Diplomatic Privileges and Immunities between Internal law and International Law (Comparative Study)

Authors

  • Mohammad Saleh Bani Issa Department of Political Science, Faculty of Law, Jadara University, Jordan https://orcid.org/0000-0002-3179-1613
  • Omar Hamdan Hadrami Prince Al Hussein bin Abdullah School of International Studies, the University of Jordan, Amman, Jordan
  • Enas Baher Dabbas Researcher in Political Science, the University of Jordan, Jordan

DOI:

https://doi.org/10.35516/hum.v50i2.4916

Keywords:

Diplomatic privileges and immunities, International Law, Internal Law, the state's Security and sovereignty

Abstract

Objectives: The study aimed, through an understanding of diplomatic immunities and privileges in the context of the relationship between domestic law and international law, to explain the commitment of states to international law in order to achieve their interests, which is not considered an encroachment on the sovereignty of the state.

Methods: The study used the legal, systems and comparative methods to answer the questions and test the hypothesis, on the basis that the hypothesis says that there is a correlation between diplomatic immunities and privileges and sovereignty.

Results: The study showed that the international immunities and privileges occupy one of the most important advanced position for the existing lawsuits between the Juridical, legal political disputes, and the social and serenity importance. Many studies and elaborations have addressed this issue and introduced different theories, that creates packages of legal disputes on the background of the sovereignty concepts,security, stability and independence from one side, and on the other side, the states international obligations, and its interest to live peacefully and cooperating with other countries.

Conclusion: The study concluded that immunizing the diplomatic envoy from judicial accountability and exempting him from sanctions is the basis of diplomatic immunities and privileges. The issue the state gives up some of its sovereignty becomes a matter of interest and scrutiny. Therefore, international law hastened in light of the growing relations to explain these immunities and privileges and assign them to Legal grounds agreed upon by states that require more cooperation and disregard for absolute sovereignty.

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References

Fauchille (1926): Droit International public en tvois tomes.

Brownlie, Ian (2003), Principles of public international law.

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Mosler, H. (1957), L'applicaion du droit international public par les tribunaux nationaux, R. C. A. D. I. L, Tomel.

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Rousseau, Charel, (1970), driot international public, Tomel, Sirey, Paris.

Wilson, E., Elifton (1967), Diplomatic Privileges and Immunities, University of Arizona press, Arizona.

Published

2023-03-30

How to Cite

Saleh Bani Issa , M. ., Hamdan Hadrami , O. ., & Baher Dabbas, E. . . (2023). Diplomatic Privileges and Immunities between Internal law and International Law (Comparative Study). Dirasat: Human and Social Sciences, 50(2), 1–15. https://doi.org/10.35516/hum.v50i2.4916

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Articles