CHAPTER 7: THE RIGHT OF EXISTENCE AND

SELF-DEFENSE
Once a state comes into being. It is
invested with certain rights described as
fundamental.
Most important of these rights:
o Right of existence
o Self-defence
*It is important because all its other rights are
supposed to flow or be derived from it.
The presence of an Armed Attack to
justify the exercise of the right of selfdefence may be taken by a state only in
the face of a necessity of self-defense
that is instant, overwhelming and
leaving no choice of means and no
moment for deliberation
Right may be resorted only upon clean
showing of a grave and actual danger to
the security of the state
The best defense is offense Grotius
One might well argue now that the very
state of armed preparedness of a
nuclear power is per se a potent, if
latent.
THE CUBAN MISSILE CRISIS
The peace of the world and the
security of the US (had been)
endangered by reason of the
establishment by the Sino-Soviet
powers of an OFFENSIVE MILITARY
CAPABILITY in Cuba, including bases for
ballistic missiles with a potential range
covering most of North and South
America.
REGIONAL ARRANGEMENTS

Nothing in the present charter

precludes the existence of regional
arrangements.
REGIONAL ARRANGEMENTS Agencies for
dealing with such matters relating to the
maintenance of international peace and
security as are appropriate for regional action.
Example
of
Regional
Agency:
Organization of American States
Whose organ of consultation authorized
or ratified the action taken by the US.
THE BALANCE OF POWER
One reason for the organization of
regional arrangements is to provide for
the balance of power
An arrangement of affair so that no
state shall be in a position to have
absolute mastery and dominion over
others. Vattel
AGGRESSION Use of armed force by a state
against:
Sovereignty
Territorial Integrity
Political independence of other state
First use of armed forces shall
constitute prima facie evidence of
aggression
QUALIFY AS AN ACT OF AGGRESSION
1. Invasion/attack by armed forces of a
state of the territory of another state
2. Bombardment of armed forces
3. The blockade of parts/coasts of a state
by the armed forces of another state
4. Attack of sea, air forces, land etc.

5. Use of armed forces within the territory

of another State with the agreement of
the receiving State, in contravention of
the conditions provided for in the
agreement or any extension of their
presence in such territory beyond the
termination of the agreement
6. The action of a State in allowing its
territory, which it has placed at the
disposal of another State, to be used by
that other State for perpetrating an act
of aggression against a 3rd state
7. The sending by or on behalf of a State
of armed force against another State of
such gravity as to amount to the acts
listed above, or its substantial
involvement therein.

NATURE OF INDEPENDENCE
Freedom from control by any other
state or group of states and not
freedom from the restrictions that are
binding on all states forming the family
of nations.
Must
submit
to
limitations,
independence of a state is of necessity
restricted.
INTERVENTION
State must abstain from intervention. It
expects its independence to be
respected by other states, so too must
it be prepared to respect their own
independence.
Rights of independence carries with it
duty of non-intervention.

CHAPTER 8: THE RIGHT OF INDEPENDENCE

SOVEREIGNTY

2 INSTANCES WHEN THE USE OF FORCE IS

ALLOWED UNDER THE CHARTER OF THE UN:

Supreme, uncontrollable power inherent in a

state, the supreme power of the state to
command and enforce obedience

1. When such action is agreed upon in a

treaty
2. When requested from sister states or
from the UN

Enables the state to make its own

decision vis--vis other states and vests
it with competence to enter into
relation and agreements with them.
2 ASPECTS
1. INTERNAL SOVEREIGNTY Power of the
state to direct its domestic affairs
2. EXTERNAL SOVEREIGNTY The freedom
of the state to control its own foreign
affairs.
o External sovereignty is more
often
referred
to
as
independence.

Recent events have called for a reexamination of the law on intervention,

especially where intervention is based
on humanitarian grounds
Revolted by the inhumane plight of the
innocent victims, the UN sent a
contingent of military troops from
several countries, primarily the US.
THE DRAGO DOCTRINE
The contracting powers agree not to
have recourse to armed force for the
recovery of contract debts claimed from
the government of one country by the

government of another country as

being due to its nationals.

