International Privileges and Immunities: A Case for a by David B. Michals

By David B. Michals

Since global struggle I students and practitioners alike have addressed themselves to defining and assessing the "new diplomacy," which the British diplomatist Harold Nicolson has branded the "American method." He distinguishes modern perform from past different types of international relations which, within the Evolution of Diplomatic process (1954), at the foundation of old orientation, he designates the Greek, Roman, Italian, and French "systems" of diplo­ macy, during this order. Intensified multilaterial, as differentiated from bilateral, international relations - or what Lord Maurice Hankey treats as international relations through Con­ ference (1946) - has develop into one of many central features characterizing 20th century diplomatic utilization. "Conference diplomacy," in flip, includes either advert hoc and regularized parts. The latter, occasionally exact "parliamentary diplomacy," is largely a kind of institutionalized conferencing permeating the func­ tioning of everlasting mechanisms known as overseas enterprises. inside them member states pursue nationwide and collective pursuits and espouse nationwide guidelines, confer and negotiate respecting mutual difficulties, have interaction in forensic and infrequently public exposition, and decrease determination making, yet often in simple terms ostensibly, to a formalized balloting process.

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5. Pasquale Fiore, International Law Codified, trans. by Edwin M. , 1918), pp. 312-321. 51 The Church may be considered as an international corporate personality deriving from custom and precedent rather than multilateral treaty. , pp. , pp. 11-12. " He emphasizes that while the Roman Catholic Church, a person of Magna Civitas, has the power of exercising the right of representation to the governments of states which have entered into diplomatic relations with it, the exercise of that right is not identical with the exercise of the rights of diplomacy between states.

But other qualifications on the status of the Papal representatives were recognized. "53 The status of both international Fiore, InternationalLaw Codified, p. 317. , p. 318. Article II of an Italian Law of May 13, 1871 afforded diplomatic privileges and immunities to Papal envoys while in the Kingdom of Italy and while 62 63 EVOLUTIONARY PERSPECTIVES 2S functionaries of the Church and those of international organizations, by comparison with regular diplomats, derives from a special category of international law and special treaty law.

The international functionary, on the other hand, represents the interests of all those states which are entitled to his services through his international organization. , the one which accredits him and records his official status. The international functionary, however, may be called upon as a matter of course to exercise his official functions without regard to nationality or geographical location. Additionally, where diplomatic agents are appointed in a patronage situation, such as is the case in the United States, the agent tends to represent· a given political attitude in international relations.

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