C. General Assembly Resolution
IV. U.S. Policy on Diplomatic Immunity
V. Abuses of Diplomatic Immunities and Privileges
VI. Conclusion
VII. Appendices
VIII. Bibliography
I. INTRODUCTION – A Brief History of Diplomacy
Sadaam Hussein emerged as “public enemy number one” because of his blatant disregard to international law and relations, in his continued hostage hold of U.S. diplomats. As a result, foreign and national security policies had to be enacted to handle the hostile foreign affair. Diplomacy became one of the chief instruments of foreign and national security employed in the Iranian hostage crisis and other international conflicts preceding and succeeding. The history of diplomacy can be traced to the intense diplomatic intercourse between ancient Egypt and its neighbors long before 1000 BC. Not until the twelfth and thirteenth centuries, however, did diplomacy begin to assume its modern form. Rules were developed by the Italian city-states to govern the appointment and conduct of ambassadors, and in 1455, Milan established the first permanent embassy in Genoa. In the sixteenth century, other European states followed the Italian example and appointed permanent ambassadors. Under the influence of sixteenth and seventeenth century writers, such as Hugo Grotius and Alberico Gentili, the privileges of diplomats were more precisely defined and incorporated in international law. The Congress of Vienna in 1815 and the Vienna Convention on Diplomatic and Consular Relations in 1961 and 1963 defined and redefined, respectively, classes of diplomatic representatives. In the twentieth century, consular and diplomatic services, formerly separate, have been merged in many countries, including the United States (1924). Diplomacy is the activity of preventing and solving conflicts by representatives, namely diplomats, of two or more states (nations) conversing on related controversial issues with expectations toward peaceful agreements. The most significant catalyst or mechanism used within diplomacy exists as immunities and privileges. Diplomatic immunity and privilege entails an exemption or freedom from liability or penalty under criminal and nation...
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