MindMap Gallery Public International Law Diplomatic and Consular Relations Law Map
Combined with the video content of the law exam in the MA Engineering textbook class, the key points are clearly marked, and it is suitable for law students to assist in memory and organize the framework before the final exam. Through the pre-exam memory mind map, I have been contacted to win a comprehensive scholarship for the 4th semester. I hope everyone goes well in the exam. ~
Edited at 2024-01-18 17:13:07El cáncer de pulmón es un tumor maligno que se origina en la mucosa bronquial o las glándulas de los pulmones. Es uno de los tumores malignos con mayor morbilidad y mortalidad y mayor amenaza para la salud y la vida humana.
La diabetes es una enfermedad crónica con hiperglucemia como signo principal. Es causada principalmente por una disminución en la secreción de insulina causada por una disfunción de las células de los islotes pancreáticos, o porque el cuerpo es insensible a la acción de la insulina (es decir, resistencia a la insulina), o ambas cosas. la glucosa en la sangre es ineficaz para ser utilizada y almacenada.
El sistema digestivo es uno de los nueve sistemas principales del cuerpo humano y es el principal responsable de la ingesta, digestión, absorción y excreción de los alimentos. Consta de dos partes principales: el tracto digestivo y las glándulas digestivas.
El cáncer de pulmón es un tumor maligno que se origina en la mucosa bronquial o las glándulas de los pulmones. Es uno de los tumores malignos con mayor morbilidad y mortalidad y mayor amenaza para la salud y la vida humana.
La diabetes es una enfermedad crónica con hiperglucemia como signo principal. Es causada principalmente por una disminución en la secreción de insulina causada por una disfunción de las células de los islotes pancreáticos, o porque el cuerpo es insensible a la acción de la insulina (es decir, resistencia a la insulina), o ambas cosas. la glucosa en la sangre es ineficaz para ser utilizada y almacenada.
El sistema digestivo es uno de los nueve sistemas principales del cuerpo humano y es el principal responsable de la ingesta, digestión, absorción y excreción de los alimentos. Consta de dos partes principales: el tracto digestivo y las glándulas digestivas.
Diplomatic and Consular Relations Act
Foreign Relations and Foreign Relations Law
Diplomatic relations
Definition: The external activities of heads of state, heads of government, and diplomatic representatives in handling relations between countries
Establishment: Consent of both parties (including mutual dispatch of permanent envoys)
form
Formal diplomatic relations: exchange of ambassadors, minister-level permanent envoys
Semi-diplomatic relations: sending envoys to each other
Informal diplomatic relations: Government-to-government exchanges between countries that have not been established
people's diplomacy
consular relations
Recipient of negotiation: Central/local agencies of the receiving country
Job Scope: In charge of overall affairs/business, culture and expatriate protection (no political functions)
Working geographical scope: the entire territory/jurisdiction of the receiving country
foreign relations act
Origin: The origin of traditional diplomatic law is international custom
Diplomatic agencies
central agency
leader of a nation
Status: the highest authority (can be individual or collective), enjoys full diplomatic privileges and immunities in other countries
Responsibilities: Send and accept foreign envoys, ratify and abrogate treaties, declare war and peace, and participate in important international conferences
Effectiveness: Decisions and actions in the name of the head of state are directly deemed to represent the country
governments and heads of government
Status: The highest administrative body, enjoying full diplomatic privileges and immunities in other countries
Responsibilities: Diplomatic negotiations, participating in meetings, signing treaties, issuing declarations and communiqués, and issuing credentials
Ministry of Foreign Affairs and Heads of State
Status: Represents the country in diplomatic activities without showing or submitting credentials, full diplomatic privileges and immunities
dispatching agency (diplomatic representative agency)
Permanent: Embassies in foreign countries, delegations to international organizations (ambassadors, ministers, charge d'affaires)
Temporary: political delegation, ceremonial delegation
Diplomatic agencies stationed abroad
embassy
Establishment: The establishment of diplomatic relations and permanent embassy between countries, by agreement (can be unilaterally withdrawn)
Position: Representation, protection (protection of nationals), investigation and reporting (development of receiving country), negotiation, promotion
Head of Mission: Ambassador—Minister—Charge d’Affaires (dispatched by the Minister of Foreign Affairs)
Personnel composition
Head of Mission (diplomat with diplomatic passport)
Embassy staff
Diplomatic staff (diplomats with diplomatic passports) may serve as charge d'affaires
counselor
First, second and third class secretaries
sea, land and air attaché
Attachment etc.
