Vienna Conventions on Diplomatic and Consular Relations - Oxford Handbooks
The Vienna Convention on Diplomatic Relations (VCDR) and the Vienna Convention on Consular Relations form the core of international diplomatic. In the s, however, the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations stipulated that the level of immunity. Introduction. The Vienna Convention on Diplomatic Relations (VCDR, signed in Vienna on 18 April , entered into force on 24 April.
Instead, it was incorporated in another optional protocol. Content of the Convention 1.
States and the ILC early on decided to limit the project and cover other issues separately. Special missions are the subject of a separate convention and permanent missions to international organizations are regulated by the headquarters agreements of those organizations International Organizations or Institutions, Headquarters.
In recognition of the abundance of customary international law in the area and the vagueness of some of its provisions, the Convention explicitly states in its preamble that customary rules continue to govern questions not expressly regulated by it. As the ICJ held in the United States Diplomatic and Consular Staff in Tehran Case United States of America v Iran  ICJ Rep 3however, there is no room for applying additional rules of general international law in the area of defences against, and sanctions for, abuses of privileges and immunities of members of diplomatic missions.
In that respect diplomatic law itself provides the necessary tools, such as declaring a member of the diplomatic staff persona non grata or breaking off diplomatic relations Diplomatic Relations, Establishment and Severance ; Self-Contained Regime. The division of the Convention into sections and the article headings originally contained in the ILC draft were later deleted, but they can still serve as a rough point of orientation for the content of the agreement. Following and adapting that structure to the later changes, the Convention contains eight parts: The content of the Convention will be presented in more detail below, albeit with the necessary limitation to the most important issues under the Convention.
The ILC had refrained from taking sides in that long-standing debate, with many members regarding the issue as one of mere theory. That theory guided the ILC in its drafting work. The statement also refers to a second theory according to which the mission represents the sending State. The long-cherished theory of extraterritorialityhowever, is not mentioned and can be regarded as outdated. It also contains definitions of private servants and the premises of the mission.
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Family members have long been granted privileges and immunities by States, but the Vienna Conference could not settle on a definition due to different concepts of family. Several prominent commentaries and monographs on the Conventions and the diplomatic and consular practice have been published, many of which have been updated at regular times. These handbooks have acquired the status of authoritative sources in explaining and analyzing diplomatic and consular law.
The legal focus, however, is just one part of the debate. Traditionally, scholarship on the Vienna Conventions has also benefited from insights from international relations, political science, sociological and linguistic studies, and historical perspectives.
Vienna Convention on Diplomatic Relations
The same applies to journals, which generally adopt multidisciplinary approaches to diplomacy in a broader sense. In addition to the academic study of this topic, former diplomats and consuls have been actively contributing to the debate by publishing handbooks and journal articles. Users without a subscription are not able to see the full content on this page.
Please subscribe or login. Article 30 extends this provision to the private residence of the diplomats.
Article 24 establishes that the archives and documents of a diplomatic mission are inviolable. The receiving country shall not seize or open such documents.
The host country must permit and protect free communication between the diplomats of the mission and their home country. A diplomatic bag must never be opened even on suspicion of abuse. A diplomatic courier must never be arrested or detained.
Diplomats must not be liable to any form of arrest or detention. They are immune from civil or criminal prosecution, though the sending country may waive this right under Article Article 34 speaks about tax exemption of diplomatic agents while Article 36 establishes that diplomatic agents are exempted from custom duties. The family members of diplomats that are living in the host country enjoy most of the same protections as the diplomats themselves.
Optional protocols[ edit ] In the same year that the treaty was adopted, two amendment protocols were added.