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Vienna Convention: Diplomatic & Consular Relations Research Paper

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Updated: Sep 25th, 2020

Introduction

The Vienna Convention on Diplomatic Relations and The Vienna Convention on Consular Relations are the vital acts in the system of international relations. They govern the conduct and status of diplomatic entities throughout the world and regulates consular relations between actors acting at the international level. They build the legal foundation for diplomatic interactions between independent states. For any diplomat, these documents possess extreme importance, since they allow him/her to fulfill his/her duties without fear of pressure or persecution. That is why this work will discuss the concepts behind this convention that affect diplomats the most as well as certain terms that are often used by modern diplomats and should be clear to them.

Diplomatic Immunity (Article 31)

Diplomatic immunity is a mechanism that protects diplomats. It is a type of legal immunity that keeps diplomats safe from any legal persecutions from host countries. Even though it makes diplomatic entities immune to lawsuits, they still can be expelled from host countries. Also, home countries can cancel the immunity of their diplomats, if they committed some serious offense. This concept is essential because it works like a measure against coercion of diplomatic staff, which is extremely important in situations of armed conflicts.

Persona Non Grata (Article 9)

Persona Non Grata is not simply some person, but the whole institution in international diplomatic law. This legal mechanism allows countries to bar the entrance for foreign diplomatic staff. It is akin to the countermeasure for the diplomatic immunity institution that prevents the abuse of diplomatic privileges. This concept of international law can be implemented by any sovereign state without any explanations. It is important because it enables countries to oppose the espionage and political sabotage successfully.

Diplomatic Accreditation (Article 14)

Diplomatic Accreditation is the institution that certifies head diplomatic representatives. This processor officially empowers the ambassador and works as the acknowledgment of his diplomatic status by the host country. The ambassador must provide his professional credentials approved by his country’s head of the state to the host country’s head of the state for review. According to the Vienna Convention on Diplomatic Relations, the ambassador cannot officially perform his functions without diplomatic accreditation. It helps to consolidate the diplomatic effort between countries and choose the most experienced professional as the leader of the diplomatic mission.

Diplomatic Communication (Article 27)

The Vienna Convention on Diplomatic Relations also emphasizes the establishment of free communications between the official diplomatic representatives. It states that the diplomatic mission may use every form of communication when consulting with the State, such as special curries or various messages. It also allows for the usage of listening devices, but only after the official approval from the host country. This legal mechanism also protects all of the official correspondence used by diplomatic missions. This concept is important for diplomats because it allows them to communicate efficiently and protects vital information with which they work.

The Third State (Article 40)

This legal mechanism allows for the sending State to protect the interest of another country in the case of an emergency. The Vienna Convention on Diplomatic Relations says that if the third State requests, the sending State can protect its interest, before the consent of the receiving State. This legal mechanism is important for diplomats because it allows for better cooperation between different diplomatic missions and helps to build up the professional integrity of the diplomatic staff.

The Diplomatic Mission (Article 3)

The diplomatic mission is the concept that enables countries to set the system of diplomatic communication properly. The diplomatic missions are mostly implemented in the form of embassies. Embassies themselves are not simply places where diplomatic staff operates, but also diplomatic staff itself. As stated in the Vienna Convention on Diplomatic Relations, diplomatic missions enjoy inviolability and cannot be accessed by host countries without special permission. This works as a fail-safe, even when diplomatic immunity fails since diplomatic missions have limited extraterritorial status.

The Diplomatic Family (Article 36)

The diplomatic family is the concept of shared privileges between diplomats and their family members. The Vienna Convention on Diplomatic Relations directly states that the members of the diplomat’s household enjoy similar immunities as the diplomatic staff does. This means that the family members of diplomats are also under the protection of international diplomatic law. It helps tremendously to bolster the integrity of diplomatic officials since it bars diplomatic coercion through their family members.

Vienna Convention on Consular Relations

Ratification (Article 75)

In modern diplomacy, this term is used to define the agreement between different states that are parties to a certain treaty. The conditions of this very treaty are discussed and accepted. This very process is called ratification, and it is extremely important for modern diplomacy. Ratification of a certain treaty might mean that a solution to a certain conflict is suggested and different states can collaborate to create the most efficient plan of the further improvement of the situation. Finally, the term ratification is synonymous with approval or acceptance; however, it is more formal and is used in a specific context.

Precedence (Article 16)

The term could be defined as a set of rules and regulations that are introduced to create the framework for the efficient collaboration between heads of consular posts and establish certain relations between them. There is certain precedence in accordance to which heads of posts shall observe the order outlined by exequatur. The improved comprehending of this very term is crucial for the functioning of any diplomat as he/she should realize the hierarchy that is introduced by numerous regulations and preserve the existing legal framework. Only under these conditions improved outcomes could be achieved.

Exequatur (Article 16)

The given term could be used to describe a document the legalizes authority given to a diplomat or ahead of a consular post. In the broader meaning, the term could also be used to identify the scope of all rights and powers a certain person belonging to the diplomatic mission possesses. This term is vital for any diplomat as trying to find a solution to a certain problem he/she should be able to act within the outlined framework and observe the laws of a certain state.

Termination of functions (Article 25)

The concept is used to describe the situation when the functions and authorities of a consular post come to their end. It could be preconditioned by different factors, including some diplomatic ones. However, it is extremely crucial to note a diplomat about the termination of his/her functions as it means that his/her actions are no longer legitimate and he/she is not able to represent a certain state at the international level.

Consent (Article 2)

The given term could be defined as a certain actors readiness to participate in a specific process or engage in an activity. It also presupposes the existence of some background information which will result in the consideration of the most important aspects of an issue and the creation of the most appropriate solution. In terms of modern diplomacy, informed consent is one of the most powerful tools that are used to attain success in different negotiations and find the best possible solution to some problematic issues. Any diplomat should be ready to use this term in his/her practice to attain success and improve international relations.

Conclusion

The Vienna Convention on Diplomatic Relations and The Vienna Convention on Consular Relations expand on different aspects of the international diplomatic law. They cover a lot of principles of diplomatic conduct and heavily influence interactions between sovereign states. They regulate both the behavior and duties of diplomatic representatives, as well as the status of their working frame and family members. These conventions are the pivotal acts for any form of diplomatic intercourse, equally important for various officials, from the ambassador and to the technical staff of embassies. That is why the most important concepts and terms should be analyzed and understood by a modern diplomat to guarantee that the improved comprehending at the international level will be achieved.

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IvyPanda. (2020, September 25). Vienna Convention: Diplomatic & Consular Relations. Retrieved from https://ivypanda.com/essays/vienna-convention-diplomatic-amp-consular-relations/

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"Vienna Convention: Diplomatic & Consular Relations." IvyPanda, 25 Sept. 2020, ivypanda.com/essays/vienna-convention-diplomatic-amp-consular-relations/.

1. IvyPanda. "Vienna Convention: Diplomatic & Consular Relations." September 25, 2020. https://ivypanda.com/essays/vienna-convention-diplomatic-amp-consular-relations/.


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IvyPanda. 2020. "Vienna Convention: Diplomatic & Consular Relations." September 25, 2020. https://ivypanda.com/essays/vienna-convention-diplomatic-amp-consular-relations/.

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IvyPanda. (2020) 'Vienna Convention: Diplomatic & Consular Relations'. 25 September.

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