Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations

The 1961 Vienna Convention on Diplomatic Relations is a key international treaty that governs relations between sovereign states. It is widely respected and has special protection for ambassadors. This Commentary provides an in-depth analysis of the Convention's background, negotiating history, and subsequent practice. It explains why the Convention is widely observed and why its rules do not apply in the case of communications, despite flagrant violations of their special status. It also describes how abuse has been controlled and how the immunities in the Convention have survived challenges.

Format: Paperback / softback
Length: 472 pages
Publication date: 15 February 2018
Publisher: Oxford University Press

The 1961 Vienna Convention on Diplomatic Relations has played a pivotal role in diplomacy for over half a century, applying to all forms of relations among sovereign States. Its participation is nearly universal, and the rules granting special protection to ambassadors are among the oldest established in international law. While the Convention is widely respected worldwide, understanding it as a living instrument requires an understanding of its historical context, including customary international law, the negotiating history that clarifies its terms, and the subsequent practice of states and national courts that have resolved ambiguities. Diplomatic Law provides an in-depth commentary on this Convention, serving as an essential guide to the evolving methods of modern diplomacy.

The book explores how challenges to the regime of special protection for embassies and diplomats have been met and resolved. It examines the reasons behind the widespread observance of Convention rules, even in cases of blatant violation of their special status, particularly in the realm of communications. It describes how abuse has been controlled and how the immunities granted under the Convention have survived attempts by those seeking to undermine them, citing conflicting entitlements to access to justice and the desire to punish human rights violators.

Furthermore, the book delves into 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. It discusses the evolving dynamics between the interests of individual states and the broader goals of promoting human rights and international peace and security.

Overall, Diplomatic Law offers a comprehensive and insightful analysis of the Vienna Convention on Diplomatic Relations, providing valuable insights into the historical, legal, and practical aspects of international diplomacy. It is a valuable resource for policymakers, diplomats, scholars, and anyone interested in understanding the complex dynamics of international relations and the role of diplomacy in shaping the world.

Weight: 800g
Dimension: 173 x 247 x 24 (mm)
ISBN-13: 9780198825654
Edition number: 4 Revised edition