1648 Treaty of Westphalia: Regulating Diplomatic Practice - Essay Sample

Introduction

There is a convention that has become historical which representatives have always protected and accomplished their obligations and expectations without any hindrance. With the 1648 Treaty of Westphalia, the lasting mission transited into a custom and the need emanated to officially regulate their scope of working and ranks, the advantages and the roles that the representatives had in foreign countries (Barker, 2016). This regulation of diplomatic practice had two historical occasions. The first one was the Congress of Vienna that lasted from 1814 to 1815. The second one was the Pan American Union Congress that was in Havana in 1928. The first attempt that codified the diplomatic law was the Congress of Vienna. This congress defined the inviolability and diplomatic positions of diplomats, together with the perception of precedence (Denza, 2016). On the other hand, the Pan American Union Congress made the regulations which define the duties of the consular agents.

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First, in 1961, the issuance of VCDR or Vienna Convention on Diplomatic Relations outlined the primary regulations and perception of diplomatic relations that existed between the states or the subjects of superiority (Barker, 2016). It is the primary regulatory document that establishes diplomatic relationships for the conduct of diplomats within a diplomatic community and defining the status of the diplomats who are in the receiving country (Denza, 2016). Thus, it denotes an essential portion of international law.

In solid terms, it expounds on the composition and disposition of the diplomatic expedition. It initiates three categories of the leader of the expedition, which includes the charges d'affairs, the minister, and the ambassador. It also recounts on the roles of the leader of the expedition on both the diplomatic and the diplomatic staff. It indicates that the degree of diplomatic relations that will be set between two nations will depend on the mutual consent that will be in place (Barker, 2016). The VCDR also expounds on the legal status and prerogative of the diplomatic expedition. The legal structure and prerogative that the VCDR assures create an avenue for the diplomatic staff to fulfill their expedition.

Some of the utterances of this document show its primary provisions. Highlighting a few of these provisions will give an insight into the expectations of this document. In Art 9, the receiving state must make any member who hails from the diplomatic staff as a persona non grata after justifying this position.

In Art 22, 24, and 30, it is not appropriate to violate the diplomatic expedition. This art relates to the means of transport, archives, documents, and property of the expedition and the personal abode of the diplomats. All these enjoy the privileges of both inviolability and protection.

In Art 27, the diplomatic courier and the diplomatic bag also enjoy maximum protection. For the diplomatic bag, it implies to any container, which is pronounced to have a substantial diplomatic character.

In Art 29, the diplomats liberate themselves from both criminal and civil arrest, detention, and prosecution in the country that receives them and they do not have an obligation to provide witnesses. In Art 36, diplomats do not have to pay the customs duties.

In Art 37, all the family members of diplomats also enjoy the same privileges as they do.

Secondly, VCDR consists of two protocols. The first one is that of 1961, the Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning Acquisition of Nationality. The second one is the Optional Protocol Concerning the Compulsory Settlement of Disputes of 1963. However, the states are free to amend VCDR without having to amend these optional agreements (Denza, 2016). The 1961 protocol is to the effect that the members of the expedition and the members of their family members without the nationality of the other sending state do not get it instantly with being a part of the diplomatic expedition (Wouters & Duquet, 2015). The 1963 protocol is to the effect that dispute which arises from applying or interpreting the convention may appear before the ICJ, International Court of Justice.

Thirdly, VCCR or Vienna Convention of Consular Affairs that was issued in 1963 denotes a substantial portion of the international consular and diplomatic law. It expounds on the means of defending the interests of the states and assists the nationals who are present in the receiving states (Denza, 2016). It also expounds on conditions like "consular posts," consular district, the head of the consular post, and consular employees, among others.

The consulate together with the staff members fulfills the expedition of protecting different interests of the national corporations and the citizens in the country that receives them. Moreover, it expands on commercial relations, economic, scientific cooperation, and cultural between the sending state and the receiving state.

Some provisions of VCCR include; Art 5, which expounds on the different consular functions. Art 3 refers to the probable acknowledgment as a consulate member as a persona non grata. Art 31 is to the effect that the consular premises should not be violated (Wouters & Duquet, 2015). Art 35 gives freedom of contacts and communication between the consul and the sending country and protects consular couriers and bags. Art 36 and 37 is to the effect that the consular officers must get information in case a national comes to detention, custody, or prison, and may visit him. This Art also implies in case dies or had a trustee or guardian or experiences any tragedy or accident. Additionally, the nation has a similar right to get in touch with his consulate in case he faces any difficulty. In Art 40, the receiving state accords the consular officer the treatment that they deserve and take the necessary step to avoid any attack on their freedom and dignity (Wouters & Duquet, 2015).

In Art 43, both the consular employees and their officers are barred from becoming amenable within the jurisdiction of the administrative or juridical authorities of receiving states in regard to the acts that are performed according to the roles of the consular. Art 49 is to the effect that both the consular employees and the consular officers together with their family members should be exempted from taxes apart from some cases that this article regulates. From part 58 to 68, they expound on the roles of the honorary consul.

References

Barker, J. C. (2016). The protection of diplomatic personnel. Routledge.

https://doi.org/10.4324/9781315553825

Denza, E. (2016). Diplomatic law: commentary on the Vienna convention on diplomatic relations. Oxford University Press.

Wouters, J., & Duquet, S. (2015). Unus inter plures? The EEAS, the Vienna Convention and

International Diplomatic Practice. The European External Action Service (pp. 159-174). Palgrave Macmillan, London. Retrieved from https://link.springer.com/chapter/10.1057/9781137383037_9