Relevant bibliographies by topics / Vienna Convention on Diplomatic Relations (1961)

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Academic literature on the topic 'Vienna Convention on Diplomatic Relations (1961)'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Vienna Convention on Diplomatic Relations (1961)"

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Sukaniasa, Komang. "PENYALAHGUNAAN HAK KEKEBALAN DIPLOMATIK DITINJAU DARI KONVENSI WINA 1961 (STUDI KASUS PENYELUNDUPAN EMAS OLEH PEJABAT DIPLOMATIK KOREA UTARA DI BANGLADESH)." Ganesha Civic Education Journal 1, no. 1 (October 9, 2019): 81–94. http://dx.doi.org/10.23887/gancej.v1i1.66.

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Diplomatic officials are state representatives in developing diplomatic relations with other countries where it is accredited. Diplomatic officials have the rights of immunity and privileges granted by the sending country. Besides enjoying these rights, diplomatic officials also have obligations. As a diplomatic official from North Korea, Son Young Nam is obliged to obey the rules contained in the 1961 Vienna Convention, the 1969 New York Convention, and to respect the national law of the country of Bangladesh which is the country where he was accredited. Son Young Nam's smuggling of gold into Bangladesh was a form of abuse of diplomatic immunity. The act violated Articles 27 and 41 (1) of the 1961 Vienna Convention and Article 25b of The Special Power Act of Bangladesh. Although they have the right to immunity, these rights are not absolute. Immune rights can be breached in the event of gross violations committed by diplomatic officials.
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Wouters, Jan, and Sanderijn Duquet. "The EU and International Diplomatic Law: New Horizons?" Hague Journal of Diplomacy 7, no. 1 (2012): 31–49. http://dx.doi.org/10.1163/187119112x609185.

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Summary The European Union has a unique sui generis status on the international plane, which is reflected in its capability to enter into diplomatic relations with third states and international organizations. Over nearly six decades, the European Union (EU) has gradually built its own worldwide bilateral and multilateral diplomatic network, which is made subject — through specific agreements with the host country — to the 1961 Vienna Convention on Diplomatic Relations. The ‘Union delegations’ are now operating as the diplomatic missions of the EU as a whole, in contrast to the former Commission delegations. This article examines the relationship between the EU and international diplomatic law. How does the EU establish and conduct diplomatic relations? What legal instruments are being used? How do the Vienna Convention and customary diplomatic law come into play? What is the exact legal status of EU ambassadors and diplomatic staff? By critically analysing these issues, this article assesses the specific contribution the EU makes to the further development of international diplomatic law.
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Jones Nathanael, Joshua, and Natalia Yeti Puspita. "Penanganan Pengungsi Afghanistan Di Indonesia: Turut Bertanggung Jawabkah Perwakilan Diplomatik Afghanistan Di Indonesia?" Jurnal Komunikasi Hukum (JKH) 7, no. 1 (February 2, 2021): 312. http://dx.doi.org/10.23887/jkh.v7i1.31685.

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Apart from being intended to establish friendly relations, diplomatic relations are also carried out to improve cooperative relations in various fields. The objectives of this study include: 1) to find out whether the diplomatic representatives of Afghanistan in Indonesia are also responsible for handling Afghan refugees in Indonesia based on the 1961 Vienna Convention, 2) to find out how Indonesia's role as a receiving country in efforts to handle refugees from Afghanistan in Indonesia is based on the Convention. Wina 1961. This legal research uses the normative juridical legal method. Secondary data obtained through literature study is used as the main data. The findings of this study indicate that Afghan diplomatic representatives have no responsibility towards refugees from Afghanistan because they have abandoned their citizenship when they left their country. As a receiving country based on the 1961 Vienna Convention, Indonesia has played a role in handling refugees from Afghanistan by issuing Presidential Regulation no. 125/2016 concerning the Handling of Refugees from Abroad which is used as a normative and coordinative basis for Ministries / Agencies and in handling refugees from abroad by involving the role of the Regional Government.
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Duquet, Sanderijn. "Bound or Unbridled? A Legal Perspective on the Diplomatic Functions of European Union Delegations." Hague Journal of Diplomacy 13, no. 1 (September 15, 2018): 21–40. http://dx.doi.org/10.1163/1871191x-13010030.

