International Legal Issues - Essay Example

Name: xxxxxxxxxxx Course: xxxxxxxxxxx Institution: xxxxxxxxxxx Title: International Legal Issues Date: xxxxxxxxxxx @ 2010 International Legal Issues Introduction This paper seeks to give a brief summary of an incident involving the Ambassador of Brigadoon on March 20, 2010. It will give a comprehensive analysis of the international legal issues revolving around this incident in reference to the Vienna Convention on Diplomatic Relations and other international custom laws. Moreover, the paper will contain the recommended course of action that should be taken by the Director General in order to avert such incidences from occurring in the near future. Analysis of legal issues Chapter 3 of the WCO General Annex, gives specific provisions on be what should done in regards to the required security standards. These provisions establish that customs shall maintain the national and international agreements in order to ensure that there are higher levels of security and international cohesion1. It is therefore a common practise of customs to conduct thorough security checks. Following the September 11 incident the WCO adpated new resoltions on security practices. The adpated resolutions provided that customs administrators should focus on ensuring supply chain security to the possible maximum extent. Therefore, the World Customs Organization greatly prioritises on implementating thorough security mesures within the customs community2 Evidently, the main issue in the above incident lies on whether it was justifiable for the customs officer at the airport to stop the ambassador and his wife and thereafter conduct a security check regardless of their protests. We are caused to question, should dignitaries or diplomatic agents be subjected to the routine security checks like other persons? Do they have privileges or exemptions as far as security examination procedures are concerned? Moreover, are their spouses or close family members entitled to the same privileges or exemptions? Similarly, we are caused to question whether it was necessary for the ambassador to use a luggage suit with official markings so as to give a clear impression of his status. In this case the ambassador used a Samsonnite suitcase that did not have any official markings. His luggage only had the first class tag, baggage tag and a label showing his name. As a result, the customs officers at the airport were not aware of his status. Following the reaction of the drug detector dog the customs officer in attendance stopped both he ambassador and his wife and requested that they should proceed with him to the baggage examination area so that their luggage can be scrutinized again. The fact that the Protocol Department of the Foreign Ministry did not notify the Customs administration about the arrival of the ambassador into the country causes the concern of breach of duty on the part of the Protocol Department of the Foreign Ministry. Furthermore, an official delegation was not present at the airport to receive the ambassador and his wife. Was it necessary or important for the Protocol Department of the Foreign Ministry to inform the customs’ administration at the airport about the arrival of the ambassador? The customs administration at the capital international airport was also not aware that the embassy vehicle and its driver were waiting outside the airport waiting to pick the ambassador and his wife. This further raises the concern on whether it was necessary or imperative for an official delegation to meet the ambassador at the airport on his arrival into the country. Vienna Convention on Diplomatic Relations The 1961 Vienna Conventions on Diplomatic Relations is inherently a n international agreement that provides a frame work for promoting diplomatic relations among different countries. It has provisions on the privileges and immunities that should be upheld in regard to diplomatic agents such as the ambassadors. Given the fact that both Saudia Arabia and Brigadoon are both members of the Vienna convention the stipulation of the 1961 Vienna Convention on Diplomatic Relations are applicable in analyzing the above incident. For example, the 1961 Vienna Convention on Diplomatic Relations under Article 27 provides that diplomatic agent have certain privileges. In reference to Article 27, diplomatic luggage should not be detained. The luggage of a diplomat should have visible external markings indicating their status. A diplomat such as the ambassador and his wife are entitled to the privilege of inviolability and should therefore not be subjected to any form of detention or security examination. In the above incident, the ambassador’s luggage did not have any official markings showing his status, therefore the customs officer was not aware of his status, and as a result the privileges of the ambassador according to Article 27 of the 1961 Vienna Convention on Diplomatic Relations were not upheld. However, the claims of the customs officer, that the status of the ambassador was not pertinent in determining whether extensive security checks should be carried out contradicts the provisions of this article. Apparently, the provisions of the 1961 Vienna Convention on Diplomatic Relations exempt diplomatic agents from undergoing such security checks at the airport3. According to the Vienna Convention on Diplomatic Relations, the fact that the customs officer at the airport stopped and inspected the luggage of the ambassador can be considered as a violation of the rights and privileges of the ambassador and his wife. The Vienna Convention on Diplomatic relationships gives provisions on diplomatic intercourse, immunity, and privileges that are geared towards promoting friendly relations among nations. Article 10 of the Vienna Convention on Diplomatic Relations further provides that the Foreign Affairs Ministry of the receiving states should be informed of the arrival, departure of a diplomatic figure such as the ambassador. 