Suchergebnisse

Although diplomatic representatives enjoy certain immunities in the countries to which they are accredited, they are not free to disregard the laws of the state receiving them. When a diplomatic representative breaks the local law, the ordinary procedure and the usual sanctions cannot always be applied. However, the individual or the state injured by infraction of the law by the diplomatic representative is protected by a number of sanctions and means of applying them. The purpose of this study is to examine their effectiveness.

Plaintiff steamship line, a Greek corporation, filed a libel in personam in Federal District Court for the District of Columbia against the Republic of Tunisia for unpaid demurrage allegedly accrued on plaintiff's ship while it was in Tunisian waters. Summons was issued to the Tunisian government, to be served upon its agent, the Tunisian Ambassador to the United States. Although no evidence established that the Ambassador had personally declined service, defendant United States Marshal returned the summons unexecuted, with the explanation that "the within named principal agent, having Diplomatic Immunity, and being listed on the Diplomatic List of the State Department, cannot be served at Washington, D.C." Plaintiff then sought a writ of mandamus to compel service. The trial court granted defendant's motion to dismiss. On appeal, the Circuit Court for the District of Columbia affirmed. Held: Mandamus does not lie to compel a United States Marshal to serve summons upon an agent of a foreign government who is eligible for diplomatic immunity, even though the summons would include the diplomat only in his capacity as agent of his sending state, and not as a party defendant. Hellenic Lines, Ltd. v. Moore, 345 F.2d 978 (D.C. Cir. 1965).

In 1901, after the suppression of the Boxer Rebellion by the troops of eight powers and the signing of the "Boxer Protocol", dependence of the Qing Empire on foreign powers increased, which, in turn, aggravated the growing economic and socio-political crisis in the country. The Imperial government was forced to start a series of cultural, economic, educational, military, and political reforms known as the New Policies of the late Qing dynasty.

The article presents the analysis of the reports written by Russian diplomatic representatives who at that time closely monitored the events taking place in China. The article discusses the importance of referring to such source of historical data as written reports and telegrams sent from China by Russian representatives and now kept in the funds of the Russian State Historical Archive. These documents can provide scholars with a complete picture of the initial stage of the "the New Policies" and the struggle for political influence related to it, which is of great importance in understanding the complicated period of Chinese history. The documents reviewed were not only summaries of the collected and accumulated information, but also contained a deep analysis of the events taking place in China. Characteristics of high-ranking Chinese officials contained in the reports of Russian representatives are invaluable. Moreover, in these sources one can find the assessment given to the attitude of the Western powers and Japan towards the reforms started in China. The study of the archival documents brings us to the conclusion that being well-trained sinologists, Russian diplomats and representatives of the Ministry of Finance were careful observers of the Late Qing reforms and could make far-reaching forecasts.

lntemational organization and administration — Other international organizations and organs of international administration — International Atomic Energy Agency — State representative accredited to Agency — Extent of entitlement to immunity from jurisdiction of municipal courts — Whether immunity limited to acts performed in representative capacity — Agreement on the Privileges and Immunities of the Intemational Atomic Energy Agency, Article V(12) — The law of the Federal Republic of Germany
Diplomatic and consular intercourse and privileges — Right of other persons to privileges and immunities — Representatives sent by or accredited to the United Nations or specialized agencies — Representative of State accredited to International Atomic Energy Agency in Vienna — Whether entitled to immunity from jurisdiction of municipal courts in respect of civil litigation concerning custody of child — Whether entitled to same degree of immunity as diplomatic representative — Whether immunity limited to acts performed in representative capacity — Agreement on the Privileges and Immunities of the International Atomic Energy Agency, 1957 — Article V (12) — The law of the Federal Republic of Germany