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Summary When serving abroad, diplomats must abide by both the diplomatic functions detailed in the 1961 Vienna Convention on Diplomatic Relations and the Convention’s general obligations. This applies, too, to the European Union’s missions (Union delegations), which execute diplomatic functions for the eu in third countries. These diplomatic activities are more severely constrained than for individual member states by the limits set by eu law in terms of the horizontal and vertical division of competences. This article demonstrates how Union delegations fulfil nearly all traditional diplomatic tasks outlined in the Vienna Convention, while going beyond the traditional conception of diplomatic functions in terms of human rights protection, the execution of administrative programmes, and the management of coordination/cooperation modes with eu member state missions on the ground. Ultimately, the article argues that Union delegations are able to meet the demands of modern diplomatic interchange and may have inadvertently altered diplomatic functions altogether.
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Yogy, Yonathan, and Ida Kurnia. "TANGGUNG JAWAB NEGARA TERHADAP PERLINDUNGAN PEJABAT DIPLOMATIK MENURUT KONVENSI WINA 1961 (CONTOH KASUS PENYERANGAN DUTA BESAR RUSIA DI TURKI)." Jurnal Hukum Adigama 1, no. 1 (July 30, 2018): 1237. http://dx.doi.org/10.24912/adigama.v1i1.2203.

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The establishment of diplomatic relations aims to strengthen a relationships between state. The establishment of diplomatic relations is based on mutual consent between two states. After consent has been reached, each state can dispatch members of the mission .The function of a member of the missions is to represent the sending state, to protect the interests of the sending state and its nationals, to negotiate, Ascertaining by all lawful means conditions and developments in the receiving State, and to promote friendly relations between the sending country and the receiving country. The Vienna Convention 1961 on diplomatic relations provides immunity and privilege to members of the missions in carrying out diplomatic functions . Such immunity and privilege are granted not for personal gain, it is provided to facilitate members of the missions in performing diplomatic functions. One of the forms of immunity is Inviolability. Inviolability of members of the missions is regulated by Article 29 of Vienna Convention 1961. Article 29 stated that the receiving state shall take appropriate measures to prevent any attack on members of the missions. But if the receiving state fails to protect the members of the missions, is there any legal consequence and state’s responsibility ?. The author is interested to raise the issue into a thesis.
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Bruns, Kai S. "‘A Hazardous Task’: Britain and the 1961 Vienna Convention on Diplomatic Relations." International History Review 39, no. 2 (June 16, 2016): 196–215. http://dx.doi.org/10.1080/07075332.2016.1185021.

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Langhorne, Richard. "The regulation of diplomatic practice: the beginnings to the Vienna Convention on Diplomatic Relations, 1961." Review of International Studies 18, no. 1 (January 1992): 3–17. http://dx.doi.org/10.1017/s0260210500118716.

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Diplomats, whose historical reputation in earlier times has so often been unsavoury, have more recently been highly regarded, except perhaps in the immediate aftermath of the First World War, for which catastrophe they were held by some to be to blame. The privations of the Cold War and the occasional severe maltreatments endured in unsettled states have from time to time since 1945 made them heroes. The change of status has, particularly since the nineteenth century, been associated with a rising sense of belonging to a recognizable and separate profession, with its own body of knowledge and skill, for which suitable candidates could be trained. This development was slow in gestation and its first signs cannot be reliably identified until the seventeenth century with the appearance of the first clutch of semi-professional manuals. From that time, a potential semantic confusion has existed arising out of the use of the adjective ‘diplomatic’ sometimes to describe the process of international political argument and its eventual success or failure in reaching agreement, and sometimes to describe the administrative mechanism of diplomacy itself. it was this latter aspect of diplomacy, seen separately from the content of policy, which from the mid nineteenth century began to attract a new kind of attention, driven particularly by international lawyers, to the point where it was beginning to seem desirable to attain a general international agreement as to what were the rules of the game.
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Pariente, David. "Diplomatic immunity and the Mental Health Act 1983." Psychiatric Bulletin 15, no. 4 (April 1991): 207–9. http://dx.doi.org/10.1192/pb.15.4.207.

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The UK, in common with all other countries party to the Vienna Convention on Diplomatic Relations, affords foreign diplomats a special status in law. Under the Diplomatic Privileges Act (1964) (DPA), accredited diplomats are accorded inviolability and cannot be detained compulsorily under any Act of Parliament, including the Mental Health Act 1983 (MHA).
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Barker, J. Craig. "The Function of Diplomatic Missions in Times of Armed Conflict or Foreign Armed Intervention." Nordic Journal of International Law 81, no. 4 (2012): 387–406. http://dx.doi.org/10.1163/15718107-08104001.

