WHY

CAN DIP

LOMAT

S

PARK E

VERYWHERE?

KAI BRUNS

AMERICAN U

NIVERSIT

Y IN

THE

EMIRAT

ES

P AP

ER

PR

ES

EN

T AT

I ON

@ W

I SC

20

14

FR

AN

KF U

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BUS LANE : EMBASSY CAR PARK 2.O

Diplomatic car parked in bus lane in London

CD Red on White: London 1940s CD Black on White: Berlin 2014

DIPLOMATIC CARS IN TIME

DIPLOMATIC LICENSE PLATES IN GERMANY

Diplomat

Embassy staff

United States of America

Hierarchy

Source: http://www.kfz-auskunft.de/autokennzeichen/diplomatenkennzeichen.html

INTRODUCTION

Motivation

• Explore the codification process of Vienna Convention on Diplomatic Relations (VCDR)

• Understand better the link between diplomatic theory & practice

Questions

• What was the role of theory in the codificaton of diplomatic privileges and immunities?

• If theory was important to the codification, which theory is taken as basis?

• What does the VCDR say about the protection of diplomatic cars?

ASSUMPTIONS

1. Modern diplomatic privileges and immunities are based on the functional necessity theory

2. Diplomatic Practice would take preference over legal theory

3. Given the practical problems, diplomatic speeding/parking was a (hot) topic discussed at the 1961 Vienna Conference

PAPER STRUCTURE

1. Theories of Diplomatic Privileges and Immunities

2. Role of Theory in the Codification of the 1961 Vienna Convention on Diplomatic Relations

3. Absolute Inviolability of Mission Premises and the Consequences for Diplomatic Means of Transport

4. Conclusion

REFLECTING ON THEORIES OF DIPLOMATIC PRIVILEGES AND IMMUNITIES

3 Legal Doctrines:

1. Theory of exterritoriality

2. Representative character theory

3. Functional necessity

Home!

ROLE OF THEORY IN CODIFICATION OF VCDRTheory took a backseat

• Lesson learnt from codification attempts under the League of Nations (prescriptive approach)

• 1930 The Hague Codification Conference

• Codification to serve pragmatic needs and to reflect current diplomatic practice

• Commentary of 1957 ILC draft Articles: Functional necessity theory guided where diplomatic practice unclear

FUNCTIONAL NECESSITY AND VCDR

VCDR outlines functions of diplomatic mission

• Article 3: represent, protect interests, negotiate, report

Preamble

[…] Realizing that the purpose of such privileges and

immunities is not to benefit individuals but to ensure

the efficient performance of the functions of

diplomatic missions as representing States,[…]

WHY IS DIPLOMATIC PARKING AN ISSUE?

1913: 39 Diplomatic Missions2013: 163 Diplomatic Missions

1913: 543 Diplomatic Corps2013: 25,000 Diplomatic Corps

Source: Hansard Files & 2013 London Diplomatic List

DIPLOMATIC MEANS OF TRANSPORT

VCDR Article 22: Absolute inviolability of mission premises was a hot topic

Praragraph 3 The premises of the mission, their furnishings and other property

thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.

• Negotiation history reveals that „means of diplomatic transport“ was originally not included

• Spanish last minute oral proposal in Plenary session at the end of the conference with little discussion

• Time pressure; tiredness of delgates; not to reopen discussion on article

CONCLUSION

• The role of theory was secondary to practical issues

• The functional necessity theory was taken as a guide and its influence can be traced in VCDR

• A derivative form of reprensentative character theory is included (Article 3, Preamble)

• Diplomatic means of transport were originally not included in the ILC draft article

• Spanish last minute oral proposal which was not discussed thoroughly due to time pressure, phyisical exhaustion and not to reopen debate

Thank you.

Kai BrunsAmerican University in the EmiratesKai.bruns@aue.ae