Establishing a Case for Immunity from Jurisdiction

Abstract

States like its citizens and residents do not exist in silos. International relations catapulted by globalisation have created an increasingly interconnected global village. Irrespective of the populist backlash on globalisation, the importance of international relations has not vitiated, as a matter of fact, it has become even more relevant. However, one must understand the critical nuances of the international legal regime and especially the law which governs the actors/ agents of nations. States’ interaction is a double-edged sword. They seek the promotion of exports and also public relations (less euphemistically known as propaganda) while meandering over what must be done and what cannot be done. Since time immemorial, diplomats and other envoys have needed privileges and immunities for the effective performance of their functions in the receiving state. The preamble to the Vienna Convention recites 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 states’.