1. Malcom N.

Shaw's book of International Law (Sixth Edition), the special privileges and
immunities related to diplomatic personnel of various kinds grew up partly as a consequence of
sovereign immunity and the independence and equality of states, and partly as an essential
requirement of an international system. States must negotiate and consult with each other and
with international organizations and in order to do so need diplomatic staffs. Since these persons
represent their states in various ways, they thus benefit from the legal principle of state
sovereignty. This is also an issue of practical convenience.
According to Peter Malanczuk’s book entitled ‘Akehurst’s Modern Introduction too
International Law’ (Seventh Revised Edition), diplomatic relations are established by mutual
consent between the two states concerned. However, they may be broken off unilaterally (often
as a mark of disapproval of an illegal or unfriendly act by the other state); when state A breaks
off diplomatic relations with state B, it not only withdraws its own diplomatic mission from state
B, but also requires state B to withdraw its mission from state A.

2. Under Article 3 of the Vienna Convention on Diplomatic Relations:

“1. The functions of a diplomatic mission consist, inter alia, in:
(a) Representing the sending State in the receiving State;
(b) Protecting in the receiving State the interests of the sending State and of its nationals, within
the limits permitted by international law;
(c) Negotiating with the Government of the receiving State;
(d) Ascertaining by all lawful means conditions and developments in the receiving State, and
reporting thereon to the Government of the sending State;
(e) Promoting friendly relations between the sending State and the receiving State, and
developing their economic, cultural and scientific relations.
2. Nothing in the present Convention shall be construed as preventing the performance of
consular functions by a diplomatic mission. “

3. Articles 4 and 5 of the Vienna Convention on Diplomatic Relations (VCDR) provides

provisions concerning the description of the different forms and methods of a diplomatic work:
“Article 4
1. ​The sending State must make certain that the agrément of the receiving State has been
given for the person it proposes to accredit as head of the mission to that State.
2. ​The receiving State is not obliged to give reasons to the sending State for a refusal of
agrément.
Article 5
1. ​The sending State may, after it has given due notification to the receiving States
concerned, accredit a head of mission or assign any member of the diplomatic staff, as the case
may be, to more than one State, unless there is express objection by any of the receiving States.
2. If the sending State accredits a head of mission to one or more other States it may establish a
diplomatic mission headed by a chargé d’affaires ad interim in each State where the head of
mission has not his permanent seat.
3. A head of mission or any member of the diplomatic staff of the mission may act as
representative of the sending State to any international organization. “

4. In an article written by Mark Finaud for the website of Geneva Centre for Security policy, he
defined the following protocol functions of a diplomatic mission:
“ 1. “Representing the sending State in the receiving State”: this task of official representation
means that the Ambassador is the personal envoy of his/her Head of State to the Head of State of
the host country. Similarly, diplomats working in the host country under the leadership of the
Head of Mission are considered as representatives of their governments at all times. This means
that they cannot interfere in the host country’s domestic affairs (for instance by making public
political statements); they cannot carry out commercial activities; they have a duty of discretion.
political statements); they cannot carry out commercial activities; they have a duty of discretion.
In order to be protected from local pressures, they enjoy inviolability (of the diplomat, his/her
premises and vehicle), immunity of jurisdiction, and tax exemption. However this does not mean
impunity in case they break the local law: they can be recalled by their governments and
prosecuted in their home countries or they can be declared ‘personae non gratae’ and expelled. In
sum, the skills required here are restraint, integrity, dignity, professionalism.
2. “Protecting in the receiving State the interests of the sending State and of its nationals, within
the limits permitted by international law”: this means that the main purpose of the diplomats’
activity is to promote national interests whether diplomatic, economic, commercial, cultural, etc.
This includes catering to the needs of one’s nationals living or travelling in the host country,
which is also the main activity of the Consulate or Consular section of the Embassy. Diplomats
working to serve their countries should therefore display qualities of patriotism, loyalty, national
pride, and a good knowledge of their national policies.

