Diplomatic Law Commentary on the Vienna Convention on Diplomatic Relations

by Denza, Eileen

• ISBN13: 9780199216857
• ISBN10: 0199216851
• Edition: 3rd
• Format: Hardcover
• Copyright: 2008-06-02
• Publisher: Oxford University Press

Summary

Diplomatic Law was first published in 1976. Written with the benefit of the author's deep and practical understanding of the subject as a Legal Counselor in the Foreign and Commonwealth Office, it has become widely regarded as the leading work in the field. Denza places each provision of the Convention in its historical context; provides commentary on the application of the Convention by the UK, the US, and other States; and thoroughly examines topical problems in the field including the abuse of diplomatic immunity and terrorist violence. This fully updated new edition also highlights important new trends in the application of the Convention regime. It explores the interaction between State and diplomatic immunity (as shown in the Pinochet case), examines methods of establishing and conducting diplomatic relations under conditions of physical danger, and looks at increased evidence of disregard for the rules of secrecy in diplomatic communications. Denza also explores and the greater latitude for diplomats to 'interfere' in the internal affairs of the receiving State in the interest of protecting human rights and evaluates the impact of adoption of the UN Convention on Jurisdictional Immunities of States and their Property.

Author Biography

Eileen Denza is a former Legal Councillor to the Foreign and Commonwealth Office. She was the legal advisor to the UK representation to the European Community from 1980 to 1983, and was Council to the EC Committee in the House of Lords from 1987 to 1995. She is currently Aa Visiting Professor at University College, London.

Table of Contents

Table of Cases	p. xi
Abbreviations	p. xxi
Introduction	p. 1
Preamble	p. 13
Definitions	p. 16
Establishment of Diplomatic Relations	p. 24
Functions of a Diplomatic Mission	p. 35
Appointment of Head of the Mission	p. 46
Multiple Accreditation	p. 53
Appointment of the Staff of the Mission	p. 60
Nationality of Diplomatic Staff	p. 69
Persona Non Grata	p. 73
Notification of Staff Appointments and Movements	p. 88
Size of the Mission	p. 94
Offices Away from the Seat of the Mission	p. 101
Commencement of Functions and Precedence of Heads of Mission	p. 106
Classes of Heads of Mission	p. 110
Precedence among Heads of Mission	p. 116
Charge d'Affaires ad Interim	p. 121
Flag and Emblem of the Sending State	p. 125
Assistance in Obtaining Accommodation	p. 128
Inviolability of the Mission Premises	p. 135
Exemption of Mission Premises from Taxation	p. 180
Inviolability of the Archives	p. 189
Facilities for the Mission	p. 200
Freedom of Movement	p. 205
Freedom of Communication	p. 211
Inviolability of Official Correspondence	p. 225
The Diplomatic Bag	p. 227
Diplomatic Couriers	p. 249
Exemption of Official Fees from Taxation	p. 255
Personal Inviolability	p. 256
Inviolability of Residence and Property	p. 270
Immunity from Jurisdiction	p. 280
Exemption from Giving Evidence	p. 314
Immunity from Execution	p. 319
Jurisdiction of the Sending State and Other Remedies	p. 321
Waiver of Immunity	p. 330
Exemption from Social Security Provisions	p. 349
Exemption from Taxation	p. 355
Exemption from Personal Services	p. 377
Exemption from Customs Duties and Inspection	p. 379
Members of the Family of a Diplomatic Agent	p. 391
Junior Staff of the Mission and Private Servants	p. 401
Nationals and Permanent Residents of the Receiving State	p. 413
Commencement of Privileges and Immunities	p. 426
Termination of Privileges and Immunities	p. 434
Property of a Deceased Member of a Mission	p. 449
Duties of Third States	p. 451
Duties of the Mission Towards the Receiving State	p. 460
Professional or Commercial Activity by Diplomat	p. 473
End of Diplomatic Functions	p. 476
Facilities for Departure	p. 481
Breach of Relations and Protection of Interests	p. 484
Non-Discrimination and Reciprocity	p. 497
Final Clauses	p. 503
Optional Protocol Acquisition of Nationality	p. 506
Optional Protocol Settlement of Disputes	p. 511
Vienna Convention on Diplomatic Relations	p. 517
Parties to Vienna Convention on Diplomatic Relations and to its two Optional Protocols	p. 531
Bibliography	p. 542
Index	p. 549
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