美国外交豁免与特权制度形成与发展的历史

IF 0.2 Q4 LAW
A. A. Nagieva, A. E. Samadova
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引用次数: 0

摘要

研究的主题。在整个外交法发展的历史时期,形成了一种豁免权和特权制度,其内容和范围取决于国家间外交关系的水平和公共行政的发展。国内法规则对行使外交豁免和特权的程序也有重大影响。许多国家都通过了法律法规来规范外交机构的设立。例如,美国在加入1961年《维也纳外交关系公约》后,根据该公约的规则通过了1978年的《外交关系法》。本文考察了外交豁免权的历史和发展、美国外交服务的形成以及美国现行国内法的内容。这项研究的目的是查明在执行外交豁免的实践中存在的问题,并证实有必要在美国制定外交豁免立法和外交服务的假设。研究方法。研究方法包括一般科学方法(分析、综合、描述、系统化)和特殊科学方法(正式法和比较法)。除此之外,历史方法也适用。主要结果。根据研究结果,揭示了美国外交部门的国家法律规定与国际法规则之间存在重大差异,导致美国当局大规模侵犯外交豁免和特权。外交豁免是外交关系机构在东道国领土上有效运作的保证,但在实践中,经常出现东道国当局违反外交豁免和外交豁免载体滥用外交豁免和特权的情况。给予特殊的法律地位、人身不可侵犯性和其他特权和豁免,绝不等于外交关系机构雇员在犯下非法行为时绝对不受惩罚。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The history of the formation and development of the institution of diplomatic immunities and privileges in the United States
The subject of study. Throughout the historical period of the development of diplomatic law, an institution of immunities and privileges was formed, the content and scope of which were determined by the level of diplomatic relations between states and the development of public administration.The rules of national law also have a significant impact on the procedure for exercising dip- lomatic immunities and privileges. Many states have adopted legal acts regulating the foun- dations of the diplomatic service. For example, in the United States, after joining the Vienna Convention on Diplomatic Relations of 1961, the Law on Diplomatic Relations of 1978 was adopted, based on the rules of this Convention.The article examines the history and development of diplomatic immunities and privileges, the formation of the US diplomatic service and the content of current national laws in the US. The purpose of the study is the identification of problems in the practice of implementing diplomatic immunities and substantiate the hypothesis that it is necessary to develop the legislation on diplomatic immunities and the diplomatic service in the United States.The methodology of the study. The methodology of the study includes general scientific methods (analysis, synthesis, description, systematization) and special scientific methods (formal legal and comparative legal methods). In addition to this, historical method was also applicable.The main results. Based on the results of the study, were disclosed significant discrepancies between the national legal regulation of the US diplomatic service and the rules of interna- tional law, which leads to massive violations of diplomatic immunities and privileges by the US authorities.Conclusions. Diplomatic immunity is a guarantor of the effective operation of foreign rela- tions bodies on the territory of the host state, however, in practice, there are often cases of their violation by the authorities of the host state and cases of abuse of diplomatic im- munities and privileges by their carriers. The granting of a special legal status, personal in- violability and other privileges and immunities is in no way equated to absolute impunity for employees of foreign relations bodies in case they commit illegal acts.
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66.70%
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