ak s PUBLIC INTERNAT IONAL ASYLUM Write note on Asylum (2001) a | SYNOPSIS | INTRODUCTION MEANING LITERAL MEANING DEFINITION BASIS OF ASYLUM ELEMENTS OF ASYLUM REASONS FOR ASYLUM Corfu Channel Case 1949 RIGHT OF A PERSON TO CLAIM ASYLUM TYPES OF ASYLUM TERRITORIAL ASYLUM LA = L 0) Reason for grating Territorial Asylum (ii) Resolution of the General Assembly 0? Asylum 1969 EXTRA TERRITORIAL OR DIPLOMATIC ASYLUM M’cnair Views$$$ —$_—____ ASYLUM 7 (a) Classifieation of Extra ‘Territorial or Diplomatic Asylum Asylum in Legation or Foreign Embassies coptional Cases Asylum in Consulates Asylum in Warships Challies vs Fenwick Case _ Asylum in Merchant Vessels Asylum in the Premises of International Institutions ICTION AND ASYLUM:132 PUBLIC INTERNATIONA Law 1, INTRODUCTION Asylum is the protection whi ale gives on its territory or in some other place under the Control of certain ho comes to seek it Itis the of of every state to ‘re circumstances, 2. MEANI The word Asylum is Latin and derived from the reek word * lable place. Gr lia” which means invoi > LITERAL MEANING It means sanctuary or place of. retige and safety, especially for criminals, ee OFCriming 3. DEFINITION Asylum is shelter and active protection extended to a political refugee from another state _by a state which admits him on his request. ——— ES Frequees 4. BASIS OF ASYLUM A state has a right to grant asylum to a person on the principle that it has a sovereign right to control over the individual found on its territory The right of territorial sylum_has been conferred to a staie on the bi Sovereignty over territory. ——— itor 5. ELEMENTS oF ASYLUM ; There are two main element of Asylum which are following:13 ASYLUM ta) Shelter od hy Active protection On the pg Fo aie authorities jn control of tema. . asylum, aa 4 REASONS FOR ASYLUM Following can be the main Feasons for granting asylum. Ma) Vo save a person from the jurisdiction of the local authority, 4B) May be granted on extra legal ground so on humanitarian ground. en anan ground: | uO For the sake of national security. > Corfu Channel Case 1949 It was held by ICJ that Asylum may be granted on {humanitarian ground in order to protect political offenders ainsi the violent action, 1. RIGHT OF A PERSON TO CLAIM ASYLUM | In accordance with the “Universal Declaration of uiman Rights under article 14 “every one has a right to and enjoy in other countries asylum from prosecution TYPES OF ASYLUM Asylum has two types: 0) Territorial Asylum. (ii) Extra territorial or diplomatic asylum. TERRITORIAL ASYLUM aime: When asylum is granted by a_state_in its 0 ~ has right 10 itis cal i lum, A state has right’ig PUBLIC INTI RNATIONAL Law admit or expel any person found on 1s SEDI The grant of territorial asylum is discretionary in its nature. (i) Reason for grating Territorial Asylum The right to grant asylum by a state to a person on t that every state CXErcise its territory Hows from the f territorial sovereign over all person, on its territory (ii) Resolution of the General Assembly on Asylum 1969 According to the resolution of the _ General Assembly on Asylum 1967. the states shall do the following in granting Asylum. tw) Where a person requ for Asylum. his request should not be rejected. Mii) If state feels difficulty in granting asylum, then it must take appropriate measures. ‘ify If asylum is granted, it should be respected by other states, ul EXTRA TERRITORIAL OR DIPLOMATIC ASYLUM When asylum is granted by a state at_places outside its own territory it is called extra territorial or diplomatic Asylum, > = M’enair Views . The term extra territorial or diplomatic asylum is usually described to those cases in which a state decline surrender a person demanded who is not upon its ow? physical territory but is upon one of its public ships lying it ign territorial we upon its diplomatic premises _ with in foreign territory.Extra territorial or diplomatic Asyt yssilied in to the following. Sylum can be Asylum in Legation or Foreign Embagsi yurt of justice held that there is no general right of lomatic asylum. Exceptional Cases Diplomatic Asylum can be granted in the following cases: ‘i It can be granted for temporary period. i) = can be granted where there _is_ well established custom. It can be granted where there is treaty. iii) Asylum in Consulates y of asy’ Asylum in Warships Men of war and public vessels of foreign sate in ports or internal waters of another state a d from the jurisdiction of latter for the i - ‘and fugitive once on board is perhaps ima the territorial state.