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Diplomatic Law in a New Millennium$
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Paul Behrens

Print publication date: 2017

Print ISBN-13: 9780198795940

Published to Oxford Scholarship Online: August 2017

DOI: 10.1093/oso/9780198795940.001.0001

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Legal Duties of Diplomats Today

Legal Duties of Diplomats Today

Chapter:
(p.247) 15 Legal Duties of Diplomats Today
Source:
Diplomatic Law in a New Millennium
Author(s):

Sanderijn Duquet

Jan Wouters

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198795940.003.0015

While scholarly discussion on diplomatic law tends to focus on privileges and immunities, the VCDR has also codified provisions on duties incumbent on individual diplomats—most notably in Article 41, which includes the duty to respect local laws and obligations, the duty of non-interference, and the duty not to use mission premises ‘in any manner incompatible’ with diplomatic functions. This chapter traces the development of the scope of individual responsibility since the entry into force of the VCDR. It investigates the nature of diplomatic duties and their significance on the basis of diplomatic law, but also local law and human rights law. It also assesses options available to receiving States to hold diplomatic agents to account and to increase respect for local regulations outside the field of judicial enforcement. Examples from State practice are used to illustrate the sanctions adopted by receiving States in this context.

Keywords:   diplomatic obligations, non-interference, local regulation, commercial activities, diplomatic premises, human rights, compliance

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