Journal articles: 'Vienna Convention on Diplomatic Relations'

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Brown, Jonathan. "Diplomatic Immunity: State Practice Under the Vienna Convention on Diplomatic Relations." International and Comparative Law Quarterly 37, no. 1 (January 1988): 53–88. http://dx.doi.org/10.1093/iclqaj/37.1.53.

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Bartholomeusz, L. "Eileen Denza. Diplomatic Law, Commentary on the Vienna Convention on Diplomatic Relations." European Journal of International Law 20, no. 4 (November 1, 2009): 1286–88. http://dx.doi.org/10.1093/ejil/chp082.

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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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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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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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Orakhelashvili, Alexander. "Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations; Consular Law and Practice." Nordic Journal of International Law 79, no. 2 (2010): 339–40. http://dx.doi.org/10.1163/157181010x12668401899156.

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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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Yunita, Mela, and Lily Husny Putri. "RESPONSIBILITY OF THE RECEIVING STATE IN PROTECTING THE DIPLOMATIC PREMISES (Case Of The Lowering Of The Iranian Embassy Flag In London)." Student Journal of International Law 2, no. 1 (August 23, 2022): 46–61. http://dx.doi.org/10.24815/sjil.v2i1.21734.

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The responsibility of the receiving state in protecting the diplomatic premises has been regulated in the 1961 Vienna Convention on Diplomatic Relations. However, disturbances and destruction of diplomatic premises are still common in practice. One of them is the case of infiltration carried out by followers of al Shirazi against the Iranian embassy premise in London on Friday, March 9, 2018. The this paper indicates that the protection provided by the receiving state to the diplomatic representative premises in its country should not exceed the threat capacity or be less than the threat. In the case of lowering the flag of the Iranian embassy in London, this is a form of responsibility given by Britain as the recipient state, namely by arresting the intruders after the incident. However, the actions of the intruders constituted a violation of the 1961 Vienna Convention.

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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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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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Dominelli, Stefano. "Internet and eDiplomacy: ‘Traditional’ Diplomatic Law in the Digital Era." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 81, no. 3 (2021): 733–54. http://dx.doi.org/10.17104/0044-2348-2021-3-733.

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The rise of internet and social media has changed, amongst others, international politics and international relations, putting the rules of the 1961 Vienna Convention on Diplomatic Relations under a stress test. The present work wishes to contribute to the current scholarly debate on whether already existing traditional rules of diplomatic law can easily be adapted to a post-modern world. More in detail, it will be dwelled if and to what extent diplomatic privileges and immunities conceived for an 'in person' diplomacy can be applied to 'eDiplomacy' as well. The proper identification of notions such as 'premises', 'archives', or 'correspondence are currently under debate, as is the regime of protection of diplomatic premises in cases of cyber-crimes. Additionally, at current times, it seems the most prominent issue relates to the possibility to use in court diplomatic protected documents illegally obtained. Under the 1961 Vienna Convention, it remains unclear whether an unlawfully obtained diplomatic cable is always inadmissible. More straightforward seem to be other issues of eDiplomacy, either because the existing legal framework appears sufficiently flexible to be interpreted in such a way as to cope with eDiplomacy, or because international diplomatic law is not applicable to such new scenarios, leaving the door open for States to elaborate original solutions, if they deem it opportune.

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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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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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Subramanian, S. R. "Abuse of Diplomatic Privileges and the Balance between Immunities and the Duty to Respect the Local Laws and Regulations under the Vienna Conventions: The Recent Indian Experience." Chinese Journal of Global Governance 3, no. 2 (October 17, 2017): 182–233. http://dx.doi.org/10.1163/23525207-12340027.

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Abstract The successful adoption of the Vienna Convention on Diplomatic Relations is hailed as the ‘landmark of the highest significance in the codification of international law’. It represented the first significant codification of any international instrument since the United Nations was established. However, despite the codification of the above rules, which is largely based on the pre-existing customary international law, the scope of diplomatic protection was not free from issues and controversies. In recent times, unfortunately, there is a growing tendency amongst the diplomats to abuse their diplomatic status to commit acts prohibited by law and still claim immunity from legal process. The States-parties also aggravate this situation by selectively interpreting the rules in their favor, ignoring the fact that reciprocity is the basis for the successful functioning of the diplomatic protection. In this connection, this paper addresses the problem of abuse of immunities and privileges and its adverse implications on the balance between immunities and the duty to respect the local laws and regulations, especially with special reference to the recent Indian experience. It explores the two recent Indian diplomatic confrontations, namely, the arrest of Devyani Khobragade and the travel ban on Daniele Mancini. Based on the study, it highlights the need for a well-balanced and equitable enforcement of the Vienna Conventions in the interest of maintenance of cordial diplomatic relations in the international community.

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Blagojević, Veljko. "The specificity of implementing the Vienna Convention on Diplomatic Relations in defense (military) diplomacy." Zbornik radova Pravnog fakulteta Nis 59, no. 87 (2020): 91–108. http://dx.doi.org/10.5937/zrpfn0-25500.