3. “Negotiating with the Government of the receiving State”: negotiation is an essential part of
diplomatic activity. In a bilateral context, between two governments, irrespective of the scope of
the negotiation (from a protocol arrangement for an official visit to a wide-ranging trade
agreement), negotiation skills require: good knowledge of the topic (or reliance on experts);
flexibility and readiness for compromise (at the proper moment and not without compensation);
and a sense of win-win outcome. In a multilateral context, with potentially multiple partners and
adversaries, negotiation is more complex but requires the same skills, and, in addition, a sense of
initiative and coalition building. Let’s above all remember the wise words of Hans Blix, the
former Director-General of the International Atomic Energy Agency (IAEA): “It is
underestimated how important dignity is between people and how important it is not to
humiliate.”

4. “Ascertaining by all lawful means conditions and developments in the receiving State, and
reporting thereon to the Government of the sending State”: this is about the traditional and
standard work of diplomats: observing (via lawful means, i.e. excluding espionage) and
reporting. This calls for skills that can be acquired and developed on the job: prior knowledge of
the situation and willingness to understand it better; good contacts and interaction with all sectors
of society, from officials to civil society; agility in writing timely, clear, and concise reports to
the right echelon, with the added value of analysis compared to information available from other
sources (mainly media, including social media).

5. “Promoting friendly relations between the sending State and the receiving State, and
developing their economic, cultural and scientific relations”: finally, the tasks of diplomats
include the promotion of good relations between their countries in all spheres. This requires
active contacts with all sectors of the local population, not only the officials and the elites.
Diplomats are expected to entertain guests on a regular basis, hence the need for them to have
good knowledge of both universal and local protocol rules and a good practice of cross-cultural
communication.”

5. Under Article 2 of the 1963 Vienna Convention on Consular Relations provides that:
“Article 2. Establishment of consular relations.
1. The establishment of consular relations between States takes place by mutual consent.
2. The consent given to the establishment of diplomatic relations between two States implies,
unless otherwise stated, consent to the establishment of consular relations.
3. The severance of diplomatic relations shall not ipso facto involve the severance of consular
relations. “

6. Under article 24 of the VCDR, A written text presented or sent by the organs of foreign
relations of one state to the organs of foreign relations of another state. The diplomatic
documents most widely used are the note, memorandum, official letter, and aide-mémoire. Such
documents and archives shall be inviolable at all times no matter where it is locate.

7. Article 1 of the VCDR, Buildings, irrespective of who owns it, used for the purposes of the
mission and such purpose includes the residence of the head of mission.

8. A diplomatic minister of the highest rank, accredited as permanent representative to another

country or sovereign. They ‘re immune from any forms of arrest (Article 29 VCDR) and enjoy
other privileges under diplomatic immunity

9. Under Article 71, Vienna Convention on Consular Relations Are consuls that are not career
officials of a certain state but are merely locally engaged staff with the nationality of the sending
state and merely designated as consuls. Their main function is to protect the rights and interest of
its citizens that are residing in the receiving state. They shall enjoy facilities, privileges and
immunities only insofar as these are granted to them by the receiving State.

10.

11.

12. Under the American Model United Nations rule 2.2, Diplomatic Courtesy, is an explicit rule
that deals with the customs and courtesies of diplomatic interactions.

13. A diplomatic bag is a container with certain legal protections used for carrying official
correspondence or other items between a diplomatic mission and its home government or other
diplomatic, consular, or otherwise official entity. The physical concept of a diplomatic bag is
flexible and therefore can take many forms. The diplomatic bag has diplomatic immunity from
search or seizure, as codified in article 27 of the 1961 Vienna Convention on Diplomatic
Relations.

15. Diplomatic correspondence is correspondence between one state and another and is usually
of a formal character. It follows several widely observed customs and style in composition,
substance, presentation, and delivery and can generally be categorized into letters and notes.
Diplomatic correspondence is the way of communication of diplomatic practice.

