Reciprocity (international law)

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The principle of reciprocity , also known as reciprocity , is one of the basic principles of international law . In particular, the notion of reciprocity remains the strongest sociological motive for observing international law. The principle of reciprocity is gaining importance, particularly in the area of customary international law . A state which, as a subject of international law, invokes a rule of customary international law, must now expect that other states can now counter this rule as well.

The preservation and safeguarding of the principle of reciprocity is expressed in particular through the granting of diplomatic privileges, as expressed in the establishment of mutual diplomatic relations and the accession to the Vienna Convention on Diplomatic Relations .

Another area in which the principle of reciprocity applies is in particular the area of ​​international mutual legal assistance , which is granted to the authorities of the other state by the competent authorities in civil, criminal and administrative matters. This applies in particular where there are no mutual assistance agreements. Where there is no mutual legal assistance treaty, the principle of reciprocity is of far-reaching importance, since mutual legal assistance is generally only granted to those states that also provide mutual legal assistance in such cases.

Interstate reciprocity in a specific case exists if a legal entity in State A is granted similar rights by State B as nationals from State B in relation to State A under otherwise comparable circumstances . For example, crimes against foreign states are only prosecuted in Germany - along with other requirements - if an analogous regulation is guaranteed in the state concerned (Section 104a of the Criminal Code ). The requirement of reciprocity can be found in numerous legal norms with a foreign reference.

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