CHAPTER 9: THE RIGHT OF EQUALITY

Art. 2 of Charter of the UN: The
organization is based on the principle of
the sovereign equality of all its
members.
States are juridically equal, enjoy the
same rights, and have equal capacity in
their exercise. The rights of each one do
not depend upon the power which it
possesses to assure its exercise, but
upon the simple fact of its existence as
a person under international law.
ESSENCE OF EQUALITY
Does not signify parity in physical
power, political influence or economic
status or prestige
Equality does not even require equality
in the number of rights
All the rights of a State, regardless of
their number, must be observed and
respected
All States, big or small have an equal
right to the enjoyment of all their
respective attributes as members of the
family of nations
All members of UN have each one vote
in the General Assembly, all votes
having equal weight and are generally
eligible for positions in the various
organs of the UN
Par in parem non habet imperium
Even the strongest state cannot assume
jurisdiction over another state, no
matter how weak etc..
LEGAL EQUALITY VS. FACTUAL INEQUALITY

Not all states have equal eligibility with

regard to elective membership of the
Security Council
5 of them must be elected from the
African and Asian states and only 1 can
come from the Eastern European State.
In General Assembly, all members have
on vote regardless of the number of
people they separately represent.
CHAPTER 10: TERRITORY
TERRITORY Fixed portion of the surface of the
earth inhabited by the people of the state.
Must be permanent and indicated with
precision
Big enough to provide for the needs of
the population but not be so extensive
as to be difficult to administer/defend
from external aggression.
The Philippines is committed to the
renunciation of the war for territorial
aggrandizement but like other states, is
not precluded from acquiring additional
territories through any of the methods
permitted under the law of nations.
ACQUISITION AND LOSS OF TERRITORY
Territory may be acquired by:

Discovery
Occupation
Subjugation
Prescription
Cession
Accretion

Territory may be lost by:

Abandonment
Dereliction

Cession
Revolution
Subjugation
Prescription
Erosion
Natural causes

DISCOVERY AND OCCUPATION

Original mode of the acquisition by
which territory not belonging to any
state is placed under the sovereignty of
the discovering state.
Territory need not be to be uninhabited
provided it can be established that the
natives are not sufficient civilized and
can be considered as possessing not
rights of sovereignty but only rights of
habitation
Open seas and outer space are not
susceptible
to
discovery
and
occupation.
2 REQUISITES OF A VALID DISCOVERY AND
OCCUPATION
1. Possession
2. Administration
Possession must be claimed on behalf
of the state. Be effected through a
formal proclamation and the symbolic
act of raising the national flag in the
territory.
Mere possession will not suffice
INCHOATE TITLE OF DISCOVERY
Performs the function of barring other
states from entering the territory until
the lapse of a period within which the
discovering state may establish as
settlement thereon and commence to
administer it.

ISLAND OF PALMAS CASE

Discovery
alone,
without
any
subsequent act, cannot at the present
time suffice to prove sovereignty of
Island of Palmas.
An inchoate title could not prevail over
the continuous and peaceful display of
authority by another state for such
display may prevail even over a prior,
definitive title put forward by another
state.
CLIPPERTONE ISLAND CASE
Title was deemed acquired by France
over an island it had formally claimed
but had never administered. He
proclaimed and declared that the
sovereignty of the said island beginning
from that date belonged in perpetuity
to his majesty.
If a territory, by virtue of the fact that it
was completely uninhabited, from the
first moment when the occupying state
makes its appearance there, at the
absolute and undisputed possession of
that State, from that moment the
taking of possession is considered
accomplished and the occupation is
formally completed.
DERELICTION Territory is lost by dereliction
when the state exercising sovereignty over it
physically withdraws from it with the intention
of abandoning it altogether.
conditions must concur:
1. Acts of withdrawal
2. Intention to abandon

PRESCRIPTION Prescription in international

law requires long continued and adverse
possession to vest acquisitive title in the
claimant.
CESSION Method by which territory is
transferred from one state to another by
agreement between them. Acquisition of
territory by cession is usually effected by such
familiar transactions as sale, donation, barter or
exchange, and even by testamentary
disposition.
Examples are the purchase by the US of
Alaska from Russia in 1867, the gift by
Austria of Lombardy to France in 1859
SUBJUGATION Territory is deemed acquired
by subjugation when, having been previously
conquered or occupied in the course of war by
the enemy, it is formally annexed to it at the
end of that war.
Conquest alone confers only an
inchoate right on the occupying state;
it is the formal act of annexation that
completes the acquisition.
ACCRETION Mode of acquiring territory based
on the principle of accession cedat principali. It
is accomplished through both natural or
artificial processes, as by the gradual and
imperceptible deposit of soil on the coasts of
the country through the action of the water or,
more effectively, by reclamation projects like
those undertaken in Manila Bat and the polders
of Holland.
COMPONENT OF TERRITORY
1.
2.
3.
4.

