Signed | 18 April 1961 |
---|---|
Location | Vienna |
Effective | 24 April 1964 |
Condition | Ratification by 22 states |
Signatories | 61 [1] |
Parties | 193 [1] (as of June 2021) |
Depositary | UN Secretary-General |
Languages | Chinese, English, French, Russian and Spanish |
Full text | |
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]
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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.
The Vienna Convention is an extensive document, containing 53 articles. The following is a basic overview of its key provisions. [7]
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.
As of June 2020 [update] , 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.
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country. It allows diplomats safe passage and freedom of travel in a host country and affords almost total protection from local lawsuits and prosecution.
A diplomatic mission or foreign mission is a group of people from a state or organization present in another state to represent the sending state or organization officially in the receiving or host state. In practice, the phrase usually denotes an embassy or high commission, which is the main office of a country's diplomatic representatives to another country; it is usually, but not necessarily, based in the receiving state's capital city. Consulates, on the other hand, are smaller diplomatic missions that are normally located in major cities of the receiving state. As well as being a diplomatic mission to the country in which it is situated, an embassy may also be a nonresident permanent mission to one or more other countries.
An apostolic nuncio is an ecclesiastical diplomat, serving as an envoy or a permanent diplomatic representative of the Holy See to a state or to an international organization. A nuncio is appointed by and represents the Holy See, and is the head of the diplomatic mission, called an apostolic nunciature, which is the equivalent of an embassy. The Holy See is legally distinct from the Vatican City or the Catholic Church. In modern times, a nuncio is usually an archbishop.
An ambassador is an official envoy, especially a high-ranking diplomat who represents a state and is usually accredited to another sovereign state or to an international organization as the resident representative of their own government or sovereign or appointed for a special and often temporary diplomatic assignment. The word is also used informally for people who are known, without national appointment, to represent certain professions, activities, and fields of endeavor, such as sales.
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement that regulates treaties among sovereign states.
A chargé d'affaires, plural chargés d'affaires, often shortened to chargé (French) and sometimes in colloquial English to charge-D, is a diplomat who serves as an embassy's chief of mission in the absence of the ambassador. The term is French for "charged with business", meaning they are responsible for the duties of an ambassador. Chargé is masculine in gender; the feminine form is chargée d'affaires.
The diplomatic corps is the collective body of foreign diplomats accredited to a particular country or body.
Diplomatic rank is a system of professional and social rank used in the world of diplomacy and international relations. A diplomat's rank determines many ceremonial details, such as the order of precedence at official processions, table seatings at state dinners, the person to whom diplomatic credentials should be presented, and the title by which the diplomat should be addressed.
The Vienna Convention on Consular Relations is an international treaty that defines a framework for consular relations between sovereign states. It codifies many consular practices that originated from state custom and various bilateral agreements between states.
A consul is an official representative of a government who resides in a foreign country to assist and protect citizens of the consul's country, and to promote and facilitate commercial and diplomatic relations between the two countries.
The Master Nationality Rule is a consequence of Article 4 of the Convention on Certain Questions Relating to the Conflict of Nationality Laws of 1930, a treaty ratified by twenty-three parties. This provides that "a State may not afford diplomatic protection to one of its nationals against a state whose nationality such person also possesses".
DIPLOMATIC LAW is that area of international law that governs permanent and temporary diplomatic missions. A fundamental concept of diplomatic law is that of diplomatic immunity, which derives from state immunity.
A consulate is the office of a consul. A type of diplomatic mission, it is usually subordinate to the state's main representation in the capital of that foreign country, usually an embassy. The term "consulate" may refer not only to the office of a consul, but also to the building occupied by the consul and the consul's staff. The consulate may share premises with the embassy itself.
The Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations (VCLTIO) is an extension of the Vienna Convention on the Law of Treaties which deals with treaties between states. It was developed by the International Law Commission and opened for signature on 21 March 1986.
The Algiers Accords of January 19, 1981 was a set of obligations and commitments undertaken independently by the United States and Iran to resolve the Iran hostage crisis, brokered by the Algerian government and signed in Algiers on January 19, 1981. The crisis began from the takeover of the American embassy in Tehran on November 4, 1979, where Iranian students took hostage of present American embassy staff. By this accord and its adherence, 52 American citizens were able to leave Iran. With the two countries unable to settle on mutually agreeable terms, particularly for quantitative financial obligations, Algerian mediators proposed an alternative agreement model - one where each country undertook obligations under the accords independently, rather than requiring both countries to mutually adhere to the same terms under a bilateral agreement.
The United Nations General Assembly Sixth Committee is one of six main committees of the General Assembly of the United Nations. It deals primarily with legal matters and is the primary forum for the consideration of international law and other legal matters concerning the United Nations.
A protecting power is a country that represents another sovereign state in a country where said sovereign state lacks its own formal diplomatic representation in the protecting power’s state. It is common for protecting powers to be appointed when two countries break off diplomatic relations with each other. The protecting power is responsible for looking after the protected power's diplomatic property and citizens in the hosting state. If diplomatic relations were broken by the outbreak of war, the protecting power will also inquire into the welfare of prisoners of war and look after the interests of civilians in enemy-occupied territory.
The Ministry of Foreign Affairs is the government ministry of Austria responsible for diplomatic missions and immigration, the administration of foreign policy, and the maintenance of the country's relations with international organisations, especially the European Union. It oversees the Austrian embassies, consular representatives and other emissaries, and administers the naturalisation process and handles citizenship questions along with the Interior Ministry.
The Ministry of Foreign Affairs, abbreviated KLN, is a ministry of the Government of Malaysia that is responsible for foreign affairs, Malaysian diaspora, foreigners in Malaysia, diplomacy, foreign relations, counter terrorism, bilateral affairs, multilateral affairs, ASEAN, international protocol, consular services, maritime affairs, and chemical weapons. It is currently based in Putrajaya. It is also widely known as Wisma Putra, which is also the name of its building in Putrajaya.
Bhutan–Spain relations are the bilateral relations between Bhutan and Spain.