Parking Privileges for Diplomats Case

Abstract

International law in general — Nature and binding force — International practice based on comity — Customary international law — Distinction between — Sanctions for non-observance — The law of the Federal Republic of Germany

International law in general — Sources — Customary international law — Conditions for establishment of — Customary international law distinguished from international practice based on comity — The law of the Federal Republic of Germany

International law in general — Relation to municipal law — Customary international law — Whether automatically part of municipal law without legislation — Basic Law of Federal Republic of Germany, Article 25 — Whether merely declaratory — Extent to which rules of customary international law may directly create rights for individuals — The law of the Federal Republic of Germany

International law in general — International comity — International practice based on comity — Sanctions for non — observance of such practice — Whether provision of parking privileges for foreign diplomatic missions a matter of comity — The law of the Federal Republic of Germany

Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities of — Diplomatic envoys and their staff — Ne impediatur legatio — Extent of duty of receiving State — Vienna Convention on Diplomatic Relations, 1961, Articles 25 and 41 — Whether duty to grant parking privileges to diplomatic missions — Whether any rule of customary international law to this effect — State practice based on comity distinguished from customary international law — Sanctions for non-observance — Conditions for establishment of rules of customary international law — Whether customary international law automatically part of municipal law without enactment of legislation — Basic Law of Federal Republic of Germany, Article 25 — Whether merely declaratory — Extent to which rules of customary international law may directly create rights for individuals — The law of the Federal Republic of Germany