Diplomatic Immunity from Civil Jurisdiction of the Receiving State and its Implementation
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Abstract
The article deals with the questions concerning the immunity from civil jurisdiction of the receiving state that under international and national law is accorded to foreign diplomatic missions as a part of the sending state, as well as to certain categories of personnel of diplomatic missions and members of their families in the Republic of Lithuania. The main focus in the article is the analysis of exceptions to this immunity based on the restrictive doctrine of immunity of the state (distinction between acta jure imperii and acta jure gestionis), as well as on article 31 of the 1961 Vienna Convention on Diplomatic Relations. The problems regarding implementation and ensuring of this immunity revealed by diplomatic and judicial practice of the Republic of Lithuania and other states are discussed as well.
Finally the recommendations are given on the ways to improve legal framework existing in the Republic of Lithuania on the issue in question with a view to make Lithuanian legislation fully in line with Vienna Convention on Diplomatic Relations and current trends in modern law, as well as to prevent potential uncertainties when the question of jurisdiction of the Republic of Lithuania over foreign diplomatic missions and their employees arises in practice in the field of civil law.
Finally the recommendations are given on the ways to improve legal framework existing in the Republic of Lithuania on the issue in question with a view to make Lithuanian legislation fully in line with Vienna Convention on Diplomatic Relations and current trends in modern law, as well as to prevent potential uncertainties when the question of jurisdiction of the Republic of Lithuania over foreign diplomatic missions and their employees arises in practice in the field of civil law.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
