| CODE | IRL5016 | ||||||||||||
| TITLE | Diplomatic Law: Privileges and Immunities | ||||||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||||||
| MQF LEVEL | 7 | ||||||||||||
| ECTS CREDITS | 9 | ||||||||||||
| DEPARTMENT | International Relations | ||||||||||||
| DESCRIPTION | Starting with the evolution of diplomatic privileges and immunities and ending with the question of whether the Vienna Convention on Diplomatic Relations should be revisited in the Internet era, this study-unit introduces participants to diplomatic law in general and diplomatic privileges and immunities in particular. Combining a theoretical introduction with practical exercises, participants will become familiar with current developments in the field of diplomatic privileges and immunities. Learning Outcomes: By the end of the study-unit the student will be able to: • Explain the difference between the concepts of immunities, privileges and facilities, providing examples of each; • Describe the legal basis of diplomatic privileges and immunities, including as it relates to individuals, states and representatives, diplomatic missions, and consular missions; • Explain the theoretical justifications for privileges and immunities and how regulation has evolved; • Describe the privileges and immunities of states and their representatives (including heads of states and governments, other ministers and officials, diplomatic missions and diplomatic agents); • Compare and contrast the privileges and immunities of diplomatic missions and agents with those of consular missions and agents; • Analyse cases of use and abuse of diplomatic privileges and immunities in the modern era, and taking these into account, argue in favour of, or against, revisions to the Vienna Convention on Diplomatic Relations. Study Topics: • Principles and Concepts, Evolution and Instruments: We look at the difference between the concepts of immunities, privileges, and facilities, and the historical evolution of privileges and immunities. We describe the main legal instruments that regulate privileges and immunities: mainly international conventions and treaties, and finally, we focus on the different theoretical justifications for privileges and immunities; • Privileges and Immunities of States: Starting by defining state immunity; we also examine the general source of legitimacy of privilege and immunity in customary law and conventions. We study how law and conventions form and condition absolute and qualified state immunity, closing with an examination of specific cases of immunity: heads of state and governments; immunities of ministers, state officials, and parliamentarians; and ministers of foreign affairs; • Immunities of Diplomatic Missions: In order to represent their sending states, diplomatic missions need appropriate status so that they are not subject to the jurisdiction and power of receiving states. We discuss the types and functions of diplomatic missions and take a close look at the immunities accorded to diplomatic missions; • Privileges and Facilities Accorded to Diplomats and Missions: We further examine the facilities and privileges accorded to diplomatic missions and individual diplomatic agents, in particular inviolability of communication and freedom of movement. These privileges rest on the authority of the Vienna Convention on Diplomatic Relations, which we analyse carefully; • Immunities of Diplomatic Agents: The purpose of granting immunities and privileges to diplomats is to enable them to carry out their functions effectively. Although personal immunities and privileges of a diplomatic agent apply directly, in fact, they are awarded to the sending state and the individual diplomat enjoys them only in his or her capacity as an agent of the state.; • Consular Privileges and Immunities: We consider the codification of consular law, then we examine the regulations that govern the establishment of consular relations. We also outline the regulations governing consular posts and consular functions, as well as the privileges, immunities, and facilities they are granted. Finally, we look at the privileges and immunities of consular officers; • Special Missions and International Organisations: We define privileges and immunities of international organisations and their legal and conceptual foundations, using the UN as our primary example. Following from the rights of organisations, international civil servants have certain privileges and immunities. The privileges and immunities of missions to international organisations are distinct from those of diplomatic missions; • Abuse of Privileges and Immunities: Should the Vienna Convention on Diplomatic Relations be revisited? Diplomatic privileges and immunities usually receive attention only when exceptions or abuses are reported in the news. We examine some of these issues, most notably traffic violations, the protection of public order, London’s congestion charge, and abuse of the diplomatic bag. Finally, we examine whether a revision of the Vienna Convention is needed and wanted. Main Text/s and any supplementary readings: • Denza, E. (2004). Diplomatic Law, 2nd Edition. Oxford: Oxford University Press • Sen, B. (1988). A Diplomat’s Handbook of International Law and Practice, 3rd Revised Edition. Leiden: Brill • McClanahan, G. (1989). Diplomatic Immunity. New York: Saint Martin’s Press • Frey, L. and Frey, M. (1999). The History of Diplomatic Immunity. Columbus, OH: Ohio State University Press • Ashman, C. and Trescott, P. (1986). Outrage: Diplomatic Immunity. London: W. H. Allen • Lee, L. T. and Quigley, J. (2008). Consular Law and Practice, 3rd Edition. Oxford: Oxford University Press |
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| STUDY-UNIT TYPE | Online Lecture | ||||||||||||
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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