Skip to main content

Posts

Showing posts from March, 2015

Oman's oil deficit - need to diversify

The Sultanate of Oman shares borders with Saudi Arabia, United Arab Emirates and Yemen; the country also shares marine borders with Iran and Pakistan. Geographically, it is held on the mouth of Persian Gulf; besides, the Sultanate is also the second largest territory in the Arabian Peninsula. Thus, its physical location and peaceful political situation attract to invest in Oman and offer a convenient place to enhance trade and business relations. It contrast to the excellent opportunities in trade and business. Oman is an oil rich monarchy, which heavy rely on its hydrocarbon resources, mainly oil and gas. Historically, the first ever oil discovery was made in 1956. Later, the first commercial oil discovery was achieved in 1962 and thus, the first ever export of oil cargo was made in 1967. It was accounted that by 2009, in Oman there were more than 135 oil producing fields, which rapidly reached the mark of 162 by 2013. According to the Ministry of Finance, Oman, in the year of 20

Diplomatic immunity and head of states

The lack of imputation of criminal responsibility itself cannot preclude the development of international criminal responsibility. Nor in any sense it is accepted for a head of state to commit  any act in his personal capacity for personal gain or/and, as per orders received by the sending state, which leads to crime. Parallel to other perpetrators, head of states also liable under the international criminal responsibility without any defence when they face any tribunals of war against humanity. [1] For example, In the Rainbow Warrior case, it was concluded that if an action performed by a diplomatic agent in a functional capacity; and at the same time is a serious crime which breaches both, the receiving state’s national laws and the public international law. Then the diplomatic agent can be held personally liable for the actions regardless of whether they were ordered to do so by his sovereign state. [2] The official position of defendants, whether as Heads of State or resp

Types of abuses in diplomatic immunity (part I)

Abuses a-  Espionage The term espionage means ‘obtaining or passing on to an enemy [the] information that might prejudice the safety or interest of the state or [the same to] be useful to an enemy’. [1] In other words it refers to ‘t he practice of using spies to collect information about what another government or company is doing or plans to do’. [2] In international realm, based on mutual understanding between two counties, the receiving state may at any time and without giving any explanation, may terminate the diplomatic staff of sending state. In response, the sending state has to recall the concerned person thus terminated. [3]  However historically, it is very unusual to see the withdrawal of a diplomatic staff from the office of receiving state, when both states are in good relations. For example, in June 1988, Britain asked an Israeli agent to leave the country, when it found that the Israeli secret service agency Mossad, ran a double agent intelligence service t

Abuse of immunity and International Criminal Law

Part I: History and background Diplomatic privileges and immunities are granted in order that the persons entitled to them may better perform their functions and not for the benefit of those persons . [1] Privileges and immunities to diplomatic envoys is a long-standing norm of international law. As mentioned in Vienna Convention on Diplomatic Relation 1961 (VCDR), [2] ‘The establishment of diplomatic relations between States, and of permanent diplomatic missions takes place by mutual consent’. [3] The VCDR is one of the most widely based multilateral regime in international relations. [4] Whereas, the diplomatic immunity is respected and seen as a crucial element. In this regard it is considered as important as that ‘the first principle to become firmly established ...[is] that of diplomatic immunity’. [5] Furthermore, it is also an important factor to make better relations between two states, where governments and individuals, both wish their diplomatic agents to discharge t

Omani nationality law for non-Omani man and woman

The law namely, Omani Nationality Law, promulgated by the Royal Decree 38/2014. [1]  The Omani nationality to be granted only once in a life time, [2] to any non-Omani applicant either man or woman who wishes to obtain the same. For a non-Omani man to submit an application for grant of Omani citizenship, the following conditions must be fulfilled, (i) that he must be residing in Oman legally for last 20 years; or he is residing in Oman for last 15 years, if married to an Omani woman,  (ii) the marriage took place with the prior consent from the Ministry of Interior, Oman; (iii) that there is a baby boy born from that wedlock; (iv) that he has not lived outside of Oman for more than sixty days continuously in a single year; (v) that he is able to read and write Arabic [3] ; (vi) that he is accompanied of sound character and good behavior; (vii) that he has never been convicted of any crime or has never been convicted of any offence in breach of trust, unless he has been rehabilitat