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Shi, Xinxiang. "Official Acts and Beyond: Towards an Accurate Interpretation of Diplomatic Immunity Ratione Materiae under the Vienna Convention on Diplomatic Relations." Chinese Journal of International Law 18, no. 3 (September 1, 2019): 669–94. http://dx.doi.org/10.1093/chinesejil/jmz026.

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Abstract This article explores the scope of diplomatic immunity ratione materiae under the Vienna Convention on Diplomatic Relations. The difficulty regarding the topic lies in the interpretation of what constitutes an act performed “in the exercise of” diplomatic functions. Based on a critique of differing views, it is argued that diplomatic immunity ratione materiae covers not only official acts stricto sensu, but also certain private acts ancillary or incidental to the performance of diplomatic functions. In practice, the availability of the immunity is heavily dependent on the factual end of a case. Therefore, instead of using general exceptions or standards to denote the scope of the immunity, it is better to determine the immunity on a case-by-case basis in light of the seriousness of an act and the connection between the act and the functions performed.

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Ali Faraj Alghamdi, Ali Faraj Alghamdi. "International immunities for the diplomatic envoy in Islamic law and international agreements: الحصانات الدولية للمبعوث الدبلوماسي في الشريعة الإسلامية والاتفاقيات الدولية." مجلة العلوم الإقتصادية و الإدارية و القانونية 5, no. 17 (September 28, 2021): 22–1. http://dx.doi.org/10.26389/ajsrp.c151220.

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The Diplomatic Agent has great significance at the present time because of the protection and care of the interests of individuals and states have been provided by him. The diplomacy has become the basis for preparing the foreign policy of states, as through diplomatic relations states solve many problems of peace and war and other interests of states. For that many International Conventions and Agreements were concluded to regulate diplomatic relations and lay down the rules for diplomatic protection and immunities. The most important of these international Conventions is the Vienna Convention for Diplomatic Relations 1961. Which brought special privileges and immunities for Diplomatic Agents Due to the significance of the matter, the researcher attempted through the study to shed light on “International Immunities Diplomatic Envoys in International Agreements and Islamic Sharia” by discussing the concept of Diplomatic Envoys, their duties, and the international immunity in International Law and Islamic Sharia. Through highlighting the types of immunities and their scope in International Law and Islamic Sharia, it appears that the Islamic Sharia was long ahead before nations in enforcing immunities rules and international protection of Diplomatic Agents. Thus, it has been the best influence in the international direction to implement rules of diplomatic representation, making it international law. In my study, I followed the inductive analytical approach which is approach through which the texts mentioned in the international laws that regulate the international immunity of the diplomatic envoy are extrapolated and analyzed. The conclusion included the results and recommendations of the research.

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Fachri, Ferinda Khairunissa, Fitria Fitria, and Diana Mutia Habibaty. "Pemutusan Hubungan Kerja Lokal Dipekerjakan Oleh Perwakilan Negara Asing Di Indonesia." JOURNAL of LEGAL RESEARCH 4, no. 5 (August 1, 2022): 1117–36. http://dx.doi.org/10.15408/jlr.v4i5.22298.

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This thesis focuses on employment termination conflicts between Indonesians and FCRs. Foreign Country Representatives argued that the Indonesia Industrial Relations Court lacks the authority to decide a quo issue since it has diplomatic and state immunity. This study uses normative legal approach and international and domestic law as sources. The 1961 Vienna Convention and the 1963 Vienna Convention, the International Labor Organization's Termination of Employment Convention 1982, and the United Nations Convention on Jurisdictional Immunities of States and Their Property 2005 are the primary sources of international law, while Indonesia's national laws are the Code of Civil Law, Act Number 2 of 2004 on Settlement of Industrial Relations (PPHI), Act Number 11 of 2020 on Job Creation, and a few others. The research also reviews three court decisions on Foreign Country Representatives' termination of employment with Indonesians and compares them to the aforementioned laws. This study found that terminated local employees can sue in Industrial Relations Court. Due to the defendants being foreign state representatives, the case must also comply with the employees' and Foreign Country representations' agreement (e.g. Embassy, Consulate). The Agreement between the two nations controls the Industrial Relations Court's authority in disputes involving Indonesian (local) workers and foreign country representations in Indonesia, as well as court judgements.

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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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Sivash, O. M. "THE STATUS OF FAMILY MEMBERS OF THE DIPLOMATIC AGENTS UNDER THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS AND NATIONAL LAW OF UKRAINE." Juridical scientific and electronic journal, no. 8 (2020): 518–21. http://dx.doi.org/10.32782/2524-0374/2020-8/129.

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Masutti, Anna. "Legal Problems Arising from the Installation of the Galileo and EGNOS Ground Stations in NonEU Countries." Air and Space Law 37, Issue 1 (February 1, 2012): 65–79. http://dx.doi.org/10.54648/aila2012005.

