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diplomatic asylum |
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The granting of refuge in diplomatic (and by extension in consular) premises to fugitives from the authority of the receiving state when they are deemed by the sending state to have given political rather than criminal offence. But whether a sending state is entitled to grant such asylum is controversial, not least because receiving states jib at allowing sending states to suggest that an alleged criminal is in fact a victim of political persecution. Hence no general agreement has been reached on the subject. However, it is always open to a limited number of states to agree among themselves on a right of diplomatic asylum, or to develop customary law to that effect as among themselves, very possibly on a regional basis. It is frequently said that such regional rules exist in Latin America. Notwithstanding the lack of general agreement, diplomatic asylum is very occasionally given. It may be suggested that states are uneasy about agreeing to such a right (because of its reciprocal implications), but do not wish to impede their freedom to grant diplomatic asylum in exceptional circumstances. It should be noted that the issue of diplomatic asylum refers to a right which may be enjoyed by states; there is no question of a fugitive having the right to demand asylum. See also special international customary law. |
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| Other Terms : transnational corporation (TNC) | bout de papier | freedom of communication |
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