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1

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

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2

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

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3

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

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4

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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5

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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6

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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7

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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8

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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9

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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10

Decision in Vienna: The Czechoslovak-Hungarian border dispute of 1938. Hamilton, Ont: Hunydai MMK, 1991.

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11

Office, Texas Attorney-General's. Magistrate's guide to consular notification under the Vienna Convention. [Austin, Tex.]: Office of the Attorney General, 2000.

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12

United States. Congress. Senate. Committee on Foreign Relations. Consular convention with the Mongolian People's Republic: Report (to accompany Treaty doc. 102-14). [Washington, D.C.?: U.S. G.P.O., 1992.

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United States. Congress. Senate. Committee on Foreign Relations. Consular convention with the Republic of Tunisia: Report (to accompany Treaty doc. 101-12). [Washington, D.C.?: U.S. G.P.O., 1992.

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14

Pfusterschmid-Hardtenstein, Heinrich. a Short history of the diplomatic Academy of Vienna: Training for international careers since 1754. Vienna: Diplomatic Academy of Vienna, 2009.

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15

Protocol amending the 1950 Consular Convention with Ireland: Report (to accompany Treaty doc. 106-43). [Washington, D.C: U.S. G.P.O., 2000.

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16

Mongolia. Consular convention with the Mongolian People's Republic: Message from the President of the United States transmitting the consular convention between the United States of America and the Mongolian People's Republic, signed at Ulaanbaatar on August 2, 1990. Washington: U.S. G.P.O., 1991.

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17

United States. Congress. Senate. Committee on Foreign Relations. Consular convention with the Democratic and Popular Republic of Algeria: Report (to accompany Treaty doc. 101-13). [Washington, D.C.?: U.S. G.P.O., 1992.

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18

Ireland. Protocol amending the 1950 consular convention with Ireland: Message from the President of the United States transmitting protocol amending the 1950 consular convention between the United States of America and Ireland, signed at Washington on June 16, 1998. Washington: U.S. G.P.O., 2000.

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19

Grad, Cornel. Al doilea arbitraj de la Viena. Iași: Institutul European, 1998.

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20

Military diplomacy in the dual alliance: German military attaché reporting from Vienna, 1879-1914. Lanham: Lexington Books, 2015.

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21

Kho, Stephen. A study of the Consular Convention between the United States of America and the People's Republic of China. Baltimore, Md: University of Maryland School of Law, 1996.

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22

Alexandra, Negreanu Ioana, ed. România în jocul Marilor Puteri: 1939-1940 : documente, 1938-1941. București: Curtea Veche, 2000.

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23

Algeria. Consular convention with the Democratic and Popular Republic of Algeria: Message from the President of the United States transmitting the consular convention between the United States of America and the Democratic and Popular Republic of Algeria, signed at Washington on January 12, 1989. Washington: U.S. G.P.O., 1990.

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24

Algeria. Consular convention with the Democratic and Popular Republic of Algeria: Message from the President of the United States transmitting the consular convention between the United States of America and the Democratic and Popular Republic of Algeria, signed at Washington on January 12, 1989. Washington: U.S. G.P.O., 1990.

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25

Algeria. Consular convention with the Democratic and Popular Republic of Algeria: Message from the President of the United States transmitting the consular convention between the United States of America and the Democratic and Popular Republic of Algeria, signed at Washington on January 12, 1989. Washington: U.S. G.P.O., 1990.

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26

Vienna Convention on Diplomatic Relations: A Commentary. Bloomsbury Publishing Plc, 2021.

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27

Denza, Eileen. Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations. Oxford University Press, 2016.

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28

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

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29

Denza, Professor Eileen. Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations. Oxford University Press, 2008. http://dx.doi.org/10.1093/law/9780199216857.001.0001.

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30

Diplomatic Law: A Commentary on the Vienna Convention on Diplomatic Relations. Oxford University Press, USA, 2004.

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31

Wouters, Jan, Sanderijn Duquet, and Katrien Meuwissen. The Vienna Conventions on Diplomatic and Consular Relations. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780199588862.013.0029.

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32

Denza, Eileen. Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations (Oxford Commentaries on International Law Series). 3rd ed. Oxford University Press, USA, 2008.

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33

Eileen, Denza. Establishment of Diplomatic Relations. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0004.

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This chapter analyses the Article 2 of the Vienna Convention on Diplomatic Relations which states that diplomatic relations, and of permanent diplomatic missions, takes place by mutual consent. It outlines the changes and development that led to the formation of the article. The International Law Commission traces the roots of the second article from a state’s right to legation, the right of sending a diplomatic mission to a foreign state. However, in order to determine whether an entity has the ‘right of legation’, it is necessary to determine whether or not it is a State. For most of the Parties of the Convention, the right to conduct diplomatic relations is generally regarded as flowing from recognition as a sovereign State. The chapter describes some instances where recognition plays an important factor in diplomacy, such as the status of Palestine and the Holy See.
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34

Barder, Brian. A Former Diplomat’s Reflections on the Vienna Convention. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198795940.003.0002.

