This work is a commentary on the 1961 Vienna Convention on Diplomatic Relations, the universally-accepted framework for diplomacy between sovereign states. The author places each provision of the Convention in its historical context.--
Author: Eileen Denza
Publisher: Oxford University Press
The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.
This book explores these matters in a critical, yet accessible manner, and is therefore an invaluable resource for practitioners, scholars and students with an interest in diplomatic relations.
Author: Paul Behrens
Publisher: Oxford University Press
The granting of diplomatic asylum to Julian Assange, the dangers faced by diplomats in troublespots around the world, WikiLeaks and the publication of thousands of embassy cable - situations like these place diplomatic agents and diplomatic law at the very centre of contemporary debate on current affairs. Diplomatic Law in a New Millennium brings together 20 experts to provide insight into some of the most controversial and important matters which characterise modern diplomatic law. They include diplomatic asylum, the treatment (and rights) of domestic staff of diplomatic agents, the inviolability of correspondence, of the diplomatic bag and of the diplomatic mission, the immunity to be given to members of the diplomatic family, diplomatic duties (including the duty of non-interference), but also the rise of diplomatic actors which are not sent by States (including members of the EU diplomatic service). This book explores these matters in a critical, yet accessible manner, and is therefore an invaluable resource for practitioners, scholars and students with an interest in diplomatic relations. The authors of the book include some of the leading authorities on diplomatic law (including a delegate to the 1961 conference which codified modern diplomatic law) as well as serving and former members of the diplomatic corps.
This book is a commentary on the 1961 Vienna Convention on Diplomatic Relations, the universally accepted framework for diplomacy between sovereign states.
Author: Eileen Denza
Publisher: Oxford University Press
Diplomatic Law was first published in 1976. Written with the benefit of the authors deep and practical understanding of the subject as a Legal Counsellor in the Foreign and Commonwealth Office, it has become widely regarded as the leading work in the field. The enlarged and fully revisedsecond edition is now available for the first time in paperback.Denza provides a commentary on the 1961 Vienna Convention on Diplomatic Relations, the universally-accepted framework for diplomacy between sovereign States. The author places each provision of the Convention in its historical context. The negotiating background to the provisions is supplementedwith a comprehensive commentary on the application of the Convention by the United Kingdom and the United States, together with expanded coverage of the diplomatic practice and jurisprudence of other States. The book also includes a thorough examination of topical problems in the field, includingthe abuse of diplomatic immunity, terrorist violence, and hostile demonstrations against embassies.Diplomatic Law is an invaluable source of practical guidance for Ministeries of Foreign Affairs and diplomats in the field, and an indespensable work of reference and learning for practitioners and scholars of public international law.
I recommend this book to diplomats, lawyers and the general reader: they will all read and refer to it with profit and immense pleasure.
Author: Paul Behrens
Publisher: Bloomsbury Publishing
Diplomatic interference carries considerable potential for disruption. In this context, diplomats have been accused of insulting behaviour, the funding of political parties, incitement to terrorism and even attempts to topple the host government. Reactions can be harsh: expulsions are common and, occasionally, diplomatic relations are severed altogether. But an evaluation under international law faces challenges. Often enough, charges of interference are made when legitimate interests are involved – for instance, when diplomats criticise the human rights record of their hosts. In such cases, diplomats may be able to invoke grounds which are recognised under international law. On the basis of more than 300 cases of alleged diplomatic interference and the practice of about 100 States and territories, Diplomatic Interference and the Law provides an examination of the main areas in which charges of meddling have arisen – such as lobbying activities, contacts with the opposition, propaganda, the use of threats and insults and the granting of asylum. It analyses situations in which the sovereignty of the receiving State meets competing interests and offers solutions which avoid a conflict of norms. It concludes with useful advice for foreign offices and diplomatic agents and underlines the most efficient ways of dealing with situations of alleged interference. ''A book that is here to stay! It is essential reading for diplomats, academics, journalists, students and everyone who has an interest in international law and justice. Based on rigorous research, Paul Behrens' book offers new and thoughtful perspectives on the Vienna Convention on Diplomatic Relations which we drafted in 1961. It demonstrates just how important it is to have a lawyer of his impartiality and integrity if we want to reach peaceful and lasting solutions in international relations. Diplomatic Interference and the Law has the makings of an instant classic, and I have no doubt that it will pave the way for the sorely needed reform of diplomatic law.'' Dr Nelson Iriñiz Casás, Vice President of the Committee of the Whole of the Vienna Conference on Diplomatic Relations in 1961; former Head of the diplomatic missions of Uruguay to Austria, Czechoslovakia, Hong Kong, Denmark and Sweden; author of Corrupción en la ONU. ''Dr Behrens's book rigorously analyses the legal doctrine of non-interference by diplomats in their hosts' internal affairs, and how it may conflict with legal obligations to combat, for example, denial of self-determination and breaches of human rights. Exhaustively researched and in accessible language, with copious, often entertaining examples, it will be an indispensable guide for diplomats. "Behrens on diplomatic interference" will be cited as the definitive authority on the matter for the foreseeable future. I recommend this book to diplomats, lawyers and the general reader: they will all read and refer to it with profit and immense pleasure.'' Sir Brian Barder KCMG, BA (Cantab.), is a former British ambassador to Ethiopia, Bénin and Poland and High Commissioner to Nigeria and Australia. ''Paul Behrens' book breaks new ground. It is the first study to focus on the vexed question of diplomatic 'meddling' in the domestic affairs of the receiving State. It has heightened topicality as many Western governments in their concern to promote human rights and democracy urge their diplomats to be active in their support of civil society, particularly in countries with authoritarian governments. This book is replete with case studies covering the 50 years since the signature of the Vienna Convention and provides an invaluable pathway through this legal minefield.'' Sir Ivor Roberts KCMG FCIL, President of Trinity College, Oxford; Former British Ambassador to Yugoslavia, Ireland and Italy
This work also analyses some cases, explaining how the rules regarding the diplomatic privileges and immunities are implementing in practice.
