Thirdgenerationrighttodevelopment

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Unformatted text preview: Archives or documents shall be inviolable 4. Diplomatic agents are immune from criminal, civil or administrative liability. 5. Receiving State shall protect official communication and official correspondence of diplomatic mission. 6. Receiving State shall ensure all members of diplomatic mission freedom of movement and travel. 7. A diplomatic agent is exempted to give evidence as a witness. 8. Exemption from general duties and taxes including custom duties with certain exceptions. 9. Use of flag and emblem of sending State on premises of receiving State. Q: What are the exceptions to the privileges and POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. PUBLIC INTERNATIONAL LAW immunities of diplomatic representatives? A: 1. Any real action relating to private immovables situated in the territory receiving State unless the envoy holds the property in behalf of the sending State 2. Actions relating to succession where diplomatic agent is involved as executor, administrator, heirs or legatee as a private person and not on behalf of the sending State 3. An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions Q: Who may waive diplomatic immunity and privileges? A: The waiver may be made expressly by the sending State. It may also be done impliedly, as when the person entitled to the immunity from jurisdiction commences litigation in the local courts and thereby opens himself to any counterclaim directly connected with the principal claim. Note: Waiver of immunity from jurisdiction with regard to civil and administrative proceedings shall not be held to mean implied waiver of the immunity with respect to the execution of judgment, for which a separate waiver shall be necessary. Q: Is diplomatic immunity a political question? A: Diplomatic immunity is essentially a political question and the courts should refuse to look beyond the determin...
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This document was uploaded on 03/12/2014.

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