Diplomatic Law : Commentary on the Vienna Convention on Diplomatic Relations - Eileen Denza

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Diplomatic Law

Commentary on the Vienna Convention on Diplomatic Relations

By: Eileen Denza

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Paperback | 15 February 2018 | Edition Number 4

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The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide.

The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.

Industry Reviews

This book is an erudite and impressive statement of what diplomatic law actually is and what, presumably, it may become, bearing in mind such ongoing controversies as the tension between the principle of non-interference in the affairs of a particular country - and the duty to promote and champion the basic tenets of human rights. * Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers *
Review from previous edition ... a cornerstone in any large or small library collection dealing with diplomats... It remains the 'must have' work for all members of the worldwide diplomatic community... a handy collection of cases from national courts... conveniently organised by Article. * American Society of International Law *
Review from previous edition ...First published in 1976, Denza's Diplomatic Law has become the classic study on the Vienna Convention on Diplomatic Relations 1961. No study of diplomatic law or, indeed, the subject of diplomatic relations in general would be complete without reference to Denza's work. Having produced such an authoritative work, it must have been with no small degree of trepidation that Denza approached the prospects of improving upon that work 22 years later. However, there is no doubt that Denza has succeeded in her task ... The inclusion of the new material is pervasive throughout the book ... there can be little doubt that Diplomatic Law will remain the leading authority on the Vienna Convention for many years to come. It is an essential purchase for all practitioners of diplomacy and academics involved in the study of diplomacy in general and diplomatic law in particular. * J Craig Barker, International and Comparative Law Quarterly Vol 48 *

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