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This article examines Raoul Wallenberg’s work as a diplomat in Budapest between June 1944 and January 1945. It suggests that Wallenberg’s legacy was initially very limited as a result of the state-centric approach to the codification of diplomatic law in the Vienna Convention on Diplomatic Relations 1961. Nevertheless, it is argued that the emergence of the so-called “new” diplomacy, coupled with the developing notion of “responsibility to protect” in the face of gross violations of human rights, such as those faced by Wallenberg, have opened up the possibility for diplomats to engage in the process of protecting civilian populations in times of internal strife
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Noviani, Riktin, and Garry Gumelar Pratama. "LEGITIMIZATION OF JERUSALEM EMBASSY ACT ACCORDING TO INTERNATIONAL LAW." Diponegoro Law Review 6, no. 1 (April 30, 2021): 108–22. http://dx.doi.org/10.14710/dilrev.6.1.2021.108-122.

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Jerusalem is a special entity under the administrative power of United Nations according to United Nations General Assembly Resolution 181, where Jerusalem does not fall under the sovereignty of any state. Jerusalem Embassy Act is the public law of United States which recognized Jerusalem as the capital city of Israel by establishing a diplomatic mission in the city.This paper concludes that Jerusalem Embassy Act is illegitimate according to international law. It turns its back to international obligation under the Vienna Convention on Diplomatic Relations 1961 and UN resolutions.Thus, the Jerusalem Embassy Act has to be pulled back by the US parliament in order to maintain international peace and security, bearing in mind the ongoing dispute between Palestine and Israel.
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Dissertations / Theses on the topic "Vienna Convention on Diplomatic Relations (1961)"

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Bruns, Kai. "Britain and the negotiation of the 1961 Vienna Convention on Diplomatic Relations." Thesis, Keele University, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.555826.

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2011 was the fiftieth anniversary of the negotiation, at the height of the cold war, of the 1961 Vienna Convention on Diplomatic Relations (VCDR). Since then the VCDR has become a cornerstone of diplomatic law. Despite its importance, no complete commentary had been written on the political aspects of the codification process until now. Thus, the original contribution to knowledge of this research is the description of the political aspects of the codification process in general, and the explanation of the British contribution to it in particular. It will be shown that Cold War tensions created the necessary momentum for it to be prioritised in the International Law Commission (ILC) and that procedural rather than substantive issues were the reason for the separate codification of diplomatic and consular relations. Analysing the contribution and role of the British, it will be shown that the British member of the ILC would have favoured codification by passing a UNGA resolution and that the decision to codify diplomatic privileges and immunities by convention led to a change in the British approach. Furthermore, it will be shown that Britain provided one of the leading delegations at the 1961 Vienna Conference. However, despite its leadership role, it could not avoid the inclusion of what, in British eyes, were unfavourable restrictions on the freedom to appoint staff and the freedom of communication. In comparison to traditional British diplomatic practice, codification via the VCDR led to a decrease of diplomatic immunities, while it increased diplomatic privileges. Thus, the ratification of the VCDR implied fiscal concessions on part of the Treasury, and this led to an interdepartmental dispute (i.e. over tax-free reimport of Scotch whisky) which, together with the low legislative priority given to the legislation necessary for the implementation of the Convention, delayed British ratification until 1964.
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Shi, Xinxiang. "Diplomatic immunities ratione materiae under the Vienna Convention on Diplomatic Relations : towards a coherent interpretation." Thesis, University of Edinburgh, 2018. http://hdl.handle.net/1842/33152.

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Rules of diplomatic immunity, which nowadays are enshrined in the Vienna Convention on Diplomatic Relations, play an important role in interstate diplomacy because they ensure the efficient performance of diplomatic functions. This thesis investigates a particular form of diplomatic immunity - diplomatic immunity ratione materiae. Unlike diplomatic immunity ratione personae, which pertains to the personal status of a diplomatic agent, diplomatic immunity ratione materiae depends in essence on the official nature of a particular act In practice, however, the determination of diplomatic immunity ratione materiae may meet with many conceptual and practical difficulties. For one, it is not always easy to distinguish the official acts of a diplomatic agent, who represents the sending State in the receiving State, from his or her private acts. In case of disagreement between the two States, questions may also arise as to who has the authority to make a final determination. The Vienna Convention does not offer much guidance on these issues; on the contrary, the Convention complicates them by employing, without adequate explanation, distinct formulas for different kinds of diplomatic immunity ratione materiae. This thesis examines these formulas in detail. On a general level, it is submitted that diplomatic immunity ratione materiae for certain types of activity constitutes not only a procedural bar to court proceedings but also a substantive exemption of individual responsibility. More specifically, it is argued that each formula must be understood in the light of the rationale behind immunity, the type of immunity concerned, and the specific functions or duties performed. In case of controversy, weight should be given to the opinion of the sending State, although the authority to make a decision lies ultimately with the court of the receiving State.
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Behrens, Paul. "The duty of non-interference and its impact on the diplomatic message under the Vienna Convention on Diplomatic Relations." Thesis, University College London (University of London), 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.500306.

