What is Vienna Convention on Diplomatic
Relations ?
The Vienna Convention on Diplomatic Relations of 1961 is an
international treaty, accepted by 189 states till date, that defines a
guideline for diplomatic relations between numerous independent countries. It
specifies the privileges of a diplomatic mission that enable the diplomats
to perform their diplomatic functions without the fear of any legal trouble
or harassment from the host country. This forms the legal basis for the
diplomatic immunity. The articles of the Vienna Convention are considered
as a cornerstone for modern international relations.
According to the Vienna Convention on Diplomatic Relations of 1961
(VCDR), diplomatic immunity is granted to only certain individuals
depending on their rank and the amount of immunity they require to carry out
their official duties without legal harassment from the host nation.
Diplomatic immunity allows foreign representatives to work in host countries
without fully understanding the customs of that country. However,
diplomats are expected to respect and follow the laws and regulations of their
host countries.
Article 31 of the Convention exempts diplomatic agents from the
civil and criminal jurisdictions of host states, except for cases in which
a diplomatic agent
(1) is involved in a dispute over personal real property, .
(2) has an action involving private estate matters or
(3) is in a dispute arising from commercial or professional
business outside the scope of official functions.
What is Vienna Convention on Consular
Relations ?
The Vienna Convention on Consular Relations of 1963 (VCCR) is an
international treaty that defines the guidelines for consular relations
between the independent countries. A consul normally operates out of an embassy
in a different country, and performs two functions:
(1) protecting the interests of the country and the
countrymen of the consul, and
(2) furthering the commercial and economic relations between
the two countries.
While a consul is not a diplomat, they work out of the
same premises, and under this treaty they are afforded most of the same
privileges, including a variation of diplomatic immunity called consular
immunity. This treaty has been accepted by 176 countries.
Consular immunity offers protections similar to the diplomatic
immunity, but these protections are not as extensive, given the functional
differences between consular and diplomatic officers. For example, consular
officers are not given absolute immunity from a host country’s criminal
jurisdiction (they may be tried for certain local crimes upon action by a
local court) and are immune from local jurisdiction only in cases directly
relating to their consular functions.
 |
****************************************************************************************
Some terms related to Diplomacy !!!
Asylum
Used in diplomacy to mean the giving of refuge in two senses:
first, within the extraterritorial grounds of an embassy (not generally done in
American embassies); and second, when one states allows someone to live within
its borders, out of reach of the authority of a second state from which the
person seeks protection.
Ambassador-Designate
An official who has been named to be an ambassador, but who has
not yet taken his oath of office.
Ambassadress
A term often used to denote the wife of an ambassador, and misused
to denote a woman chief of mission. The latter is an ambassador, not an
ambassadress.
Accords
International agreements originally thought to be for lesser subjects than
covered by treaties , but now really treaties by a different name.
Bout de Papier
A very informal means of conveying written information; more
informal than an aide mémoire or a memorandum.
Consulate
An office established by one state in an important city of another state for
the purpose of supporting and protecting its citizens traveling or residing
there. In addition, these offices are charges with performing other important
administrative duties such as issuing visas (where this is required) to host
country nationals wishing to travel to the country the consulate represents.
All consulates, whether located in the capital city or in other communities,
are administratively under the ambassador and the embassy. In addition to
carrying out their consular duties, they often serve as branch offices for the
embassy, supporting, for example, the latter’s political and economic
responsibilities. Consulates are expected to play a particularly significant
role in connection with the promotion of their own country’s exports and other
commercial activities. Officers performing consular duties are known as consuls
or, if more junior, vice consuls. The chief of the consulate is known as the
consul.
Consular Agent
An official doing consular work for a nation in a locality where it does not
maintain a regular consulate. This official is usually a national of his host
state, and his work is usually part-time.
Concordat
A treaty to which the Pope is a party.
Diplomatic Illness
The practice of feigning illness to avoid participation in a diplomatic event
of one kind or another and at the same time to avoid giving formal offense.
"Diplomatic deafness" is a somewhat related concept whereby older
diplomats allegedly turn this infirmity to advantage by not hearing what they
prefer not to hear.
Embassy
The residence of an ambassador. In recent years, also inaccurately used to
denote the building which contains the offices of the ambassador and other key
members of his staff. The proper term for the latter, as noted above, is the
"chancery". As also noted above, confusion is nowadays avoided
through the practice of using the two terms "embassy residence" and
"embassy office".
Envoy
Nowadays used to refer to any senior diplomat. Earlier it had a specific
hierarchical connotation, being used to designate diplomatic agents of less
than the highest rank.
Ex Gracia
Something which is done as a gesture of good will and not on the basis of an
accepted legal obligation.
Good Offices
An effort by a third state, or by an individual or an international body,
designed to stimulate the processes of settlement in a dispute between two
other states.
High Commission
A diplomatic mission of one Commonwealth country in another. For example, Canada
has a High Commission in Canberra, Australia.
High Commissioner
The chief of a high commission. Similar to what an ambassador is
to an embassy.
Letters of Recall
Also presented by a new ambassador, along with his letter of credence, to the
chief of state of his host country during his credentials-presentation
ceremony. It is the official document which formally recalls his predecessor.
Mission
A generic term for embassy. Mission also describes the entirety of official
representation in a given foreign country which functions under the supervision
of the Ambassador, including civilian and military personnel.
Rapprochment
The establishment of improved relations.
Vice Consul
A junior ranking consular officer.
Visa
Written authority to enter a country for either temporary or permanent
residence, depending on its wording.
