Diplomatic Privileges and Immunities
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What are four main privileges and immunities that organizations merit attention?

  • Inviolability of premises and archives (correct)
  • Right to vote (correct)
  • Immunity from jurisdiction (correct)
  • Freedom of speech

    • According to the UN Convention, what does Section 2 provide regarding immunity from legal process?

    The United Nations, its property and assets wherever located, and by whomsoever held, shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity.

    What provision do some of the headquarters agreements, e.g., with Switzerland and Italy, have that is similar to Section 4 of the Specialized Agencies Convention? Section __.

    3

    According to the UN Convention, what is exempt from direct taxation?

    <p>organization, its assets, income and property</p> Signup and view all the answers

    What happens to a document of an international organization once it is communicated to a member state?

    <p>It loses the protection of inviolability.</p> Signup and view all the answers

    In which year did the French Conseil d’Etât first recognize the immunity of organizations in employment-related matters?

    <p>1928</p> Signup and view all the answers

    The Italian Court of Cassation decided in favor of the plaintiff in the International Institute of Agriculture v. Profili case.

    <p>False</p> Signup and view all the answers

    Which court confirmed the immunity from jurisdiction of the OAS in the Broadbent Case?

    <p>US Court of Appeals</p> Signup and view all the answers

    The US Court of Appeals recognized that the relationship of an international organization with its staff was non-commercial, even on an application of a restrictive, as opposed to an ______, theory of immunity.

    <p>absolute</p> Signup and view all the answers

    What is the basis for according privileges and immunities to states and their diplomatic personnel by other states?

    <p>Principle of reciprocity</p> Signup and view all the answers

    According to the content, customary international law had something to say on the privileges and immunities of international organizations and their personnel.

    <p>False</p> Signup and view all the answers

    International organizations enjoy privileges and immunities entirely because they are necessary for the fulfilment of their ________ and functions.

    <p>purposes</p> Signup and view all the answers

    What article of the UN Charter provides for the privileges and immunities of the organization and its personnel?

    <p>Article 105</p> Signup and view all the answers

    In which cases was immunity recognized in employment disputes involving IGOs?

    <p>W.v.UNRWA (1952)</p> Signup and view all the answers

    Courts have a uniform approach in granting immunity to IGOs in employment-related cases.

    <p>False</p> Signup and view all the answers

    What may lead to the waiver of immunity by an organization in a case involving an IGO?

    <p>Entering into an arbitration agreement or implicitly agreeing to conditions that waive immunity.</p> Signup and view all the answers

    The UN Convention provides that the property and assets of the UN shall be immune from all forms of judicial process, including search, requisition, confiscation, expropriation, and any other form of ____________.

    <p>interference</p> Signup and view all the answers

    Match the following provisions regarding property and assets immunity with the corresponding agreements:

    <p>UN Convention = Provides immunity from all forms of judicial process IBRD Articles of Agreement = Property and assets are free from restrictions, regulations, controls, and moratoria MIGA Convention = Property and assets are free from interference and search AFDB Agreement = Property exclusion does not entitle an IOG not to submit to zoning regulations</p> Signup and view all the answers

    According to the American Third Restatement of the Law, what privileges and immunities are international organizations entitled to as a matter of customary law?

    <p>All of the above</p> Signup and view all the answers

    International organizations like the ITC are recognized at common law as entitled to sovereign status.

    <p>False</p> Signup and view all the answers

    What is the basis for according functional immunities to international organizations?

    <p>Good faith</p> Signup and view all the answers

    What do direct taxes ultimately fall upon for payment?

    <p>Organization</p> Signup and view all the answers

    The UN will not claim exemption from excise duties or sales taxes which are included in the price of property purchased.

    <p>True</p> Signup and view all the answers

    What does the UN Convention establish regarding the freedom of communication?

    <p>Absence of censorship over official communications, the right to use codes, couriers and bags, and treatment for communications of the UN.</p> Signup and view all the answers

    The ______ of international organizations enjoy privileges and immunities for the purpose of exercising their functions in relation to the organization, not for their personal benefit, but for the purpose of exercising their functions in relation to the organization.