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This chapter offers a personal perspective of the VCDR, from the perspective of a former British Ambassador. A focal point of the chapter is the question whether diplomats still need their immunities under the VCDR—a theme pursued in the context of postings in developing countries and developed western democracies. Several case studies illustrate the findings, including the ‘walk-in’ by four Soviet citizens into the British embassy in Moscow in 1972 and the shooting of Yvonne Fletcher from the Libyan People’s Bureau in London in 1984. The chapter also considers the VCDR’s implications on the promotion of friendly relations between States and the rule of non-interference. It thus builds a bridge between the scholarly and the professional approaches towards diplomatic relations and reaches the conclusion that the VCDR has stood up well and remains indispensable for the continued practice of diplomacy.
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35

Hay, Emily, Frederic Dopagne, Bertold F. Theeuwes, and Didier Reynders. Diplomatic law in Belgium. Maklu Publishers, 2014.

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36

Diplomatic Law in a New Millennium. Oxford University Press, 2017.

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37

Bruns, Kai. Cornerstone of Modern Diplomacy: Britain and the Negotiation of the 1961 Vienna Convention on Diplomatic Relations. Bloomsbury Publishing Plc, 2015.

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38

Joanne, Foakes, and Denza Eileen. Book II Diplomatic and Consular Relations, 10 The Diplomatic Mission, The Corps, Breach of Relations, and Protection of Interests. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0010.

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This chapter describes the diplomatic body and its various protocols. The diplomatic body (corps diplomatique) comprises the heads and the diplomatic staff of all the missions accredited to a particular receiving State. The corps diplomatique has no legal personality or formal constitution. In most major capitals a diplomatic list, based on the notifications of appointments, arrivals, and departures required from missions under Article 10 of the Vienna Convention on Diplomatic Relations (VCDR), is published by the ministry of foreign affairs. The list may also include spouses and members of the families of heads of mission and diplomatic staff. Where one or more international organizations have their headquarters in a capital there may be additional diplomatic bodies consisting of the permanent representatives to each organization.
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39

Ivor, Roberts. Book II Diplomatic and Consular Relations, 5 Functions of Diplomatic Missions and Consulates. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0005.

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This chapter examines the functions of diplomatic missions and the performance of consular functions by diplomatic missions. Under long established principles of international law now codified in Article 2 of the Vienna Convention on Diplomatic Relations, the establishment of diplomatic relations between States and the establishment of permanent diplomatic missions take place by mutual consent. The right to send and receive diplomatic agents flows from recognition as a sovereign State and was formerly known as the right of legation (ius legationis). Furthermore, it is in modern practice highly exceptional for two States to recognize each other without formally establishing diplomatic relations—and such a situation usually indicates extreme tension or coolness between them. By contrast, it is now common for two States to establish or to maintain diplomatic relations without having permanent missions in each other’s territory.
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40

Justice, International Court of. Case Concerning the Vienna Convention on Consular Relations (Paraguay v. United States of America). International Court of Justice, 2000.

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41

Eileen, Denza. The Diplomatic Bag. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0027.

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This chapter looks into Article 27.3 and Article 27.4 of the Vienna Convention on Diplomatic Relations. Both of the sections refer to the diplomat bag used by members of diplomatic missions. Article 27.3 states that the diplomatic bag shall not be opened or detained, while Article 27.4 states that the packages constituting the diplomatic bag must bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use. Given the vulnerability of communications sent by wireless, by telephone, or by correspondence through public facilities—described in the commentary on Article 27.1 and 27.2 and apparently increasing as technology advances and leaking meets with public sympathy—States attach prime importance to the security of the diplomatic bag for reliable transmission of confidential material.
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42

Eileen, Denza. Diplomatic Couriers. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0028.

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This chapter analyses Articles 27.5, 27.6, and 27.7 of the Vienna Convention on Diplomatic Relations. The three sections mainly centre on matters regarding the functions diplomatic couriers. According to Article 27.5, the diplomatic courier, who shall be provided with an official document indicating his status and the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the performance of his functions. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention. Article 27.6 on the other hand states that the sending State or the mission may designate diplomatic couriers ad hoc. If this happens, then the provisions of Article 27.5 shall also apply. Lastly, Article 27.7 states that a diplomatic bag may be entrusted to the captain of a commercial aircraft and that he shall be provided with an official document indicating the number of packages constituting the bag but he shall not be considered to be a diplomatic courier.
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43

Eileen, Denza. Members of the Family of a Diplomatic Agent. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0041.

