Theme. The sources of diplomatic and consular law

1. International treaties as the sources of diplomatic and consular law. International customs.

2.General principles of international law. Decree of the organs of international organizations.

3.Inter-state acts. Court decisions. Doctrines of international law.

Existence and development of the state couldn’t be without foreign communication with other subjects of international law. And necessity for foreign communication demands their organization and regulation by international law. The form of diplomatic activity of international law subjects is direct negotiations, preparation and concluding international treaties and agreements, diplomatic letters, daily representation, participation in international organizations, illumination of the position of government in the publication of official information, official publication of international acts and documents.

By the opinion of G.Nicolson diplomatic law had been appeared before state appearance when was formed custom which led to appearance of institution of consular immunity.

In Indian monument of the first 1000 year BC – Manu law, there is written that diplomatic art consists of stopping the war and enhancing the peace. In the section «King» written that war and peace depends on ambassadors. Nobody could beat the ambassadors, because they and their location were under God’s protection.

As the letters of credence were used gold ring which gave privilege. Ambassadors had to give an account of their activity.

International relations of feudalism age was not so general, it was only in several regions (Europe, Near East and North Africa, Middle, Far East). In imperial age was founded special staff, who decided foreign relations questions under the command of emperor.

Peculiarity of diplomatic activity at that time is privilege of towns, it means towns were withdrawn from the jurisdiction in favor of foreign ambassadors. And was cancelled in 70th years of XIX century.

Diplomatic law appeared and was developed as ambassadorial law, as an aggregate of norms defining position of ambassadors. Only on beginning of XX century it was changed to diplomatic.

So, as the sources of diplomatic and consular law we can say about:

- Vienna Convention on diplomatic relations 1961;

- Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character 1975;

- Vienna Convention on Consular Relations 1963;

- CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS 1946;

- Havana convention on diplomatic officers 1928;

- the Caracas Convention 1911;

- Convention on the Privileges and Immunities of the Specialized Agencies, 1947;

The system of diplomatic law corresponds to the main diplomatic forms: to the bilateral diplomacy, which is realized through diplomatic representatives or through special missions of multilateral diplomacy realized with delegations on international conferences and on sessions of international organizations’ organs, and by constant representatives of states by international organizations.

The founding of diplomatic law on customs took a long time. The first particular official codification of diplomatic law was undertaken in Latin America (in 1928 on the 20 February was passed Havana convention about diplomatic officials). Now diplomatic law is codified.

The main contractual act in this sphere is Viennese convention about diplomatic relations of 1961. In 1969 was passed Convention about special mission by United Nations General Assembly and in 1975 in diplomatic conference ‒ Convention about state representatives in their relations with international organizations of universal character. In RK acts a law "About Diplomatic service of RK" 2002.

Also bilateral agreements between states relates to the sources of diplomatic law as regards with establishment of diplomatic relations, consular customs. In western countries legal precedent relates to the sources of diplomatic law too.

Дата добавления: 2015-11-16