1. LAW 221: INTERNATIONAL LAW
Dr. Başak Çalı

2. Regulation of Diplomatic Relations in International Law
Outline

3. Diplomacy is an old art. The invoilability of the envoy was practiced in Greek City States and in India. Diplomacy had its ups and downs in times when powers interacted through conquest and subjugation Diplomacy revived in times of Rennasaince in Europe
Diplomacy

5. Vienna Convention on Diplomatic Relations
Hailed as the most successful treaty
189 State parties: almost universal ratification
Vienna Convention on Diplomatic Relations

6. The oldest customary rule in the field of diplomacy
Free passage, Immunity and special protection for ambassadors. Rules have been stable for over 200 years
The oldest customary rule in the field of diplomacy

7. Vienna Convention Establishment of diplomatic relations
Governs:
Establishment of diplomatic relations
Maintenance of diplomatic relations
Termination of diplomatic relations
Vienna Convention

8. Governance principles
Vienna Convention enables diplomatic relations by conferring privileges and immunities to diplomats
Governance principles

9. How are diplomatic relations not expressly regulated by the Convention governed?

10. Can a state close down the diplomatic mission of a host country in its own jurisdiction?

11. Can a state establish a diplomatic mission in a country without the consent of the host country?

12. Principle of mutual consent
Article 2
The establishment of diplomatic relations between States, and of permanent diplomatic missions,
takes place by mutual consent.
Principle of mutual consent

13. Can a diplomat bring a legal matter of a national of her country when interacting with her counter parts?

14. Diplomatic Protection of Nationals
Not an automatic right for each national
It is permissible
What happens if a national has more than one country? (Nottebohm case Liechtenstein v. Guetemala)
See also ILC Draft Articles on Diplomatic Protection

15. Article 1 of the Draft Convention on Diplomatic Protection
Definition and scope
For the purposes of the present draft articles, diplomatic protection consists of the invocation by a State, through diplomatic action or other means of peaceful settlement, of the responsibility of another State for an injury caused by an internationally wrongful act of that State to a natural or legal
person that is a national of the former State with a view to the implementation of such responsibility.
Article 1 of the Draft Convention on Diplomatic Protection

16. Does a receiving state need to give reasons to refuse to accredit a diplomat?

17. Can a person act as an Ambassador Plenipotentiary to more than one country?

18. Can an individual holding the nationality of the receiving state be appointed as a staff of the diplomatic mission of the sending state?

20. Can a state declare an acting member of a diplomatic staff ‘persona non grata’?
Does the receiving state have to give reasons for this?
What consequences flow from the declaration of persona non grata?

21. Can the receiving state have a say in who is appointed as the staff of the mission of a diplomat?

22. Can the sending state use its flag in the buildings of its mission?

24. Can the agents of the receiving state enter into the premises of the mission for the purpose of arresting a suspect?

25. Can the security forces enter into the premises of a diplomatic mission with the purpose of confiscating drugs?

26. Can the bag of a diplomat be searched at airport security?

27. Does a diplomatic agent have full immunity in the courts of the receiving state?

28. Does the son of a diplomatic agent have immunity from prosecution if he is involved in a car crash accident?

29. If a mission employs a national of the receiving state does the national of the receiving state enjoy the same immunities and privileges as the other diplomats in the mission?

30. Does a diplomat enjoy inviolability when travelling through third countries?

31. Does the receiving state have to hold the inviolability of the diplomat even if it finds that the diplomat is interfering in the internal affairs of a state?

32. Is there a duty to evacuate diplomats in case of an armed conflict?
Is there a duty on behalf of the sending state to evacuate all its nationals in case of an armed conflict?

33. What is temporary third party protection?