The 1961 Vienna Convention on Diplomatic Relations has for over 50
years been central to diplomacy and applied to all forms of
relations among sovereign States. Participation is almost
universal. The rules giving special protection to ambassadors are
the oldest established in international law and the Convention is
respected almost everywhere. But understanding it as a living
instrument requires knowledge of its background in customary
international law, of the negotiating history which clarifies many
of its terms and the subsequent practice of states and decisions of
national courts which have resolved other ambiguities. Diplomatic
Law provides this in-depth Commentary. The book is an essential
guide to changing methods of modern diplomacy and shows how
challenges to its regime of special protection for embassies and
diplomats have been met and resolved. It is used by ministries of
foreign affairs and cited by domestic courts world-wide. The book
analyzes the reasons for the widespread observance of the
Convention rules and why in the special case of communications -
where there is flagrant violation of their special status - these
reasons do not apply. It describes how abuse has been controlled
and how the immunities in the Convention have survived onslaught by
those claiming that they should give way to conflicting
entitlements to access to justice and the desire to punish
violators of human rights. It describes 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.
General
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