    <p>personnel</p> Signup and view all the answers

    Match the following statements with their correct scenario:

    <p>The FCC held that the term 'treatment' in the Articles of Agreement of the IBRD and the IMF related to rates charged for official communications. = IBRD and IMF v. All America Cable and Radio, Inc.(1953) The representatives of member states are not accredited to the host state, but rather to the organization. = UN--USA Headquarters Agreement</p> Signup and view all the answers

    In which case did a New York Court recognize immunity for a speeding charge involving the Third Secretary of the Australian Mission to the UN?

    <p>City of New Rochelle v. Page-Sharp</p> Signup and view all the answers

    In which case did the New York Court hold that a respondent, who was the Third Secretary of the Permanent Delegation of Argentina to the UN, was not entitled to plead immunity in a proceeding between landlord and tenant?

    <p>Agostino v. de Antueno</p> Signup and view all the answers

    Immunities granted by federal action are applicable to matters within state jurisdiction.

    <p>False</p> Signup and view all the answers

    Officials enjoy immunity from jurisdiction only in respect of their ________ acts.

    <p>official</p> Signup and view all the answers

    What may be necessary to determine regarding the immunities of an international organization?

    <p>whether the immunities are customary</p> Signup and view all the answers

    National courts may acknowledge that organizations are immune from their jurisdiction without a governing conventional law.

    <p>True</p> Signup and view all the answers

    What is the basis of the immunities and privileges of organizations?

    <p>Functional reasons</p> Signup and view all the answers

    The inviolability of archives and the freedom of communication are perhaps two __________ of international privileges and immunities.

    <p>examples</p> Signup and view all the answers

    Study Notes

    Privileges and Immunities

    • Privileges and immunities have been accorded to states and their diplomatic personnel by other states as a result of the development of customary international law.
    • The law of diplomatic privileges and immunities has been codified in the 1961 Vienna Convention on Diplomatic Relations.
    • International organizations and their personnel have been accorded privileges and immunities through treaties and conventions.

    International Organizations

    • International organizations enjoy privileges and immunities entirely because they are necessary for the fulfillment of their purposes and functions.
    • The basis of such privileges and immunities is functional, and organizations are accorded only those privileges and immunities which are necessary for that purpose.
    • The nationality of the individual usually has no bearing on whether the privilege or immunity accrues.

    UN Charter

    • Article 105 of the UN Charter provides for the privileges and immunities of the organization and its personnel in a very general way.
    • The article ties privileges and immunities to purposes and functions.

    Conventional Law

    • The UN Convention of 1946 implements Article 105 of the Charter.
    • The Specialized Agencies Convention of 1947 is applicable to the specialized agencies.
    • The pattern of the main contents of these agreements was followed in multilateral agreements made by many organizations.

    Privileges and Immunities of Organizations

    • Four main privileges and immunities merit attention:
      • Immunity from jurisdiction
      • Inviolability of premises and archives
      • Privileges relating to currency and fiscal matters
      • Freedom of communications

    Immunity from Jurisdiction

    • The UN Convention and the Specialized Agencies Convention provide for immunity from jurisdiction, except insofar as the organization has expressly waived its immunity.
    • The financial institutions led by the IBRD have a provision in their constitutions where this general immunity is qualified.
    • The immunity of the IBRD is reversed, with a presumption of absence of immunity which is recognized only in certain circumstances.
    • The immunity of the IDB is not absolute, and it may be sued in certain circumstances.
    • The constitutions of the ADB, AFDB, and CDB provide for limited immunity, with actions only permitted in connection with certain activities.### Immunity of International Organizations (IGOs)
    • There is no judicial precedent relating to the interpretation of the UN or Specialized Agencies Convention or instruments with similar provisions.

    Immunity of IGOs in National Courts

    • The Italian Court of Cassation decided that NATO did not have immunity from jurisdiction in a private contract case (Branno v. Ministry of War, 1955).
    • However, in 1992, the Italian Court of Cassation reversed this decision, holding that the FAO was entitled to complete immunity in national courts.
    • In the US, the Federal Court held that the OAS did not have immunity in a bidding construction contract case (Dupree Associates Inc. v. OAS, 1977).
    • The Malaysian High Court refused immunity to the ITC in a case concerning outstanding loans (Bank Bumiputra Malaysia Bhd. v. ITC, 1987).
    • French courts have recognized the immunity of IGOs in employment-related cases since 1928 (Lamborot and Antin cases).
    • Italian courts have also recognized the immunity of IGOs in employment-related cases (International Institute of Agriculture v. Profili, 1931).
    • The US Court of Appeals has confirmed that IGOs enjoy immunity from jurisdiction in the USA in cases brought by staff members regarding employment (Broadbent Case, 1980).
    • The US Court of Appeals has also recognized the immunity of IGOs in employment-related cases (Mendaro v. The World Bank, 1983).
    • Other states that have recognized the immunity of IGOs in employment-related cases include Argentina, Mexico, Chile, Colombia, Syria, Egypt, India, Luxembourg, and the Philippines.

