THE DIPLOMATIC PRIVILEGES (EXTENSION) ACT, 1944
| Date | 01 March 1945 |
| DOI | http://doi.org/10.1111/j.1468-2230.1945.tb02887.x |
| Author | Egon Schwelb |
| Published date | 01 March 1945 |
50
MODERN
LAW
REVIEW March,
1945
THE
DIPLOMATIC PRIVILEGES
(EXTENSION) ACT,
1944
T
is
proposed to survey
in
this article the positive provisions of
the Diplomatic Privileges (Extension) Act,
1944,
which deals
with International Conferences
(I),
Allied Governments and
Authorities
(11),
and International Organisations (111). The provisions
relating to international organisations are the most important part
of
the statute;
in
treating the legal position of international organisa-
tions, we shall describe their privileges, immunities and capacities
under the new Act (A), dealing separately with the immunities,
privileges
and
capacities of the organisation
(I),
and the immunities
and privileges
of
officers and government representatives
(2).
We
shall then proceed to survey the privileges and immunities of inter-
national organisations and their officers under other enactments,
and extra-statutory concessions, granted to them
(B),
and finaIly
add
some remarks
on
problems involved in the immunity of inter-
national organisations
in
general
(C).
I
I.
INTERNATIONAL
CONFERENCES
The statute contains three different sets of provisions. Only one
of them introduces
a
permanent alteration of the law: Section
3,
which deals with the diplomatic immunities of representatives attending
international conferences. Where a conference, attended by the
representatives
of
the United Kingdom Government and of at least
one foreign sovereign Power, is held in the United Kingdom, the
Secretary
of
State may remove doubts about the diplomatic immunities
of
the foreign representatives and their official staff by compiling a list
of
the persons who are entitled to such immunities and publishing
it
in the Gazettes. Every representative
of
a
foreign Power who is for
the time being included
in
the list, shall, for the purpose of any enact-
ment and rule
of
law or custom relating to immunities, be treated as if
he were a foreign envoy, accredited to His Majesty, or a member of
the retinue
of
such an envoy,
as
the case may be. The Gazette affords
conclusive evidence of the diplomatic status, or otherwise, of the
person in question.
11.
ALLIED GOVERNMENTS
AND
AUTHORITIES
Section
5
introduces an amendment
of
the Diplomatic Privileges
(Extension) Act
of
1941.
Under the statute
of
1941
the immunities
and privileges
of
an envoy of a foreign
Power,
accredited to
His
Majesty, and
of
his retinue, were extended to members and high
officials of the governmt:lts
of
foreign powers
or
of provisional govern-
ments, if these governxtents
were
(I)
allied with Britain and
(2)
established in the Unr'cd Kingdom. Similar rights were given to
members
of
any national committee
or
other foreign authority for
the time being established in the United Kingdom and recognised
as
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