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For their full operational capability, the European Union (EU) Global Navigation Satellite Systems, Galileo and EGNOS, have to rely upon Ground Sensor Stations (GSS) for the monitoring of navigation signals received from satellites and for the transmission of data to Galileo Control Centres through public networks. Some of the GSS will be installed in non-EU countries. Naturally, for these stations, the EU would like to maintain, inter alia, the inviolability of the premises: facilities free from all types of radio interference, hacking and eavesdropping attempts; the right to use codes; the privileges accorded to diplomatic personnel, communications and documents. The legal analysis of this problem has been based on the applicability of the 1945 United Nations (UN) General Convention on the Privileges and Immunities, the 2004 UN Convention on Jurisdictional Immunities of States and the 1961 Vienna Convention on Diplomatic Relations, as well as on international customary law. Consideration has been given to the legal personality of the EU, to the nature of the activities performed by GSS in order to assess EU immunity from jurisdiction or immunity from execution.

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Tiwari, Ayush. "Extent of Functional Immunity Granted to State Officials." Christ University Law Journal 8, no. 1 (January 1, 2019): 81–102. http://dx.doi.org/10.12728/culj.14.4.

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Being a part of the international community has greatly altered the relations between different states. This article will focus on the concept of diplomatic immunity, and, specifically, functional immunity provided to state officials in the realm of international law. A thorough insight into the Vienna Convention regarding Diplomatic Immunity has furthered the scope of present research. Furthermore, a line of distinction is drawn between personal and functional Immunity. This paper will also take a look into the assumptions relating to functional immunity within international law and also evaluate its doctrinal approaches. Additionally, the legal ambit of the official Act, the importance for states to recognize functional immunity is also discussed. This article will not only talk about provisions established in law but also the customs which are adopted in relation to the functioning of rationemateriae. The possibility of weighing functional immunity alongside the states’ civil and criminal jurisdiction is also evaluated in the concluding part.

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Denza, Eileen. "A Cornerstone of Modern Diplomacy: Britain and the Negotiation of the 1961 Vienna Convention on Diplomatic Relations." Journal of Cold War Studies 23, no. 3 (2021): 235–37. http://dx.doi.org/10.1162/jcws_r_01031.

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Ahmad, Nehaluddin. "The Obligation of Diplomats to Respect the Laws and Regulations of the Hosting State: A Critical Overview of the International Practices." Laws 9, no. 3 (August 30, 2020): 18. http://dx.doi.org/10.3390/laws9030018.

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Under Article 9 of the Vienna Convention on Diplomatic Relations, a receiving state may “at any time and without having to explain its decision” declare any member of a diplomatic staff persona non grata. A person so declared is considered unacceptable and is usually recalled to his or her home nation. If not recalled, the receiving state “may refuse to recognize the person concerned as a member of the mission.” However, despite the codification of the above rules, which is largely based on pre-existing customary international law, the opportunity for diplomatic protection is not free of issues and controversies. In recent times, unfortunately, there has been a growing tendency amongst diplomats to abuse their diplomatic status, in order to commit acts prohibited by law and claim immunity from the legal process. This paper addresses the problem of abuse of immunities and privileges and its adverse implications on the balance between immunities and the duty to respect the local laws and regulations. We analyze several past cases of declaration of persona non grata involving various countries.

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Won, Tae Joon. "See No Evil, Hear No Evil: The First Thatcher Government and the Problem of North Korea, 1979–1983." Britain and the World 11, no. 2 (September 2018): 232–55. http://dx.doi.org/10.3366/brw.2018.0301.

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This article explores the diplomatic challenges which confronted the first Margaret Thatcher administration in regard to Britain's Cold War policy of non-recognition of North Korea. The request of St. Vincent and the Grenadines to simultaneously appoint its resident High Commissioner to London as its non-resident Ambassador to Pyongyang had to be opposed by the British Foreign Office despite the fact that St. Vincent was not a party to the Vienna Convention on Diplomatic Relations, while London had to consider breaking the provisions of the 1883 Paris Convention in order not to recognize the ‘right of priority’ of patents which had been approved in Pyongyang as was required. Also, North Korea's stated intention to join the Inter-Governmental Maritime Consultative Organization and therefore establish its permanent mission in London forced the Foreign Office to attempt to block North Korea's admittance to the IMCO despite the principle of universality of international organizations, while Britain's inability to talk directly to the North Koreans deprived London of an important means with which to stop North Korean military aid from arriving in Zimbabwe.

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Yusvitasari, Devi. "PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)." Ganesha Civic Education Journal 1, no. 1 (October 9, 2019): 60–71. http://dx.doi.org/10.23887/gancej.v1i1.64.

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A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

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Yusvitasari, Devi. "Penerapan Prinsip Persona Non Grata Terhadap Duta Besar Ditinjau Dari Perspektif Hukum Internasional (Studi Kasus Penganiayaan TKI Oleh Duta Besar Arab Saudi Di Jerman)." Jurnal Locus Delicti 1, no. 2 (April 14, 2021): 75–87. http://dx.doi.org/10.23887/jld.v1i2.375.

