Modern diplomatic and consular law public international law. Use or abuse of diplomatic immunity a critical analysis. Law and the practice of diplomacy ian hurd is associate professor in the department of political science at northwestern university. Many institutions from the congress of vienna were included in the vienna convention on diplomatic relations of 1961, which is the main source of current diplomatic law. Peaceful settlement of international disputes general instruments institutional and procedural rules chapter vii. The functions of a diplomatic mission consist, inter alia, in.
Diplomatic and consular law rests heavily on the 1961 vienna convention on. These pdf lecture notes will help you in preparing well for your semester exams on international law and assist. Hi fellow law llb students, on this thread, i am sharing brief and concise notes on the international law. The premises of the mission must not be used in any manner incompatible with the functions of the mission as laid down in the present convention or by other rules of general international law or by any special agreements in force between the sending and the receiving state. The broad corpus of diplomatic law derives from one of the oldest principles of customary international law, that of state immunity and sovereign immunity.
As a result, the muchneglected study of the consular institution may improve our understanding of contemporary diplomacy. Diplomatic law is that area of international law that governs permanent and temporary diplomatic missions. Diplomatic immunities and privileges amendment act 35 of 2008 w. Diplomatic and consular relations interests sections. View diplomatic immunity research papers on academia. The 1961 vienna convention on diplomatic relations vcdr, signed in vienna on 18 april 1961, entered into force on 24 april 1964 and the 1963 vienna convention on consular relations vccr, signed in vienna on 24 april 1963, entered into force 19 march 1967 form the core of international diplomatic and consular law. The main sources of consular law are the many consular agreements concluded. This was a kind of permanent representation, consular and informational, rather than diplomatic. The vienna convention on consular relations is an international treaty that defines a framework for consular relations between sovereign states. A diplomats handbook of international law and practice. Consular law article about consular law by the free. Eu and its contribution to diplomatic and consular law 2. It is also responsible for protocol gifts and the overall visual identity of the ministry and of.
View notes diplomatic immunitiesandprivileesact2001. That is, states establish or maintain mutual relations, communicate with each other, or carry out political or legal transactions, in each other, or carry out political or legal transactions, in each case through their authorised agents. Muslim states in general 1 have signed and ratified the two globally recognized diplomatic and consular legal frameworks. The intent of the project was never to make law or to produce a manual that would have the force of law. Subjects of international law states international organizations chapter iv. Rarely is an international law reference text, let alone an articlebyarticle commentary on a. Note by the department of state pursuant to public law 89497, approved july 8, 1966 80 stat. Diplomatic and consular immunity us department of state. Note the term secretary used here should not be confused with the diplomatic. Diplomatic and consular relations privileges and immunities. Each party shall extend to the family member ofa consular officer ofthe other party privileges and immunities equivalent to those afforded to the members ofthe family ofa diplomatic agent forming part ofhis or her bqusehold under the vienna convention on diplomatic relations.
Consular relations served to codify customary practice concerning the. Diplomacy, the established method of influencing the decisions and behaviour of foreign governments and peoples through dialogue, negotiation, and other measures short of war or violence. Pdf diplomatic and consular law right of legation right of. Whenever in history there have been independent states coexisting, special customs have developed on how the representatives of one state would be treated by other state. Diplomatic law is a field of international law concerning the practice of diplomacy, and the rights and obligations of state representatives on the territory of other states.
It codifies many consular practices that originated from state custom and various bilateral agreements between states. The main task of individual diplomatic services is to safeguard the interests of their respective countries abroad. In 201011 he was a fellow at the niehaus center for globalization and governance at the woodrow wilson school, princeton university. Affirming that the rules of customary international law should continue to govern. Consular law the body of principles and norms of domestic legislation as well as of international law regulating the activities of consuls. The inviolability of diplomatic and consular premises. Abc of diplomacy 3 introduction diplomacy is the means by which states throughout the world conduct their affairs in ways to ensure peaceful relations. To this end, it defines diplomatic protection in its broad, classical sense, focusing first on the extent to which international law permits both consular protection of nationals and also the espousal of claims in international proceedings. Except for the different letterhead at post, diplomatic notes in the department and posts are prepared in the same format.