Administrative and technical personnel
office clerk
Dispatch and acceptance of personnel
Head of Mission and Military Attache: The receiving country must be consulted in advance on the selection of the head of mission (the receiving country may refuse to appoint); for the latter, the receiving country may request that its advice be sought in advance
Appointment of other embassy staff: The appointment of persons with the nationality of the receiving country or third-country nationals must obtain the consent of the receiving country
Persons who are not welcome (diplomats) or unacceptable (other persons): the receiving State may at any time, without explanation, notify the diplomatic mission that a person is unacceptable
Commencement and termination of duties as a diplomatic representative
Commencement of duties: Submit credentials (documents used to prove the identity of an ambassador or minister). After submitting credentials, the head of the embassy is deemed to have started performing duties in the receiving country; other personnel will automatically start their duties after they arrive.
Ambassador: The letter of credence is signed by the head of state, countersigned by the minister of foreign affairs, and submitted to the head of the receiving country.
Charge d'affaires: Issued by the Minister of Foreign Affairs and submitted to the Minister of Foreign Affairs of the other party
Termination of office
Missions accredited to international organizations
special mission
Definition: A temporary mission dispatched with the consent of another country to negotiate special issues and perform special tasks.
Dispatch: Negotiate through diplomacy and other channels (dispatch can also be done without establishing diplomatic relations)
Start: Marked by formal contact between the mission and the foreign ministry of foreign affairs or specialized agency
Termination: does not end with the severance of diplomatic relations or consular relations
Diplomatic corps: ceremonial, different from diplomatic agencies
diplomatic rights
Diplomatic privileges and immunities
Definition: The purpose of confirming these privileges and immunities is not to benefit individuals but to ensure that the embassy representing the country can effectively perform its duties (representative theory, duty need theory)
privilege
The embassy premises are inviolable
No one is allowed to enter the embassy premises without permission from the head of the embassy (no exceptions)
Freedom from search, requisition, seizure, enforcement
Accepts the obligation of the State to protect the embassy premises from intrusion or damage
Official documents and files of the embassy shall not be infringed upon
Freedom of communication: Diplomatic bags may not be opened or detained (without exception). Postmen enjoy the right of inviolability of the person while performing their duties and may not be arrested or detained in any way.
Exemption from taxes and customs duties (the exemption is mainly for daily taxes and duties. Specific services are not exempt: garbage removal fees)
Use the national flag and national emblem
exemption
Inviolability of the person (excluding legitimate defense)
Apartments, documents, letters and property are inviolable
jurisdictional immunity
Immunity from criminal jurisdiction: only diplomatic solution (no exceptions)
Immunity from civil and administrative jurisdiction
exception
Property litigation over private real estate in the receiving country
Participating in inheritance proceedings in a private capacity
Proceedings in the conduct of professional or business activities
Diplomats initiate prosecution and defendant countersuits
Completely exempt from the obligation to testify
Exemption from taxes and other contributions
Baggage is exempt from inspection (Exception: presence due to serious reasons)
Waiver of immunity: Waiver by the sending country, must be express (not by the personnel themselves)
Privileges and immunities of special missions
The premises are inviolable (with permission from the curator, except in the event of fire or other disasters that seriously endanger public safety)
Freedom of movement (limited to the performance of duties)
Immunity from civil jurisdiction that is not enjoyed (added “litigation concerning damage caused by relevant persons causing accidents using vehicles outside the scope of official duties”)
Diplomatic personnel in status, but approximately equal to consular officials in terms of privileges and jurisdiction
Other personnel
Family members of diplomatic personnel: (spouse and minor children living together) are equivalent to diplomatic representatives
Administrative and technical personnel and their families: civil and administrative exemptions are limited to acts performed in the performance of official duties, exemption from customs duties is limited to items imported at the time of initial settlement, personal luggage items are not exempt from inspection
Embassy staff and personal servants: exemption limited to the performance of official duties, remuneration from employment is exempt from tax, and remuneration from employment of private servants is exempt from tax (non-nationals of the receiving country no longer permanently reside in the country)
start and end
Start: When entering the country to take office; when the person already in the country is notified of appointment
Termination: departure from the country, end of the reasonable period (if a member of the embassy dies, the family members will continue to enjoy privileges and immunity; acts in the performance of duties will always enjoy immunity)
Status of embassy personnel and other personnel in third countries
When diplomats travel to or return to a third country, the third country shall grant inviolable rights and ensure other immunities necessary for such border or return.
