Overview
- Current and up-to-date work
- Provides a comprehensive study on the issue
- Deals with diplomatic asylum specifically and holistically
- Both assesses and proposes viable solutions to the problem of diplomatic asylum
- Explores the practice from a developmental perspective
- Makes an innovative contribution to the existing literature
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Table of contents (7 chapters)
Keywords
- Diplomatic Asylum
- Embassy Asylum
- Extraterritorial Asylum
- Diplomatic Relations
- International Diplomatic Law
- International Human Rights Law
- Julian Assange
- International Court of Justice
- Vienna Convention on Diplomatic Relations
- customary international law
- Diplomatic Practice, Asylum and International Law
- political asylum
- regional treaty law framework of Latin America
About this book
Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law.
In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations.
In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomaticlaw with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum.
This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.
Authors and Affiliations
About the author
Bibliographic Information
Book Title: Diplomatic Asylum
Book Subtitle: Exploring a Legal Basis for the Practice Under General International Law
Authors: Laura Hughes-Gerber
DOI: https://doi.org/10.1007/978-3-030-73046-8
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021
Hardcover ISBN: 978-3-030-73045-1Published: 13 May 2021
Softcover ISBN: 978-3-030-73048-2Published: 14 May 2022
eBook ISBN: 978-3-030-73046-8Published: 12 May 2021
Edition Number: 1
Number of Pages: XVIII, 230
Number of Illustrations: 1 b/w illustrations
Topics: Public International Law , Diplomacy, Human Rights