Материал: Гольцева О.Ю. Международное право в официальных документах. Под ред. И.А. Горшеневой

186

a)The chief of a diplomatic mission; the ranking official diplomatic representative of his country to the country to which he is accredited, and the personal representative of his own head of state to the head of state of the host country. The term "extraordinary" has no real meaning.

b)They are either junior officers in an embassy or, if more senior, officers who have a professional specialization such as "labor oneé", "commercial one", "cultural oné", etc. On the military side, an embassy will generally have either an army one, naval one, or air one– and often all three. In American embassies, the senior of the three is called the defense one

c)The ranking officer in an embassy, permanent mis-

sion, legation, consulate general or consulate (i.e. an ambassador always, and a minister, consul general, or consul when no more senior officer is assigned to the post). A "chief of mission" can also be the head of a special and temporary diplomatic mission, but the term is usually reserved for the earlier listed examples

d)An important position in British embassies not found in American diplomatic establishments. An officer, usually head of the political section, charged with coordinating the substantive and administrative performance of the embassy. In an American embassy, the ambassador looks to the deputy chief of mission to do this.

e)An official doing consular work for a nation in a locality where it does not maintain a regular consulate. This official is usually a national of his host state, and his work is usually part-time.

f)Formerly, it was the title of a chief of mission, inferior in rank to an ambassador or a minister. Today with the a.i. (ad interim) added, it designates the senior officer taking charge for the interval when a chief of mission is absent from his post. .

187

Exercise 16. Study this chart outlining the immunities afforded to foreign diplomatic personnel residing in the United States.

Diplomatic immunity in the United States

188

189

Exercise 17. Answer and debate these questions.

1.Do these diplomatic rules follow the Vienna Convention, in your opinion?

2.Do these rules apply in other countries as well?

Exercise 18. Read the Reservation by QATAR to the

Vienna Convention on Diplomatic Relations, Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning Acquisition of Nationality and Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning the Compulsory Settlement of Disputes and answer these questions.

1.What right does the Government of the State of Qatar reserve?

2.In what situations may a diplomatic bag be opened?

3.What does not the accession to the Convention by the State of Qatar mean?

Reservation by QATAR

I. On article 27, para. 3:The Government of the State of Qatar reserves its right to open a diplomatic bag in the following two situations:

1. The abuse, observed in flagrante delicto, of the diplomatic bag for unlawful purposes incompatible with the aims of the relevant rule of immunity, by putting therein items other that the diplomatic documents and articles for official use mentioned in para.4 of the said article, in violation of the obligations prescribed by the Government and by international law and custom.

In such a case both the foreign Ministry and the Mission concerned will be notified. The bag will not be opened except with the approval by the Foreign Ministry.

The contraband articles will be seized in the presence of a representative of the Ministry and the Mission.

2. The existence of strong indications or suspicions that the said violations have been perpetrated.

190

In such a case the bag will not be opened except with the approval of the Foreign Ministry and in the presence of a member of the Mission concerned. If permission to open the bag is denied it will be returned to its place of origin.

II. On article 37, para. 2:

The State of Qatar shall not be bound by para. 2 of article 37.

III. Accession to this Convention does not mean in any way recognition of Israel and does not entail entering with it into any transactions regulated by this Convention

* flagrante delicto – (Latin: "in a blazing offence") or sometimes simply in flagrante (Latin: "while blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence. The colloquial "caught red-handed" or "caught rapid" are English equivalents.

OVER TO YOU

Debate this question.

Some countries have made reservations to the Vienna Convention on Diplomatic Relations, but they are minor. Most important are the reservation by most Arab nations concerning non-recognition of Israel. Why do you think these countries included this reservation to the Vienna Convention?

Exercise 19. Define the term "alternat", as seen from the text below. Consult a glossary, if necessary.

International courtesy has established a custom called

"rotation in precedence" which confers on each state the right to occupy, in rotation, the place of honour in signing international acts in which it participates. This means that, when the final documents are drawn up, the first place in the list of the participating powers is given successively to each of the signatory states. Its plenipotentiary moves to the head of the list and signs at the place of honour, that is to say, at the left if the names of the signatories are placed side by side, or at the top if they are disposed vertically. Each state receives the signed original of the convention