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A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non- grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

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Vorontsova, Natalia A. "International legal analysis of privileges and immunities of the Eurasian Economic Union (selected customs aspects)." Vestnik of Saint Petersburg University. Law 12, no. 3 (2021): 676–92. http://dx.doi.org/10.21638/spbu14.2021.312.

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International treaties on both general and special issues, adopted at the universal, regional and bilateral levels, provide a variety of legal mechanisms for the cooperation of States in one of the branches of international law — international customs law. Here there is a very specific set of international legal norms, of course, corresponding to general international law and at the same time introducing its own characteristics. The article provides an analysis of the privileges and immunities that are within the competence of customs administrations. In particular, the author considers the so-called “customs privileges” provided to a certain category of persons in the Eurasian Economic Union (hereinafter referred to as EAEU or Union). The article analyzes the customs aspect of the EAEU law and the relevant provisions of the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963 regarding the procedure for granting privileges and immunities to certain categories of people, the movement of diplomatic mail and the consular bag. In addition, the practice of the Russian Federation on the above-mentioned issues is described. The relevance of the research topic is due to the adoption of the new EAEU Customs Code in 2017, which has undergone significant changes in terms of customs regulation of the provision of immunities and privileges for a certain category of persons, the legal analysis of which requires correlation with international standards in this field adopted earlier. The peculiarities of customs regulation within the framework of the EAEU, regarding the granting of immunities and privileges to certain categories of persons, are pointed out and adherence to their norms of international law is noted.

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Anderson, Scott. "Introductory Remarks by Scott Anderson." Proceedings of the ASIL Annual Meeting 113 (2019): 141–58. http://dx.doi.org/10.1017/amp.2019.198.

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Over the past two years, we have really seen the Trump administration make treaty withdrawal something of a signature move, from the Treaty of Amity with Iran to the Intermediate-Range Nuclear Forces Treaty, to the Optional Protocol for the Vienna Convention on Diplomatic Relations. The administration has taken steps to remove the United States, rightly or wrongly, from a wide array of longstanding international legal obligations. And while it is far from unprecedented, the administration has done so at a little bit of a faster pace than certain prior administrations have—and has embedded a lot of these moves within a consistent critique of international institutions and international commitments that promises further change on the horizon.

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Shi, Xinxiang. "Diplomatic Immunity Ratione Materiae and Crimes in International Law." Nordic Journal of International Law 90, no. 2 (April 9, 2021): 228–52. http://dx.doi.org/10.1163/15718107-bja10025.

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Abstract Diplomatic immunity ratione materiae covers not official acts in general but merely acts performed in the exercise of diplomatic functions. Consequently, crimes in international law cannot be protected by this immunity because Article 3(1) of the Vienne Convention on Diplomatic Relations (vcdr) in general should accord with international law, although certain functions under the Article do not contain a ‘legal’ element. Further, diplomatic immunity ratione materiae cannot be upheld for jus cogens violations because Article 3(1) must not contradict a jus cogens prohibition. The dividing line between the procedural rule of immunity and the substantive rule of jus cogens is blurred by the fact that the scope of diplomatic immunity ratione materiae essentially hinges upon the contents a substantive treaty provision setting out diplomatic functions.

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Franckx, Erik. "Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations, by Eileen Denza. Clarendon Press, Oxford, 1998. ISBN 0-19-826582-4, 451 pp. £95.00." Leiden Journal of International Law 12, no. 4 (December 1999): 1017–19. http://dx.doi.org/10.1017/s0922156599000527.

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Haughton, Suzette. "Bilateral Diplomacy: Rethinking the Jamaica-US Shiprider Agreement." Hague Journal of Diplomacy 3, no. 3 (2008): 253–76. http://dx.doi.org/10.1163/187119108x367189.

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AbstractThe Shiprider Agreement — an important aspect of Jamaica-US bilateral diplomacy — represents the strength of diplomatic engagements that have been used to address the cross-border drug-trafficking problem. To substantiate this claim, this article examines the Jamaica-US Shiprider Agreement on three criteria.First, examining some examples of counter-drug cooperation before the Shiprider Agreement demonstrates that the fundamental basis for the Agreement is premised on a positive Jamaica-US relationship. This relationship, along with the stipulated obligations enshrined in the 1988 Vienna Convention, impelled the United States' proposal of the Shiprider Agreement. Second, the article uses complex interdependence theory to test the negotiation process and the outcome of the Agreement. Findings demonstrate that complex interdependence mainly confirms explanations of the foreign policy outcomes and diplomatic conduct displayed in the Jamaica-US Shiprider case. Finally, the article assesses the breakdown in the negotiation process and the initial implementation phase of the Agreement, arguing that this breakdown must be seen in context given the Agreement's successful ratification and its non-controversial continuation. The article concludes that despite the instances of breakdown, the birth and provision of the judicious Jamaica-US Shiprider Agreement owed much to the success of diplomacy.

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Alston, Charlotte. "A Cornerstone of Modern Diplomacy. Britain and the Negotiation of the 1961 Vienna Convention on Diplomatic Relations, by Kai Bruns." International History Review 38, no. 5 (June 26, 2016): 1087–88. http://dx.doi.org/10.1080/07075332.2016.1195115.

