Special Duty to Protect the Mission Premises from Intrusion - 4125 Words

The Receiving State is Under a Special Duty to Protect the Mission Premises from Intrusion or Damage or Impairment of its Dignity (Essay Sample) Content: The receiving state is under a special duty to protect the mission premises from intrusion or damage or impairment of its dignityNameCourseDateIntroductionA receiving state is one that hosts diplomatic missions sent by their respective countries or by international nongovernmental organizations such as the United Nations to serve a certain purpose. When these diplomatic missions arrive at the host country, there are several laws that have been put in place that govern how they are handled and treated during the entire time of their assignment. In most cases, diplomatic missions will put up in the capital cities of the host countries. These are referred to as resident missions. There is a different group that may not necessarily have been permanently situated in the host countries and are referred to as non-resident missions. Using these definitions, this paper analyses the responsibility of the receiving state towards the missions, such as protecting their premises fr om intrusions or damage or any activities and occurrences that may strip them of or impair their dignity.[Nierop, Tom.Systems and regions in Global politics: An empirical Study of diplomacy, international organization and trade 1950-1991. John Wiley Sons Incorporated, 1994.] Diplomatic MissionsIn order to better analyze the question, it is essential to first completely understand diplomatic missions, their roles in the receiving states and al that pertains to their existence within these countries. Generally, the role of diplomatic missions in the receiving state is to represent the sending state in the former. They are also tasked with protecting the interests of the sending states in the countries that they are sent to. They are also supposed to protect and look out for the welfare of the national of the sending state who are residents of the receiving sates, although this comes with the requirement that it be done within the boundaries of the international law, which will be dis cussed further later in this paper.[Deak, Francis. "Immunity of a Foreign Mission's Premises From Local Jurisdiction."The American Journal of International Law23, no. 3 (1929): 582-594.] Diplomatic missions are also tasked with maintaining good relations between the sending and receiving states, which sometimes may call for negotiations between the two parties. They also look out for any developments in the receiving states and report them to the sending state. They are also to take part in any other activities that will bring good relations and developments of the sending state without harm to the receiving state.Diplomatic missions put up in offices located in the capital cities of the receiving states. These premises are often referred to as embassies, except in cases where the sending and receiving states are both members of the commonwealth, in which case the premises are called High Commissions. The reason is that there are certain special relationships that exist between them that may not be enjoyed by those that are not members. For example, members of commonwealth are supposed to look after and protect one another. A commonwealth member would be expected to look out for citizens of other member countries when they do not have offices in the receiving states.There are times where one city may host more than one embassy from the same country or from the same organizations. A good example of this is the United Nations in many countries. In Kenya, the United Nations has its High Commission based in Nairobi. However, there are also premises within the same city that belong to branch organs of the united nations such as the United Nations high commission for refugees. The same case is in Rome where the UN has offices both in Italy and in the Holy See which has located inside Rome. In such instances, the two are under no obligation to occupy one premise. They thus have different premises and are headed by different ambassadors.There are times that certain co untries may have offices within a receiving state but are not recognized. These are countries whose situation was not stipulated in the Vienna Convention on Diplomatic Relations and at times they may not have made any claim to them being sovereign states. In these instances they may serve some of the functions of diplomatic missions such as looking out for the welfare and interests of their citizens. It is important to note that they are thus not seen as diplomatic missions and their members are not accorded diplomat visas. There are certain privileges that they may however enjoy that may be similar to those accorded diplomatic missions. All the rules and regulations that govern receiving and sending states in the issue of diplomatic missions are given in the Vienna Convention