Diplomatic law : commentary on the Vienna Convention on Diplomatic Relations / Eileen Denza.

Format:

Book

Author/Creator:

Denza, Eileen, 1937-

Series:

Oxford commentaries on international law

Language:

English

Subjects (All):

Vienna Convention on Diplomatic Relations (1961 April 18).

Vienna Convention on Diplomatic Relations.

Diplomatic privileges and immunities.

Diplomatic privileges and immunities--Great Britain.

Physical Description:

472p.

Edition:

4th ed.

Other Title:

Diplomatic law

Place of Publication:

Oxford University Press 2016

Summary:

This work is a commentary on the 1961 Vienna Convention on Diplomatic Relations, the universally-accepted framework for diplomacy between sovereign states. The author places each provision of the Convention in its historical context.

Contents:

Cover

Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations: FOURTH EDITION

Copyright

Acknowledgements

Contents

Table of Cases

Abbreviations

INTRODUCTION

Progressive development of the law

How the Convention regime has changed

The object of the book

PREAMBLE

Article 1: DEFINITIONS

Personnel

Subsequent practice

Premises of the mission

Members of the family forming part of the household

Article 2: ESTABLISHMENT OF DIPLOMATIC RELATIONS

Negotiating history

The Holy See

The successive stages of the diplomatic embrace

Virtual missions

Article 3: FUNCTIONS OF A DIPLOMATIC MISSION

Performance of consular functions

Vienna Convention on Consular Relations

Other limits to the functions of a diplomatic mission

'protecting in the receiving State the interests of the sendingState and of its nationals'

Special rights of citizens of the European Union

Article 4: APPOINTMENT OF HEAD OF THE MISSION

Historical background

Scope of agrément

Procedure for agrément

Reasons for refusal of agrément

Article 5: MULTIPLE ACCREDITATION

Article 6

Article 7: APPOINTMENT OF THESTAFF OF THE MISSION

Problems of construction of Article 7

Exemption from immigration control

Immunity from employment claims

Freedom to classify mission staff

Short-term appointments

Appointment of employees of independent contractors

Article 8: NATIONALITY OF DIPLOMATIC STAFF

Modern practice

Article 9: PERSONA NON GRATA

Espionage

Involvement in terrorist or subversive activities.

Other breaches of criminal law

Parking offences

Procedure

Article 10: NOTIFICATION OF STAFF APPOINTMENTSAND MOVEMENTS

Article 11: SIZE OF THE MISSION

'and on a non-discriminatory basis'

Article 12: OFFICES AWAY FROM THE SEAT OF THE MISSION

Background

Article 13: COMMENCEMENT OF FUNCTIONS ANDPRECEDENCE OF HEADS OF MISSION

Article 16

'in a uniform manner'

Article 14: CLASSES OF HEADS OF MISSION

Article 15

Reduction in the classes of head of mission

Article 16: PRECEDENCE AMONG HEADS OF MISSION

Article 17

Article 18

Precedence of the representative of the Holy See

Functions of the doyen of the diplomatic corps

Precedence among members of the diplomatic staff

Presentation of credentials

Article 19: CHARGÉ D'AFFAIRES AD INTERIM

Need for appointment of a chargé d'affaires

Notification of the appointment of a chargé d'affaires

Who may be appointed chargé d'affaires?

Article 20: FLAG AND EMBLEM OF THE SENDING STATE

Article 21: ASSISTANCE IN OBTAINING ACCOMMODATION

Article 22: INVIOLABILITY OF THE MISSION PREMISES

Concept of inviolability

Diplomatic asylum

Collective shelter

Droit de chapelle

Negotiating history: emergency on the premises of the mission

Expropriation

Subsequent practice: abstention from enforcement on premises

Service of process

Immunity from jurisdiction of the sending State

Embassy bank accounts

Means of transport of the mission

Protection against intrusion

Protection against damage.

Protection by forces or contractors of the sending State

Prevention of disturbance of the peace of the mission or impairment of its dignity: demonstrations

Listening devices

Commencement and termination of inviolability of premises

UK practice

Article 23: EXEMPTION OF MISSION PREMISES FROM TAXATION

Taxes which 'represent payment for specific services rendered'

Article 24: INVIOLABILITY OF THE ARCHIVES

What are the 'archives and documents of the mission'?

