Legal status of land parcels of premises of diplomatic and consular missions
Land parcels under buildings within the territory of diplomatic and consular missions are parts of the respective premises Such land parcels are objects of both international and national law (as for the latter of the receiving state). According to international law, these land parcels falls within...
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Veröffentlicht in: | Moscow journal of international law 2008-03 (1), p.246-257 |
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Format: | Artikel |
Sprache: | eng |
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Zusammenfassung: | Land parcels under buildings within the territory of diplomatic and consular missions are parts of the respective premises Such land parcels are objects of both international and national law (as for the latter of the receiving state). According to international law, these land parcels falls within the concept of “premises” as defined by Vienna Convention on Diplomatic Relations of 1961 and Vienna Convention on Consular Relations of 1963. National law of the receiving state usually provides that such parcels of land are parts of the state territory and a natural resource of this state. Taking this into account the article is devoted to considering legal status of such lands as a significant example of interaction between international and national law. Numerous practical questions are posed as a result of such a consideration Lands leased or sold according to the international treaties entered into by a receiving state and a sending state or by a custom or by a civil transaction are nevertheless within the general scope of the above mentioned Convention of 1961 and Convention of 1963 relative to the granting immunities In spite of such international protection such lands do not cease to be part of the territory of the receiving state Civil and other national legislation of this state is applied to such lands insomuch as it does not contradict the international law Buildings and lands under and around them being “premises” are granted only functioned immunities, that is for facilitating diplomatic or consular functions of the accrediting state. The rental fee and other conditions of leasing for such lands under international treaties usually do not have anything in common with fees and other leasing conditions used under national law. The priority of diplomatic and consular law remains even in cases when the initial title was formed by legal act or fact under national law. |
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ISSN: | 0869-0049 2619-0893 |
DOI: | 10.24833/0869-0049-2008-1-246-257 |