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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Diplomatic immunity in international law and the right of diplomats accredited to a recipient State of donor funds to demand from the recipient State accountability for the (mis)use of the donor funds
Author:Mwenda, Kenneth K.ISNI
Periodical:Zambia Law Journal (ISSN 1027-7862)
Geographic term:Zambia
Subjects:development cooperation
diplomatic law
international law
Abstract:This article examines the right of foreign diplomats accredited to a recipient State of donor funds to demand that the recipient State accounts for the misuse or abuse of donor funds received from the diplomat's State. It explores the issue of diplomatic immunity versus that of 'persona non grata' and argues that where a diplomat from a donor State raises such a query this does not amount to 'interfering in the internal affairs' of the recipient State, nor can the fact of making such a query be the basis of declaring a diplomat 'persona non grata'. It explores the options offered by public international law on diplomatic and consular relations for strengthening the international legal framework for fighting and preventing corruption. In the absence of binding legal covenants to empower the donor State to oversee the administration of donor funds, the concept of a non-charitable purpose trust could be imported. Through paragraph (c) of article 38(1) of the Statute of the International Court of Justice, regarding 'general principles of law recognized by civilized nations', this concept could prove a useful source of law. The articles focuses in particular on Zambia. However, the public international law perspective of State accountability for donor funds developed by the author is applicable to many developing countries. Notes, ref. [ASC Leiden abstract]