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Denza, Eileen. "A Cornerstone of Modern Diplomacy: Britain and the Negotiation of the 1961 Vienna Convention on Diplomatic Relations. By Kai Bruns." British Yearbook of International Law 85, no. 1 (2014): 181–83. http://dx.doi.org/10.1093/bybil/brv011.

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Okladnaya, Marina, and Viktoriya Slivnaya. "Protocol of credentials in European countries: general and special." Law and innovative society, no. 2 (15) (January 4, 2020): 28–34. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-5.

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Problem setting. The purpose of establishing diplomatic relations is to maintain constant relations between the countries at the highest diplomatic level. The main stages of establishing diplomatic relations are regulated by the Vienna Convention on Diplomatic Relations of April 18, 1961. At the same time, this document in many respects refers to the national law of countries. The presentation of credentials is the final action, after which diplomatic relations are considered established, and the powers of state representatives take effect. However, international law does not specify the specific form and procedure for the presentation of credentials, as it is up to the States to decide. Therefore, each state has its own practice of the presentation of credentials, which depends on its form of government, national characteristics, historical past. Therefore, it is relevant today to compare the protocols of credentials in the practice of different countries to determine the positive and negative aspects. Target research. The aim of the work is to determine the main content of credentials in the process of establishing diplomatic relations, to study the practice of ceremonies of credentials on the example of Europe and Ukraine, to analyze existing problems in this area of international relations and solutions. Analysis of recent research and publication. This topic is the basis of research in many works of recognized authors. Examples are theoretical works Sagaidak O.P. «Diplomatic protocol and etiquette», Tkacha D.I. «Diplomatic protocol in the Republic of Hungary: general, special», Tymoshenko N.L. «Features of diplomatic, business protocol and etiquette of the Netherlands», and other Ukrainian scholars. Also well-known works of foreign authors are the works of Ikanovich S. and Picarsky J. «Diplomatic Protocol and Good Manners», John Wood and Jean Serre «Diplomatic Ceremony and Protocol», Bennett Carol «Business Etiquette and Protocol». Article’s main body. The establishment of diplomatic relations is aimed at the exchange of diplomatic missions between states. This process ends with the procedure of presenting credentials. Credentials are a document that officially certifies the status of a diplomatic representative of the accrediting state in the host state. This document is important in international law because it has a long history and represents the beginning of the official activities of the ambassador to the host country. Modern elements of the procedure of awarding credentials are common to many states. But each country today has its own characteristics of the ceremony of awarding credentials, which usually depends on its form of government. For example, monarchies (Netherlands, England) still have in their practice a lavish and pathetic conduct of diplomatic events. In contrast, іn today’s democracies (Hungary) the protocol of credentials is more modern and simplified due to the absence of outdated traditions and irrelevant measures. However, each country has both positive and negative aspects of the ceremony. Ukraine has little experience in diplomatic protocol since gaining independence in 1991. Today, national law effectively regulates the procedure for awarding credentials, but many provisions do not correspond to reality. Therefore, Ukraine must develop in this area of international relations on the basis of foreign experience. Conclusions and prospect of development. Thus, the presentation of credentials plays an important role in regulating diplomatic relations between countries. The basis for this ceremony is the characteristics of the state, which includes the political regime, form of government, historical past, modern development, features of the national mentality. In our opinion, the process of universalization of the diplomatic protocol is a variant of development of this field of international relations. The appropriate direction of such development may be the unification of norms relating to the ceremony of awarding credentials, as international law is being actively improved and updated, as exemplified by European integration. As modern Ukraine continues to actively establish diplomatic relations with other countries and exchange diplomatic missions, it is necessary to streamline legislation and develop it on the example of the positive experience of European countries.

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Galdenzi, Paolo. "Cultural Relations Among States: is a Legal Adaptation Required?" McGill GLSA Research Series 2, no. 1 (October 25, 2022): 20. http://dx.doi.org/10.26443/glsars.v2i1.183.

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Cultural rights are an integral part of human rights. According to the International Covenant on Economic, Social and Cultural Rights (art. 15), the latter include the right to take part in cultural life, to enjoy the benefits of scientific progress and to benefit from the results of any scientific, literary or artistic production. In order to promote the cultural dimension of human rights, cultural relations among States represent an important tool since they foster initiatives in different sectors (i.e., cinema, literature, music, design, fashion), thereby giving people a better chance to enjoy and develop cultural rights. This essay will highlight the importance of properly defining and regulating cultural relations among States through an adaptation of international law, which currently lacks any provision on the issue. Although some international instruments mention cultural relations, they never provide a comprehensive legal framework for their development: The Vienna Convention on Diplomatic Relations (1961) merely acknowledges the existence of “cultural relations”; while the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005) aims to encourage dialogue among cultures (art. 1), but never refers to cultural relations. In order to fill this legal gap, this article will first examine some international tools connected with cultural relations. Secondly, it will consider the possibility to adopt a new Convention or act of soft law to define their core principles and values. The overarching argument will hold that an adaptation of international law would help guarantee that the overall outcomes of cultural relations are greater connectivity, better mutual understanding, and enhanced sustainable dialogue between states, people and non-state actors, thereby significantly promoting a human rights-based approach to culture.

