Diplomatic Law: Internal Public Entities Acting in The Field of International Relations 1. The Parliament

DIPLOMATIC LAW
Diplomacy and diplomatic relations
An ancient institution of interstate relations

- it derives from the Greek word “diploo”
- it designated the activity of drafting the official documents in 2 exemplars –
one being sent to the official delegate and another one was kept in the archives
- XVIII th century – the term “diplomacy” used by its actual meaning – 1787 in
England
- Subsequently, it becomes an essential instrument in realising the interstate
cooperation or peacefully solving the international conflicts
Different senses of the term « diplomacy »
- external poltics of a state (Europena diplomacy), group of states (e.g.

EU),geographical region (e.g. Middle East diplomacy), the diplomacy of an era
(contemporary democracy)
- one or more public institutions – Foreign Affairs ministry, diplomatic missions
- functios fulfilled by diplomats or diplomatic misisions
- an art of managing international relations
- common language : politness, endurance, tact, but also negative manipulation,
duplicity, etc
= managing the relationships of a state with another state or group of States, by

officials means that includes the action of diplomatic agents as well as the specific
activity of the internal authorities of the State in the field of international
relations, representing a m ain instrument in the field of external relationsof the
state in order to defend the rights and the interests of that state vis-à-vis other
states or international organizations
= conducerea raporturilor unui stat cu alt stat sau grupuri de state, prin mijloace sau cai
oficiale si cuprinde actiunea proprie a agentilor diplomatici si activitatea specifica a organelor
interne ale statului in domeniul politicii externe, reprezentand astfel un instrument de baza
al relatiilor externe ale statului pentru apararea drepturilor si intereselor acestuia in raport
cu alte state si organizatii internationale1.
Internal public entities acting in the field of international relations
1. The Parliament : the legislative authority – adopts ratification laws as well as the
laws of adherence to the international treaties, other laws that transpose in a normative
plan the foreign policies strategies of a state.
2. The Chief of the State – the representative of the state vis a vis other states
- signs international treaties without presentic the instrument of „full powers” -

full powers traces its history to the Roman plena potestas;
In cases where an envoy is entrusted with unusually extensive tasks that would not be
covered by an ordinary permanent legation (such as the negotiation of a special treaty or
convention, or representation at a diplomatic congress), an envoy may be given full
powers (pleins pouvoirs) "in letters patent signed by the head of the State" designing
"either limited or unlimited full powers, according to the requirements of the case.1
- adresses mesages to the Parliament regarding different issues of the external

policies of the state
- appoints (accredits) and recalls diplomatic agents
- approves, establish, suppressing, changes the rank of the diplomatic missions
- benefits of all the diplomatic immunities and privileges while being abroad
3. The Prime Minister – Chief of the Government – exercising representation

atributions
- negotiates and establishes international treaties sumitted to his approval

- appoints and recalls certain categories of diplomats
4.The Foreign Affairs Ministry – the special public authority of the state
administration – organizing and developing directly the international relations of
the state
- preperaes the drafts of the international treaties that are about to be established
with state partners
- can establish a certain type of agreements
- notifies the appointment and recalling some diplomatic agents
5. Foreign Affairs Minister – represents the Government abroad and can
negotiate and establish international agreements without presenting « full
powers »
- has the attribution of controlling diplomatic and cosnular missions of the

State
External public entities acting in the field of international relations

1
Lassa Oppenheim, International Law: A Treatise (Vol. 1, 2005: ed. Ronald Roxburgh), 371, p. 550.
2
Diplomatic missions
A permanent diplomatic mission is typically known as an embassy, and the head of

the mission is known as an ambassador. The term "embassy" is commonly used also
of the building or section of a building in which the work of the diplomatic mission is
carried out, but, strictly speaking, it is the diplomatic delegation itself that is the
embassy, while the office space is called the chancery,
An ambassador represents one head of state to another and an ambassador's letters

of credence are addressed by one head of state to another.
Letter of Credence is an official diplomatic document presented to an ambassador by

