With reference to your country .Discuss the important functions of diplomatic missions
By definition
diplomatic mission is a group of people from one state
or an international inter-governmental organisation (such as the United
Nations) present in another state to represent the sending
state/organisation officially in the receiving state. In practice, a diplomatic
mission usually denotes the resident mission, namely the office of a
country's diplomatic representatives in the capital
city of another country. As well as being a diplomatic mission to the country
in which it is situated, it may also be a non-resident permanent mission to one
or more other countries. There are thus resident and non-resident embassies. A
permanent diplomatic mission is typically known as an Embassy, and the
head of the mission is known as an Ambassador,
or High Commissioner.
The term "embassy" is commonly used also as a section of a building
in which the work of the diplomatic mission is carried out, but, strictly
speaking, it is the diplomatic delegation itself that is the embassy, while the
office space and the diplomatic work done is called the Chancery. Therefore,
the Embassy operates in the Chancery.
The members of a
diplomatic mission can reside within or outside the building that holds the
mission's chancery, and their private residences enjoy the same rights as the
premises of the mission as regards inviolability and protection
The staffs of
diplomatic missions consist of diplomatic personnel (attachés, secretaries, and
councillors), technical and administrative personnel who do not always have
official designations (office workers, secretaries-advisers, translators,
teletypists, stenographers, technical secretaries, and book-keepers, who do not
have diplomatic passport or rank), and service personnel (chauffeurs, maids,
guards, and cooks), who may be citizens of the country in which the mission is located
or of the accrediting state
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The major function of
diplomatic mission is Representation:
It is the function which permanent missions performed more visibly since their
establishment as organs of external relations of States. The representation
function means that diplomatic agents participate to events in public life,
standing for the sending State, i.e. the approval attitude which it assumes
with respect to significant moments in the public life of the country of
residence. The diplomatic mission doesn’t represent the chief of State nor the
Government, but the sending State as subject of international law. This is why
it is necessary to make a clear distinction between the function of
representation of a diplomatic mission and the juridical act of representation
in international law. International representation of States is a juridical
rapport on whose ground a State grants another State the right to fulfill
juridical actions towards a third State. Subsequently, in the case of
international representation we can identify three subjects of international
law. It is not the case of diplomatic mission, which is not a subject of
international law, but an organ that helps maintaining and developing relations
between two States as subjects of the diplomatic rapport.
.The second function of a diplomatic mission
is promoting friendly relations between
the sending State and the receiving State, and developing their economic,
cultural and scientific relations for example Zimbabwe and China negotiating
for mining equipment's to improve economic growth hence helping in increasing the national
gross domestic product.
The
functions of diplomatic missions, have changed surprisingly little during the
last 400 years. By Satow: The functions of a diplomatic mission is to represent
the sending state, to protect its interests and those of its nationals, to
negotiate with the government to which it is accredited, to report to the
sending government on all the matters of importance to it, and to promote
friendly relations inn general between the two countries. It must also
endeavour to develop, in accordance with the instructions it receives,
co-operation useful to its government in matters of commerce, finance,
economics, labour, scientific research and defence.
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The other function of a
diplomatic mission is Representing the sending State. Implementation of this
function serves the purpose of creating friendly environment for development of
foreign relations. It is ‘representation of a state’.Statements made by the
diplomats are regarded as the statements made by the sending State .The head of
mission and the mission itself are not only the representation of the sending
government, or the head of state, but of the sending state as a whole, as the
subject of international law . Done through the
acts of diplomacy: demarches . Protecting in the receiving State the
interests of the sending State and of its nationals, within the limits
permitted by international law.
Diplomatic protection is
also function diplomatic missions. In order to use means for diplomatic
protection in order to ensure that the person is treated in accordance with
binding law, certain conditions have to be met: Citizenship of the sending
state – Issue of dual citizenship and the factual bound: Nottebohm case –
Exhautions of legal means of appeal before the organs/courts of the receiving
state.
The other function of
diplomatic mission is to negotiating with the Government of the receiving
State; Article
7 of the Vienna Convention of the Law of Treaties Article 7. FULL POWERS A person is considered as representing a State
for the purpose of adopting or authenticating the text of a treaty or for the
purpose of expressing the consent of the State to be bound by a treaty if: (a)
He produces appropriate full powers; or (b) It appears from the practice of the
States concerned or from other circumstances that their intention was to
consider that person as representing the State for such purposes and to
dispense with full powers. 2. In virtue of their functions and without having
to produce full powers, the following are considered as representing their
State: (a) Heads of State, Heads of Government and Ministers for Foreign
Affairs, for the purpose of performing
all acts relating to the conclusion of a treaty; (6) Heads of diplomatic
missions, for the purpose of adopting the text of a treaty between the accrediting State and the State
to which they are accredited; (c)
Representatives accredited by States to an international conference or to an
international organization or one of its organs, for the purpose of adopting
the text of a treaty in that conference, organization or organ.
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