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This chapter examines Article 37.1 of the Vienna Convention on Diplomatic Relations which addresses the family members of a diplomatic agent. The Article states that the members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in Articles 29 to 36. This practice traces its roots back to the second half of the seventeenth century when permanent missions gradually replaced special missions as the normal form of representation, and diplomats would spend several years in a post. Diplomats would then to bring with him his immediate family as well as a retinue of servants to minister to his comforts and enhance his prestige. The rationale for extending privileges and immunities to the immediate families of diplomatic agents has remained largely unchallenged under the Convention regime as it is still followed today.
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44

Eileen, Denza. Functions of a Diplomatic Mission. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0005.

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This chapter examines the development of Article 3 of the Vienna Convention on Diplomatic Relations which provides an overview of the functions of a diplomatic mission. The International Law Commission cites the notions of the diplomat Ernest Mason Satow who states that the functions of a diplomatic mission are to represent the sending State, to protect its interest and those of its nationals, to negotiate with the government of the receiving State, to report the sending government on all matters of importance to it, and to promote friendly relations in general between the States. The chapter looks into the two main points of discussion within the Commission that emerged throughout the Article’s formation: the function of ‘protecting in the receiving State the interests of the sending State and of its nationals’, and the entitlement of diplomatic missions to perform consular functions.
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45

Britain, Great. Diplomatic immunities and privileges: Government report on review of the Vienna Convention on Diplomatic Relations and reply to The Abuse of Diplomatic Immunities and Privileges, the First Report from the Foreign Affairs Committee in the Session1984-85. H.M.S.O., 1985.

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46

Eileen, Denza. Nationality of Diplomatic Staff. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0009.

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This chapter analyses Article 8 of the Vienna Convention on Diplomatic Relations which discusses the nationality of the diplomatic staff. The Article states the general principle that members of the diplomatic staff should be of the nationality of the sending State, and that the members may be appointed among persons having the same nationality of the receiving State as long as there is consent of that State. This consent may be withdrawn at any time. In addition, the Article expresses that the receiving State may reserve the same right with regard to nationals of a third State who are not also nationals of the sending State. The requirement for consent of the receiving State under the Article applies only to appointment of diplomatic staff and does not extend to the administrative and technical staff.
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47

Eileen, Denza. End of Diplomatic Functions. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0050.

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This chapter analyses Article 43 of the Vienna Convention on Diplomatic Relations which discusses the end of diplomatic functions. According to the Article, the function of a diplomatic agent comes to an end, inter alia: (a) on notification by the sending State to the receiving State that the function of the diplomatic agent has come to an end; (b) on notification by the receiving State to the sending State that, in accordance with Article 9, it refuses to recognize the diplomatic agent as a member of the mission. The chapter also looks into how conflict can end the functions of a diplomatic agent. A change of government on either side not involving the Head of State, or the constitutional replacement of an elected Head of State following his death, resignation, or the end of his term of office does not on the other hand automatically end the function of the diplomatic agent.
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48

Behrens, Paul. Diplomatic Law in a New Millennium. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198795940.003.0001.

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This chapter introduces some of the main considerations on diplomatic relations which form the basis for later parts of the book. It reflects on the path which diplomatic law followed from the days of its evolution through scholarly discourse and the practice of States to the work of the International Law Commission, the conclusion of the Vienna Convention on Diplomatic Relations (VCDR), the later instruments in the field, and the arrival of new players, such as the European External Action Service (EEAS). The chapter introduces the main theories on diplomatic immunity and reflects on the continuing value of reciprocity for the conduct of diplomatic relations. It also broaches some of the principal difficulties which the technological and societal changes of the twenty-first century cause to diplomatic relations today and provides, in a final section, an overview of the seven parts of the book and the topics to which they are dedicated.
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49

Eileen, Denza. Exemption from Personal Services. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0039.

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This chapter examines Article 35 of the Vienna Convention on Diplomatic Relations which concerns the exemption of diplomatic agents from personal services. The Article states that the receiving State shall exempt diplomatic agents from all personal services, from all public services of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting. This exemption comes from the general international practice that any diplomat must be treated as exempt from the obligations imposed on the general public. The chapter describes how this principle of exemption is rarely discussed as because diplomats as foreign nationals would in any event not usually be subject to civic obligations and in the rare cases where they were liable, the diplomats would be protected by their inviolability.
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50

Eileen, Denza. Introduction. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0001.

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This introductory chapter outlines the development of the Vienna Convention on Diplomatic Relations, an international treaty that defines a framework for diplomatic relations between sovereign States. It elaborates three key details why the Convention serves as an important legal framework that regulates international relations. First, the Convention guarantees the efficacy and security of the machinery through which States conduct diplomacy, and without this machinery States cannot construct law, whether by custom or by agreement on matters of substance. The Convention constitutes the procedural framework for the construction of international law and international relations. Secondly, reciprocity forms a constant and effective sanction for the observance of nearly all the rules of the Convention, such as the treatment of representatives or diplomats abroad. Thirdly, the Convention never loses sight of the need to find solutions which would be acceptable to governments and to national Parliaments as a whole.
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