    Exceptions to Immunity

    • There are a few cases in which national courts have assumed jurisdiction in actions relating to employment matters brought against IGOs (e.g., Lebanon, Jordan, Syria, and Gaza).
    • The Italian Court of Cassation held that the administrative courts had jurisdiction in a case brought against an organ of the IRO (Maida v. Administration for International Assistance, 1955).
    • A Dutch court found that it had jurisdiction in an employment-related case brought against Eurocontrol (Eckhardt v. Eurocontrol, 1976).

    Recent Cases

    • A Greek court denied immunity to the International Centre for Superior Mediterranean Agricultural Studies in an employment dispute (X v. International Centre for Superior Mediterranean Agricultural Studies, 1991).
    • A US court denied immunity to the IFC in a physical harm and harassment case brought by an employee (Margot Rendall Speranza Case, 1996).

    Conclusion

    • Despite exceptional instances, recognition is given to the immunity of IGOs from the jurisdiction of national courts in employment-related cases, whether there is an express grant of such immunity or not.
    • The decisions of national courts do not reflect a uniform approach to the grant of immunity in employment-related cases.### Immunity and International Organizations
    • The Italian court recognized immunity in an execution case, stating that assets destined for international aims cannot be litigated.
    • The UK courts have recognized the immunity of the International Tin Council (ITC) in winding-up proceedings.

    Waiver of Immunity

    • An international organization's immunity from jurisdiction may be waived by the organization.
    • Waiver can be express or implicit.
    • Examples of waiver of immunity include:
      • Entering into an arbitration agreement (ITC v. Amalgamet Inc.)
      • Agreeing to a condition in a facility letter that the loan is governed by English law and submitting to the jurisdiction of the English courts (Standard Chartered Bank v. ITC and Others)

    Property and Assets

    • The UN Convention, Specialized Agencies Convention, and financial institutions' constitutions provide that property and assets shall be immune from:
      • All forms of judicial process
      • Execution
      • Search, requisition, confiscation, expropriation, and other forms of interference
    • The UN Convention and other agreements provide for the freedom of organizations to:
      • Hold funds, gold, or currency of any kind
      • Operate accounts in any currency
      • Transfer funds, gold, or currency from one country to another or within any country
      • Convert any currency held into any other currency

    Premises and Archives

    • The inviolability of premises and archives is provided for in all relevant agreements.
    • The UN Convention and financial institutions' constitutions provide for:
      • The inviolability of premises
      • The inviolability of archives and all documents belonging to or held by the organization
    • The concept of inviolability implies that:
      • Authorities of the host state may not enter the premises without permission
      • The host state must exercise due diligence in protecting the premises

    Problems with Inviolability

    • International organizations have no sovereign authority over the territory on which their premises are situated.
    • Organizations may not have the power to establish a body of law to replace that of the host state in respect of civil or criminal offenses committed within the premises.
    • A crime committed on the premises will normally be dealt with by the local courts.

    Archives and Confidentiality

    • The English courts have held that the inviolability of archives includes protection from perusal and use without the organization's consent.
    • The purpose of inviolability is to preserve confidentiality as well as physical preservation of documents.
    • Documents communicated to third parties by member states or their representatives cease to be protected by inviolability.
    • Documents communicated by organizations with observer status at the organization are not protected by inviolability.

    Fiscal Matters

    • The UN Convention provides that the organization, its assets, income, and property shall be exempt from direct taxation.
    • The organization is not expected to claim exemption from taxes which are, in fact, no more than charges for public utility services.

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    Description

    This quiz covers the concept of privileges and immunities accorded to states and diplomatic personnel, including the development of customary international law and the 1961 Vienna Convention.

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