U4P3: Appointment of the Members of the Diplomatic mission

Question 1

What is the general rule on the appointment of the Members?

Answer 1

The sending state can appoint any given person to the Diplomatic Mission

Question 2

What are the limitations to the appointment of Members?

Answer 2

1. Visa requirements
2. Members of the diplomatic staff should be of the nationality of the sending state
3. The size of the diplomatic mission
4. Sending state must notify all appointments of people hired.

Question 3

What is the exception to the norm stating that Members of the diplomatic staff should be of the nationality of the sending state?

Answer 3

the consent of the receiving state

Question 4

what is the agrément?

Answer 4

The formal diplomatic notification by the receiving state that the head of mission selected by the sending state has been accepted. It usually includes a formal event where the head of the mission receives his/her credentials

Question 5

4 features of the agrément

Answer 5

1. It is confidential
2. There are no term or condition for how the agrément should be decided
3. The receiving state does not have to give a reason for the refusal of agrément
4. It doe snot only apply for Heads of Mission but also other diplomats

Question 6

What are credentials

Answer 6

Documents/ instruments presented to the Head of State by the sending state. Usually at a formal ceremony according to the customs of the receiving state

Question 7

What is the effect of credentials?

Answer 7

from the moment it is presented, the head of mission can start performing their functions at full capacity.

Question 8

Is there a formal ceremony for the appointment of all the members of the mission?

Answer 8

No, only the head of mission

Question 9

How are diplomatic agents appointed?

Answer 9

They are appointed in accordance with the regulations of the sending state, and must be notified before the receiving state. Usually at the ministry of foreign affairs

Question 10

How is the Administrative and technical staff appointed?

Answer 10

Under the domestic regulation of the sending state. Can sometimes be nationals of the receiving state. Must also be notified before the receiving state

Question 11

How can the diplomatic condition of the members of the mission be terminated?

Answer 11

1. By decision of the sending state to call back their diplomats
2. By decision of the receiving state to declare a person non grata
3. Personal decision of a member
4. By natural causes

Question 12

What are three reasons for the receiving state to declare a member of the diplomatic staff as persona non grata?

Answer 12

1. In the case of misconduct by the member
2. Deterioration of diplomatic relation between the states
3. Unlawful interference in the domestic affairs of the state