Terrestrial domain
Maritime domain
Fluvial domain
Aerial domain

THE TERRESTRIAL DOMAIN

Land mass
THE MARITIME AND FLUVIAL DOMAIN
Bodies of water within the land mass
and the waters adjacent to the coasts
of the state up to a specified limit.
RIVERS MAY BE CLASSIFIED INTO:
1. National Rivers situated completely in
the territory of one state
2. Multi-national Rivers Flow through
the territories of several states
3. International Rivers is navigable from
the open sea and is open to the use of
vessels from all states
4. Boundary Rivers divided the
territories of the riparian states
THALWEG DOCTRINE In the absence of a
specific agreement between such states,
the boundary line is laid on the river. That
is, on the center, not of the river itself, but
of its main channel.
BAYS Well-marked indentation whose
penetration is in such proportion to the width
of its mouth as t contain land-locked waters and
constitute more than a mere curvature of the
coast.
THE TERRITORIAL SEA Belt of waters adjacent
to the coasts of the state, excluding the internal
waters in bays and gulfs, over which the state
claims sovereignty and jurisdiction
THE UN Conference on the Law of the Sea
3 international conferences have been
called to formulate a new of the sea.
The 1st conference was held in 1958 at
Geneva, Switzerland, and resulted in

the adoption of the Convention on the

Territorial Sea and the Contiguous
Zone, the Convention on the High Seas,
and the Convention on the Fishing and
the Living Resources of the High Seas,
and the Convention on the Continental
Shelf.
The new Convention provides among
others for a uniform breadth of 12
miles for the territorial sea, a
contiguous zone of 12 miles from the
outer limits of the territorial sea, and
an economic zone or patrimonial sea
extending 200 miles from the lowwater mark of the coastal state.
THE PHILIPPINE TERRITORIAL SEA
The claim of the Philippines to its
territorial sea was based on historic
right or title or as it often called, the
TREATY LIMITS THEORY.
The new Convention on the Law of the
Sea now limits our territorial sea 12
miles from the low water mark of our
coasts, as in the case of other states.
METHODS OF DEFINING THE TERRITORIAL SEA
1. NORMAL BASELINE METHOD The
territorial sea is simply drawn from the
low-water mark of the coast, to the
breadth
claimed,
following
its
sinuosities and curvatures but excluding
the internal waters in bays and gulfs.
2. STRAIGHT BASELINE METHOD Straight
lines are made to connect appropriate
points on the coast without departing
radically from its general direction.

United Kingdom questioned the use by

Norway of the straight baseline method
defining its territorial waters.
THE AERIAL DOMAIN
The airspace above the terrestrial
domain and the maritime and fluvial
domain of the state, to an unlimited
altitude but not including outer space.

CHAPTER 11: JURISDICTION

JURISDICTION Authority exercised by a state
over persons and things within or sometimes
outside its territory, subject to certain
exceptions.
JURISDICTION IS CLASSIFIED AS:
1. Personal
2. Territorial
JURISDICTION MAY BE EXERCISED BY A STATE
OVER:
1.
2.
3.
4.
5.
6.
7.
8.

Its nationals
Terrestrial domain
Maritime and fluvial domain
Continental shelf
Open seas
Aerial domain
Outer space
Other territories

PERSONAL JURISDICTION Power exercised by

a state over its nationals. Based on theory that a
national is entitled to the protection of his state
wherever he may be and is (Doctrine of
indelible allegiance)

FISHERIES CASE
JOYCE VS. DIRECTOR OF PUBLIC PROSECTION

 Defendant Lord HawHaw, challenged

his conviction in Great Britain for high
treason, contending that he was not a
British subject. It appeared that he had
lived in the country for 18 years and
misrepresented himself as its national
for the purpose of obtaining a British
passport that enabled him to go to
Germany where he was broadcast antiAllied propaganda.
o Although not a British subject,
he has by his own act
maintained the bond which
while he was within the realm
bound him to his Sovereign
TERRITORIAL JURISDICTION
Gen. Rule: state has jurisdiction over all persons
and property within its territory
STATE CANNOT EXERCISE JURISDICTION EVEN
WITHIN ITS OWN TERRITORY OVER:
1. Foreign states, heads of states,
diplomatic representatives, and consuls
to a certain degree.
2. Foreign state property: embassies,
consulates, and public vessels engaged
in non-commercial activities
3. Acts of state
o UNDERHILL VS. HERNANDEZ
Every sovereign state is bound
to respect the independence of
every other sovereign state,
and the courts of one country
will not sit in judgement on the
acts of the government of
another, done within its own
territory.
4. Foreign merchant vessels exercising the
rights of innocent passage or arrival
under stress.