Author: Mirza Pasic
Publisher: GRIN Verlag
Master's Thesis from the year 2013 in the subject Law - Miscellaneous, grade: 1,7, , course: Master of International and European Public Law, language: English, abstract: Historically, diplomatic immunity arose out from the respect of the messengers who carry the message of their ruler or sovereign to declare war, conclude peace or about other important national issues. What is the appropriate scope of diplomatic immunity or whether the diplomatic privileges and immunities are too broad and in what parts they should be limited? The answer to this question requires the study of the history, theory, and practice of the diplomatic privileges and immunities. The Vienna Convention is the vital subject of this work because it codified in details the customary law and the diplomatic practices regarding the diplomatic privileges and immunities. This work also analyses some cases, explaining how the rules regarding the diplomatic privileges and immunities are implementing in practice.
This book, in its effort to formulate compatibility between Islamic law and the principles of international diplomatic law, argues that the need to harmonize the two legal systems and have a thorough cross-cultural understanding amongst ...
Author: Muhammad-Basheer .A. Ismail
This book, in its effort to formulate compatibility between Islamic law and the principles of international diplomatic law, argues that the need to harmonize the two legal systems and have a thorough cross-cultural understanding amongst nations generally with a view to enhancing unfettered diplomatic cooperation should be of paramount priority.
Designed as a guide intended primarily for diplomatic missions established in Belgium, this handbook is also relevant for civil servants, judges, lawyers and bailiffs encountering questions of diplomatic law in Belgium, as well as for ...
Author: Frédéric Dopagne
Foreword by Mr. Didier Reynders, Deputy Prime Minister and Minister of Foreign Affairs, Foreign Trade and European Affairs. Belgium hosts numerous diplomatic missions. These are either accredited to the Kingdom of Belgium or to one of the international organisations headquartered in Belgium. Their operation, as well as the legal status and privileges and immunities of their members, are essentially regulated by the Vienna Convention on Diplomatic Relations, dated 18 April 1961. This handbook describes Belgium’s practice vis-à-vis these missions, and analyses the day-to-day implementation of the Vienna Convention by the various Belgian authorities. It systematically reviews the limited number of legislative or regulatory provisions, the Government’s practice – set out inter alia in several ‘circular notes’ communicated to the missions present in Belgium – and, additionally, identifies the jurisprudence of courts and tribunals and highlights the possible deviations from the practice of the executive branch. Designed as a guide intended primarily for diplomatic missions established in Belgium, this handbook is also relevant for civil servants, judges, lawyers and bailiffs encountering questions of diplomatic law in Belgium, as well as for students and researchers seeking information on national practice in this area of law.
In this work the author explores the subjects of sovereignty, diplomacy and the function of diplomats, diplomatic missions, protocol, ethics in diplomacy, the role of Ministries of Foreign Affairs, intergovernmental conferences and the ...
Author: Charles Chatterjee
In this work the author explores the subjects of sovereignty, diplomacy and the function of diplomats, diplomatic missions, protocol, ethics in diplomacy, the role of Ministries of Foreign Affairs, intergovernmental conferences and the United Nations. It: includes a useful glossary of over sixty essential terms (such as Calvo Doctrine, Extradition, Rapporteur and Uti Possidetis Juris) clearly relates the conduct of diplomacy to the principles of international law. This volume will appeal to graduate and undergraduate students studying diplomacy, public administration and international relations courses as well as practising diplomats, international organization and foreign ministry officials and those who have regular dealings with them.
