1. Diplomatic and consular law

2. Origins
- the term diplomacy comes from the Greek word „diploma“ (written instructions for messengers)
- initially diplomacy was of sporadic nature and only encompassed select spheres of international relations (war, trade, dynastic ties)
- one of the oldest branches of public international law, alongside the laws of war and the law of treaties
- customary norms, first codification of diplomatic law – the 1815 Congress of Vienna

3. Origins
Immunity, even sacred character of messengers
XV-XVII centuries – beginnings of modern, institutionalized diplomacy, ad hoc missions were deemed to be insufficient
Privileges and immunities, particularly in regards to jurisdiction and the status of mission quarters
XX century – codification in the form of multilateral treaties (1961 Vienna Convention on Diplomatic Relations, 1963 Vienna Convention on Consular Relations)

4. Types of diplomatic missions
Permanent and special (ad hoc missions)
Ad hoc missions: political-ceremonial, strictly diplomatic, technical (headed by specialists in a given field)

5. Functions of diplomatic missions
Article 3 of the 1961 Vienna Convention
Conducting negotiations
Settling international disputes
Taking part in important events (coronations, funerals, weddings, assumption of office by a new head of state)
Representing the sending state
Protecting the interests of the sending state and its citizens
Facilitating friendly relations between the sending and receiving states, in particular economic, cultural and scientific

6. Functions of diplomatic missions
„white“ intelligence
All activities of a diplomatic mission must be lawful and can never interfere in the receiving state's internal affairs.

7. Precedence of diplomatic missions
Precedence between ceremonial missions (art. 16 section 2 of the 1961 Convention) – according to the rules adopted by the receiving state
General rule of precendence (art. 16 section 1) – alphabetical order
Precedence between two missions sent by the same state – determined by the sending state

8. Setting up diplomatic relations
An agreement between the receiving and sending state (art. 2 section 1 letter a of the 1961 Vienna Convention), per facta concludentia (customary law)
Acceptance for the proposed chief of the diplomatic mission (fr. agrement)
Official nomination
Letters of accreditation

9. Composition of a diplomatic mission
Chief (art. 14 of the 1961 Vienna Convention)
Diplomatic personnel
Adminstrative-technical personnel
Servants
The matter of citizenship (art. 8 sections 1-3)

10. Privileges and immunities
Privilege – positive grounds
Immunity – negative grounds
Exterritoriality?
Diplomatic luggage
Status of the mission quarters (positive and negative obligation of the receiving state)
Penal, civil (real estate, inheritance, lawsuits related to commercial or professional activities) and administrative immunity

11. Privileges and immunities
Material or procedural immunity?
Immunity of administrative-technical staff and servants
Immunity of family members

12. Consular law
Latin consulere – to advise
Italian city-states and England
Providing services to the citizens of the sending state present on the territory of the receiving state
Settling disputes, conducting public registries, inheritance law, nuptial law, notary public, protection
Honorary consuls

13. Relation between diplomatic and consular service
Permission to establish a diplomatic mission is simultaneously a permission to establish a consulate (art. 2 section 2 of the 1963 Vienna Convention)
Consular services may be provided by a diplomatic mission
A consular mission may be set up even in the absence of a diplomatic mission

14. Consular flag