14. A state visit is a formal visit by a head of state to a foreign country, at the invitation of the
head of state of that foreign country, with the latter also acting as the official host for the duration
of the state visit. Speaking for the host, it is generally called a state reception. State visits are
considered to be the highest expression of friendly bilateral relations between two sovereign
states, and are in general characterised by an emphasis on official public ceremonies.

16. Letters are correspondence between heads of state, typically used for the appointment and
recall of ambassadors; for the announcement of the death of a sovereign or an accession to the
throne; or for expressions of congratulations or condolence17.d
Notes- formal form of note and is so named by originally representing a formal record of
information delivered orally. It is less formal than a note (also called a letter of protest) but more
formal than memory aid or reminder
Roberts, Ivor (2009). Satow's Diplomatic Practice (6 ed.). Oxford University Press. pp. 45–66.
ISBN 0199693552.

17.

18.

19.

20. Under (Art. 27. VCDR), a Diplomatic Valise is immune from search thus cannot be opened
or detained. The Valise must bear visible external marks of their character and may contain only
diplomatic documents or articles intended for official use. The diplomatic couriers shall enjoy
person inviolability and shall not be liable to any form of arrest or detention.
person inviolability and shall not be liable to any form of arrest or detention.

21. Under Article 5 of the Vienna Convcention on Consular Relations provides for the functions
of the Consular, and are as follows:

Article 5. Consular Functions. –

Consular functions consist in:
(a) protecting in the receiving State the interests of the sending State and of its nationals, both
individuals and bodies corporate, within the limits permitted by international law;
(b) furthering the development of commercial, economic, cultural and scientific relations
between the sending State and the receiving State and otherwise promoting friendly relations
between them in accordance with the provisions of the present Convention;
(c) ascertaining by all lawful means conditions and developments in the commercial, economic,
cultural and scientific life of the receiving State, reporting thereon to the Government of the
sending State and giving information to persons interested;
(d) issuing passports and travel documents to nationals of the sending State, and visas or
appropriate documents to persons wishing to travel to the sending State;
(e) helping and assisting nationals, both individuals and bodies corporate, of the sending State;
(f) acting as notary and civil registrar and in capacities of a similar kind, and performing certain
functions of an administrative nature, provided that there is nothing contrary thereto in the laws
and regulations of the receiving State;
(g) safeguarding the interests of nationals, both individuals and bodies corporate, of the sending
State in cases of succession mortis causa in the territory of the receiving State, in accordance
with the laws and regulations of the receiving State;
(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the
interests of minors and other persons lacking full capacity who are nationals of the sending State,
particularly where any guardianship or trusteeship is required with respect to such persons;
(i) subject to the practices and procedures obtaining in the receiving State, representing or
arranging appropriate representation for nationals of the sending State before the tribunals and
other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws
and regulations of the receiving State, provisional measures for the preservation of the rights and
interests of these nationals, where, because of absence or any other reason, such nationals are
unable at the proper time to assume the defence of their rights and interests;
(j) transmitting judicial and extrajudicial documents or executing letters rogatory or commissions
to take evidence for the courts of the sending State in accordance with international agreements
in force or, in the absence of such international agreements, in any other manner compatible with
the laws and regulations of the receiving State;
(k) exercising rights of supervision and inspection provided for in the laws and regulations of the
sending State in respect of vessels having the nationality of the sending State, and of aircraft
registered in that State, and in respect of their crews;
(l) extending assistance to vessels and aircraft mentioned in sub-paragraph (k) of this Article and
to their crews, taking statements regarding the voyage of a vessel, examining and stamping the
ship's papers, and, without prejudice to the powers of the authorities of the receiving State,
conducting investigations into any incidents which occurred during the voyage, and settling
disputes of any kind between the master, the officers and the seamen in so far as this may be
authorized by the laws and regulations of the sending State;
(m) performing any other functions entrusted to a consular post by the sending State which are
not prohibited by the laws and regulations of the receiving State or to which no objection is taken
by the receiving State or which are referred to in the international agreements in force between
the sending State and the receiving State.

