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Diplomatic Law - Commentary on the Vienna Convention on Diplomatic Relations, 4th Edition by Denza, Eileen (14th January 2016)

Nationals and Permanent Residents of the Receiving State

From: Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations (4th Edition)

Eileen Denza

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 19 June 2019

Subject(s):
Diplomatic immunity — Diplomatic missions — Diplomatic relations — Diplomatic privileges — Immunity from jurisdiction

This chapter looks into Article 38 of the Vienna Convention on Diplomatic Relations which deals with the status of nationals and permanent residents admitted by the receiving State. Article 38 states that a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions except insofar as additional privileges and immunities may be granted by the receiving State. The Article also states that other members of the staff and private servants, who are nationals of or permanently resident in the receiving State, shall enjoy privileges and immunities only to the extent admitted by the receiving State. The chapter provides an overview of the question of whether a diplomatic agent or other member of the mission who was a national of the receiving State should be entitled to privileges and immunities.

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