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Diplomatic Immunity
DIPLOMATIC IMMUNITY is a form of legal immunity that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws, but they can still be expelled . Modern diplomatic immunity was codified as international law in the Vienna Convention on Diplomatic Relations (1961) which has been ratified by all but a handful of nations, though the concept and custom of such immunity have a much longer history dating back thousands of years. Many principles of diplomatic immunity are now considered to be customary law . Diplomatic immunity
Diplomatic immunity
as an institution developed to allow for the maintenance of government relations, including during periods of difficulties and armed conflict . When receiving diplomats, who formally represent the sovereign, the receiving head of state grants certain privileges and immunities to ensure they may effectively carry out their duties, on the understanding that these are provided on a reciprocal basis. Originally, these privileges and immunities were granted on a bilateral , ad hoc basis, which led to misunderstandings and conflict, pressure on weaker states, and an inability for other states to judge which party was at fault. An international agreement known as the Vienna Convention codified the rules and agreements, providing standards and privileges to all states
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Diplomatic Immunity (other)
DIPLOMATIC IMMUNITY is a form of legal immunity for diplomats working outside their home countries. DIPLOMATIC IMMUNITY may also refer to: * Diplomatic Immunity (Canadian TV series) , a Canadian news magazine series * Diplomatic Immunity (New Zealand TV series) , a New Zealand TV comedy about a fictional consulate * Diplomatic Immunity (novel) , a novel by Lois McMaster Bujold * Diplomatic Immunity (American film) , a 1991 film directed by Peter Maris * Diplomatic Immunity (Canadian film) , a 1991 film directed by Sturla GunnarssonIN MUSIC * Diplomatic Immunity (The Diplomats album) , a 2003 album by The Diplomats * Diplomatic Immunity (Client Liaison album) , a 2016 album by Client Liaison This disambiguation page lists articles associated with the title DIPLOMATIC IMMUNITY. If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from "https://en.wikipedia.org/w/index.php?title=Diplomatic_immunity_(other) additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy .® is a registered trademark of the Wikimedia Foundation, Inc
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Legal Immunity
LEGAL IMMUNITY, or IMMUNITY FROM PROSECUTION, is a legal status wherein an individual or entity can not be held liable for a violation of the law to facilitate societal aims that outweigh the value of imposing liability in such cases. Such legal immunity may be from criminal prosecution or from civil liability (being subject of lawsuit ) or both. The most notable forms of legal immunity are diplomatic immunity , judicial immunity , and witness immunity . One author has described legal immunity as "the obverse of a legal power:" A party has an immunity with respect to some action, object or status, if some other relevant party – in this context, another state or international agency, or citizen or group of citizens – has no (power) right to alter the party's legal standing in point of rights or duties in the specified respect. There is a wide range of legal immunities that may be invoked in the name of the right to rule. In international law, immunities may be created when states assert powers of derogation, as is permitted, for example, from the European Convention on Human Rights 'in times of war or other public emergency'. Equally familiar examples include the immunities against prosecution granted to representatives (MPs or councillors) and government officials in pursuit of their duties
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Diplomat
A DIPLOMAT is a person appointed by a state to conduct diplomacy with one or more other states or international organisations . The main functions of diplomats are: representation and protection of the interests and nationals of the sending state; initiation and facilitation of strategic agreements; treaties and conventions; promotion of information; trade and commerce; technology; and friendly relations. Seasoned diplomats of international repute are used in international organisations (e.g. United Nations) as well as multinational companies for their experience in management and negotiating skills. Diplomats are members of foreign services and diplomatic corps of various nations of the world. Diplomats are the oldest form of any of the foreign policy institutions of the state, predating by centuries foreign ministers and ministerial offices. They usually have diplomatic immunity . CONTENTS * 1 Terminology * 2 Career diplomats and political appointees * 3 Diplomatic ranks * 4 Function * 4.1 Advocacy * 4.2 Negotiation * 5 Training * 6 Status and public image * 7 Psychology and loyalty * 8 References * 9 Further reading * 10 External links TERMINOLOGYThe regular use of permanent diplomatic representation began between the states of fifteenth-century Italy
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Lawsuit
A LAWSUIT (or SUIT IN LAW ) is "a vernacular term for a suit, action, or cause instituted or depending between two private persons in the courts of law." The term refers to any proceeding by a party or parties against another in a court of law. Sometimes, the term "lawsuit" is in reference to a civil action brought in a court of law in which a plaintiff , a party who claims to have incurred loss as a result of a defendant 's actions, demands a legal or equitable remedy . The defendant is required to respond to the plaintiff's complaint . If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right , award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes . A lawsuit may involve dispute resolution of private law issues between individuals , business entities or non-profit organizations . A lawsuit may also enable the state to be treated as if it were a private party in a civil case, as plaintiff, or defendant regarding an injury, or may provide the state with a civil cause of action to enforce certain laws. The conduct of a lawsuit is called LITIGATION. The plaintiffs and defendants are called _litigants_ and the attorneys representing them are called _litigators_. The term _litigation_ may also refer to criminal trial
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Prosecution
