Právna fikcia exteritoriality miestností misie ako obsolétna teória medzinárodného práva

Surgoš, Tomáš

115 RESUMÉ SURGOŠ, T. The Legal Fiction of Exterritoriality of the Premises of the Mission as an Obsolete Theory of the International Law. State Doctoral Examination Thesis. Charles University in Prague, Faculty of Law, Department of International Law, 2009, 125 p. This State Doctoral Examination Thesis confronts the Supreme Court of the Slovak Republic decision of December 12, 2006, case No. 5Obdo/41/2004, which adopted the legal fiction of exterritoriality of embassy premises through the sources of International Law. By means of critical examination of the international custom, the international treaties, the international legal doctrine and the decisions of the International Court of Justice, the author finds that, contrary to popular opinion, the premises of the mission de lege lata form part of the territory of the receiving state and, accordingly, are subject to the legislation of the very same state. However, that same premises are ex conventione exempt from the execution of the local executive or judicial power therein as far as any legitimate performace of the diplomatic functions is concerned, unless agreed otherwise by the sending state. Also, the thesis deals with the characteristics of the premises of the mission, as well as of the exterritorial fiction per se, including the possible cause of...

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