on Diplomatic Relations.Vienna Convention on Diplomatic RelationsThis is an international treaty that was signed in the year 1961 and gives the structure regarding how diplomatic relations are supposed to take place between independent countries. The document outlines and explains the privileges of diplomatic missions while they are in the receiving countries that enable them carry out their work effectively without fear of intimidation, interruption and coercion by the receiving countries. The rules given in the document are used as the general guideline for all the participating countries, which as of 2014 were 190.The document contains a total of 53 articles, but for the sake of this paper, only three are relevant. They are as follows (as documented in the Vienna Convention on Diplomatic Relations). * Article 22: The premises of a diplomatic mission, such as an embassy, are inviolate and must not be entered by the host country except by permission of the head of the mission. Furthermore, the host country must protect the mission from intrusion or damage. The host country must never search the premises, nor seize its documents or property. Article 30 extends this provision to the priva te residence of the diplomats.["Vienna Convention on Diplomatic Relations".United Nations Treaty Collection. United Nations.] * Article 30 (1): The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission.["Vienna Convention on Diplomatic Relations".Audiovisual Library of International Law. United Nations.] * Article 45 which gives guideline on the course of action in the event that relations between two member countries ceases to exist. It states that the receiving country is expected to still respect the property of the sending country, which included its premises. The sending country may also, upon its wish, entrust its property, including premise, to a third country of its choice.These are just some of the immunities that are enjoyed by diplomats and their families while they are in the host country. It is however important to note that the same document says that while diplomat premises are protected as such, the y too should ensure that the premises are used only for the purpose for which they are intended.Article 22This is the article that talks about the protection that is given to the protection that the receiving country should give to the premises of the diplomatic mission. There are two important points that are contained in this article. The first one is that the receiving country is not supposed to enter these premises, without express permission from the head of the embassy. Entering may be for many reasons, among them searching for any illegal activities, documents, persons and so forth. The second one is that the sending country should do all that is within its power to protect these premises and ensure that the diplomats are safe and comfortable enough to effectively carry out the functions for which they were sent to these countries.[This rule was previously to protect the head of the mission only, but was later expanded to protect the entire premise. Details of this are availa ble in the Yearbook of the International Law Commission. Vol. II. New York: United Nations 1958, p. 95.] [Denza, Eileen.Diplomatic Law 4E: Commentary on the Vienna Convention on Diplomatic Relations. Oxford University Press, 2015.] Being a very serious and important part of the document, there are no exceptions given to the rule about prohibition of host entering the embassies. This therefore means that they are not to enter even when the actions they would carry out in there would be of the benefit of the diplomats. For example, if a fire was to erupt within the premises, the fire fighters can only enter to stop it after obtaining permission from the head of the mission. Initially, the document was to allow for the host country to enter mission premises in cases of extreme emergencies such as protection of lives. However, it was later left out since it would have given a chance for breaking of the original rule. It would have also brought complication since the term extreme emergen cies' would have had to be defined in full. If they the police were chasing a criminal of some sort and he entered the premises, the pursuit would end at that point until permission is sort for them to continue. The host is even not allowed to enter these premises when they suspect that there may be illegal activities taking place in the premise.[This is further discussed in Yearbook of the International Law Commission. Vol. I. New York: United Nations 1957, p. 56] [Article 41 (3) prohibits using the premises for any other functions that are not availed in the convention document, are not allowed according to the international law and are not in any agreement between the two countries in question.] When this law was put in place, the main reason was so that the diplomats feel safe enough to carry out their functions. However, on some o...