INNOCENT
PASSAGE

Navigation
through
the
territorial sea of a state for the
purpose of traversing that sea
w/o entering internal waters
etc. as long as it is not
prejudicial to the peace, good
order or security of the coastal
sea.
o ARRIVAL UNDER STRESS
Involuntary entrance may be
due to lack of provisions,
unseaworthiness of the vessel,
inclement weather, or other
cases of force majeure, like
pursuit by pirates.
5. Foreign armies passing through or
stationed in its territories with its
permission.
6. Such other persons or property,
including organizations like the UN, by
agreement, waive jurisdiction.
LAND JURSIDICTION
Everything found within the terrestrial
domain of the state is under its
jurisdiction.
Nationals and aliens, including nonresidents, are bound by its laws.
The local state has exclusive title to all
property within its territory.
MARITIME AND FLUVIAL JURISDICTION
Internal waters of a state are
assimilated to the land mass and
subjected to the same degree of
jurisdiction
exercised
over
the
terrestrial domain.
Civil, criminal and administrative
jurisdiction is exercised by the flag state
over its public vessels wherever they

may be, provided they are not engaged

in commerce.
THE SCHOONER EXCHANGE VS. MCFADDON
National ships of war entering the port
of a friendly power open for their
reception are to be considered as
exempted by the consent of that power
from its jurisdiction
ENGLISH RULE The coastal state shall have
jurisdiction over all offenses committed on
board such vessels, except only where they do
not compromise the peace of the port.
FRENCH RULE Flag state shall have jurisdiction
over all offenses committed on board such
vessels, except only where the compromise the
peace of the port.
ANTONI CASE
Murder of a Frenchman by another
Frenchman on board a French merchant
vessel in a Mexican port did not disturb
the peace of the port.
WINDENHUS CASE
The murder of a Belgian by another
Belgian on board a Belgian merchant
steamer in the port of New Jersey was
of such a nature as to disturb
tranquillity and public order on shore or
in the port
Our own SC has held that the English
rule is applicable in this country.
It is the right of the coastal state to
enforce all its laws to the full extent in
its territorial waters.

U.S.S. PUEBLO INCIDENT An American vessel

was seized and its crew interned by North Korea
for alleged infringement of its territorial
waters.
ARCHIPELAGIC SEALANES Waters over which
foreign ships will have the right of passage as if
they were open seas. A foreign vessel need not
go around our internal waters but may use
these archipelagic sea lanes in negotiating the
distance from one point of the open sea to
another.
THE CONTIGUOUS ZONE
In a zone of the high seas contiguous to
its territorial sea, the coastal state may
exercise the control to: a) prevent
infringement of its customs, fiscal,
immigration or sanitary regulations
within its territory or territorial sea. B)
Punish infringement of the above
regulations within its territory or
territorial sea.
Contiguous zone ,may not, however,
extend more than 12 miles from the
coast of the state
1982 CONVENTION ON THE LAW OD
THE SEA Contiguous zone also extends
12 miles, but from the outer limits of
the territorial sea.
THE CONTINENTAL SHELF
a) To the seabed and subsoil of similar
areas adjacent to the coasts if islands
The coastal state has the sovereign
right to explore the continental shelf
and to exploit its natural resources.
It may erect on it such installations and
equipment as may be necessary.
THE PATRIMONIAL SEA

 The exclusive economic zone or the

patrimonial sea extends 200 nautical
miles from the coast or the baselines.
All living and non-living resources found
therein belong exclusively to the coastal
state.
OPEN SEAS
Available to the use of all states for
purposes of navigation, flying over
them, laying submarine cables or
fishing. In times of war, hostilities may
be waged on the open seas.
THE LOTUS CASE
A collision occurred on the high seas between a
French vessel Lotus and a Turkish vessel
Boz-Kourt. The Boz-Kourt sank and killed eight
Turkish nationals on board the Turkish vessel.
The 10 survivors of the Boz-Kourt (including its
captain) were taken to Turkey on board the
Lotus. In Turkey, the officer on watch of the
Lotus (Demons), and the captain of the Turkish
ship were charged with manslaughter. Demons,
a French national, was sentenced to 80 days of
imprisonment and a fine. The French
government protested, demanding the release
of Demons or the transfer of his case to the
French Courts. Turkey and France agreed to
refer this dispute on the jurisdiction to the
Permanent Court of International Justice (PCIJ).
HELD: The first principle of the Lotus case said
that jurisdiction is territorial: A State cannot
exercise
its
jurisdiction outside
its
territory unless it an international treaty or
customary law permits it to do so. This is what
we called the first Lotus Principle.

A STATE MAY EXERCISE JURISDICTION ON THE

OPEN SEAS IN THE FOLLOWING INSTANCES:
1. Over its vessels
2. Over pirates
3. In the exercise of the right of visit and
search
4. Under the doctrine of hot suits
AERIAL JURISDICTION
The consensus appears to be that the
local state has jurisdiction over the
airspace above it to an unlimited
height, or at the most up to where
outer space begins.
5 AIR FREEDOMS
1. The freedom to fly across foreign
territory without landing
2. The freedom to land for non-traffic
purposes
3. The freedom to put down traffic
originating in the state of the aircraft
4. The freedom to embark traffic destined
for the state of the aircraft
5. The freedom to embark traffic destined
for or to put down traffic originating in
a 3rd state.
CONVENTION ON OFFENSES AND CERTAIN
OTHER ACTS COMMITTED ON BOARD AIRCRAFT
It is the state of registration of the aircraft
that has jurisdiction over offenses and acts
committed on board while it is in flight or over
the high seas or any other area outside the
territory of any state
OUTER SPACE
Outer space, or the region beyond the
earths atmosphere, is not subject to
the jurisdiction of any state.

 Outer space shall be free for

exploration and use by all states
without discrimination of any kind.
Astronauts shall be regarded as envoys
of mankind.
CHAPTER 12: THE RIGHT OF LEGATION
THE EXERCISE OF THE RIGHT OF LEGATION
One of the most effective ways of
facilitating and promoting intercourse
among states.
Done through active right of receiving
them, states are able to deal more
directly and closely with each other in
the improvement of the mutual
interests.
AGENTS OF DIPLOMATIC INTERCOURSE
Diplomatic relations are normally
conducted through the head of state,
the foreign secretary or minister and
the members of the diplomatic service.
Head of state may also appoint special
diplomatic agents charged with specific
ceremonial or political duties.
ENVOY CEREMONIAL Sent to attend state
functions like a coronation or a jubilee
ENVOY POLITICAL Commissioned to negotiate
with a particular state or to participate in an
international conference or congress.
HEAD OF STATE
Represents the sovereignty of his state
He is entitled to certain immunities and
honours befitting his status
MIGHELL VS. SULTAN OF JOHORE Suit was
brought for breach of a promise to marry
allegedly made by the defendant we had

represented himself as a private individual. The

action was dismissed when he revealed his real
identity as head of an independent state.
THE FOREIGN SECRETARY
Immediate representative of the head
of state and directly under his control.
He can make binding declarations on
behalf of his state on any matter falling
within his authority
The foreign secretary is also the head of
the foreign office and has direction of
all ambassadors and other diplomatic
representatives of his government.
DIPLOMATIC ENVOYS
To whom the regular or day-to-day
conduct of international affairs is
entrusted.
Who are accredited by the sending
state as its permanent envoys to
represent it in the states with which it is
maintaining diplomatic relations
THE HEADS OF THESE DIPLOMATIC MISSIONS
ARE CLASSIFIED AS FOLLOWS BY THE
CONVENTION ON DIPLOMATIC RELATIONS,
WHICH WAS SIGNED AT VIENNA IN 1961:
1. Ambassadors
2. Envoys
3. Charges daffaires
DIPLOMATIC CORPS Body consisting of the
different diplomatic representatives who have
been accredited to the same local receiving
state. The diplomatic corps does not possess
any legal powers or attributes.
Functions of Diplomatic Missions:
1. Representing sending state in receiving state

2. Protecting in receiving state interests of

sending state and its nationals
3. Negotiating with government of receiving
state
4. Promoting friendly relations between sending
and receiving states and developing their
economic, cultural and scientific relations
5. Ascertaining by all lawful means conditions
and developments in receiving state and
reporting thereon to government of sending
state
6. In some cases, representing
governments at their request

friendly

CONDUCT OF DIPLOMATIC MISSION

The diplomatic agent must exercise the
utmost discretion and tact, taking care
always to preserve the goodwill of the
sending state and to avoid interference
with its internal affairs.
His mission is also under no
circumstance to be used for espionage,
the dissemination of propaganda
against the receiving state, or
subversion of its government.
DIPLOMATIC IMMUNITIES AND PRIVILEGES
His privileges and immunities are
necessary to give the envoy the fullest
freedom or latitude in the exercise of
his official functions.
PERSONAL INVIOLABILITY
The envoy is regarded as sacrosanct and
is entitled to the special protection of
his person, honor and liberty.
DIPLOMATIC
CONVENTION:
The
person of a diplomatic agent shall be
inviolable. He shall not be liable to any
form of arrest or detention. The
receiving state shall treat him with due
respect and shall take all appropriate

steps to prevent any attack on his

person, freedom or dignity
The envoy cannot complain if he is
injured because he himself caused the
initial aggression.
The local authorities may also, in
exceptional cases, lay hands on him if
he has committed an act of violence
and it is necessary to place him in
preventive restraint.

IMMUNITY FROM JURISDICTION

Diplomatic agent shall be immune from
the civil, criminal and administrative
jurisdiction of the receiving state except
in a few specified cases.
HE SHALL ALSO ENJOY IMMUNITY FROM ITS
CIVIL AND ADMINISTRATIVE JURISDICTION,
EXCEPT IN THE CASE OF:
a. A real action relating to private
immovable property situated in the
territory of the receiving state, unless
he holds it on behalf of the sending
state for the purposes of the mission.
b. An action relating to succession in
which the diplomatic agent is involved
as executor, administrator, heir or
legatee as a private person and not on
behalf of the sending state.
c. An action relating to any professional or
commercial activity exercised by the
diplomatic agent in the receiving state
outside his official functions.
Immunity from jurisdiction may be
waived expressly by the sending state
WHO VS. AQUINO
Diplomatic immunity is essentially a political
question and courts should refuse to look

beyond a determination by the executive

branch of the government, and where the plea
of diplomatic immunity is recognized and
affirmed by the executive branch of the
government as in the case at bar, it is then the
duty of the courts to accept the claim of
immunity upon appropriate suggestion by the
principal law officer of the government, the
Solicitor General in this case, or other officer
acting under his direction.
INVIOLABILITY OF DIPLOMATIC PREMISES
The premises of the mission shall be
inviolable. The agents of the receiving
state may not enter them except with
the consent of the head of mission.
INVIOLABILITY OF ARCHIVES
The receiving state has no right to pry
into the official papers and records of a
foreign diplomatic mission.
the archives and documents of the
mission shall be inviolable at any time
and wherever they may be
INVIOLABILITY OF COMMUNICATION
The receiving state shall permit and
protect free communication on the part
of the mission for all official purposes.
In communicating with the government
and other missions and consulates of
the sending state, wherever situated,
the mission may employ all appropriate
means including diplomatic couriers
and messages in code or cipher.
EXEMPTION FROM TESTIMONIAL DUTIES
A diplomatic agent is not obliged to
give evidence as a witness

He is not prohibited by international

law from doing so and may waive this
privilege when authorized by his
government.
The Dutch envoy to Washington
invoked this right 1856 when he
rejected a request to testify in
connection with a homicide committed
in his presence and for the prosecution
of which his testimony we necessary.
EXEMPTIONS FROM TAXATION
Also from social security requirements
under certain conditions.
Personal baggage is also free from
inspection unless there are serious
ground
THE DIPLOMATIC SUITE OR RETINUE
Immunities and privileges are available
not only to the head of mission and his
family but also to the other members of
the diplomatic retinue, albeit not in the
same degree.
DURATION
Every person entitled to diplomatic
privileges and immunities shall enjoy
them from the moment he enters the
territory of the receiving state on
proceeding to take up his post or, if
already there, from the moment his
appointment is notified to the foreign
ministry.
When his functions have to come to an
end, his privileges and immunities shall
normally cease from moment he leaves
the country or on expiry of a reasonable
time in which to do so, but shall subsist
until such time even in case of armed
conflict.

 In the exercise of his official functions,

immunity shall continue indefinitely as
it is supposed to have attached to him
personally but to the state he was
representing
TERMINATION OF DIPLOMATIC MISSION
Usual methods of terminating official
relations: death, resignation, removal,
abolition of the office, etc. these are
governed by municipal law.
The more important modes are RECALL
and DISMISSAL
RECALL May demanded by the receiving state
when the foreign diplomat becomes persona
non grata to it for any person.
DISMISSAL The offending diplomat is simply
asked to leave the country.
The outbreak of war between the
sending and receiving states terminates
their diplomatic relations.
As for the change of the govt.,
diplomatic relations are not disturbed if
the change is peaceful but may be
suspended where it is effected by
means of violence