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Brown, Catherine W. "Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations (2d ed.). By Eileen Denza. New York: Oxford University Press/Clarendon Press, 1998. Pp. xix, 444. Index. £170." American Journal of International Law 94, no. 2 (April 2000): 424–27. http://dx.doi.org/10.2307/2555308.

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Glodić, Duško. "Importance and Role of Honorary Consuls in Exercise of Consular Functions // Značaj i uloga počasnih konzula u obavljanju konzularnih funkcija." Годишњак факултета правних наука - АПЕИРОН 8, no. 8 (July 24, 2018): 156. http://dx.doi.org/10.7251/gfp1808156g.

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The article explores the role and importance of honorary consuls in the exercise of consular functions assigned to them. Their commitment to the strengthening of the inter-state cooperation in the non-political sphere and the support, protection and advice provided by the honorary consuls were emphasised as the historically grounded services rendered by this category of agents. It is, however, stressed that, although the contemporary ways of communication between different state and non-state actors happen without the use of diplomatic and consular mechanisms, the honorary consuls still find their place in the relations between the states and commercial, trade and other sorts of partners based in different states. The positive International Law, including the Vienna Convention on Consular Relations, as well as bilateral consular conventions, concluded between the interested parties, recognises the institutions of honorary consuls and possesses a certain set of rules that define the appointment and status of them. The article further explores the legal nature, privileges and immunities that are accorded to the honorary consuls and highlights the sets of usual and less usual consular functions that may be assigned to them by the sending state. Some exploration of both official and symbolic functions of the existence of the use of honorary consuls has been made in the article.

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Trooboff, Peter D., and Luca G. Radicati di Brozolo. "Sovereign immunity—immunity from execution—customary international law—Vienna Convention on Diplomatic Relations—embassy bank accounts—aircraft belonging to state-owned airline." American Journal of International Law 84, no. 2 (April 1990): 573–77. http://dx.doi.org/10.2307/2203476.

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Duquet, Sanderijn. "A Cornerstone of Modern Diplomacy: Britain and the Negotiation of the 1961 Vienna Convention on Diplomatic Relations, written by Kai Bruns (2014)." Hague Journal of Diplomacy 10, no. 4 (October 23, 2015): 453–55. http://dx.doi.org/10.1163/1871191x-12341321.

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Arredondo, Ricardo. "DIPLOMACIA, ESPIONAJE Y ORDEN MUNDIAL: EL CIERRE DE CONSULADOS DE CHINA Y ESTADOS UNIDOS." Revista española de derecho internacional 73, no. 1 (January 25, 2021): 35–56. http://dx.doi.org/10.17103/redi.73.1.2021.1.01.

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This paper analyzes the political and legal context of the closure of the Chinese consulates in Houston and the American one in Chengdu in the framework of international law in general and, specifically, of the Vienna Convention on Consular Relations (1963) and the Chinese Consular Convention - United States (1980). In the first part, a brief description is made of the status of bilateral relations between China and the United States, and then it particularly considers aspects related to: a) the decision of both countries to close the aforementioned consular offices; b) the alleged conduct performed by Chinese officials, in particular, allegations of espionage and theft of intellectual property; c) the immunities of consular officials and the possibility of criminal prosecution, and d) issues related to the inviolability of consular premises. The paper concludes with some final thoughts.

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Beddard, R. "Diplomatic Law: A Commentary on the Vienna Convention on Diplomatic Relations. By EILEEN DENZA. 2nd edition. Oxford: Clarendon Press, 1998. 451 pp, (including table of cases, appendices and index). 95." British Yearbook of International Law 70, no. 1 (January 1, 2000): 250–51. http://dx.doi.org/10.1093/bybil/70.1.250.

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Bodansky, Daniel, and James Thuo Gathii. "ICJ—prohibition against the use of force—self-defense under Article 51 of the UN Charter—duty of vigilance—IHR and IHL under belligerent occupation." American Journal of International Law 101, no. 1 (January 2007): 142–49. http://dx.doi.org/10.1017/s0002930000029596.

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Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda). At <http://www.icj-cij.org>.International Court of Justice, December 19, 2005.In its December 19, 2005, judgment in Armed Activities on the Territory of the Congo v. Uganda (Democratic Republic of the Congo v. Uganda), the International Court of Justice (ICJ) found Uganda to have engaged in grave violations of the prohibition on the use of force and of its international humanitarian and human rights obligations during its occupation of Congelese territory. The Court also found that the Democratic Republic of the Congo (DRC) had violated the Vienna Convention on Diplomatic Relations for its treatment of Ugandan diplomats and also for the destruction of their diplomatic premises and the associated archives and records.The train of events leading to this case originated in May 1997 with President Laurent-Desire Kabila's deposition of Zairean dictator Mobutu-Ssese Seko. Having come to power with Ugandan and Rwandese military assistance, Kabila was unsuccessful in his effort to remove Ugandan and Rwandese troops from the DRC (paras. 48–50). The DRC alleged that in August 1998, Ugandan armed forces invaded (para. 29) and then captured and occupied Congolese towns and territory in defiance of Kabila's decision that Ugandan and Rwandese forces should leave the DRC (para. 29–31). Further, the DRC contended that Uganda recruited, funded, trained, equipped, and supplied armed Congolese groups opposed to the Kabila government (para. 32).

