The adequacy of the judicial immunity of the diplomatic envoy in public international law

This study dealt with the issue of the efficiency of the judicial immunity of the diplomatic envoy in international law. This study aimed to study the legal framework for the judicial immunity of diplomatic missions under international law and evaluate the sources of diplomatic immunity for diplomat...

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Main Author: Altamimi, Abdulaziz Yousef Khamis Yousef
Format: Thesis
Language:eng
eng
Published: 2023
Subjects:
Online Access:https://etd.uum.edu.my/11076/1/Depositpermission_s825236.pdf
https://etd.uum.edu.my/11076/2/s825236_01.pdf
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spelling my-uum-etd.110762024-03-24T00:05:09Z The adequacy of the judicial immunity of the diplomatic envoy in public international law 2023 Altamimi, Abdulaziz Yousef Khamis Yousef Md. Nor, Mohd Zakhiri Hj. Long, Muhamad Noor Habibi Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government K Law (General) This study dealt with the issue of the efficiency of the judicial immunity of the diplomatic envoy in international law. This study aimed to study the legal framework for the judicial immunity of diplomatic missions under international law and evaluate the sources of diplomatic immunity for diplomatic missions and their efficiency. The importance of the study is to know the means of resolving disputes arising from the actions of a diplomatic envoy who enjoys judicial immunity, as they have special procedures and protocols, they are held accountable and punished according to the laws of their countries, considering the advantages of immunity. The problem of the study was represented in the contradiction between the powers of the judiciary and what is required by the requirements of the state's diplomatic job, and the state's sovereignty in imposing the jurisdiction of its courts on all individuals who committed crimes on its territory. In addition, the judicial immunity granted to the diplomatic envoy leads to a conflict between the harmony and compatibility between the envoy’s right to cling to diplomatic immunities and privileges, and the right of the state to protect its security from abusing the immunity presented to him, especially if the diplomat commits a crime on the territory of the country he is delegated to. The study adopted the analytical method in addition to the experimental process by conducting interviews with specialists in the field of study. The study reached several results, the most important of which is that diplomatic immunity is a fundamental pillar of international relations, by securing the best to carry out diplomatic functions and facilitating their sensitive tasks. In addition to securing its objectives based on managing the foreign affairs of international parties and strengthening their relations based on the principles and principles of equality and maintaining international peace and security. The study recommended the need to reconsider the 1961 Vienna Convention, especially with diplomatic relations, because this agreement came in response to the aspirations of the great powers after World War II. 2023 Thesis https://etd.uum.edu.my/11076/ https://etd.uum.edu.my/11076/1/Depositpermission_s825236.pdf text eng staffonly https://etd.uum.edu.my/11076/2/s825236_01.pdf text eng public other masters Universiti Utara Malaysia
institution Universiti Utara Malaysia
collection UUM ETD
language eng
eng
advisor Md. Nor, Mohd Zakhiri
Hj. Long, Muhamad Noor Habibi
topic K Law (General)
spellingShingle K Law (General)
Altamimi, Abdulaziz Yousef Khamis Yousef
The adequacy of the judicial immunity of the diplomatic envoy in public international law
description This study dealt with the issue of the efficiency of the judicial immunity of the diplomatic envoy in international law. This study aimed to study the legal framework for the judicial immunity of diplomatic missions under international law and evaluate the sources of diplomatic immunity for diplomatic missions and their efficiency. The importance of the study is to know the means of resolving disputes arising from the actions of a diplomatic envoy who enjoys judicial immunity, as they have special procedures and protocols, they are held accountable and punished according to the laws of their countries, considering the advantages of immunity. The problem of the study was represented in the contradiction between the powers of the judiciary and what is required by the requirements of the state's diplomatic job, and the state's sovereignty in imposing the jurisdiction of its courts on all individuals who committed crimes on its territory. In addition, the judicial immunity granted to the diplomatic envoy leads to a conflict between the harmony and compatibility between the envoy’s right to cling to diplomatic immunities and privileges, and the right of the state to protect its security from abusing the immunity presented to him, especially if the diplomat commits a crime on the territory of the country he is delegated to. The study adopted the analytical method in addition to the experimental process by conducting interviews with specialists in the field of study. The study reached several results, the most important of which is that diplomatic immunity is a fundamental pillar of international relations, by securing the best to carry out diplomatic functions and facilitating their sensitive tasks. In addition to securing its objectives based on managing the foreign affairs of international parties and strengthening their relations based on the principles and principles of equality and maintaining international peace and security. The study recommended the need to reconsider the 1961 Vienna Convention, especially with diplomatic relations, because this agreement came in response to the aspirations of the great powers after World War II.
format Thesis
qualification_name other
qualification_level Master's degree
author Altamimi, Abdulaziz Yousef Khamis Yousef
author_facet Altamimi, Abdulaziz Yousef Khamis Yousef
author_sort Altamimi, Abdulaziz Yousef Khamis Yousef
title The adequacy of the judicial immunity of the diplomatic envoy in public international law
title_short The adequacy of the judicial immunity of the diplomatic envoy in public international law
title_full The adequacy of the judicial immunity of the diplomatic envoy in public international law
title_fullStr The adequacy of the judicial immunity of the diplomatic envoy in public international law
title_full_unstemmed The adequacy of the judicial immunity of the diplomatic envoy in public international law
title_sort adequacy of the judicial immunity of the diplomatic envoy in public international law
granting_institution Universiti Utara Malaysia
granting_department Ghazali Shafie Graduate School of Government
publishDate 2023
url https://etd.uum.edu.my/11076/1/Depositpermission_s825236.pdf
https://etd.uum.edu.my/11076/2/s825236_01.pdf
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