Bipolar Disorder Symptoms And Symptoms Essay - 1384 Words

Bipolar disorder is simply defined as a manic depressive illness, which affects a persons mood and energy. However, the way it affects a person’s mood is dramatic and severe. These are severe moods are called episodes of mania and depression, which means a person who suffers from bipolar disorder might be extremely excited and happy one day, and extremely depressed the next day. In some cases, depressive or manic episodes last weeks, and in some cases these episodes last days. People who suffer from bipolar disorder might experience depressed and hopeless moods and feel worthless. They might experience no pleasure in life, whatsoever, and there is a potential for people who suffer from bipolar disorder to suffer from either insomnia or a consistent excessive amount of sleep. Of course, a common symptom of bipolar disorder is also reoccurring thoughts of suicide. History The history of bipolar disorder dates back to ancient times, with Hippocrates formulating the first classification of mental disorders. He realized that there are different kinds of mental disorders, all involving melancholia, mania, paranoia or hysteria. Of course, this was before modern medicine and science, but a man named Ewald Hecker was one of the first people to officially describe bipolar disorder in a way that could be explained rather scientifically. He realized the potential of people having serious mood-swings, in dramatic and abnormal ways, and did an experiment involving 86 patients who hadShow MoreRelatedSymptoms And Symptoms Of Bipolar Disorder706 Words   |  3 PagesBipolar disorder is a serious mental illness that is characterized by changes in mood. It can lead to risky behavior, damage relationships and careers, and even suicidal outcomes if it’s not treated. 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Essay on Rene Magritte Illusions Masking Reality

In the fallout of the first Great War, which had plagued European society for four long and brutal years, many were left to question the purpose of their existences. Stemming from the monstrously large number of casualties during the war, the mood left those whom survived to wonder how reason and logic could have started the conflict. For many people, a sense of alienation was stirred up who found the possibility of rejoining a society, which had not only allowed but prolonged such a catastrophe, to difficult. As society was adapting from war, so too were the artists and their respective movements. One such movement formed during the tumultuous years was reacting to the heighten fears of war called Dada. It is from the Dadaist movement in†¦show more content†¦In which he painted a white veil into his work, symbolic, perhaps, of the garment his mother was found in. While a teenager he was enrolled in Acadà ©mie des Beaux-Arts in Brussels until he found work drawing advertise ments for a wallpaper factory. By 1927 he moved to the epicenter of fine arts in Paris. There he was acquainted with the emerging movement of surrealism led by the writer, Andre Breton. After three years he returned to Brussels where he would remain until his death in 1967. According to some, Magritte lived a quiet, humble life never wishing to attract large amounts attention towards himself he tended to live unremarkably. In the developing stage of surrealism, two diametric schools of thought were beginning to form. The first, based heavily in a literary style called automatism, which held the ideas of creation free from the control of the mind. In this direction, abstraction of ordinary objects and the ideas of chance dominated. Among those whom clung to this style were Max Ernst and Andre Masson. This style thus became known as abstract surrealism. Oppositely, artists such as Salvador Dali, Yves Tanguy, and Rene Magritte would focus their art on the principles of non-sequitur and juxtapositions of ordinary objects. As well, their art took on a dreamlike quality, based in the psychoanalytical philosophy of the unconscious. Many of the surrealists found the work done by Sigmund Freud incredibly influential, especially Freud’s study

Baxter Accounting Evidence Interpretation â€Myassignmenthelp.Com

Question: Discuss About The Baxter Accounting Evidence Interpretation? Answer: Introducation Moving machinery to new site incurs cost and the issue in this regard is whether this cost is deducted or not , this issue falls under section 8-1 of ITAA 1997. Another law section can also be used in this case which is British Insulated Helsby Cables. Moving machinery to a new site involves incorporation of cost thus depreciation process incurs cost. This cost is not allowed as acceptable deduction according to law section 8-1 of the Income tax assessment act 1997. The main reason of not accepting this deduction is , this cost is incurred while carrying out business operations and thus it is regarded as business expense. This is the case under law section 8-1 of ITAA 1997. Now the second law section which is applicable in this case is the British Insulated Helsby Cables. According to this law the cost that is imposed due to movement of machinery from one place to another is a transport cost but this cost is regarded as a cost that is bared for reaping benefit and this is done by d epreciating assets which is a business