4These notifications should be done prior to the arrival or departure of the diplomatic agent. . In the above incident the Foreign ministry did not inform the customs administration of the arrival of the ambassador into the country thus breaching the agreements of the Vienna Convention on Diplomatic Relations. In addition, the 1961 Vienna Convention on Diplomatic Relations under Article 40 stipulates that if a diplomatic agent such as the ambassador should be accorded inviolability immunities. The same should be done if he or she accompanied by any of his family member. In such circumstances the states should not prevent the passage of the diplomatic agent and their family through its territories. Following the incident that occurred at the capital international airport it is evident that these provisions were violated since both the ambassador and his wife hindered from proceeding through the Green exit channel. Despite of their protests they were ordered to proceed to the luggage examination area whereby the ambassador’s luggage was opened and rummaged through.5 According to the provisions of the Vienna Convention of Diplomats, ambassadors are deemed as persons representing the dignity of their particular state. Therefore they are entitled to immunity and privileges in certain contexts that are as well extended to their families or close relations. Article 22 of the Vienna Convention on Diplomatic Relations further provides that the premises of an agent on a diplomatic mission such as the embassy must not be accessed by the host country without the permission of the head diplomatic agents. Their premises are inviolate of any search, this provisions extends to the access of their property without permissions. Based on this provisions it is apparent that the rights of the ambassador and his wife were violated since they were subjected to an involuntary security inspection that involved opening their luggage and rummaging through its content6. Article 29 of the Vienna convention on Diplomatic Relations further stipulates diplomatic agents such as ambassadors should not be subjected to any form detention or arrest. They should also be exempted from any criminal or civil prosecution nevertheless under Article 32 and Article 34 their country of origin is given this right. Article 32 of the Vienna convention on Diplomatic Relations stipulates that the immunity that a diplomatic agent enjoys in the host country can be waived by their country of origin. Article 34 also cites that diplomatic agents are exempted from customs duties and other taxes. Under Article 37 of these agreements on diplomatic relations the family members of a diplomat living in the host country enjoy equal privileges, protections and exemptions that that the diplomatic agent is entitled. The recommended course of action In order to avert such incidences form reoccuring in the future, it is essential that customs administrations should adapt regulations that seek to provide a solid frame work on the approved international security standards and practices. These regulations help in the execution of international requirements in regards to security measures at the airport. Furthermore, there is need for rigorous and un ambiguous stipulations of security measures at the airport. Adequate provisions of ensuring that security measures are effectively been practiced should as well be put into place7 The Protocol Department of the Foreign Ministry needs to take responsibility for not informing the customs on the arrival of the ambassador. Relationships between the customs community and the other relevant counterparts such as the Foreign Ministry should be instituted and maintained. Communication channels between these two parties should be improved such that the customs is informed on the arrival on foreign dignitaries so that it is able to implement advance security checks and avoid causing inconveniences to the dignitaries. The custom should acknowledge and uphold the status of dignitaries nonetheless security measures should not be compromised8 Moreover, it is essential for the customs administrator at the airport to create awareness to the general public concerning the concept of customs control, the recommended practices and transitional standards that are embodied in the National legislations in regard to security measures at the airport. The public should be made aware of the local and international agreement on security enforcement strategies at the airport. By creating awareness on these issues the public will not be appalled or feel victimized whenever they are caused to undergo extensive security checks. Conclusion A formal apology should be given to both the ambassador and his wife by the customs control of the capital international airport. This is mainly because according to the provisions of the Vienna Convention on Diplomatic Relations under Articles 10, 27, 32 34 and 40 their rights and privileges were violated. According to the stipulations of these Articles, the ambassador and his wife should be exempted from security checks, any form of detention or persecution. In reference to these stipulations it is apparent that their privileges were violated when the customs officer at the airport stopped them and subjected the ambassador’s luggage to a security inspection. Therefore the customs administration at the Capital international airport should issue a formal apology to the ambassador and his wife. Bibliography Geoffrey, J, 1992, Administrative penalties: Customs Act 1901, Part XIII, Division 4, Volume 51 of Discussion paper, Australian Law Reform Commission publishers, Sydney. Graham, A, 2008, Managing Airports: An International Perspective, Butterworth Publishers, New York. 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