The Lorry Case, U.S.S.A. vs West Germany

U.S.S.A. vs West Germany, The Lorry Case

PRINCIPLE:
The size of a diplomatic bag must be reasonable

FACT OF THE CASE:
USSR sent a lorry that was externally marked as “diplomatic bag”. But the authority of West Germany did not agree with them and doubt that a lorry cannot be a diplomatic bag. Since West Germany was under reasonable doubt they demanded for the search of the bag. At last the lorry was opened by West Germany and examined.

ISSUE:
Whether it was violation of the article 36 of the Vienna Convention on Diplomatic Relation, 1961.

DECESION:
It was not a violation of article 36 of the Vienna Convention on Diplomatic Relation, 1961.

REASONING:
Article 36 deals with exemption of diplomatic bag from customs duties and search, thought there is no clear provision of size, however the court interpreted that a diplomatic bag must be of a reasonable size. As the lorry was not reasonable, it was not a violation of article 36 of Vienna convention.

 

Rayhanul Islam

The author is an original thinker; often challenges the regular rule of conduct considering various perspective on the basis of scientific reasoning to ensure the peace and prosperity of the society. He works as freelancer advocate and promotes legal knowledge and human right concept to the root level. The author is also a tech enthusiast and web developer, he loves psychology as well.

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