Cherniavskiy A. The institute of sanctuary in the contemporary international law

Summary. Some elements of institute of the right of sanctuary arose up as early as ancient international law. The institute of sanctuary in Ancient Greece was the one of the earliest prototypes of asylum. Substantial influence on development of the right of sanctuary was rendered by a canonical right of the Catholic Church. The institute of the right of sanctuary in the contemporary international law was formed in the nineteenth century. A sovereign right of the state to give asylum for the foreigner which pursued by his own state or another state is the main contents of institute of right of sanctuary presents. There are two basic types of the asylum – the territorial asylum that foresees the

grant the asylum by the state to the foreigner on its own territory, and the diplomatic asylum, that foresees a grant the asylum in the apartment of its embassy abroad. The possibility of granting of diplomatic asylum is denied by many states; however practice of international relations allows to admit the diplomatic asylum neither legal nor illegal. The basic source of right of sanctuary is an international custom that is why there is a requirement in adopting of international convention on the right of sanctuary.

Key words: right of sanctuary, territorial asylum, diplomatic asylum, refugees legal regime.

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