Материал: Гольцева О.Ю. Международное право в официальных документах. Под ред. И.А. Горшеневой
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Other categories of government officials that may travel frequently to other countries may not have diplomatic passports or diplomatic immunity, such as members of the military, high-ranking government officials, ministers, and others. Many countries provide non-diplomatic official passports to such personnel, and there may be different classes of such travel documents such as official passports, service passports, and others. De facto recognition of some form of immunity may be conveyed by states accepting officials traveling on such documents, or there may exist bilateral agreements to govern such cases (as in, for example, the case of military personnel conducting or observing exercises on the territory of the receiving country).
Formally, diplomatic immunity may be limited to officials accredited to a host country, or traveling to or from their host country. In practice, many countries may effectively recognize diplomatic immunity for those traveling on diplomatic passports, with admittance to the country constituting acceptance of the diplomatic status.
Exercise 27. Do you know the term persona non grata? Under what circumstances is the diplomat no longer welcome? Read the text below to find the answers to these questions.
Abuse
In reality, most diplomats are representatives of nations with a tradition of professional civil service, and are expected to obey regulations governing their behaviour and they suffer strict internal consequences (disciplinary action) if they flout local laws. In many nations a professional diplomat's career may be compromised if he or she (or even members of his or her family) disobeys the local authorities or causes serious embarrassment, and such cases are, at any rate, a violation of the spirit of the Vienna Conventions.
The Vienna Convention is explicit that "without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the
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laws and regulations of the receiving State." Nevertheless, in some occasions, diplomatic immunity leads to some unfortunate results; protected diplomats have violated laws (including those which would be violations at home as well) of the host country and that country has been essentially limited to informing the diplomat's nation that the diplomat is no longer welcome (persona non grata). Diplomatic agents are not, however, exempt from the jurisdiction of their home state, and hence prosecution may be undertaken by the sending state; for minor violations of the law, the sending state may impose administrative procedures specific to the foreign service or diplomatic mission.
Violation of the law by diplomats has included espionage, smuggling, child custody law violations, and even murder.
Espionage
Minor espionage activity, or gathering information of host countries is conducted in almost every embassy. A typical position for an intelligence officer is as second press attaché, visa attaché or other position with no clear responsibilities. In the United States, it is a policy of the Foreign Service not to confirm or deny the existence of intelligence personnel in U.S. embassies.
Vehicular
A particular problem is the immunity of diplomatic vehicles to ordinary traffic regulations such as prohibitions on double parking. Occasionally, such problems may take a most serious turn, when disregard for traffic rules leads to bodily harm or death. This also includes parking violations
Exercise 28. Study these cases. Why do you think some of the diplomats were declared "persona non grata"? Give the similar examples you remember.
1. In 2009, a Canadian junior envoy was arrested after it was reported that he spat at a traffic policeman on duty in the middle of a traffic jam in the Banana district on the outskirts of Dar es Salaam-Tanzania and later to a journalist. Canada's High Commissioner Robert Orr was summoned
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by the Tanzanian foreign ministry over the incident and decided to recall him from Tanzania.
2.In London in 1984, policewoman Yvonne Fletcher was killed on the street by a person shooting from inside the Libyan embassy. The incident caused a breakdown in diplomatic relations until Libya admitted "general responsibility" in 1999.
3.Kurt Waldheim, former Secretary-General of the United Nations and President of Austria, and his wife were given persona non grata status in the U.S. and other countries when he was accused of having known about Nazi war crimes and not having done anything about them
4.On January 8, 2010, the Egyptian Foreign Ministry declared Respect MP George Galloway "persona non grata" after he attempted to take 200 aid trucks into the Gaza Strip, along with international activists. He was subsequently deported from Egypt back to the UK
5.In New York City, the home of the United Nations Headquarters (and hence thousands of diplomats), the City regularly protests to the Department of State about nonpayment of parking tickets because of diplomatic status.
OVER TO YOU
Read the following quotation. Do you agree with the idea presented in it? What qualities should a good diplomat and politician possess in your opinion? Express your point of view in a short essay.
“Be polite; write diplomatically; even in a declaration of war one observes the rules of politeness”.
Otto von Bismarck (1815 – 1898), a Prussian/German statesman and a dominant figure in world affairs.
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Part III. THE WORLD WE LIVE IN
LESSON 11
GLOBAL CHALLENGES
Starting up
Comment on the following quotation. Do you agree with the ideas expressed?
"No matter how complex global challenges may seem, we must remember that it is we ourselves who have given rise to them. It is therefore impossible that they are beyond our power as human beings to resolve. Returning to our humanity, reforming and opening up the inner capacities of our lives, can enable reform and empowerment on a global scale".
Daisaku Ikeda (1928), a Buddhist philosopher
Discuss the following questions.
1.Do you agree that we live in the global world? Why?
2.What are the signs of globalization?
3.What are the factors facilitating globalization?
4.What are the advantages and disadvantages of living in a global world?
5.What problems does globalization bring with it?
6.Does “globalization” mean “progress”?
7.What are the modern world challenges?
Exercise 1. Study the information below.
Professor N. J. Wheeler says that the world feels passionately about a large number of global challenges. In the graph below there are the results of an international poll conducted by him. Right at the top is extreme poverty, but eight other problems were rated "very serious" by more than half the people (average of 23 countries (%)). Study the graph and comment on it.
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What challenges, in your opinion, were not included? Exercise 2. Read the following text.
Globalization and jurisdiction issues of the international criminal court in combating crime
Today international cooperation of states and international organizations in combating international crimes becomes one of the most significant lines in international relations. The pre- sent-day state of relations between the countries of the world and international organizations is described by problems caused by mounting globalization processes. The problems that globalization brings may be divided into three groups:
1)international terrorism, transboundary organized crimes;
2)poverty, hunger, illiteracy;
3)ecological danger, man-caused catastrophes.
International crimes and crimes of international nature, and namely international terrorism, make one of the most serious dangers for the mankind today. A humanitarian action become more and more often the means for combating international terrorism, i.e. military intervention that is carried out in the territory of an individual state without consent of its top administration.
Globalization promotes such significant trends of the development of international law as expansion of the sphere of actions and intensification of regulation. The law embraces