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Diplomatic Asylum Analysis

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Two approaches are taken to the subject matter of this thesis, first, assuming that diplomatic asylum is granted only to political offenders, the authors endeavor to determine whether the practice is supported by customary or Conventional law; they consider how the political offense is defined in customary and Conventional law for the purpose of this kind of asylum and whether the characterization of the offense as “political” is the prerogative of the territorial state or the asylum state. The first part of the thesis treats the historical background of the practice in Latin America, the importance of opinion juris necessitates to the existence of a presumed rule of customary law, the limited recognition of a general right of diplomatic asylum …show more content…

It is argued effectively that no feelings of right or obligation can be shown to underlie the practice of diplomatic asylum so as to warrant it’s being described as rule of customary international law in this area, and that the several inter-American Conventions dealing with asylum are not helpful in establishing its legal basis. He concludes that this regional institution is extra-legal in character, and deliberately so, for the susceptibility of diplomatic asylum to abuse as a form of intervention by a foreign state in domestic politics makes Latin American states cautions in committing themselves to precise definition of any of the terms of reference of practice. Despite its extra-legal character, however, “the institution of diplomatic asylum is in fact respected” because it serves a useful purpose where unstable political conditions warrant this safety …show more content…

The rule ought be applied on functions of a diplomatic mission consist, in representing the sending State in the hosting State; protecting in the hosting State the interests of the sending State and of its citizens, by international law, negotiating with the Government of the receiving State, determining by all legal means situations in the receiving State, and reporting on to the Government of the sending State, promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural

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