Asylum in latin america

Vol.2,No.5(1994)

Abstract
The author describes the development of asylum. He states that the theory of exteritorriality originally assimilated territorial and diplomatic asylum in the 17th century. There existed the discrepancy between both institutions from the point of view of protected persons. Diplomatic asylum related to each individual while territorial asylum concerned persons persecuted for political reasons or offenses.

The author continues with analysis of the Treaty on International Penal Law of January 23, 1889, the Convention on Asylum of February 20, 1928, the Convention on Political Asylum of December 26, 1933, the Convention on Territorial Asylum of March 28, 1954 and the Convention on Diplomatic Asylum of March 28, 1954. He claims that every state has the right under conventions, in the exercise of its sovereignty, to admit into its territory a person who is sought for political crime or for common offense committed for political ends. Every state also has the right to grant diplomatic asylum, but it is not obligated to do so. Diplomatic asylum can be granted in legations, war vessels, and military camps or aircraft, to a person being sought for political reasons or for political offenses. Granting diplomatic asylum is derogation of sovereignty of the territorial state and its has to respect it in accordance with provisions of the convention.


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82–95
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