Vienna Convention on Diplomatic Relations

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Vienna Convention on Diplomatic Relations
Vienna Convention on Diplomatic Relations.svg
Ratifications of the convention
  Parties
  Non-parties
Signed18 April 1961
Location Vienna
Effective24 April 1964
ConditionRatification by 22 states
Signatories61 [1]
Parties193 [1] (as of June 2021)
Depositary UN Secretary-General
Languages Chinese, English, French, Russian and Spanish
Full text
Wikisource-logo.svg Vienna Convention on Diplomatic Relations at Wikisource

The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. [2] Its aim is to facilitate "the development of friendly relations" among governments through a uniform set of practices and principles; [3] most notably, it codifies the longstanding custom of diplomatic immunity, in which diplomatic missions are granted privileges that enable diplomats to perform their functions without fear of coercion or harassment by the host country. The Vienna Convention is a cornerstone of modern international relations and international law and is almost universally ratified and observed; [1] it is considered one of the most successful legal instruments drafted under the United Nations. [4]

Contents

History

Throughout the history of sovereign states, diplomats have enjoyed a special status. The principle of diplomatic immunity dates back to ancient times, when Greek and Roman governments granted special status to envoys. This basic concept has endured and continued to evolve over the centuries, remaining an important element of foreign relations up to the present day. [5] Their function to negotiate agreements between states demands certain special privileges. An envoy from another nation is traditionally treated as a guest, their communications with their home nation treated as confidential, and their freedom from coercion and subjugation by the host nation treated as essential.

The first attempt to codify diplomatic immunity into diplomatic law occurred with the Congress of Vienna in 1815. This was followed much later by the Convention regarding Diplomatic Officers (Havana, 1928).

The present treaty on the treatment of diplomats was the outcome of a draft by the International Law Commission. The treaty was adopted on 18 April 1961, by the United Nations Conference on Diplomatic Intercourse and Immunities held in Vienna, Austria, and first implemented on 24 April 1964. The same Conference also adopted the Optional Protocol concerning Acquisition of Nationality, the Optional Protocol concerning the Compulsory Settlement of Disputes, the Final Act and four resolutions annexed to that Act. One notable aspect which arose from the 1961 treaty was the establishment of the Holy See's diplomatic immunity status with other nations. [6]

Two years later, the United Nations adopted a closely related treaty, the Vienna Convention on Consular Relations.

Summary of provisions

The Vienna Convention is an extensive document, containing 53 articles. The following is a basic overview of its key provisions. [7]

Optional protocols

The same year the treaty was adopted, two protocols were added as amendments; countries may ratify the main treaty without necessarily ratifying these optional agreements.

States parties to the convention

States which have ratified the convention
UN member states which are not parties Vienna Convention on Diplomatic Relations.svg
  States which have ratified the convention
  UN member states which are not parties

As of June 2020, there are 193 state parties to the Vienna Convention, including all UN member states—with the exceptions of Palau and South Sudan—and the UN observer states of the Holy See and State of Palestine. [1] The Republic of China signed and ratified the convention on 18 April 1961 and 19 December 1969, respectively, prior to the UN granting China's seat to the People's Republic of China. There are no states that have signed the treaty but not ratified it.

See also

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References

  1. 1 2 3 4 "Vienna Convention on Diplomatic Relations". United Nations Treaty Collection. United Nations. Retrieved 8 April 2010.
  2. Bruns, Kai (2014). A Cornerstone of Modern Diplomacy: Britain and the Negotiation of the 1961 Vienna Convention on Diplomatic Relations. Bloomsbury. ISBN   978-1-62892-154-0.
  3. Canada, Global Affairs (31 October 2007). "Vienna Convention on Diplomatic Relations". international.gc.ca. Retrieved 6 January 2022.
  4. "Vienna Convention on Diplomatic Relations". United Nations. Retrieved 6 January 2022.
  5. U.S. Department of State, Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities (U.S. Department of State, May 1998), .
  6. "Holy See waives diplomatic immunity for accused Vatican ambassador to France". Catholic News Agency. 8 July 2019.
  7. "Vienna Convention on Diplomatic Relations". Audiovisual Library of International Law. United Nations. Retrieved 9 April 2010.