related activity. In agreement with Taxation rule of TD 93/126 , setting machinery for the purpose of business is the incidence of cost which is treated as revenue. Thus it can be concluded that no form of acceptable deductions will be legalized under law section 8-1 of ITTA 1997. Revaluation of capital that affects cover of insurance is considered as acceptable deduction under law section 8-1 of ITTA 1997, this issue evolved in this case. Situation here shows that spending have connection with the fixed asset, thus while determining the deduction it is essential to find whether expenses that is incurred while revaluating revenue production holds while shielding the asset. Now while shielding the assets provides benefit then it will be considered as acceptable deduction under section 8-1 of the Income Tax Assessment Act 1997. Conclusion that can drawn from here shows that cost that leads to insurance cover is considered as acceptable deductions because this cost will recur and hence allowed as acceptable deductions under section 8-1 of the ITAA 1997. Here the case shows whether the legal expenses that company bear for the petition for winding up will be considered as deductions under section 8-1 of the ITAA 1997. The taxation ruling of ID 2004/367 that is applicable in this case shows that officially approved cost will be considered for deductions if the cost is incurred while doing the business operations. Case of FC of T v Snowden and Wilson Pty Ltd(1958) is also applicable here which shows that costs that are not usually incurred will become compulsory that taxpayer should start taking legal actions because no condition can prevent the cost to be eligible as deductible expenditure. Conclusion here that can drawn is the cost that is incurred while opposing the petition of winding up will be not be considered as acceptable deductions under section 8-1 of the ITAA 1997. This shows that whether or not the legal expenditure that is incurred while enjoying services of legal representative with regard to the business operations of the clients will be allowed as acceptable deductions under section 8-1 of the ITAA 1997. Application of Law shows when a legal expense is incurred while carrying out business operations is considered revenue and thus it will be treated as acceptable deductions. Though, exception is present, which shows that expenses incurred accepted as capital, domestic and private in character if the same is primarily incurred in producing the exempt and non-chargeable non-exempt proceeds. Thus legal expenditure incurred while carrying out business operations and that produce the taxable income should be treated as acceptable deductions in reference to section 8-1 of the ITAA 1997. Issue here is the position of Big Bank which is considered for evaluating the input tax credit with respect to the advertising expenditure that is incurred under law section GSTR Act 1999. Thus laws that are applicable in this issue are GST Act 1999, Goods and Service taxation ruling of GSTR 2006/3 and Ronpibon Tin NL v. FC of T. Goods and Service tax law of GSTR 2006/3 provides methods that can be implemented to find the input tax credit in accordance with administration for change that is followed by financial suppliers under the new system of tax GST Act 1999. Recent situation of Big Bank shows that, it has incurred an expense which is included GST. Thus Big Bank Ltd follows law under the section GSTR 2006/3 because the company recognized appropriate for input tax credit. According to the law if an entity is registered or need to obtain registration, GST shall be billed for creation of taxable supplies. The outline under GST law shows that an entity or an individual is needed to claim input tax credit for the GST inclusive supplies that is acquired or import for the entity. Case of Ronpibon Tin NL v. FC of T is applied in analysing the law of GST[1]. This considers pressure in which the method of distribution adopted must sensible in such a situation of the particular enterprise. Requirements of paragraphs 11-5 and 15-5 (a) for an acquisition to meet the criteria as creditable, the acquisition must be for creditable purpose[2]. In case the acquisition is partly for creditable use then it is crucial to determine the degree of the creditable use. Now the subsection 15-25 shows that import shall be viewed as creditable if it is kept creditable use. Now section 11-15 or 15-10 an acquisition eligible to be creditable if an entity makes the supplies for the use of claiming input tax credit. It is worth mentioning that advertising expense incurred by Big Bank Ltd was for the use of creditable acquisition.Conclusion here thus shows that Big Bank Ltd will be entitled to claim input tax credit in regard to the GSTR 2006/13 for the amount that is incurred due to a dvertising expenses for the use of the creditable acquisition. References: "Legal Database".Ato.gov.au, 2017. Online. Internet. 8 Sep. 2017. . Available: https://www.ato.gov.au/law/view/document?docid=GST/GSTR20063/NAT/ATO/00001 Treasury, A. and Baxter, H., Accounting evidence.interpretation,89, p.95. [1] Treasury, A. and Baxter, H., Accounting evidence.interpretation,89, p.95. [2] "Legal Database".Ato.gov.au, 2017. Online. Internet. 8 Sep. 2017. . Available: https://www.ato.gov.au/law/view/document?docid=GST/GSTR20063/NAT/ATO/00001.