The PROSECUTOR is the chief legal representative of the prosecution in countries with either the common law adversarial system , or the civil law inquisitorial system . The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. The prosecutor typically represents the government in the case brought against the accused person. CONTENTS* 1 Common law
Common law
jurisdictions * 1.1 Directors of Public Prosecutions * 1.2 Canada
Canada
* 1.3 Scotland * 1.4 United States
United States
* 2 Civil law jurisdictions * 2.1 Belgium * 2.2 Brazil
Brazil
* 2.3 France
France
* 2.4 Germany
Germany
* 2.5 Italy
Italy
* 2.6 Japan
Japan
* 2.7 Poland
Poland
* 2.8 South Korea * 2.9 Sweden * 3 Socialist law jurisdictions * 3.1 People\'s Republic of China * 3.2 Vietnam
Vietnam
* 4 Institutional independence * 5 Private prosecution * 6 See also * 7 References * 8 Bibliography * 9 External links COMMON LAW JURISDICTIONSProsecutors are typically lawyers who possess a law degree , and are recognized as legal professionals by the court in which they intend to represent society (that is, they have been admitted to the bar )
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Deportation
DEPORTATION is the expulsion of a person or group of people from a place or country . The term _expulsion_ is often used as a synonym for deportation, through expulsion is more often used in the context of international law , while deportation is more used in national (municipal) law . Definitions of deportation apply equally to nationals and foreigners. Nonetheless, in the common usage the expulsion of foreign nationals is usually called deportation, whereas the expulsion of nationals is called extradition , banishment, exile , or penal transportation . For example, in the United States , "Strictly speaking, transportation, extradition, and deportation, although each has the effect of removing a person from the country, are different things, and have different purposes. Transportation is by way of punishment of one convicted of an offense against the laws of the country. Extradition is the surrender to another country of one accused of an offense against its laws, there to be tried, and, if found guilty, punished
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International Law
INTERNATIONAL LAW is the set of rules generally regarded and accepted as binding in relations between states and between nations . It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court . Treaties such as the Geneva Conventions may require national law to conform to respective parts. Much of international law is consent-based governance. This means that a state member is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct. This is an issue of state sovereignty . However, other aspects of international law are not consent-based but still are obligatory upon state and non-state actors such as customary international law and peremptory norms (_jus cogens _)
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Vienna Convention On Diplomatic Relations
The VIENNA CONVENTION ON DIPLOMATIC RELATIONS of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. It specifies the privileges of a diplomatic mission that enable diplomats to perform their function without fear of coercion or harassment by the host country. This forms the legal basis for diplomatic immunity . Its articles are considered a cornerstone of modern international relations. As of February 2017, it has been ratified by 191 states. CONTENTS * 1 History * 2 Summary of provisions * 3 Optional protocols * 4 State parties to the convention * 5 See also * 6 References * 7 External links HISTORY This section DOES NOT CITE ANY SOURCES . Please help improve this section by adding citations to reliable sources . Unsourced material may be challenged and removed . (April 2016) (Learn how and when to remove this template message )Throughout the history of sovereign states, diplomats have enjoyed a special status. Their function to negotiate agreements between states demands certain special privileges. An envoy from another nation is traditionally treated as a guest, their communications with their home nation treated as confidential, and their freedom from coercion and subjugation by the host nation treated as essential. The first attempt to codify diplomatic immunity into diplomatic law occurred with the Congress of Vienna
Congress of Vienna
in 1815
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Customary Law
CUSTOM in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Related is the idea of PRESCRIPTION; a right enjoyed through long custom rather than positive law. CUSTOMARY LAW (also, CONSUETUDINARY or UNOFFICIAL LAW) exists where: * a certain legal practice is observed and * the relevant actors consider it to be law (opinio juris ).Most customary laws deal with standards of community that have been long-established in a given locale. However the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action - in example, laws against piracy or slavery (see hostis humani generis ). In many, though not all instances, customary laws will have supportive court rulings and case law that has evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolution (if any) in the interpretation of such law by relevant courts
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War
WAR is a state of armed conflict between societies . It is generally characterized by extreme aggression , destruction, and mortality, using regular or irregular military forces . An absence of war is usually called "peace ". WARFARE refers to the common activities and characteristics of types of war, or of wars in general. Total war is warfare that is not restricted to purely legitimate military targets , and can result in massive civilian or other non-combatant suffering and casualties . While some scholars see war as a universal and ancestral aspect of human nature , others argue it is a result of specific socio-cultural or ecological circumstances. The deadliest war in history, in terms of the cumulative number of deaths since its start, is the Second World War
War
, from 1939 to 1945, with 60–85 million deaths, followed by the Mongol conquests
Mongol conquests
at up to 60 million. As concerns a belligerent's losses in proportion to its prewar population, the most destructive war in modern history may have been the Paraguayan War
Paraguayan War
(see Paraguayan War
Paraguayan War
casualties ). In 2013 war resulted in 31,000 deaths, down from 72,000 deaths in 1990. In 2003, Richard Smalley identified war as the sixth (of ten) biggest problem facing humanity for the next fifty years
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Bilateralism
