This includes most of Europe, Asia, Latin America, and parts of Africa. Most states of the world use a civil law legal system, based upon a civil code. Treaties and conventions in civil law states Particularly, common omissions are the right to fly the flag of the SS, freedom of movement by diplomats within the state, as well as restricting the immunities set out in the conventions. People rarely pay attention to the implementing law, and thus do not notice that many rights under the conventions may have been omitted. If a state does pass implementing legislation, that law will often omit certain protections contained in the VCDR. When that is done, the diplomat is entitled to such protections as provided under the law that implemented the treaty, not under the convention directly. Thus, a diplomat who is arrested in Canada has no protection directly from the VCDR in the courts of Canada.Ĭommon law states will often pass laws to implement the VCDR into the domestic law of the state. In countries that use the common law system (UK, USA, Canada, Australia, New Zealand), the VCDR has no legal effect within the country. However, the law in most states is that such treaties have no legal effect within the state. Conventions bind states internationallyĬonventions or treaties are agreements signed between the states and bind the states who are parties. While these conventions are an excellent starting point, they do not tell the whole story. It is generally understood that the source of the law on diplomatic immunity (DI) is the Vienna Convention on Diplomatic Immunity (VCDR), and the immunities of consular officers is the Vienna Convention on Consular Immunity (VCCR). African Digital Diplomacy and Governance.
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