22. Diplomatic talk, according to Malcolm Shaw, is a method of communicating between various
parties, including negotiations between recognized agents. States must negotiate and consult with
each other and with international organizations.

23. Under Article 5 of the Vienna Convention on Consular Relations provides for the functions
of the Consular, and are as follows:
Article 5. Consular Functions. –
Consular functions consist in:
(a) protecting in the receiving State the interests of the sending State and of its nationals, both
individuals and bodies corporate, within the limits permitted by international law;
(b) furthering the development of commercial, economic, cultural and scientific relations
between the sending State and the receiving State and otherwise promoting friendly relations
between them in accordance with the provisions of the present Convention;
(c) ascertaining by all lawful means conditions and developments in the commercial, economic,
cultural and scientific life of the receiving State, reporting thereon to the Government of the
sending State and giving information to persons interested;
(d) issuing passports and travel documents to nationals of the sending State, and visas or
appropriate documents to persons wishing to travel to the sending State;
(e) helping and assisting nationals, both individuals and bodies corporate, of the sending State;
(f) acting as notary and civil registrar and in capacities of a similar kind, and performing certain
functions of an administrative nature, provided that there is nothing contrary thereto in the laws
and regulations of the receiving State;
(g) safeguarding the interests of nationals, both individuals and bodies corporate, of the sending
State in cases of succession mortis causa in the territory of the receiving State, in accordance
with the laws and regulations of the receiving State;
(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the
interests of minors and other persons lacking full capacity who are nationals of the sending State,
particularly where any guardianship or trusteeship is required with respect to such persons;
(i) subject to the practices and procedures obtaining in the receiving State, representing or
arranging appropriate representation for nationals of the sending State before the tribunals and
other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws
and regulations of the receiving State, provisional measures for the preservation of the rights and
interests of these nationals, where, because of absence or any other reason, such nationals are
unable at the proper time to assume the defence of their rights and interests;
(j) transmitting judicial and extrajudicial documents or executing letters rogatory or commissions
to take evidence for the courts of the sending State in accordance with international agreements
in force or, in the absence of such international agreements, in any other manner compatible with
the laws and regulations of the receiving State;
(k) exercising rights of supervision and inspection provided for in the laws and regulations of the
sending State in respect of vessels having the nationality of the sending State, and of aircraft
registered in that State, and in respect of their crews;
(l) extending assistance to vessels and aircraft mentioned in sub-paragraph (k) of this Article and
to their crews, taking statements regarding the voyage of a vessel, examining and stamping the
ship's papers, and, without prejudice to the powers of the authorities of the receiving State,
conducting investigations into any incidents which occurred during the voyage, and settling
disputes of any kind between the master, the officers and the seamen in so far as this may be
authorized by the laws and regulations of the sending State;
(m) performing any other functions entrusted to a consular post by the sending State which are
not prohibited by the laws and regulations of the receiving State or to which no objection is taken
by the receiving State or which are referred to in the international agreements in force between
the sending State and the receiving State.

24. Credentials are the instruments which authorize and establish a public minister in his
character with the state or prince to whom they are addressed. If the state or prince receive the
minister, he can be received only in the quality attributed to him in his credentials. They are, as it
were, his letter of attorney, his mandate patent, mandatum manifestum. Credentials are
commonly known as diplomatic credentials, the letter is addressed from one head of state to
another, asking him to give credence to whatever the ambassador may say on his country's
behalf. The letter is presented personally by the ambassador to the receiving head of state in a
formal ceremony, marking the beginning of the ambassadorship.
On the other hand, a letter of recall is formal correspondence from one head-of-state notifying a
second head-of-state that he or she is recalling his state's ambassador.
second head-of-state that he or she is recalling his state's ambassador.