Modern diplomatic practices are a product of the postrenaissance european state system. Meanwhile, its provisions have largely become part of general international law themselves. Although diplomatic appointments suffered from lack of discrimination almost as much as the consular ones, secretary of state hamilton fish made an effort to keep scoundrels, incompetents, or grossly unsuitable men out of the more important legations. Diplomatic and consular law rules regulating the various aspect of diplomatic relations are the result of centuries of states practice. It is also responsible for protocol gifts and the overall visual identity of the ministry and of slovenias diplomatic missions and consular posts abroad. To a large extent, the vcdr codified customary rules on bilateral diplomatic relations between states. A diplomatic protocol is therefore about building relationships and facilitating positive outcomes for the parties involved.
Historically, diplomacy meant the conduct of official usually bilateral relations between sovereign states. A fundamental concept of diplomatic law is that of diplomatic immunity, which derives from state immunity. This subject is mostly taught in the 3rd semester of the llb law courses. This updated edition also highlights important new trends in. Modern diplomatic and consular law public international. The proxenos of a certain city enjoyed within it certain rights and privileges concerning trade, taxation, and the law. Key elements of diplomatic law are the immunity of diplomatic staff, the inviolability of the diplomatic mission and its grounds, and the security of diplomatic correspondence and diplomatic bags. The vienna conventions on diplomatic and consular relations. Slight style differences are explained as appropriate. Diplomatic notes united states department of state. Diplomatic and consular law commentary on the vienna conventions on diplomatic and consular relations. The secretary wishes to remind the chiefs of mission that in its note dated may 28, the department had requested that the lists of personnnel subsequently forwarded to the missions be updated and returned no later than october 15. These pdf lecture notes will help you in preparing well for your semester exams on international law and assist you in studying from ready made lecture notes.
Law and the practice of diplomacy northwestern university. Proxenoi represented another city state, clan, tribe, or state within their own. Every state defines the scope of the functions of its consular representatives, taking into account the legislation of the host country. What are diplomatic notes, and where do they rank in terms. The international committee of the red cross icrc was invited to send observers to both groups as were other states and organizations. In the 15th and 16th centuries, the leading jurists and text writers of the time sought a comprehensive theory to explain or justify why diplomatic envoys are endowed with privileges and immunity. On the other hand, international law heavily regulates diplomacy, providing rules under which it is carried on as in the vienna conventions on diplomatic and consular relations of 1961 and 1963, which codify centuries of developing practice on the security of diplomats wilson 1967. Vienna convention on diplomatic relations, 1961 office of legal. Under the act where premises are misused, their diplomatic or consular status may be lost, together with all. Having in mind the principles of reciprocity of treatment found in the vienna convention on diplomatic relations and the vienna convention on consular relations.
It became clear that certain diplomatic missions were holding firearms, contrary to the provisions of local law. An exam question on diplomatic and consular law ejil. Vienna conventions on diplomatic and consular relations. On this thread, i am sharing brief and concise notes on the international law. Vienna conventions on diplomatic and consular relations oxford. Section 3 then examines the impact of dual nationality on diplomatic protection in the. Consular law article about consular law by the free dictionary. Diplomatic and consular law commentary on the vienna conventions on diplomatic and consular relations 2. Famous cases involving the breaking of diplomatic laws includes the iran hostage crisis i. This act may be cited as the diplomatic immunities and shorttitle. A brief history of the consular service association for. Existing legislation on questions of consular law includes rules defining the status of foreign consuls in the ussr, contained in the statute on diplomatic and consular missions of foreign states on the territory of the ussr of may 23, 1966 part two, in the basic principles of civil procedure of the ussr and union republics of 1961, and in. They are used for very mundane tasks such as informing the ministry of foreign affairs that a diplomats car has arrived and giving them. Fn7 in the mid1970s, more worrying problems developed.
Explain and provide examples of how consular diplomacy connects to related subjects, including outreach to a diaspora, migration, labour affairs, services to own citizens working abroad, and. Diplomatic and consular property agreement between the united states of america and brazil effected by exchange of notes at brasilia june 1, 2007. Diplomatic and consular law right of legation right of diplomatic intercourse. International law llb lecture notes, free ebook pdf. Diplomatic law, commentary on the vienna convention on diplomatic relations. Describe the international law basis of consular diplomacy and the elements of consular diplomacy in practice, including the use of honorary consuls.
