Diplomatic Law
Commentary on the Vienna Convention on Diplomatic Relations
ISBN:
9780198703969
Publication date:
14/08/2017
Hardback
472 pages
ISBN:
9780198703969
Publication date:
14/08/2017
Hardback
472 pages
Fourth Edition
Edited by Eileen Denza
Rights: OUP UK (Indian Territory)
Fourth Edition
Edited by Eileen Denza
Description
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.
About the Editor
Eileen Denza is a former Legal Councillor to the Foreign and Commonwealth Office. She was a visiting professor at University College, London from 1997 to 2008. She was the legal advisor to the UK representation to the European Community from 1980 to 1983, and was Council to the EC Committee in the House of Lords from 1987 to 1995.
Fourth Edition
Edited by Eileen Denza
Table of contents
Introduction
Commentary on Preamble
Commentary on Articles 1- 53
Commentary on optional protocols
Appendix 1: The Vienna Convention on Diplomatic Relations
Appendix 2: Parties to the Vienna Convention on Diplomatic Relations
Fourth Edition
Edited by Eileen Denza
Features
- Looks at new methods of diplomacy, including virtual embassies, in light of the closure of missions due to security risks
- Examines the importance of special protections due to increased violence against embassies and diplomats
- Considers the duty of dipolmats not to interfere in domestic affairs giving way to communal responsibility to monitor and expose violations of human rights
- Explores the cases which have clarified ways of controlling abuse, particularly that of domestic servants
Fourth Edition
Edited by Eileen Denza
Review
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
questions of diplomatic law are routinely answered by asking, "What does Denza say?" The Oxford University Press fortunately recognized Denza as a classic and supported a second edition, published in 1998 ... This breadth and depth of resources ensures that Denza will remain the preeminent English language authority in its field. Happily, now that it has been published in a beautiful typeface on quality paper, Denza finally looks like the definitive work that it is - Catherine W. Brown, US Department of State, American Journal of International Law
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
well structured, it is easy to use and has a comprehensive and useful table of cases dealing with the different interpretation and application of the Convention ... during my readings I recognized many topics from my active service and the book will be a most welcome tool in my future professional life ... a useful and comprehensive source of practical guidance for diplomats as well as other practitioners. And I am sure it will be equally appreciated by scholars and students of public international law as a source of reference and learning. - Anders C Hougaard, EJIL 10 (1999)
Rarely is an international law reference text, let alone an article-by-article commentary on a convention, both authoritative and entertaining, Eileen Denza's third edition of Diplomatic Law is, however, an exception - Lance Bartholomeusz, UN Relief and Works Agency for Palestine, EJIL 20
Description
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.
About the Editor
Eileen Denza is a former Legal Councillor to the Foreign and Commonwealth Office. She was a visiting professor at University College, London from 1997 to 2008. She was the legal advisor to the UK representation to the European Community from 1980 to 1983, and was Council to the EC Committee in the House of Lords from 1987 to 1995.
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
questions of diplomatic law are routinely answered by asking, "What does Denza say?" The Oxford University Press fortunately recognized Denza as a classic and supported a second edition, published in 1998 ... This breadth and depth of resources ensures that Denza will remain the preeminent English language authority in its field. Happily, now that it has been published in a beautiful typeface on quality paper, Denza finally looks like the definitive work that it is - Catherine W. Brown, US Department of State, American Journal of International Law
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
well structured, it is easy to use and has a comprehensive and useful table of cases dealing with the different interpretation and application of the Convention ... during my readings I recognized many topics from my active service and the book will be a most welcome tool in my future professional life ... a useful and comprehensive source of practical guidance for diplomats as well as other practitioners. And I am sure it will be equally appreciated by scholars and students of public international law as a source of reference and learning. - Anders C Hougaard, EJIL 10 (1999)
Rarely is an international law reference text, let alone an article-by-article commentary on a convention, both authoritative and entertaining, Eileen Denza's third edition of Diplomatic Law is, however, an exception - Lance Bartholomeusz, UN Relief and Works Agency for Palestine, EJIL 20
Table of contents
Introduction
Commentary on Preamble
Commentary on Articles 1- 53
Commentary on optional protocols
Appendix 1: The Vienna Convention on Diplomatic Relations
Appendix 2: Parties to the Vienna Convention on Diplomatic Relations