Diplomatic Immunity Essay Example | Topics and Well Written Essays - 1500 words

Diplomatic Immunity - Essay Example Yet because of ambiguities in the interpretation of the said international agreement, abuses of diplomatic immunities have become inevitable. These abuses of power and privilege range from petty crimes like traffic violations and debt to more serious crimes of conspiracy, rape, and murder. Because of this, efforts to clarify the extent and provisions of Diplomatic Immunity should take place. This paper will then attempt to provide suggestions on how to resolve and prevent abuses of diplomatic immunities. Diplomatic immunity, as agreed upon by the standards of international law, is a form of legal exemption extended to a country's diplomats. This entitles the diplomats and their immediate families to be exempted from the laws and local courts of the host country. Some of the general provisions of diplomatic immunity guarantee that the diplomats and their immediate families: "may not be arrested or detained, may not have their residences entered or searched, may not be subpoenaed as witnesses, and may not be prosecuted." (eDiplomat, 2006) The 1958 Yearbook of International Law Commission, as cited in Vrk (2003), mentions three theories about the legal bases of diplomatic immunity. ... ntatives of a sending state, the diplomats should also be given the same independence as a receiving state would have negotiated with the sending state itself. These two theories, of course, have long been deduced to legal fictions with all the faulty assumptions. The accepted theory behind diplomatic immunity now lies in the "theory of functional necessity." This theory is based on the need of diplomatic missions and diplomats to efficiently perform their duties and responsibilities according to what their country requires from them, without apprehensions of being criminally charged by the receiving state. For instance, diplomats are able to initiate unfounded penal proceedings without hindrances from the receiving state because of diplomatic immunity. According to eDiplomat (2006), "Diplomatic immunity is not meant to benefit individuals personally; it is meant to ensure that foreign officials can do their jobs. Under the concept of reciprocity, diplomats assigned to any country in the world benefit equally from diplomatic immunity." This assumption that diplomatic immunity would be reciprocally observed between sovereign states justifies the seemingly biased scales of justice. The rationale why countries agree to be dependent on a foreign country's decision before prosecuting a diplomat in their own territory is based on the fact that these countries are both receiving and sending diplomats. This means that they also have their own diplomats' immunity at stake in different countries across the globe. It is clearly stated in the preamble of the Vienna Convention on Diplomatic Relations that "the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing

MPH502-Introduction to Public Health (Module 4 CBT) Essay

MPH502-Introduction to Public Health (Module 4 CBT) - Essay Example ation of chosen parameters from that of the ‘best’ group from all groups under study and is generally calculated in terms of adverse events wherever possible. Thus a higher percentage generally implies a comparatively more adverse situation. Health indicators for American Indian or Alaska Native Population were the best with regard to exposure to ozone, lowest number of deaths due to stroke and occurrence of hepatitis, diabetes, tuberculosis, gonorrhea and syphilis. But in areas as health insurance coverage among persons under age 65, new AIDS cases, infant deaths and deaths of persons aged 15 to 24 years the situation twice as worse as the best group. Data are available for the combined Asian or Pacific Islander population reveal that the group has best rates in death due to cancer, injury and violence prevention and, maternal, infant, and child health. However, this group is twice as worse than the best group in HIV testing among tuberculosis patients aged 25 to 44 years and congenital syphilis. The Hispanic population was the best in nutrition, tobacco use and injuries related to violence. But this group was twice as worst as the best group in health insurance coverage among persons under age 65 years, source of ongoing care, new AIDS cases and HIV infection deaths, new cases of tuberculosis, congenital syphilis and primary and secondary syphilis. (Midcourse Review: Healthy People 2010, 2007) Though biologic and genetic characteristics of American Indian or Alaska Native Population, Asian or Pacific Islander population or Hispanic population do not provide any categorical indication, major health disparities are observed between these groups and the white, non-Hispanic population in the United States leading one to conclude that race and ethnicity do play a significant role in health indicator disparities. Income and education, on the other hand are more ostensibly related to health indicator diversities. Generally, populations that are the poorest and