BILATERALISM is the conduct of political, economic, or cultural relations between two sovereign states . It is in contrast to unilateralism or multilateralism , which is activity by a single state or jointly by multiple states, respectively. When states recognize one another as sovereign states and agree to diplomatic relations, they create a bilateral relationship. States with bilateral ties will exchange diplomatic agents such as ambassadors to facilitate dialogues and cooperations. Economic agreements, such as free trade agreements (FTA) or foreign direct investment (FDI), signed by two states, are a common example of bilateralism. Since most economic agreements are signed according to the specific characteristics of the contracting countries to give preferential treatment to each other, not a generalized principle but a situational differentiation is needed. Thus through bilateralism, states can obtain more tailored agreements and obligations that only apply to particular contracting states. However, the states will face a trade-off because it is more wasteful in transaction costs than the multilateral strategy. In a bilateral strategy, a new contract has to be negotiated for each participant. So it tends to be preferred when transaction costs are low and the member surplus, which corresponds to “producer surplus ” in economic terms, is high
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Ad Hoc
AD HOC is a Latin phrase meaning "for this". In English, it generally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other purposes (compare with _a priori _). Common examples are ad hoc organizations, committees, and commissions created at the national or international level for a specific task. In other fields, the term could refer, for example, to a military unit created under special circumstances, a tailor-made suit, a handcrafted network protocol (e.g. ad hoc network ), a temporary banding together of geographically-linked franchise locations (of a given national brand) to issue advertising coupons, or a purpose-specific equation . Ad hoc can also mean makeshift solutions, shifting contexts to create new meanings, inadequate planning, or improvised events. CONTENTS * 1 Styling * 2 Hypothesis * 3 In the military * 4 Networking * 5 See also * 6 References * 7 Further reading * 8 External links STYLINGAccording to _ The Chicago Manual of Style _, familiar Latin phrases that are listed in _Merriam-Webster _, such as "ad hoc", should not be italicized. HYPOTHESIS Main article: Ad hoc hypothesis In science and philosophy , ad hoc means the addition of extraneous hypotheses to a theory to save it from being falsified . Ad hoc hypotheses compensate for anomalies not anticipated by the theory in its unmodified form
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Crime
In ordinary language, a CRIME is an unlawful act punishable by a state or other authority. The term "crime" does not, in modern criminal law , have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law ; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or OFFENCE (or CRIMINAL OFFENCE) is an act harmful not only to some individual but also to a community, society or the state ("a public wrong "). Such acts are forbidden and punishable by law. The notion that acts such as murder , rape and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by criminal law of each country . While many have a catalogue of crimes called the criminal code , in some common law countries no such comprehensive statute exists. The state (government ) has the power to severely restrict one's liberty for committing a crime. In modern societies , there are procedures to which investigations and trials must adhere. If found guilty , an offender may be sentenced to a form of reparation such as a community sentence , or, depending on the nature of their offence, to undergo imprisonment , life imprisonment or, in some jurisdictions , execution
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Espionage
ESPIONAGE (colloquially, SPYING) is the obtaining of secret or confidential information without the permission of the holder of the information. Spies help agencies uncover secret information. Any individual or spy ring (a cooperating group of spies), in the service of a government , company or independent operation, can commit espionage. The practice is clandestine , as it is by definition unwelcome and in many cases illegal and punishable by law. Espionage is a subset of "intelligence " gathering, which includes espionage as well as information gathering from public sources. Espionage
Espionage
is often part of an institutional effort by a government or commercial concern. However, the term tends to associate with state spying on potential or actual enemies for military purposes. Spying involving corporations is known as industrial espionage . One of the most effective ways to gather data and information about the enemy (or potential enemy) is by infiltrating the enemy's ranks. This is the job of the spy (espionage agent). Spies can return all sorts of information concerning the size and strength of enemy forces . They can also find dissidents within the enemy's forces and influence them to defect
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Defection
In politics , a DEFECTOR is a person who gives up allegiance to one state in exchange for allegiance to another, in a way which is considered illegitimate by the first state. More broadly, it involves abandoning a person, cause, or doctrine to which one is bound by some tie, as of allegiance or duty. This term is also applied, often pejoratively, to anyone who switches loyalty to another religion , sports team , political party , or other rival faction. In that sense, the defector is often considered a traitor by their original side. CONTENTS * 1 International politics * 2 Notable defectors * 2.1 Artists and athletes * 2.2 Military * 2.3 Other * 3 See also * 4 References * 5 External links INTERNATIONAL POLITICS A memorial to those who could not cross the Berlin Wall alive stood for ten months in 2004 and 2005 near Checkpoint Charlie . The physical act of defection is usually in a manner which violates the laws of the nation or political entity from which the person is seeking to depart. By contrast, mere changes in citizenship , or working with allied militia, usually do not violate any law. For example, in the 1950s, East Germans were increasingly prohibited from traveling to the western Federal Republic of Germany where they were automatically regarded as citizens according to Exclusive mandate
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