Inviolability of Diplomatic Premises:. Recognition of Limitations under Current International Law Regime

      Аннотация: This monograph deals with one of the oldest and most significant principle of diplomatic law – the inviolability of diplomatic premises. While providing an overview of the system of legal sources related to the aforementioned principle and a brief outline of what constitute diplomatic premises, this monograph primarily focuses on the possible limitations of this type of inviolability under the current international law regime. In particular, scenarios when human rights, national security, diplomatic asylum, abuse of immunity, personal inviolability and other provisions may place limits on the inviolability of diplomatic premises are analysed. In addition, it is suggested that the degree of the inviolability of diplomatic premises should depend on the type of premises and the significance of the diplomatic functions carried out there. Proposals of more formal legal recognition (on the national and international levels) of the existing limitations on the inviolability of diplomatic premises are also provided.

Ключевые слова: Diplomatic law, inviolability of diplomatic premises, abuse of diplomatic inviolability, diplomatic asylum, limitations on the principle of diplomatic inviolability, theory of functional necessity