This book is a comprehensive overview of the theory, history, law, institutional framework and culture of global diplomacy.
Author: Yolanda Kemp Spies
This book is a comprehensive overview of the theory, history, law, institutional framework and culture of global diplomacy. It reflects on the key existential challenges to the institution and addresses aspects that are often overlooked in diplomatic studies: inter alia diplomatic law, development-driven diplomacy and the bureaucracy of diplomatic practice. All chapters are extensively illustrated with recent case examples from across the world. Special emphasis is placed on incorporating perspectives from Africa and other developing regions in the Global South, so as to balance the Eurocentrism of traditional diplomatic literature.
This book provides an in-depth examination of the legal and non-legal regimes directed towards the protection of diplomatic personnel around the world.
Author: J. Craig Barker
The recent emergence of many new states and the creation of a large number of international institutions have resulted in considerable growth in the number of persons having diplomatic status. However, an unfortunate side-effect of this growth has been a corresponding increase in the number of attacks on diplomatic personnel, as symbolic figures diplomats are targets for all types of political violence. This book provides an in-depth examination of the legal and non-legal regimes directed towards the protection of diplomatic personnel around the world. It examines the theoretical and practical justifications for the granting of special protection to such personnel and also particular recent developments in international law relating to the prevention of terrorism and the development of international criminal law, including the International Criminal Court.
The analysis integrated in the textbook challenges students to develop critical thinking skills. The sixth edition is comprehensively updated throughout and is carefully constructed to reflect current teaching trends and course coverage.
Author: Malcolm N. Shaw
Publisher: Cambridge University Press
Malcolm Shaw's engaging and authoritative International Law has become the definitive textbook for instructors and students alike, in this increasingly popular field of academic study. The hallmark writing style provides a stimulating account, motivating students to explore the subject more fully, while maintaining detail and academic rigour. The analysis integrated in the textbook challenges students to develop critical thinking skills. The sixth edition is comprehensively updated throughout and is carefully constructed to reflect current teaching trends and course coverage. The International Court of Justice is now examined in a separate dedicated chapter and there is a new chapter on international criminal law. The detailed references and reliable, consistent commentary which distinguished previous editions remain, making this essential reading for all students of international law whether they be at undergraduate level, postgraduate level or professional lawyers.
This means that students of international relations need increasingly to be familiar with the terminology and methodology of international law.This essential introductory text examines the key concepts in international law with a view to ...
Author: J. Craig Barker
Publisher: Bloomsbury Publishing
The disciplines of international law and international relations are inextricably linked. Both are concerned with the activities of states and with predicting how states behave and on what basis.For the international lawyer, however, the key concern is the role of the law. On the other hand, political scientists have traditionally regarded international law with skepticism, if not contempt. In recent years new approaches in both disciplines have seen moves towards greater interdisciplinary collaboration. Indeed, at the start of the twenty-first century, theorists from both disciplines are talking actively about the development of a dual agenda of international law and international relations. This means that students of international relations need increasingly to be familiar with the terminology and methodology of international law.This essential introductory text examines the key concepts in international law with a view to illuminating them in the context of international relations. The first part of the book provides coverage of theoretical issues, addressing questions such as: How does international law work? How is international law made? and To whom does international law apply? The second part examines international law in context, focusing on the role of treaties and customary international law, the role of individuals in international law and the legal control of the use of force. It also uses case-study material including an examination of the Pinochet litigation.
This book will also be available online as an e-reference on the Oxford University Press Digital Reference Shelf.
Author: John P Grant
Publisher: Oxford University Press
For nearly thirty-five years, the international legal community has relied on one ambitious yet humble volume as a starting point for legal questions. This classic red volume is a one-of-a-kind reference tool that brings together both terminology and pertinent descriptive information on international law. This book will also be available online as an e-reference on the Oxford University Press Digital Reference Shelf. Now in its third edition, The Parry and Grant Encyclopaedic Dictionary of International Law is completely updated and expanded to include increased coverage in growing areas of international law including diplomatic law, criminal law, human rights, and more. Over 2,500 entries (over a 20% increase in content from the previous edition) provides the reader with copious references for further research including cases, treaties, journal articles, and websites. Its alphabetically arranged entries allow the reader to form a deeper understanding than a mere definition could supply and offer concise but substantial information on such essentials of international law as: Legal terms as used in international law Significant doctrines Prominent cases, decisions and arbitration Important incidents Judicial and literary figures Treaties and conventions Organizations and institutions Acronyms