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Marston, Geoffrey. "Diplomatic Law: A Commentary on the Vienna Convention on Diplomatic Relations. By EILEEN DENZA. Second edition. [Oxford: Clarendon Press. 1998. xix, 422, (Appendices) 21 and (Index) 5pp. Hardback £95.00 net. ISBN 0–19–826582–4.]." Cambridge Law Journal 58, no. 1 (March 1999): 222–59. http://dx.doi.org/10.1017/s0008197399251112.

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Jeffery, Laura. "Neither confirm nor deny: WikiLeaks evidence and the Vienna Convention on Diplomatic Relations in the judicial review of the Chagos Marine Protected Area (Respond to this article at http://www.therai.org.uk/at/debate)." Anthropology Today 30, no. 3 (June 2014): 9–13. http://dx.doi.org/10.1111/1467-8322.12109.

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Grabovich, Tatiana. "INTERNATIONAL LEGAL ASPECTS OF ECONOMIC RESPONSIBILITIES OF STATES." Baltic Journal of Economic Studies 7, no. 5 (December 27, 2021): 250–59. http://dx.doi.org/10.30525/2256-0742/2021-7-5-250-259.

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The subject of the article is international legal aspects of economic responsibility of states. The aim of the article is to find an answer to the problematic issues of economic responsibility of states and its international legal aspects. Different concepts of economic responsibility are analyzed due to the lack of a unified approach to it both in economics and in related branches of law. It is noted that the institution of economic responsibility is designed to stabilize the relations of socio-economic development, the interests of participants in social exchange and to achieve the goals of sustainable development. From the international legal point of view of understanding economic responsibility, the state bears two types of responsibility – material (economic) and non-material (political). And international legal responsibility of the state is considered as an institution of the law of international responsibility. It is from this point of view the economic responsibility of the state is considered by international lawyers and specialists in the field of international relations. The methodology of the article is based on the fact that there are three basic mechanisms of liability – derivative of property rights, contracts, and torts. Contract law deals with breaches of duty, tort law deals with accidental or intentional injury to persons or property, and property law deals with misappropriation or interference with property rights. It is concluded that the state is the same economic entity in terms of economics as all equal economic entities. However, the applicability of the means of economic responsibility in the international legal aspect is complicated by the immunity of the state with regard to its property. Therefore, there are signs of liability not for all property, but only for that which has certain signs of applicability – use for commercial purposes, connection with the subject matter of the claim. In the aspect of economic responsibility, there is a distinction between immunity from jurisdiction and immunity from enforcement. The problem of differentiation of commercial and state property is outlined, attention is focused on the existence of certain categories of state property, the public nature of which is not in doubt and which are not considered possible for economic (property) responsibility for the conduct of diplomatic and consular activities of their missions, consulates, special missions, etc., whose immunity is enshrined in the Vienna Convention on Diplomatic Relations of 1961; military property, as well as property used for military purposes; property that is part of the cultural heritage of a foreign state or part of its archives, as well as property that is part of an exhibition of items of scientific, cultural or historical significance. It is also concluded that economic responsibility in international law is not always associated with the negative consequences of unlawful behavior, because it can also be applied as a result of lawful behavior, leading to the infliction of harm to other subjects. Thus, the economic responsibility of the state is on the verge of regulation of public and private law. This is its peculiarity and complexity of its application to the state.

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Theacornelia, Christella Jessicha, and Emmy Latifah. "THE VIOLATION OF IMMUNITY AND DIPLOMATIC RIGHTS: A STUDY OF INDONESIAN EMBASSY WIRETAPPING CASE IN MYANMAR 2003-2004 IN THE ASEAN COMMUNITY SECURITY RESISTANCE BASED ON THE 1961 VIENNA CONVENTION." Journal of ASEAN Dynamics and Beyond 3, no. 1 (April 5, 2022): 10. http://dx.doi.org/10.20961/aseandynamics.v3i1.52145.

