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Comments (3)


Michael Welsh (not verified) May 27, 2014

Very helpful initiative to blog-post the webinar. Sorry I was unable to participate - look forward to seeing part II.

Hannah May 29, 2014

This is a fascinating subject. It seems that diplomatic immunity and protection issues are dependent largely on the legal system of each particular state, despite the fact that the rules are contained in international conventions. Why is this not more widely known?

Alan Franklin (not verified) June 04, 2014

I think Hannah’s question needs to be approached from the following perspective: While international law is a common topic of discussion, few people really understand it from a domestic law perspective. For example, international law is a popular subject at the various law schools worldwide, but few of those courses discuss the domestic ramifications of international law. You can understand international treaties and conventions as existing on a different plain than domestic law – international law binds states, and domestic law applies to individuals. The intersection between these 2 plains is rarely discussed and not well understood, particularly as it relates to common law jurisdictions such as USA, UK, Canada, Australia etc. The majority of lawyers in those countries have no understanding of the relevance of international law in their own legal systems – it is not something that is taught at law schools. In most civil law countries, international law automatically becomes the law of the country, so it is assumed by most people that this concept applies universally, which is false. For example, it is common to discuss human rights from the international perspective, but not to study how those treaties become part of the domestic law of a country. In common law countries, the treaty must be implemented through legislation passed by the legislature of the country. In many cases, either the legislation is not passed (as is the situation with the VCCR in USA) or the legislation is passed but with changes to the wording of the treaty (as is the situation with the VCDR in Canada and the USA).

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