the ambassador's chief of state, dating from thirteenth cetury. It will be addressed to
the receiving state's chief describing the ambassador's qualifications in
complimentary terms. Once the letters of credence is presented, the diplomat act
officially and the receiving state is to give full credence to what the ambassador may
say on behalf of the ambassador's government.
The letter of credence is signed by the sending head of state and is addressed to the
receiving head of state. (In some countries, letters accrediting or recalling
ambassadors or ministers are also countersigned by a minister of state.
The particular elements of a letter of credence vary from country to country . in the
name of his sovereign or Government. Usually "the appointment and reception of
diplomatic representatives are matters of protocol and ceremony" but there are
occasionally "legal implications in the context of questions as to the legitimacy of a
particular head of State" because addressing letters of credence to, or accepting
letters of credence from, a foreign head of state has implications relating
to recognition of a particular government. 2
The functions of a diplomatic mission consist 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
2
Accordance with international law of the unilateral declaration of independence in respect of Kosovo", ICJ
Advisory Opinion of 22 July 2010, para. 84, available from http://www.icj-cij.org/docket/index.php?
p1=3&p2=4&k=21&case=141&code=kos&p3=4 or http://www.icj-cij.org/docket/files/141/15987
3
Government of the sending State; promoting friendly relations between the sending
State and the receiving State, and developing their economic, cultural and scientific
relations.
Diplomatic corps - the body of diplomats representing other countries in a particular

state
Diplomatic ranks
The current system of diplomatic ranks was established by the Vienna Convention
on Diplomatic Relations (1961).[1] There are three ranks, two of which remain in use:
1. Ambassador. An Ambassador is a head of mission who is accredited to the receiving

country's head of state. They head a diplomatic mission known as an embassy, which
is usually headquartered in a chancery in the receiving state's capital.
1. A papal nuncio is considered to have Ambassadorial rank, and they preside
over a nunciature.
2. Commonwealth countries send a High Commissioner who presides over a
High Commission and has the same diplomatic rank as an Ambassador.
2. Minister. A Minister is a head of mission who is accredited to the receiving country's
head of state. A Minister heads a legation rather than an embassy. However, the
last legations were upgraded to embassies in the late 1960s, and the rank of Minister
is now obsolete.[2]
1. An envoy or an internuncio is also considered to have the rank of Minister.
3. Chargés d'affaires:
1. A chargé d'affaires en pied is a permanent head of mission who is accredited by
his country's Foreign Minister to the receiving nation's Foreign Minister, in
cases where the two governments have not reached an agreement to exchange
ambassadors.
2. A chargé d'affaires ad interim is a diplomat who temporarily heads a
diplomatic mission in the absence of an ambassador.
Ambassadors have precedence over chargés, and precedence within each rank is
determined by the date on which diplomatic credentials were presented.
The rights and immunities (such as diplomatic immunity) of diplomatic missions

are codified in the Vienna Convention on Diplomatic Relations.
The members of a diplomatic mission can reside within or outside the building that
holds the mission's chancery, and their private residences enjoy the same rights as
the premises of the mission as regards inviolability and protection.
4
The most fundamental rule of diplomatic law is that the person of a diplomatic agent
is inviolable. Diplomats may not be detained or arrested, and enjoy complete
immunity from criminal prosecution in the receiving state, although there is no
immunity from the jurisdiction of the sending state.
The only remedy the host state has in the face of offences alleged to have been
committed by a diplomat is to declare him or her persona non grata, which typically
means that the diplomat must leave the territory of the state. In 1999, for example,
an attaché of the Russian Embassy in Washington DC was declared persona non
grata for suspected "bugging" of the State Department.
The UN Convention on the Prevention and Punishment of Crimes against Internationally
Protected Persons, Including Diplomatic Agents was adopted in 1973. It provides that
states parties must make attacks upon diplomats a crime in internal law, and obliges
them to extradite or prosecute offenders. However, in exceptional cases, a diplomat
may be arrested or detained on the basis of self-defence or in the interests of
protecting human life.
The private residence, papers, correspondence and property of diplomats are also
inviolable. In general, diplomats are immune from civil and administrative
jurisdiction of the state in which they are serving, although there are a number of
important exceptions.

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DIPLOMATIC LAW

Diplomacy and diplomatic relations

An ancient institution of interstate relations

Different senses of the term « diplomacy »

- external poltics of a state (Europena diplomacy), group of states (e.g.

= managing the relationships of a state with another state or group of States, by

Internal public entities acting in the field of international relations

- signs international treaties without presentic the instrument of „full powers” -

- adresses mesages to the Parliament regarding different issues of the external

3. The Prime Minister – Chief of the Government – exercising representation

- negotiates and establishes international treaties sumitted to his approval

- has the attribution of controlling diplomatic and cosnular missions of the

External public entities acting in the field of international relations

A permanent diplomatic mission is typically known as an embassy, and the head of

An ambassador represents one head of state to another and an ambassador's letters

Letter of Credence is an official diplomatic document presented to an ambassador by

The functions of a diplomatic mission consist in representing the sending State in

Diplomatic corps - the body of diplomats representing other countries in a particular

1. Ambassador. An Ambassador is a head of mission who is accredited to the receiving

The rights and immunities (such as diplomatic immunity) of diplomatic missions

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