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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 December 2019

Contemporary Developments Relating to the Inviolability of Mission Premises

Contemporary Developments Relating to the Inviolability of Mission Premises

Chapter:
(p.172) 11 Contemporary Developments Relating to the Inviolability of Mission Premises
Source:
Diplomatic Law in a New Millennium
Author(s):

Juan E Falconi Puig

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198795940.003.0011

This chapter addresses some of the controversial issues relating to the inviolability of mission premises. The Yvonne Fletcher incident of 1984 led to debates about the need to upgrade or reform the VCDR in that regard; and the United Kingdom, as a direct consequence of the incident, adopted the ‘Diplomatic and Consular Premises Act 1987’ to be able to adopt unilateral measures to remove premises immunity where threats to national security, to public integrity and/or the need of urban planning exist. Domestic legislation of this kind, however, also provides ground for conflicts with the VCDR. This chapter explores conflicts between property immunity and issues such as access to justice, human rights, and terrorism and examines ways of overcoming such difficulties through mechanisms which safeguard diplomatic privileges and immunity to allow the pursuit of diplomatic functions.

Keywords:   Diplomatic and Consular Premises Act, inviolability, mission premises, Yvonne Fletcher, national security

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