A Cornerstone of Modern Diplomacy Britain and the Negotiation of the 1961 Vienna Convention on Diplomatic Relations

by Bruns, Kai; Scott-Smith, Giles; Rofe, J. Simon

• ISBN13: 9781501316319
• ISBN10: 1501316311
• Format: Paperback
• Copyright: 2015-12-03
• Publisher: Bloomsbury Academic

Summary

The Vienna Convention on Diplomatic Relations (VCDR) was signed at the height of the Cold War more than fifty years ago. The agreement and its negotiation have become a cornerstone of diplomatic law.

A Cornerstone of Modern Diplomacy, which is based on archival research in the National Archives (London), the Austrian State Archives (Vienna) and the Political Archive (Berlin), delivers the first study of the British policy during the negotiation of the key convention governing diplomatic privileges and immunities: the 1961 Vienna Convention on Diplomatic Relations. The book provides a complete commentary on the political aspects of the codification process of diplomatic law. By clearly presenting the case with accessible analysis, author Kai Bruns makes the relations between international law and politics understandable, stressing the impact of the emergence of the third world in UN diplomacy.

This unique study is a crucial piece of scholarship, shedding light on the practice of United Nations conference diplomacy and the codification of diplomatic law at the height of the Cold War.

Author Biography

Kai Bruns is Assistant Professor at American University in the Emirates, UAE.

Table of Contents

ACKNOWLEDGEMENTS/CONTENTS/FIGURES/ABBREVIATIONS/INTRODUCTION
PART I: THE PREPARATORY STAGE: 1949-1960
1 CODIFICATION OF INTERNATIONAL LAW: ORGANS AND PROCEDURES
Evolution of the International Law Commission, 1947 to 1960/ The Sixth (Legal) Committee of the United Nations General Assembly/ The Codification Process/ Conclusion
2 THE INTERNATIONAL LAW COMMISSION ON DIPLOMATIC PRIVILEGES AND IMMUNITIES, 1949 - 1958
The Fifth to Eighth Session of the International Law Commission, 1953 to 1956/ The Ninth Session of the International Law Commission in 1957/ The Tenth Session of the International Law Commission in 1958/ Conclusion
3 BRITAIN'S FOREIGN POLICY- PROCESS: PREPARING FOR THE 1961 VIENNA CONFERENCE
Coordinating Britain's View on the Codification of Diplomatic Privileges and Immunities/ Dealing with the 1957 Set of Provisional Draft Articles/ Preparing the Commentary for the 1958 ILC Draft Articles
Whitehall Comments on the ILC Drafts/ Her Majesty's Home Office/ The Lord Chancellor's Office/ The Treasury and its Revenue Departments/ The Ministry of Pensions and National Insurance/ The General Post Office/ The Commonwealth Relations Office/ Late Recognition of the Problem/ The Future Convention and its Application to Commonwealth Relations/ Troubleshooting Articles/ Minor Changes and Terminological Differences/ Important Questions of Principle/ Interpretation of the More Favourable Treatment Clause/ Conclusion
PART II: THE DIPLOMATIC STAGE: 1961-1964
4 THE PRELIMINARIES OF THE 1961 VIENNA CONFERENCE
Opening of the Conference and Discussion on Participation/ Organisation of the Conference /
Adoption of the Rules of Procedure/ The General Committee: Election of Vice-Presidents/
Election of the Chairman of the Committee of the Whole/ Appointment and Report of the Credentials Committee/ Working Procedures of the Committee of the Whole/ Appointment of the Drafting Committee / Conclusion
5 ANALYSIS OF THE 1961 VIENNA CONFERENCE NEGOTIATIONS
Statistics of the Vienna Conference/ Articles and Documents adopted by the Conference/ The positive Conference Atmosphere and Spirit of Cooperation/ Types of Disputes and Negotiation Examples
Canned Arguments/ Progressive Codification / Political, Cold War Confrontations/ Unbalanced Reciprocity, when Rules seemed to carry one-sided Benefits / Bone of Contention: Privileges and Immunities of Non-Diplomatic Staff/ Conclusion
6 BRITAIN AND THE 1961 VIENNA CONFERENCE: A HAZARDOUS TASK
Britain's Delegation: Composition, Communication and Instructions/ Exerting Influence/ Objectives, Negotiation Tactics and Results/ Negotiations of Commonwealth Issues at Vienna/ Article 47: Non-Discrimination/ Foreign Office Points/ Treasury Issues/ Post-Vienna: Signing and Ratification of the 1961 Vienna Convention/ Britain's Ratification of the Vienna Convention on Diplomatic Relations, 1962-1964/ Conclusion
7 CONCLUSION
APPENDIX I: OVERVIEW OF THE 1961 VIENNA CONVENTION AND THE 1958 DRAFT ARTICLES
APPENDIX II: VOTING-RESULTS IN COMMITTEE AND PLENARY
Voting-results in Committee of the Whole
Voting-results in Plenary
APPENDIX III: WHO'S WHO
Legal Adviser Branch to the British Foreign Office, 1959-1961
Whitehall Departments, 1957 to 1964
Commissioners of the International Law Commission involved in Negotiations: 1957 to 1961
Other Conference Officers
BIBLIOGRAPHY
INDEX