I. That certain obligations, such as the right of legation, have their origin in the law of nations. THUS far we have treated of rights for which we are indebted to the. Right of Legation - Download as Word Doc .doc /.docx), PDF File .pdf), Text File .txt) or read online. II RIGHT OP LEGATION Grotius, ii. c. 18— Vattel, iv. §§ — Hall, § 98— Phillimore, ii. §§ — Taylor, §§ — Twiss, §§ — Hershey.


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right of legation Through the 19th century and the early years of the 20th centurymost diplomatic missions were legations. An ambassador was considered the personal representative of his monarch, so only a major power that was a monarchy would send an ambassador and establish an embassy.

Diplomatic reciprocity meant that even a major monarchy would only establish a legation in a republic or a smaller monarchy. The establishment of the French Third Republic in and the continued growth of the Right of legation States meant that two of the Great Powers of the world were now republics.

The doyen or head of this body is usually the Papal Nuncio, if there is one, or the oldest ambassador, or, in the absence of ambassadors, the oldest minister plenipotentiary.

In the Philippines, it is the President who appoints [Sec. To avoid embarrassment, States resort to an informal right of legation [enquiry] as to the acceptability of a particular envoy, to which the receiving State responds with an informal conformity [agrement].

This informal process is known as agreation.

THE RIGHT OF LEGATION (CHAPTER XII) - A Guide to Diplomatic Practice

The main functions of a diplomatic mission are: Diplomatic immunities and privileges. Except as provided below, right of legation following diplomatic immunities and privileges shall be enjoyed by the envoy and the members of the diplomatic retinue, i.

The person of the diplomatic representative is inviolable; he shall not be liable to any form of arrest or detention. The receiving State shall right of legation him with due respect and take all steps to prevent any attack on his person, freedom or dignity.

In the Philippines, R. The UN Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons considers crimes against diplomatic agents as international, not political, in nature.

However, the diplomatic envoy may be arrested temporarily in case of urgent danger, such as when he commits an act of violence right of legation makes it necessary to put him under restraint for the purpose of preventing similar acts; but he must be released and sent home in due time.

The premises occupied by a diplomatic mission, as well as the private residence of the diplomatic agent, are inviolable. The agents of the receiving State may not enter without right of legation consent of the envoy, except in extreme cases of necessity, e.

Such premises cannot be entered or searched, right of legation neither can the goods, records and archives be detained by local authorities even under process of law. Even if a criminal takes refuge within the premises, the peace officers cannot break into such premises for the purpose of apprehending him.


right of legation The fugitive should, however, be surrendered upon demand by local authorities, except when the right of asylum exists. But if it is the ambassador himself who requests local police assistance, this privilege cannot be invoked [Fatemi v.

However, in Reyes v. Bagatsing, SCRAthe Supreme Court held as invalid the denial by the Mayor of the application for a permit to hold a public assembly in right of legation of the U.

Embassy, there being no showing of a clear and present danger that might arise as a result of such a rally.

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