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Diplomatic Law in a New Millennium$
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Paul Behrens

Print publication date: 2017

Print ISBN-13: 9780198795940

Published to Oxford Scholarship Online: August 2017

DOI: 10.1093/oso/9780198795940.001.0001

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The Protection of Public Safety and Human Life vs the Inviolability of Mission Premises

The Protection of Public Safety and Human Life vs the Inviolability of Mission Premises

A Dilemma Faced by the Receiving State

Chapter:
(p.149) 10 The Protection of Public Safety and Human Life vs the Inviolability of Mission Premises
Source:
Diplomatic Law in a New Millennium
Author(s):

Yinan Bao

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198795940.003.0010

Inviolability of mission premises is not only one of the core provisions of the VCDR, but represents a long established rule of diplomatic law. At the same time, the absolute inviolability stipulated in Article 22(1) can lead to conflicts with the need to protect public safety and human life, resulting in a dilemma for the receiving States which then have to determine whether one interest must overrule the other. This chapter provides a detailed analysis of the difficulty, reviews scholarly debate in this field and examines relevant incidents and their evaluation. It pays particular attention to the controversy concerning the application of the right of self-defence. But the author also explores solutions to the dilemma and suggests the employment of administrative measures to resolve the practical problems encountered in situations of this kind.

Keywords:   mission premises, inviolability, emergency situations, public safety, self-defence, administrative measures

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