[governance] Tangential (On Exceptionalism Wikileaks) America's vassal acts decisively and illegally

Mon Aug 20 12:16:40 EDT 2012

Dear Jovan you are right on this. That's what we call negotiation on international relations where multiple scenarios are possible

Carlos

Enviado desde mi iPhone

El 20/08/2012, a las 11:04, Jovan Kurbalija <jovank at diplomacy.edu> escribió:

> Dear Carlos,
> 
> It is a valid point and it is rare that countries do not have protecting powers.  However, if the UK wants to play a legal card it can find strong one in the following two articles of the Vienna Convention on Diplomatic Relations, specifying a need for the consent of the receiving state: 
> 
> Article 45: b) the sending sTate may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to the receiving State. 
> 
> Article 46: A sending State may with the prior consent of a receiving State, and at the request of a third State not represented in teh receiving state, undertake the temporary protection of the interests of the third State nationals.
> 
> Regards, Jovan
> 
> 
> On 8/20/12 5:40 PM, Carlos Vera Quintana wrote:
>> Jovan but even on the situation you describe, Ecuador can work with another country to represent their interest with UK so Assange is under new diplomatic umbrella.
>> 
>> Ecuador gov hopes that situation you describe does not occur but is ready to take action with other country Representing their interest if happen
>> 
>> Carlos Vera
>> 
>> Enviado desde mi iPhone
>> 
>> El 20/08/2012, a las 9:57, Jovan Kurbalija <jovank at diplomacy.edu> escribió:
>> 
>>> Hi Mawaki,
>>>  
>>> Here is an attempt to answer your question on the international legality of the 1987 Act in three ways: Twitter, e-mail and blog post.
>>>  
>>> The short answer – Twitter – is that the 1987 UK Diplomatic and Consular Premises Act is in accordance with international law (the 1961 Vienna Convention on Diplomatic Relations - VCDR and international customary law). 
>>> A bit longer answer for this e-mail should rely on the sequence in establishing diplomatic relations between states with three important moments:
>>>  
>>> - First, states have to recognise each other. 
>>> - Second, after recognition, states establish diplomatic relations.
>>> - Third, after two states establish diplomatic relations, they can open diplomatic missions.
>>>  
>>> Here is how this sequence can apply to the Assange asylum case: 
>>> 
>>> The UK can sever diplomatic relations unilaterally. Diplomatic relations are concluded by mutual consent (Article 2 of VCDR). If consent is withdrawn, diplomatic relations cease to exist. 
>>> After severing diplomatic relations, the UK would require Ecuador to close its embassy in London, and Ecuadorian diplomats to leave the territory of the United Kingdom within a reasonable time. ‘Reasonable time’ is not specified, but it usually takes between 7 days (in the               case of the closure of the Libyan mission in London in 1984) and one month.  On this point Assange would remain alone in the Ecuadorian embassy. The VDRC does not specify how long the premises of the mission mission should preserve diplomatic status (remain inviolable). 
>>> Most of the practice in diplomatic law provides the ‘reasonable time’ needed to protect and move the mission’s archives and property. The 1987 Act codifies this practice and specifies how to deal with this lacuna in the VCDR (time for closing the mission). 
>>> Once the premises are no longer inviolable, the UK can enter the premises of the Embassy and arrest Assange if he is still there.
>>>  
>>> It is very difficult to envisage a scenario in which the UK police could enter the Ecuadorian embassy without following the above described sequence – starting with the severing of diplomatic relations with Ecuador. Any other action would be a serious blow to the modern diplomatic system exposing – among others – the UK diplomatic missions worldwide, to high risks.
>>> 
>>> While the UK has a legal basis for an action against the Ecuadorian embassy, its initiative could turn into a real diplomatic fiasco. It is surprising that UK diplomacy did not take into account the strong attachment of Latin American countries to the right of diplomatic asylum.  Even in the case of political conflicts among themselves, Latin American countries have supported diplomatic asylum. It is a well-established regional customary law, codified in a few conventions, including  1928 – Havana, 1933 – Montevideo, 1954 – Caracas. The right of asylum is also granted by Article 27 of the 1948 American Declaration on Human Rights. 
>>> 
>>> By accelerating the Assange asylum case, the UK – to use a football metaphor – put the ball into penalty and asked President Correa to strike without a goal-keeper. He               could not miss such a chance. In a few days, President Correa will gather all LA ministers of foreign affairs as a symbol of unity against the UK action. Given his political situation, it is an unexpected and welcome gift.
>>>  
>>> The Assange asylum case, like other similar cases, is likely to be solved through negotiations that will provide the UK with a face-saving exit strategy. Might the Swedish authorities be persuaded to conduct the hearing ‘remotely’? If negotiations fail, Assange is likely to be long-term tenant of the Ecuadorian embassy in London.
>>>  
>>> You can also see two texts with more detailed legal elaboration of this e-mail  and FAQs about diplomatic asylum.  
>>> 
>>> I hope it will help in clarifying, at least, legal aspect of this complex case.  
>>> 
>>> As ever, Jovan
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