Classification of diplomatic agents / their functions And composition staff of diplomatic mission LLB Notes

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Classification of diplomatic agents /  their functions And composition staff of diplomatic mission;-

Definition of  Agent;-


Diplomatic agents are those persons who abide in foreign state as representatives of their own states.




Classification of Diplomatic Agents: -


Diplomatic agents may be classified as under: -

1. Ambassadors: - 


The personal representatives of the Head of the state are said to be
ambassadors.
And in the common wealth countries the representatives are said to be the High
Commissioners.
For example, the representative of Pakistan in India is called High
Commissioner.

The appointment of the ambassador is subjected to the assent of receiving state. In other words the person who is going to be appointed as a diplomatic envoy in a country it is necessary that he must porsona grata, for the receiving state. Other wise he should be refused. So, it is a duty of the sending state to send a report regarding the person to be appointed as diplomatic envoy to the receiving state.
Once a person has been accepted as envoy he should be given certain rights and communities.

For example, he has a right to claim the title of ‘Excellency’.

2. Ministers: -


 Ministers are other diplomatic officials accredited to the other countries, but ministers are not the personal representatives of the Head of the state. So, they receive less honour as compared to ambassadors. And they are not entitled to claim the title of ‘Excellency’. But if they were given this title it would be a matter of courtesy but not as a matter of their right. in other respects they are almost equal with ambassadors.

3. Charge d’ Affairs: -


 The officials accredited to foreign state by the foreign office to the foreign office. They are less important as compare to ambassadors and ministers. They do not enjoy honour and title as are available to ambassadors and ministers. They may either be appointed permanently or temporarily. But usually they are appointed temporarily.




Functions of Diplomatic Agents: - 


The functions of diplomatic agents may be derived from international law and municipal law of the concerned countries. The chief functions of the diplomatic agents may be given as under;

1. Representation: - 

The most important function of the diplomatic agents is to represent the state from where they have been sent in the state to whom they have been sent. They are actually the mouthpiece of the Head of the home state because they communicate with the host state the affairs of the home state.

2. Negotiation: - 


The other most important function which the diplomatic agents have to perform is the negotiation. They negotiate on various aspects on behalf of the sending state with the state to which they are accredited in order to maintain friendly relationship between the two. They are required to communicate the outcome of the negotiations to the sending state from time to time.

3. Protection: - 


Diplomatic agents protect the interests of the sending state and also of its nationals and their property within the limits permitted by International Law but by the municipal law and regulations of the sending state within which an envoy affords protection.

4. Observation: - 


Diplomatic agents are required to observe those happenings and events which may take place in the state where they are accredited, especially those which may have effecting the state by which they are sent. After making observations they are required to make periodical reports as well as special reports thereon to the government of the sending state.

5. Promotion of Friendly Relation:


 Diplomatic agents are required to promote friendly relations between the sending state and the receiving state. They also have a function to develop the economic, cultural and social relations between the two states.




Composition of Staff of Diplomatic Mission: - 


The composition of the staff of the diplomatic mission may be given as under:

There are following three categories of the diplomatic mission’s staff;

a). Diplomatic Staff: -


 The diplomatic staff is consisted on:

• The Head of the Mission,

• All mission personnels, possessing diplomatic ranks. These ranks holder personnals may be given as under;

• Military, naval and air attaches of their deputies.

• First, second and third secretaries.

• Attaches

• Secretaries in charge of archives.

b). Administrative and Technical Staff: - 


It is consisted on:

• Administrative assistants,

• Typists, and

• Other staff members performing administrative and technical functions.

And also includes Heads of offices of clerical services, accountants, translators.

c). Services Staff: - 


Services staff is consisted and includes: -

• Drivers, couriers, doorman, elevator operators, janitors, and

• Other persons performing domestic service functions in the mission.

Private Servants: - 


This category of the staff of the diplomatic mission are not the employees of the mission, rather they are the servants in the domestic service or personal service of the members of the mission.

Nationality of the Employees: -

 The members or the employees of the staff of

Diplomatic Mission shall be: -

• In case of diplomatic staff: -

• The nationals of the sending state, or

• The national of the receiving state or a third state only with the assent of the receiving state.

• In case of other categories of mission and private servants the employees or the members may be the nationals of:

  •  Sending state,
  •  Receiving state, or
  •  Any third state.

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