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The rule of non-interference in the internal affairs of the receiving State, which is today enshrined in Article 41 (1) of the Vienna Convention on Diplomatic Relations, contains a fundamental duty of the diplomatic agent. But the Convention does not define the scope and extent of the concept of interference, nor its relationship with norms which inform its character. This thesis investigates a particular form of interference: interference through the diplomatic message. In its first part it examines the problems arising from an analysis of the available sources on the law of diplomatic interference. It also approaches the meaning of "interference" in diplomatic relations and endeavours to come to an understanding of the diplomatic message and its legal bases, and of the legal context of the rule of non-interference.
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Partlová, Zuzana. "Nedotknutelnost diplomatického zavazadla a její zneužívání." Master's thesis, Vysoká škola ekonomická v Praze, 2014. http://www.nusl.cz/ntk/nusl-194535.

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The aim of this thesis is to analyse the inviolability of the diplomatic bag and its abuse. The first chapter introduces the current work of the International Law Commission relating to subsequent conduct of treaties. Second chapter defines diplomatic privileges and immunities, three theories of diplomatic immunity and its historical background. Third chapter elaborately analyses treatment of diplomatic bag in Vienna Convention on Diplomatic Relations. Fourth chapter presents an overview of cases of abuse of the diplomatic bag or violation of its inviolability. Finally it introduces options, how states can fight against such abuses.
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Hedvábná, Markéta. "Výsady a imunity úřadu diplomatické mise podle Vídeňské úmluvy o diplomatických stycích." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-313506.

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The thesis describes privileges and immunities provided to offices of diplomatic missions in order to facilitate carrying out international relations. The key legal document regulating diplomatic privileges and immunities is the Vienna Convention on Diplomatic Relations which commemorated 50 years of its existence this year - since it was signed on 18 April 1961 after the Vienna Conference. The aim of the thesis is to describe the contents of the individual privileges and immunities and to consider to which extent the Vienna Convention on Diplomatic Relations represents a suitable legal instrument even for the needs of the today's practice of diplomatic relations. First the thesis deals with general issues related to ensuring diplomatic privileges and immunities, theories which justify their necessity and selected provisions of the Vienna Convention. This is followed by an analysis of the individual privileges and immunities of a diplomatic mission - the right to display a flag, the inviolability of mission premises, the inviolability of mission archives and documents, tax privileges and the freedom of communication.
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Balonová, Petra. "Výsady a imunity diplomatických zástupců podle Vídeňské úmluvy o diplomatických stycích." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-338578.

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The thesis covers the privileges and immunities provided to diplomatic agents in order to facilitate the performance of their functions. The main source of law is the Vienna Convention on Diplomatic Relations which has been signed at the end of the Vienna Conference on 18th April 1961 and remained unchanged even after 50 years in force. It reflected the previous codification attempts as well as the existing practice of the contractual states and established rules that together with the Vienna Convention on Consular Relations represent the basis in the field of diplomatic and consular law. The aim of the thesis is to describe particular privileges and immunities of the diplomatic agents, evaluate their applicability on the current diplomatic practice and consider whether the Vienna Convention represents a suitable regulation of the modern diplomatic relations. Examining both the practice of national courts and the International Court of Justice it is shown how the practice has changed over the past 50 years. The thesis covers the limits of such privileges and immunities, points out the possibilities of their abuse and presents examples of conflicts that arise in the current diplomatic practice. The thesis first deals with theoretical issues - it provides definitions of the diplomatic privileges and...
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Books on the topic "Vienna Convention on Diplomatic Relations (1961)"

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A cornerstone of modern diplomacy: Britain and the negotiation of the 1961 Vienna convention on diplomatic relations. New York, NY: Bloomsbury Academic, 2014.

