Abstract
In this chapter, Spies explains why diplomatic law is one of the most codified and least contentious branches of international law. The chapter starts off by tracing its evolution from custom to treaty law, culminating in the landmark Vienna Conventions. The legal interpretation of diplomatic functions is provided, differentiating it from the narrower, more technical definition of consular functions. Detailed discussion is done of the privileges and immunities (including limitations and counter-obligations) of diplomats. Concepts that are related to (yet not part of) diplomatic law are explained, namely state immunity, diplomatic protection and the disputed notion of diplomatic ‘asylum’. Diplomatic law is not often included in texts on diplomacy, but this chapter demonstrates why a legal context is essential to the theory and practice of diplomacy.
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