Diplomatic and consular law

1. Diplomatic and consular law

2. - 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 Origins

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