Dergiler / Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi / 2019 / Cilt: 21 - Sayı: 3
DİPLOMATİK TEMSİLCİLER VE ONLARA TANINAN HAREKET VE SEYAHAT SERBESTİSİ
- Sayfa
- 457–486
- DOI
- —
Özet
Diplomatik ayrıcalık ve bağışıklıklar diplomatik hayatın vazgeçilmez
Abstract
Diplomatic privileges and immunities are indeed the necessities ofdiplomatic life. Without them it would have been impossible for diplomaticagents to fulfil their duties. In other words, these privileges and immunitiesensure the way of diplomatic life in a sense. Among these privileges andimmunities is the freedom of movement and travel. This freedom ensures freemovement and travel of foreign diplomat or members of a diplomatic missionand their families in the state to which they are sent. In reality for a long timethere was no such regulation for freedom of movement and travel since no state,except in exceptional cases or conditions, as it appears, had a mind to restrictthis kind of freedom. That is because the functions of diplomatic missionnecessitate this kind of freedom. Unfortunately with the commencement of theSecond World War, this situation had dramatically changed. After the warparticularly Communist States had restricted this right. Following theCommunist States’ practice the Western States put restrictions for the membersof the diplomatic missions of the Communist States to their freedom ofmovement and travel in the name of reciprocity, as well. This situationnecessitated a provision for the freedom movement and travel. This kind of rulefirst placed in the 1961 Vienna Convention on Diplomatic Relations in article26. Provisions alike were inserted in the following documents concerned. Thus,the main purpose of this article is to analyze the freedom of movement andtravel in diplomatic relations.