The Vienna convention on diplomatic relations : the Maltese perspective

Abstract

The purpose of this thesis was three-fold: to asses the progressive development of diplomatic law up to its codification in the Vienna Convention on Diplomatic Relations of 1964, to analyse the relationship between the Vienna Convention and the Maltese Diplomatic Immunities and Privileges Act and finally to anticipate the future prospects of the Maltese diplomatic service. Therefore, the thesis was formulated around the past, the present and the future of diplomatic law with special reference to the Maltese perspective. In order to determine the roots of the diplomatic law, an evaluation of the conduct of diplomatic relations from the 14th century B.C. up to the middle of the 20th century was undertaken. It resulted that since ancient times, communities were aware that some type of rules were required to safeguard the messenger that despatched the message of his sovereign in hostile territories. Moreover, the theories of various writers succeeded to influence States' practice which were consequently codified into the Vienna Convention of Diplomatic Relations. By understanding the legal aspects of both the Vienna Convention and the Maltese Diplomatic Immunities and Privileges Act, it was possible to track down the relationship between these two legal documents. Moreover, although some administrative Articles forming part of the Vienna Convention were left out from the Maltese Act, it resulted that there are no ambiguities between Malta's rights and obligations vis-a-vis Municipal Law in International Law. The final chapter of the thesis tried to anticipate what will be the role of the diplomat in the 21 st century due to the development of Information and Communications Technology. After analysing the current practices and procedures being used by the Maltese diplomatic service, proposals to improve and secure processes were suggested.