26. Non-state actors do not posses official or government authorities and powers and do not have
institutional and financial relationships with states. According to the book of Non-State Actors in
International Law, they have not generally been recognized as traditional objects of international
law but, instead, as potentially new subjects of it NSAs are subject or persons of international
law. The conception of NSAs as an object of international law does, however, not sufficiently
explain its present day position in the international law. In the other words, power and influence
of NSAs in many cases goes far beyond that of entities to which international law has
traditionally accorded to object-states.

27. As provided for under Article 3 of VCDR The Diplomatic Corps are the heads of the
missions and the staff of the missions. The functions of the Diplomatic Corps, consist, inter alia,
in representing the sending State in the receiving State, protecting in the receiving State the
interests of the sending State and of its nationals, within the limits permitted by international law,
negotiating with the Government of the receiving State, ascertaining by all lawful means
conditions and developments in the receiving State, and reporting thereon to the Government of
the sending State, promoting friendly relations between the sending State and the receiving State,
and developing their economic, cultural and scientific relations.

28. In the book of Malcolm Shaw “International Law”, negotiation as a diplomatic method of
settling dispute, consists basically of discussions between the interested parties with a view to
reconciling divergent. In addition to being an extremely active method of settlement itself,
negotiation is normally the precursor to other settlement procedures as the parties decide
amongst themselves how best to resolve their differences. It is eminently suited to the
clarification, if not always resolution, of complicated disagreements. It is by mutual discussions
that the essence of the differences will be revealed and the opposing contentions elucidated.
Negotiations are the most satisfactory means to resolve disputes since the parties are so directly
engaged. Negotiations, of course, do not always succeed, since they do depend on a certain
degree of mutual goodwill, flexibility and sensitivity. Hostile public opinion in one state may
prevent the concession of certain points and mutual distrust may fatally complicate the process,
while opposing political attitudes may be such as to preclude any acceptable negotiated
agreement.

29. Under Article 9 of VCDR, the receiving State may at any time and without having to explain
its decision, notify the sending State that the head of the mission or any member of the
diplomatic staff of the mission is persona non grata or that any other member of the staff of the
mission is not acceptable. In any such case, the sending State shall, as appropriate, either recall
the person concerned or terminate his functions with the mission. A person may be declared non
grata or not acceptable before arriving in the territory of the receiving State.

30. Diplomatic rank is a system of professional and social rank used in the world of diplomacy
and international relations. A diplomat's rank determines many ceremonial details, such as the
order of precedence at official processions, table seatings at state dinners, the person to whom
diplomatic credentials should be presented, and the title by which the diplomat should be
addressed. (Vienna Conventions on Deplomatic Relations)

31. The legal basis for the activities is Article 3 of of the Vienna Convention on Diplomatic
Relations: “1. The functions of a diplomatic mission consist, inter alia, in: (a) Representing the
sending State in the receiving State; (b) Protecting in the receiving State the interests of the
sending State and of its nationals, within the limits permitted by international law; (c)
Negotiating with the Government of the receiving State; (d) Ascertaining by all lawful means
conditions and developments in the receiving State, and reporting thereon to the Government of
the sending State; (e) Promoting friendly relations between the sending State and the receiving
State, and developing their economic, cultural and scientific relations. 2. Nothing in the present
Convention shall be construed as preventing the performance of consular functions by a
diplomatic mission. “
32. Multilateral diplomacy is defined as the practice of involving more than two nations or
parties in achieving diplomatic solutions to supranational problems. A major enterprise in
multilateral conference diplomacy has been the 1982 Law of the Sea Convention which took ten
years of protracted negotiations to adopt and more than another ten years to enter into force.

33.

34.

35. Diplomatic talk is a method of communicating between various parties, including

negotiations between recognized agents. States must negotiate and consult with each other and
with international organizations. (International Law by Malcolm Shaw)