| 136 PUBLIC INTERNATIONAL LAW > Challies vs Fenwick Case y_be (iy) ylum in Merchant Vess Merchant ve: els are not exe Jurisdiction and therefore asylum offender however asylum can be ¢ treaty to this effect. ted if they conclude a (v) Asylum in the Premises of International Institutions International Law does not recognize rule regarding the grant of asylum in the premises of the international institutions. However temporary asylum may be granted in an extreme case of danger. soe eee OL CANES aS EXTRADICTION AND ASYLUM: Extradiction and Asylum are closely connected and extradiction starts where Asylum ends. 10. CONCLUSION To conclude it can be said that, Asylum is shelter and active protection extended to a Political refugee from another state by a state which admits him on his request. It has two main form territorial and extra territorial asylum. The main difference between two is in territorial asylum the refugee is within the territory of the state of refuge and in case of extra territorial the refugee is within the territory of the state where the offence was committed, Benne138 PUBLIC INTI RNATIONAL Lay ~ (iii) € harged Affairs BASIS OF IMMUNITIES AND PRIVILEGES i) Theory of Extra Territoriality (ii) Functional Theory IMMUNITIES AND PRIVILEGES — op DIPLOMATIC AGENT (i) Inviolability of Persons (ii) Immunity Regarding Residence (iii) Immunity from Criminal Jurisdiction of Courts a (iv) Immunity from Civil Jurisdiction (v) Immunity from being presented as witnesses (vi) Immunity from Taxes and Dues (vi) Immunity from Inspection of Personal Baggage Control over subordinate and Family Right to Worship Right to Travel | Freedom of Communication Immunity from Police Rules Immunity from Social Security Prov! isions Immunity from Custom Duty Immunity from Local and Milita”139 FOREIGN DIPLOMAS Obligation MAIN FUNCTIONS A — r ND DUTIES OF DIPLOMATIC AGENTS S OF THE i) Representation (ii) Protection (iii) Observation (iv) | Negotiation (vy) Communication (vi) | Promotion CASES WHEN STATE CAN REFUSE TO RECEIVE A DIPLOMATE PERSONA-NON-GRATA (i) State which is Entitled to Declare Persona Non Grata (ii) When State can Declare » (iii) Grounds for Declaring Persona-Non- Grata CONCLUSION140 PUBLIC INTERNATIONA] LAW a. INTRODUCTION (diplomatic agents are those their respective state in anothe lishing office) ablishment the rules of of embassy having _an__est International Law governing diplomatic relation are mostly ——————e ————Ernare Mostly contained in the legislative provisions and judicial decisions of national law.(The law has now been codified in Vienna convention on diplomatic relation 1964.) piece pee 2. DEFINITION OF DIPLOMATIC AGENT Coipiomatic agents are imbassadgy residing in country as representative of the state by whom they are dispatched.) as y MEANING OF IMMUNITY (immunity means exemption, a+ from sehreetrtt i a $$$ duties which the law generally requires other citizens to perform.) 4. < CLASSIFICATION OF DIPLOMATIC AGENT According to Vienna convention 1961 following a classification of diplomatic agent. @Amibastadar and Legates ce ( Ambassador are the diplomats agent of frst dee! pre: They are consider to be the personal representatives of tM heads of their states and therefore they have special status: )iy Coin ae FOREIGN DiPLomaTs ay Ml cr Plenipotentiary inte SN aaa Envoys Extra-ordinary cios) and They are diplomatic agent of second gre not the personal representative: heads of their states) They have no a head of state personally cellency” by courtesy only! and immunities. a (ii) Charged Affairs degree, They S of the Sovereigns or audience and are addressed as hey enj ess privileges 4S of right with (Citey are diplomatic agent of the last degree. Their appointment is made by the foreign minister and not by the head of the state. paso) the stat 5. BASIS OF IMMUNITIES AND PRIVILEGES There are two theories which are relevant in this regard. (i) “Theory of Extra Territoriality ( According to this theory. diplomatic agent enjoy immunities and privileges beeause they are