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Denza, Eileen. Diplomatic law: A commentary on the Vienna Convention on Diplomatic Relations. 2nd ed. Oxford: Clarendon Press, 1998.

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Diplomatic law: A commentary on the Vienna Convention on Diplomatic Relations. 3rd ed. Oxford [UK]: OXford University Press, 2008.

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Kim, Paul. The legal limits of diplomatic observation under the Vienna Convention on Diplomatic Relations. Birmingham: University of Birmingham, 2001.

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Luqmān, ʻIṣām al-Dīn Ḥasan. al-Ḥaṣānah al-qaḍāʼīyah lil-diblūmāsīyīn: Al-mashākil wa-al-ḥulūl : mawqif al-Sūdān min Ittifāqīyat Fīyinnā, wa-taṭbīqāt al-maḥākim. [Khartoum?]: Dār al-Sharīf al-Akādīmīyah, 2007.

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G. E. do Nascimento e Silva. Convenção sobre relações diplomáticas. 3rd ed. Rio de Janeiro-RJ: Fundação Alexandre de Gusmão, 1989.

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United States. Congress. House. Committee on Foreign Affairs. Ratifying certain agreements to the Vienna Convention on Diplomatic Relations: Report (to accompany H.R. 2214) (including cost estimate of the Congressional Budget Office). [Washington, D.C.?: U.S. G.P.O., 1989.

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Paraguay. Case concerning the Vienna Convention on Consular Relations (Paraguay v. United States of America) =: Affaire relative à la Convention de Vienne sur les relations consulaires (Paraguay c. Etats-Unis d'Amérique). [The Hague]: International Court of Justice, 2000.

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United States. Congress. Senate. Committee on the Judiciary. Fulfilling our treaty obligations and protecting Americans abroad: Hearing before the Committee on the Judiciary, United States Senate, One Hundred Twelfth Congress, first session, July 27, 2011. Washington, [D.C.]: U.S. Govt. Print. Off., 2011.

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Denza, Eileen. Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations. Oxford University Press, 2018.

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Book chapters on the topic "Vienna Convention on Diplomatic Relations (1961)"

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Oellers-Frahm, Karin, and Andreas Zimmermann. "Vienna Convention on Diplomatic Relations of April 18, 1961: Optional Protocol Concerning the Compulsory Settlement of Disputes." In Dispute Settlement in Public International Law, 131–34. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_6.

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Dörr, Oliver, and Kirsten Schmalenbach. "Article 63. Severance of diplomatic or consular relations." In Vienna Convention on the Law of Treaties, 1105–20. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-19291-3_66.

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Dörr, Oliver, and Kirsten Schmalenbach. "Article 74. Diplomatic and consular relations and the conclusion of treaties." In Vienna Convention on the Law of Treaties, 1267–78. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-19291-3_78.

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Mann, F. A. "“Inviolability” and Other Problems of the Vienna Convention on Diplomatic Relations." In Staat und Völkerrechtsordnung, 553–65. Berlin, Heidelberg: Springer Berlin Heidelberg, 1989. http://dx.doi.org/10.1007/978-3-642-74091-6_28.

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"THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS (1961)." In International Law, 410–20. Routledge-Cavendish, 2017. http://dx.doi.org/10.4324/9781843143055-31.

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"No. 7310. Vienna convention on diplomatic relations. Done at Vienna, on 18 April 1961." In Treaty Series 1574, 397. UN, 1998. http://dx.doi.org/10.18356/343adfae-en-fr.

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"No. 7310. Vienna Convention on Diplomatic Relations. Done at Vienna, on 18 April 1961." In United Nations Treaty Series, 418. UN, 2001. http://dx.doi.org/10.18356/e63dd93e-en-fr.

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"No. 7310. Vienna convention on diplomatic relations. Done at Vienna, on 18 April 1961." In United Nations Treaty Series, 364. UN, 2000. http://dx.doi.org/10.18356/799e826d-en-fr.

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"No. 7310. Vienna Convention on Diplomatic Relations. Done at Vienna, on 18 April 1961." In United Nations Treaty Series, 490. UN, 2001. http://dx.doi.org/10.18356/5996ec08-en-fr.

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"No. 7310. Vienna Convention on Diplomatic Relations. Done at Vienna, on 18 April 1961." In United Nations Treaty Series, 352. UN, 2001. http://dx.doi.org/10.18356/139244b8-en-fr.

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