Preventing and punishing violations against internationally protected persons
Characteristics of the crime: The subject of the crime is a person (excluding state organizations, etc.); intentional behavior; the object of the infringement is the person and freedom of persons who should be protected internationally; it should be punished under domestic law
diplomatic obligations
Obligations of Embassy Personnel towards the Receiving State
The use of the embassy premises shall not be inconsistent with the duties of the embassy
Respect laws and regulations, shall not interfere in internal affairs, may make official contacts through the Ministry of Foreign Affairs, and shall not engage in professional or commercial activities
consular system
Overview of the consular system
Consular relations: based on agreements between countries
Consular jurisdiction: one-sided dispatch based on unequal treaties (not accepted by modern international law)
Consular and Diplomatic Relations
connect
Establishing diplomatic relations means establishing consular relations, but severing diplomatic relations does not necessarily sever consular relations.
In the administrative system, consuls and diplomats belong to the diplomatic personnel organization system, and they can hold both positions concurrently.
the difference
Protection of comprehensive interests/partial interests: the scope of activities is the entire territory of the receiving country; the scope of activities is limited to the relevant consular area (consular privileges and immunities are slightly lower than those of diplomacy)
Full representation/partial representation: The embassy has full diplomatic exchanges with the receiving country; the consulate only negotiates on matters such as protecting overseas Chinese, commerce, and shipping affairs.
Kinds and grades
category
Career consuls/honorary consuls: formally appointed state officials; consuls appointed from local businessmen, lawyers of the receiving country, etc.
dispatch and receive
Dispatch: No need to consult the receiving country, but if the recipient is an international person, the receiving country’s express consent is required
Acceptance (beginning of duties): after the receiving country issues a consular certificate (no reason is required for refusal)
Unwelcome Personnel: The receiving country may at any time notify the sending country declaring any member of staff unacceptable
Duties: Protection, promotion, understanding and reporting, passport and visa processing, helping and assisting nationals of the sending country, notary and administrative affairs, supervision and inspection, etc.
Termination: severing diplomatic relations does not automatically sever consular relations.
Consular Privileges and Immunities
Features: Emphasis is placed more on the basis of functional needs than on diplomatic privileges and immunities.
privilege
Consulate premises are inviolable within certain limits (embassy: all require consent of the head of mission)
Work part only
In case of fire or other disasters
If necessary, the receiving country may requisition consular buildings, equipment, etc., but compensation shall be provided (conditions: prompt, sufficient and effective compensation)
Consular archives and documents are inviolable
Freedom of communication and freedom of movement
Radio transmitters require permission from the receiving country, and can be used for official purposes only
If there is a serious reason for the mail bag to be present, it can be opened and inspected (pouch bags are not allowed to be opened in the embassy, without exception)
The person of the messenger shall not be violated when performing his duties.
The right to consular notification (correspondence and liaison with nationals of the sending country) is not available in the embassy
When the personal freedom of a national of the sending State is restricted, the competent authority of the receiving State shall promptly inform the person concerned of the rights provided for in this paragraph and upon his request, the competent authority of the receiving State shall promptly notify the consular post of the sending State
Consular officials have the right to appoint legal representatives on their behalf
Free of taxes and duties
Use the national flag and national emblem
exemption
subtopic
Personal freedom is subject to certain protections (Embassy: no personal infringement is allowed, except to prevent a crime, for self-defense, etc.)
Exception: Consular officials who commit serious crimes or who are subject to the ruling of the competent judicial authority must appear in court before the competent judicial authority when criminal proceedings are filed.
limited immunity from jurisdiction
Immunity: Acts performed in the performance of consular duties (Embassy: full immunity for criminal cases, 4 exceptions for civil administration)
Exceptions: Exceptions for civil immunity: litigation arising from the conclusion of a contract as a representative of the sending country; claims for damages caused by accidents caused by vehicles, ships or aircrafts
Exemption from the obligation to testify to a certain extent (Embassy: no obligation to testify at all)
Exemption: Provide official correspondence and documents; provide testimony as an expert on the laws of the sending country (other than that, testimonials cannot be refused)
Exemption from taxes, duties (only direct taxes) and inspections (exceptions: presence for serious reasons)
The obligations of the consulate and its personnel towards the receiving country: perform duties in a non-compliant manner, respect the laws and regulations of the receiving country, not interfere in the internal affairs of the receiving country, and not engage in any professional or commercial activities for private interests, etc.
China’s relevant regulations