The Bancoult Case

Comment on the Bancoult Case

Article 25: FACILITIES FOR THE MISSION

Article 26: FREEDOM OF MOVEMENT

Article 27: FREEDOM OF COMMUNICATION

Telephone services

Article 27: INVIOLABILITY OF OFFICIAL CORRESPONDENCE

Article 27 . . .: THE DIPLOMATIC BAG

Reservations and objections

Practice: what is a diplomatic bag?

Practice: permitted contents of the diplomatic bag

Practice: the scanning of diplomatic bags

Practice: manifest abuse or threat to human life

Work of the International Law Commission on the diplomatic bag

Article 27: DIPLOMATIC COURIERS

Work of the International Law Commission on diplomatic couriers

Article 28: EXEMPTION OF OFFICIAL FEES FROM TAXATION

Article 29: PERSONAL INVIOLABILITY

Subsequent practice: protection against attack

UN Convention on Crimes against Diplomatic Agents

Attack on the dignity of a diplomat

Subsequent practice: liability to arrest or detention

Exceptional protective measures

Article 30: INVIOLABILITY OF RESIDENCE AND PROPERTY.

Private residences

Papers and correspondence

Property

Exchange control

Removal of motor vehicles

Article 31: IMMUNITY FROM JURISDICTION

Modern practice: scope of immunity from jurisdiction

Modern practice: diplomatic immunity and State immunity

Modern practice: effect of immunity on insurance

Motoring offences and claims

Exception for private immovable property

'real action'

Is a diplomat's principal private residence within the exception?

Exception for private involvement in succession

Exception for private, professional, or commercial activity

Meaning of 'any professional or commercial activity'

Meaning of 'outside his official functions'

Procedure when immunity is raised

Legal effect of establishment or lifting of immunity

Article 31: EXEMPTION FROM GIVING EVIDENCE

Article 31: IMMUNITY FROM EXECUTION

Article 31: JURISDICTION OF THE SENDING STATE AND OTHER REMEDIES

Action through the Ministry of Foreign Affairs

Action against the sending State

Article 32: WAIVER OF IMMUNITY

Authority to waive immunity

Waiver must always be express

Waiver is irrevocable

Prior undertaking to waive immunity

Initiation of proceedings by diplomat and counterclaims

Waiver and execution

Current practice

Waiver of other immunities

Article 33: EXEMPTION FROM SOCIAL SECURITY PROVISIONS

Interpretation of Article 33

Article 34: EXEMPTION FROM TAXATION

General background

Exceptions to the rule

The general exemption

Exception (a): 'indirect taxes of a kind which are normally incorporated in the price of goods or services'

Exception (b): 'dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission'.

Exception (c): 'estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39'

Exception (d): 'dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State'

Exception (e): 'charges levied for specific services rendered'

Exception (f ): 'registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23'

ANNEX B to Memorandum on United Kingdom practice, April 1996 Income tax and capital gains tax

Official emoluments of members of the mission

Emoluments of private servants

Private income from sources outside the United Kingdom

Income liable to United Kingdom income tax

Capital gains

Income and Corporation Taxes Act 1988, Section 321

Article 35: EXEMPTION FROM PERSONAL SERVICES

Article 36: EXEMPTION FROM CUSTOMS DUTIESAND INSPECTION

Negotiating history: national controls

Negotiating history: the duty to permit entry of articles

Meaning of 'customs duties, taxes and related charges'

'articles for the official use of the mission'

Inspection of mission and personal baggage

ANNEX C to Memorandum on United Kingdom practice, April 1996 Customs facilities

Diplomatic missions

Diplomatic agents (Articles 36(1)(b) and 37(1))

Administrative and technical staff (Article 37(2))

Official supplies (Article 36(1)(a))

General

Article 37: MEMBERS OF THE FAMILY OFA DIPLOMATIC AGENT

Gainful occupation by members of the family

Article 37: JUNIOR STAFF OF THE MISSION AND PRIVATE SERVANTS

Reservations.

Limited immunity given to administrative and technical staff.

Notes:

This edition previously issued in print: 2016.

Includes bibliographical references and index.

Description based on print version record.

Contains:

Vienna Convention on Diplomatic Relations (1961 April 18).

Other Format:

Print version: Denza, Eileen Diplomatic Law

ISBN:

9780191773198

0191773190

9780191009136

019100913X

9780191009129

0191009121