Assignment 14

Vienna Convention on Diplomatic Relations, 1961 - is a universal international treaty, which is the main source of modern diplomatic law. Until the middle of XX century diplomatic practice was regulated by an international customary law that was afterwards codified by this Convention. The most provisions of Vienna Regulations, 1815, on diplomatic ranks have been included to the Convention. The Convention was adopted on 14.04.1961 and signed on 18.04.1961 in Vienna on the UN Conference on diplomatic relations and immunities that was called in accordance with the UN General Assembly Resolution (the fifteenth session, 1959), 81 States participated in this Conference. The Convention became valid on 24.04.1964. The results of the first official codification of international regulations in the sphere of diplomatic privileges and immunities are stated in this Convention. A draft, developed by the UN Committee on International Law in the process of codification diplomatic law that was started in 1955 was laid at the root of the Convention. During the discussion and adoption of the provisions of Vienna Convention the attempts to alter the text of the Convention, include unclear notions, directed to limit privileges and immunities of both diplomatic missions and the diplomatic staff of the missions. The preamble of the Convention states that questions not expressly regulated by Convention shall be regulated by the rules of the customary international law. The parties to the Convention are nearly 150 States, including Ukraine.

Vienna Convention covers all main legal questions of diplomatic relations (the order of establishment and discharge of diplomatic relations, establishment of diplomatic missions and their functions, the appointment and recall of the head of the mission and the members of the mission); determines diplomatic ranks, the procedure of accreditation of the diplomatic mission and the staff of the diplomatic mission, its immunities and privileges an so on. Final articles are dedicated to the signing, ratification, depositary, validity of the document and joining to it. The meaning of Vienna Convention goes far beyond the borders of legal systematization of the rules of diplomatic law. As the result, its adoption led not only to the improvement of legal regulation of diplomatic activity, but also the modification of legal nature of corresponding rules subsequently their conversion from customary into conventional norms, and sometimes (in the question of customs immunities in particular) the rules of international courtesy turned into legally obligatory rules of international law. Having strengthened well known from the ancient times institute of diplomatic privileges and immunities, the Convention showed a new stage of its development. Particularly, the separation of the immunities and privileges of the diplomatic mission as the State body form the privileges and immunities of its diplomatic staff took place, new subjects that use privileges and immunities (high authorities of the international organization) have appeared. At the same time the list of diplomatic privileges and immunities wasn't changed a lot from the time when the first diplomatic missions appeared. The Convention systematizes the rules of international diplomatic law and strengthens the legal nature of the rules, codifying the existing international law customs in this sphere for the first time. On the Conference 1961 the range of resolutions were adopted. Their rules were of recommendation origin and touched upon some questions that may arouse during the performance of diplomatic relations, as well as optional protocols _: to Vienna Convention on obligatory jurisdiction of the International Court of the UN and on application of laws on nationality of the receiving state to the members of the diplomatic mission.

Unit 2

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