Further reference should be made to the circular notes sent by the ministry, application forms and other information available at diplomatic portal. Chapter three the role of diplomatic missions in the. The british government voiced its yearning to finish the impasse over an absconder who skipped bail and sought asylum in the ecuadorean embassy in london in august 2012, the british government purportedly threatened that it would storm the embassy to arrest the fugitive. An act to give effect in pakistan to the vienna convention on diplomatic relations, 1961, and the vienna convention on consular relations, 1963 whereas pakistan has acceded to the vienna convention on diplomatic relations, 1961, and the vienna convention on. Today, diplomats and consuls perform useful functions in the. Consular immunity privileges are described in the vienna convention on consular relations of 1963 vccr.
United states diplomatic and consular staff in tehran. Consular affairs and diplomacy breaks new ground in the field of diplomatic studies by illustrating how consular affairs can be understood in the broader context of diplomatic practice and vice versa. For this purpose, the consulate may employ all ordinary means of communication, including diplomatic and con sular couriers, diplomatic and consular bags and codes and ciphers. Diplomatic and consular privileges and immunities from criminal jurisdiction summary of law enforcement aspects recognized family member same as sponsor full immunity and inviolability. Oi of june i 5 \ 2007, which reads as follows in english. When persons are out of their home country, consuls are their link with home and a source of assistance. During working hours, they may make an offer by sending an email, which may be responded to by their counterparts at night. Head of state, head of government, minister of foreign affairs. The establishment of diplomatic relations between states, and of permanent diplomatic missions, takes place by mutual consent. Dplomat c and consular law right of legation right of diplomatic ntercourse t is the right of the state to send and receive diplomatic missions, which enables states to carry on friendly intercourse. Establishment, severance and termination of diplomatic relations. Convention shall be construed as preventing the performance of consular. Considering that in relation to the performance of civil and commercial actions.
Diplomatic immunity is a principle of international law by which certain foreign government officials are not subject to the jurisdiction of local courts and other. Special rapporteurs report, diplomatic protection includes, in a broad sense, consular action, negotiation, mediation etc. Diplomatic and consular privileges under pakistani law the provisions of the vccr and the vcdr ha ve, subject to the provisions of the dcp act, been given the force of law in pakistan. Diplomacy, diplomatic law, its evolution and codification. Guidance for law enforcement and judicial authorities. Consular ranks soon became full of former generals, colonels, and even men of lesser rank. Privileges and immunities ofa famoy member ofa consular offtcer. Use or abuse of diplomatic immunity a critical analysis of international law on diplomatic and consular asylum abstract. The diplomatic and consular premises act 1987 the act is the vehicle for reforming the governments powers for dealing with the abuse of diplomatic and consular premises. However, with the growth of trade and commercial transactions the office of consul was established.
They constitute one of the earliest expressions of international law. Pdf diplomatic or consular immunities for criminal offenses. Protection of diplomatic pouches supplemental guidance real property transactions, tax exemption and diplomatic parking in dc reporting requirements for aircraft and vessel insurance request for questions regarding permanently resident in requirement to returnsurrender sales tax exemption cards resolution of motor vehicle law violations. Modern diplomatic and consular law international relations are based on diplomacy. Diplomatic and consular privileges and immunities from. In the period since world war ii, a number of international. The book places each provision of the convention in its historical context.
Establishment and cessation of diplomatic relations 2. Legally speaking, the congress codified customary diplomatic law. It is responsible for diplomatic correspondence diplomatic, verbal and circular notes, aidememoires, and official letters with foreign diplomatic missions and consular posts. Islamic republic of iran 1980 icj 1 also called the case concerning united states diplomatic and consular staff in tehran is a public international law case issued in two decisions brought to the international court of justice by the united states of america against iran in response to the iran hostage crisis, where united states diplomatic offices and. Pdf diplomatic and consular law right of legation right. At the boundary where states meet the outside world, we. Most muslim states, particularly those that have adopted the islamic legal system, are expected to observe diplomatic immunity as enshrined under islamic siyar, in addition to the various international diplomatic and consular. As it can not cover all topics in detail, further reference should be made to the circular notes that are sent to the missions. First published in 1961, consular law and practice is a classic work of great interest and practical use to diplomats, consuls, and international lawyers. A diplomatic note is a formal written communication between the countries. The 1961 vienna convention on diplomatic relations vcdr and the 1963 vienna convention on consular relations form the core of international diplomatic and consular law. The diplomatic immunities and privileges act sch, 36 of zob4. Further, it seemed that these firearms were often being imported through the diplomatic bag.
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