Wednesday, 22 December 2021

Short Q and A on Public International Law: Part 12

Vande Matram!

These are some one-liner notes on Public International Law. Read them carefully and note them for your knowledge.

Short Q and A on Public International Law: Part 12

·         Which right is given to diplomatic envoy in religious sense?

o   Diplomatic envoys are having right to worship according to their own consciousness is his embassy. But they are not having right to preach their religion in the keeping country.

·         Which provision gives immunity to a diplomatic envoy from local and military obligation?

o   Article 35 of Vienna convention 1961

·         Is diplomatic envoy free to communicate with his home-state?

o   Yes Article 27 of Vienna convention on the diplomatic relations, 1961 provides that diplomatic envoy is free to communicate with his home-state 27 of Vienna convention on the diplomatic relations, 1961.

·         Is diplomatic envoy free to travel in territory of receiving state?

o   Yes, Article 26 of the Vienna convention on Diplomatic relations,1961 provides that diplomatic envoy is free to travel in territory of receiving state. But he cannot go to the prohibited places or the places which are important from the point of view of the security of the receiving state.

·         Which provision gives immunity to a diplomatic agent from social security provisions which are in force in receiving state?

o   Article 33 of the Vienna convention on Diplomatic relations,1961

·         Which provision gives immunity to a diplomatic agent from inspection of his personal baggage?

o   Article 36(2) of the Vienna convention on Diplomatic relations,1961

·         Which code is applied for innocent passage?

o   Innocent passage is codified in the United Nations Convention on the Law of the Sea (UNCLOS III) and adopted in 1982. It is also known as the Law of the Sea Treaty.

·         What are the aspects of UNCLOS III?

o   It is also known as Law of the Sea Treaty.

o   Its purpose is to establish a comprehensive set of rules governing the oceans.

o   It replaces previous U.N. Conventions on the Law of the Sea, 1958 (UNCLOS I) which was adopted in 1958 and another in 1960 (UNCLOS II) as they were inadequate.

·         What is meant by innocent passage?

o   The term Innocent Passage is defined under international law referring to a ship or aircraft’s right to enter and pass through another’s territory so long as it is not prejudicial to the peace, good order or security of the other state.

·         What is meaning of ‘passage’?

o   As per Article 18 of UNCLOS III, Passage means navigation through the territorial sea for the purpose of:

§  (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or

§  (b) proceeding to or from internal waters or a call at such roadstead or port facility.

o   Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

·         What is position of innocent passage in International Law?

o   Innocent passage is as old as the law of the sea itself

o   It is a normal consequence of freedom of navigation

o   As a general principle, the right of innocent passage requires no supporting argument or citation of authority; it is firmly established in international law – Jessup.

·         How innocent passage must be interpreted and implemented by a costal State?

o   A Costal State must interpret and implement innocent passage in the light of its national law which is subject to laws regarding

§  safety of navigation,

§  laying of submarine cables,

§  resources and fishing,

§  environmental protection, prevention of pollution

§  scientific research,

§  prevention of infringement of customs, fiscal, immigration, or sanitary laws

§  implement sea lanes and traffic separation schemes or

§  suspend temporarily the right of innocent passage in specified areas of its territorial sea



 

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