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<em><span lang="EN-US">Immunity rights and diplomatic immunity are guaranteed protection of the rights granted by the international community legally through a collective agreement in the 1961 Vienna Convention to the diplomatic representatives to be able to perform their duties properly. The guarantee rights are in the form of the right to do their activities, the right from immunity to regulation regarding assets acquired, including the place of the embassy building. Wiretapping is an effort or attempt to legally invade the private space of another party. At the state level, wiretapping can be used as a threat for security issues. In this study, the author tried to describe the case of wiretapping the Indonesian Embassy in Myanmar in 2004. Besides explaining through the Vienna Convention perspective, as Myanmar and Indonesia are ASEAN Member Countries, the author will try to reveal ASEAN role mainly in ASEAN Security Community project.</span></em>

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Urrestarazu, Ursula Stark. "‘Vienna Calling’: Diplomacy and the Ordering of Intercommunal Relations at the Congress of Vienna." Hague Journal of Diplomacy 10, no. 3 (July 24, 2015): 231–60. http://dx.doi.org/10.1163/1871191x-12341316.

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This article contends that diplomacy is an essential factor in the (trans)formation of ‘intercommunal relations’ — that is, international relations understood as social order(s) constituted by the practices of different sorts of actors. This relationship is illustrated by the regulation of ranks of diplomatic agents at the Congresses of Vienna (1815) and Aix-la-Chapelle (1818) and its effects on international order. This regulation was supposed to — and indeed did — offer a solution to some typical ‘foreign policy problems’ of the early nineteenth century, whereas other equally typical problems remained unsolved. Yet the effects of this innovation resulted in a significant shift, both in diplomatic practice and in notions of international order, as it ‘ordered’ the relations between actors and constituted specific patterns of identity recognition.

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Ciobanu, Veniamin. "International reactions to the Russian suppression of the Polish insurrection (November 1830)." Romanian Journal for Baltic and Nordic Studies 5, no. 1 (August 15, 2013): 87–114. http://dx.doi.org/10.53604/rjbns.v5i1_7.

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The outburst of the Polish insurrection and its evolution attracted the attention of the European Powers, due to the international political context in which it started, that of the liberal-bourgeois revolutions in France, Belgium, Germany, Italy, Spain, Portugal, and of the implications that were expected to occur due to power balance on the continent and in the Eastern Question. Russia’s position in the political systems mentioned above depended on how the Polish Question would be solved. By subordinating all the Kingdom of Poland, whose political individuality, in the Russian political and institutional system, in which the decisions of the „Final Act” of the Peace Congress in Vienna (June 9th 1815) placed it, was about to be abolished by the Tsar, opened to the Russian Empire the path towards the consolidation of its positions in the Baltic region, strategically, political an economical, thus upsetting the other Powers in the European political system, on one hand. And secondly, because it would have relieved it of the necessity to divide its forces to oversee the evolution of the embarrassing Polish Question and would have been capable to focus its attention on a solution to the other problem, the Eastern one. This perspective was likely to happen, especially in the conditions of the peace Treaty that Russia had imposed to Turkey, at Adrianople, on September 14th 1829, which ensured the latter’s „passivity” towards the Oriental policy of its victor. These perspectives affected, in particular, Great Britain and France, the secular rivals of Russia in that area, so they tried, using only diplomatic means because of the very complicated international situation at the beginning of the fourth decade of the nineteenth century, to determine Russia to adopt a more conciliatory attitude towards the Polish insurgents. The rivalries that aggravated the Franco-British relations, especially in Western Europe, prevented the two Powers to adopt a unitary position towards Russia, a fact that allowed the latter to dictate the law in the Kingdom of Poland. A position, in some way singular, towards the Polish Question was adopted by another state, with direct interests in the Baltic sea area and with more specific ones in the Eastern Question. It is the United Kingdom of Sweden and Norway, created in the letter and the spirit of the Swedish-Norwegian Convention from Moss, on August 14th 1814. Sweden’s internal and external political circumstances in which, in 1810, the famous marshal of Napoleon I, Jean Baptiste Sebastien Bernadotte, prince of Pontecorvo, was proclaimed crown prince under the name Karl Johan, King Karl XIV Johan, from 1818, as the creation of the Swedish-Norwegian personal Union, determined the Swedish-Norwegian diplomacy favor the Russian interests in the Polish Question as well as in the Eastern Question. In the Polish Question, the one under our analysis, this was also because the insurrection of November 1830 started in the international conditions mentioned above and due to the fact that the liberal internal opposition to the conservative and absolutist monarchical policy of King Karl XIV Johan was becoming more active and could have constituted a reason for the Norwegians to evade the personal Union, which they did not favor and against which they fought, first through arms then by institutional means. The forms in which Great Britain, France and Sweden took position in regard to the reprisal of the Polish insurrection of November 1830, very well documented by the diplomatic reports of the British diplomats in St. Petersburg and of the Swedish ones, accredited in Petersburg and in London, which we had the opportunity to consult in the funds of manuscripts of British Library, in London, and those of the National Archives of Sweden, in Stockholm, constitute, in our opinion, a contribution to the knowledge of the history of European diplomacy, on one hand, and to the research of the international relations in the first half of the nineteenth century, on another. This is the reason why we intend to approach them in this study. All the documents selected from Sveriges Riksarkivet, in Stockholm and cited in these pages are included in the volume X, part I, of the Collection “Europe and the Porte”, which is still in manuscript, for this reason we indicated the archive quotations.

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Journal articles on the topic 'Vienna Convention on Diplomatic Relations'

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