DIPLOMATIC AND CONSULAR LAW NOTES
BRIEF HISTORY OF DIPLOMATIC
RELATIONS
History emanates from the doctrine of statehood. Diplomatic history can be different from
international relations in that the former can concern itself with the foreign policy of one state
while the latter deals with the relations between two or more states.
th
The modern form of diplomatic history was codified in 19 century by LEOPOLD VAN
BANICE it was necessitated by events such as the Napoleonic wars and the Franco German
wars. In ancient Europe, diplomacy began with the first city states formed in ancient Greece.
Diplomats were sent specifically for negotiations and would return immediately after their
mission was concluded.
In modern Europe especially Italy, embassies were established. Milan played a leading role
especially under FRANCESCO SCORZA who established permanent embassies. From Italy, the
practice spread to other European regimes.
The Holy Roman Empire however did send permanent legates and thus initiated relations
between states as per their church functions.
FOUNDATIONS OF DIPLOMATIC LAW
Diplomatic relations emanate from the aspect of statehood between nations and from the
doctrine of recognition under international law. It lies accordingly in the desire of states that
their diplomatic relations should function on a stable and orderly basis. Granted the existence of
independent, potentially antagonistic, sovereign states, legal regulations provide a feeling of
security.
Thus in the particular context of diplomatic law, it must be emphasized that the body of law
normally only comes into operation after a state has agreed to accept the representation of
another. A state is however allowed to determine for itself how to give effect to its international
obligations. The various international measures include judicial decisions relating to diplomats
as seen in the case of U.S V CONSULAR STAFF OF TERHAN
There has been a growing demand for countries to establish a framework which defines the
manner in which these states relate and co exist in their day to day activities this has been done
though several ways mainly signing of treaties.
The Vienna convention on diplomatic relations 1961 was a milestone in strengthening interstate
relationships it is a treaty which gives a framework that governs diplomatic relations among
different independent states in the world. The treaty gives freedom for diplomatic missions
allowing diplomats to carry out their duties without fear, harassment or interference from the
host country.
However, the articles of the Vienna convention are the main cornerstone of today’s international
affairs being ratified by over 180 countries in the world
The establishment of diplomatic relations between States, and of permanent diplomatic missions,
takes place by mutual consent.
The Vienna Convention on Diplomatic Relations does not define diplomatic relations, nor does
it define the 'States' which are entitled to establish and conduct diplomatic relations. Relations
between States and international organizations, and between international organizations
themselves, are excluded from the scope of the 1961 Vienna Convention. In order to determine
whether all entity has the 'right of legation' for the purposes of this Convention it is necessary to
determine whether or not it is a State. Grotius stated that the 'ius legationis' was an attribute of
sovereignty. Later writers on diplomatic law, such as Genet and more recently Salmon, discuss
in detail which entities possessed it, with reference to unusual or disputed cases such as the Holy
, See, deposed sovereigns, Members of the British Commonwealth, and national liberation
BRIEF HISTORY OF DIPLOMATIC
RELATIONS
History emanates from the doctrine of statehood. Diplomatic history can be different from
international relations in that the former can concern itself with the foreign policy of one state
while the latter deals with the relations between two or more states.
th
The modern form of diplomatic history was codified in 19 century by LEOPOLD VAN
BANICE it was necessitated by events such as the Napoleonic wars and the Franco German
wars. In ancient Europe, diplomacy began with the first city states formed in ancient Greece.
Diplomats were sent specifically for negotiations and would return immediately after their
mission was concluded.
In modern Europe especially Italy, embassies were established. Milan played a leading role
especially under FRANCESCO SCORZA who established permanent embassies. From Italy, the
practice spread to other European regimes.
The Holy Roman Empire however did send permanent legates and thus initiated relations
between states as per their church functions.
FOUNDATIONS OF DIPLOMATIC LAW
Diplomatic relations emanate from the aspect of statehood between nations and from the
doctrine of recognition under international law. It lies accordingly in the desire of states that
their diplomatic relations should function on a stable and orderly basis. Granted the existence of
independent, potentially antagonistic, sovereign states, legal regulations provide a feeling of
security.
Thus in the particular context of diplomatic law, it must be emphasized that the body of law
normally only comes into operation after a state has agreed to accept the representation of
another. A state is however allowed to determine for itself how to give effect to its international
obligations. The various international measures include judicial decisions relating to diplomats
as seen in the case of U.S V CONSULAR STAFF OF TERHAN
There has been a growing demand for countries to establish a framework which defines the
manner in which these states relate and co exist in their day to day activities this has been done
though several ways mainly signing of treaties.
The Vienna convention on diplomatic relations 1961 was a milestone in strengthening interstate
relationships it is a treaty which gives a framework that governs diplomatic relations among
different independent states in the world. The treaty gives freedom for diplomatic missions
allowing diplomats to carry out their duties without fear, harassment or interference from the
host country.
However, the articles of the Vienna convention are the main cornerstone of today’s international
affairs being ratified by over 180 countries in the world
The establishment of diplomatic relations between States, and of permanent diplomatic missions,
takes place by mutual consent.
The Vienna Convention on Diplomatic Relations does not define diplomatic relations, nor does
it define the 'States' which are entitled to establish and conduct diplomatic relations. Relations
between States and international organizations, and between international organizations
themselves, are excluded from the scope of the 1961 Vienna Convention. In order to determine
whether all entity has the 'right of legation' for the purposes of this Convention it is necessary to
determine whether or not it is a State. Grotius stated that the 'ius legationis' was an attribute of
sovereignty. Later writers on diplomatic law, such as Genet and more recently Salmon, discuss
in detail which entities possessed it, with reference to unusual or disputed cases such as the Holy
, See, deposed sovereigns, Members of the British Commonwealth, and national liberation
