FUNCTIONAL ESSENCE OF DIPLOMATIC AND CONSULAR IMMUNITIES: THEIR ROLE IN ENSURING THE STABILITY OF INTERNATIONAL RELATIONS
Keywords:
diplomatic immunity, consular immunity, functional necessity, Vienna Convention, international relations, persona non grata, diplomatic mission, consular functionsAbstract
This scientific article analyzes the functional nature of diplomatic and consular immunities in international law, their role as a legal guarantee that serves the effective performance of the tasks of interstate communication, representation, negotiation, information exchange and protection of the interests of citizens, not as a personal privilege. The study examines the theoretical and legal foundations of immunities, the differences between diplomatic and consular immunities, their impact on the stability of international relations, and the mechanisms of legal balance against abuse, based on the 1961 Vienna Convention on Diplomatic Relations, the 1963 Vienna Convention on Consular Relations, international judicial practice and doctrinal sources.
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References
1. Vienna Convention on Diplomatic Relations, 18 April, 1961. Article 29. https://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf 2. Vienna Convention on Consular Relations, 24 April, 1963. Article 43. https://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf 3. International Court of Justice, United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran), Judgment of 24 May 1980; International Court of Justice, Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium), Judgment of 14 February 2002. https://www.icj-cij.org/case/64 4. Eileen Denza, Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations, Oxford University Press. https://academic.oup.com/oxford-law-pro/book/61582 5. Sir Ivor Roberts, ed., Satow’s Diplomatic Practice, 8th ed., Oxford University Press, 2023. https://academic.oup.com/oxford-law-pro/book/56240 6. John B. Quigley, “Vienna Convention on Consular Relations: In Retrospect and Into the Future,” Southern Illinois University Law Journal, 2013. https://law.siu.edu/_common/documents/law-journal/articles-2013/fall-2013/5-quigley-article-final.pdf
