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Topic 5 State Jurisdiction

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The topic of State jurisdiction involves civil jurisdiction and criminal jurisdiction.

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13 Pages Partial Study Notes > 2 Years old
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Topic 5 State Jurisdiction
Topics this document covers:
Legal immunity Law International relations International law Global politics Immunity from prosecution International criminal law Sovereign immunity Diplomatic immunity Jurisdictional Immunities of the State State immunity Diplomatic law
This is a Partial Set of Study Notes

Partial Study Notes typically cover only single topics of a unit of study or do not cover multiple topics in significant detail. They are generally less than 20 pages in length.

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Topics this document covers:
Legal immunity Law International relations International law Global politics Immunity from prosecution International criminal law Sovereign immunity Diplomatic immunity Jurisdictional Immunities of the State State immunity Diplomatic law
Sample Text:
DIPLOMATIC IMMUNITY AND INVIOLABILITY • Immunity is a PROCEDURAL bar to jurisdiction, does not absolve nor override the jurisdiction • Main source = (VCDR) Vienna Convention on Diplomatic Relations 1961, 500 UNTS 95 • VCDR have the force of law in Aus and external territories o Limited to Art 1, 22-23, 27-40 VCDR o Diplomatic Privileges and Immunities Act (DPIA) 1967 (Cth) s 7(1) • Art 1 VCDR o (e) Diplomatic agent = head of the mission or a member of the diplomatic staff of the mission o Head of mission = person charged by the sending state with the duty of acting in that capacity o Premise of the mission = building and land (irrespective of ownership) used for the purposes of the mission 1. Rationale of diplomatic immunity • Purpose: facilitate international diplomacy, balancing...
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