deemed to be Outs e jurisdiction of the state in which they are (i) — Functional Theory (According to functional theory diplomatic yen enjoy TPE per ft yi iti rivileges because they perlor! rete sttnein, formed by them 1” Secial kinds of function which are Slates where they are appointed. )142 PUBLIC INTERNATIONAL Law As. IMMUNITIES AND — PRIVILEGES — og DIPLOMATIC AGENT According to Vienna convention 1961. following ave immunities and privileges of the diplomatic agents. wi) Inviolability of Persons Diplomatic agents are inviolable. They shall not be stor detention. liable to any form o v= (ii) Immunity Regarding Residence ae Another immunity regarding diplomatic agent is regarding their residence{A permanent diplomatic mission to operate and the receiving needs premises from _whict state must help the sending state obtaining prem mission, s for the ¥ Immunity from Criminal Jurisdiction of Courts Diplomatic agents enjoy immunities from criminal jurisdiction of courts. However itis presumed thadethey will not violate the general principles of law of the state. M (iv) Immunity from Civil Jurisdiction Diplomatic agents enjoy immunities _ from the jurisdiction of civil courts. ~~ (vy) Immunity from being presented as witnesses Diplomatic agent can’t be compelled to come to the court of law and give evidence in a case. F . SY (vi) Immunity from Taxes and Dues Under International Law the diplomatic agent are143 FOREIGN DIPLOMATS li immune from the payment of une [ro cs) or real, national, sional i and | munic ueipi ul | except 7” reg! et) Indirect taxes. of) Dues and taxes we) Listate, succession or inheritance dues (vid Immunity from Inspection of Personal Baggage The _dipl alic ag, have immunity from inspection of their personal baggage. 7 (vii) Control over subordinate and Family cise control and Diplomatic agents have right to exer jurisdiction their officers and family. (viii)Right to Worship Diplomatic agents are free to follow any religion (ix) Right to Travel nts can travel in the territory of the c Diplomatic agents ean travel in the terriory Ot iving state. ) Freedom of Communication = —Fhe— diplomatic agents with their homeland in connection with their have freedom ___ to communicate functions and duties. cS) Immunity from Police Rules e diplomatic agents have _immunit lice ate in which they are itunes their les of the siI44 PUBLIC INTERNATIONAL Law (xii) Immunity from Social Security Provisions q The diplome itic agent are also immune from Social security provisions in the state where they are appointed ~~ (iii) Immunity from Custom Duty The diplomatic _agents_are_immune from custom duty in the receiving stai eS (xiv) Immunity from Local and Military Obligation The diplomatic agents are immune from the local and military obligations of the receiving state. Ws. MAIN FUNCTIONS AND DUTIES OF THE DIPLOMATIC AGENTS J Following are the main functions and duties of diplomatic agents. (i) Representation They represent the state by which they are seni where they are accredited. ~ (ii) UV Protection Diplomatic agent protect the status of sending sta stateeq “as well as its national and property. in the receiving state. (ity~ Observation The diplomatic agents observe the happening and all those matters which are important for sending state. (iv) UNegotiation The diplomatic agents perform negotiation functions on behalf of the sending state.145 FOREIGN DIPLOMATS w) Communication The diplomatic agents communicate the outcome of he negotiation to the sending state. According to oppenheim diplomatic agent is the mouth piece of the head of his home state. * (vi) Promotion The diplomatic agent promote friendly relationship between the sending state and receiving state. e: (CASEs WHEN STATE CAN REFUSE TO RECEIVE A DIPLOMATE) A state ean refuse to receive a diplomate on the following cases. (i) Where there is no particular mission. ficasts the personality is non acceptable. i.e persona- Non-Grata. ——— 9, -, PERSONA-NON-GRATA ( Persona Non-Grata is position of diplomatic agent when he loses status of diplomatic a vent) (i) \ State which is Entitled to Declare Persona Non Grata The eivins is entitled to declare a diplomatic agent__as Persona Non_Grata (undesirable Person). (ii) \—-When State can Declare The receiving state can declare: