النظام القانوني لبعثات رعاية المصالح في القانون الدولي الدبلوماسي

The legal system for interests-seation missions in international diplomatic law

Abstract

Research into any topic of international diplomatic law leads us to one fact, which is that public and private interests between states must be preserved even in the darkest circumstances. Therefore, since their emergence, states have intended to establish diplomatic relations and establish missions with their various names in order to maintain communication to protect and develop interests. common among them, but these relations may not continue for several reasons, including the severing of relations, or the fact that the relations were not established in the first place due to the state’s newness or its lack of financial capacity, which may expose the interests of these countries to danger, and as a result of these risks, countries resorted, under this hypothesis, to devising a means Diplomacy for communication and interests protection, which are “interests protection missions” aimed at reconciling two interests: the first is represented by the interests that states may achieve when severing or terminating relations, and the second is to preserve their interests and the interests of their nationals through this channel. In order to understand the subject, we decided to divide the study into Three chapters. In the first, we discussed (the nature of interests missions), in the second chapter we discussed (the legal provisions for interests missions), and in the third chapter we discussed (the implications of establishing interests missions).
It has become clear to us that interest-stakes missions are established through the agreement of three countries: the receiving state (the recipient), the sponsoring state, and the beneficiary state (which operates under the flag of the sponsoring state on the territory of the receiving state). These missions also went through stages of development and advancement, as they did not remain confined. The texts of the Vienna Convention, and in practice, have produced a contemporary appearance for missions, different from what was stipulated in the Convention, especially at the level of the human system, as the tasks of protection and care were transferred from the employees of the sponsoring state to the employees of the beneficiary state, but under the flag and emblem of the sponsoring state.
As it has become clear to us, in order for these missions to carry out their duties to the fullest extent, they must be granted diplomatic exemptions and privileges, without which their members become powerless on the territory of the receiving state, with some exceptions and restrictions that may be imposed by the receiving state on the employees of the beneficiary state, including: Preventing them from moving outside the area allocated to them, or raising the flag or emblem of their country.
In addition, we have concluded that these exemptions may be misused by members of the interests section mission, which creates responsibility for the sponsoring state and the beneficiary state, whether within the scope of public or diplomatic international law.
We also proposed to include the Vienna Convention of 1961, the contemporary appearance of the Interests Sectional Mission, because of its great importance in strengthening relations between countries and preserving common interests. We also called for the necessity of stipulating the exemptions that these missions enjoy, along with the necessity of their commitment to respecting the laws and regulations of the receiving state and not Abusing the rights and exemptions granted to her.