International Diplomatic and Consular Law

Basic knowledge of public international law is recommended

Participation in lectures – 15h

Direct preparation for lectures (including consultations and feedback) – 20h

Self-study (searches for required treaties, case law and literature; pre-reading of recommended texts) – 20h

Preparation for the exam – 20h

Total: 75h

A student:

• K1: identifies sources of international diplomatic and consular law – K_W01, K_W03

• K2: knows, at an advanced level, terminology of international law in the fields of diplomatic and consular law – K_W01, K_W03, K_W06

• K3: recalls rules, principles and constructs of international diplomatic and consular law – K_W03, K_W07

A student:

• S1: reads and interprets legal texts in the fields of diplomatic and consular law – K_U10

• S2: correctly applies rules of international diplomatic and consular law to factual situations – K_U04

• S3: compares diplomatic and consular relations and the rules governing these relations – K_U09

A student:

• SC1: conscientiously and systematically prepares for classes – K_K04

• SC2: recognizes the need to develop international cooperation and trust by means of diplomatic and consular relations and the value of the efficient conduct of these relations – K_K01, K_K03

Expository methods – participatory lecture

Explanatory methods – case study

- wykład konwersatoryjny

- studium przypadku

The subject is dedicated to the rules of international law governing the various aspects of diplomatic and consular relations. It is intended not only to present the most important sources of these rules and provide comment on their provisions, but also explain problems concerning their practical application, inter alia on the basis of relevant case-law of the International Court of Justice.

• Organs representing States in international relations.

• Definitions of diplomatic relations and consular relations.

• Sources of diplomatic and consular law (custom, multilateral treaties, bilateral treaties).

• The establishment of diplomatic and consular relations (the principle of mutual consent, consequences of the establishment or severance of diplomatic relations for consular relations).

• Members of a diplomatic mission/consular post (the head of mission/consular post, members of the staff); members of the private staff.

• Appointment and accreditation/admission of the head of mission/consular post (agrément, credentials, commissions, exequatur).

• Classes of heads of missions/consular posts.

• Precedence of heads of missions/consular posts.

• Appointment and precedence of members of the staff of diplomatic missions/consular posts..

• The end of a diplomatic mission/consular post and the end of the function of a diplomatic agent/consular officer (causes, consequences).

• Diplomatic and consular relations during conflicts.

• Diplomatic and consular privileges and immunities (inter alia inviolability and jurisdictional immunity) – similarities and differences.

• Obligations of members of diplomatic missions/consular posts.

• Honorary consular officers.

• Diplomatic functions and consular functions; their evolution.

• Special missions (definition, composition, functions, privileges and immunities).

• Permanent representations to international organizations.

• New developments in the field of international diplomatic and consular law.

Basic:

Sources of law:

The Vienna Convention on Diplomatic Relations (1961)

The Vienna Convention on Consular Relations (1963)

The Convention on Special Missions (New York, 1969)

Case-law of the International Court of Justice

United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran), Judgment of 24 May1980.

LaGrand (Germany v. United States of America), Judgment of 27 June 2001.

Avena and Other Mexican Nationals (Mexico v. United States of America), Judgment of 31 March 2004.

Literature:

Robledo J.M.G., The Vienna Convention on Consular Relations, United Nations Audiovisual Library of International Law, available at: https://legal.un.org/avl/pdf/ha/vccr/vccr_e.pdf.

Sen B., A Diplomat’s Handbook of International Law and Practice, 3rd edition, Dordrecht-Boston-London 1988.

Shaw M.N., The International Law, 6th edition, Cambridge 2008.

Complementary:

Cooper A.F., Heine J., Thakur R. (ed.), The Oxford Handbook of Modern Diplomacy, Oxford 2013.

Denza E., Commentary on the Vienna Convention on Diplomatic Relations, 4th edition, Oxford 2016.

Lee L.T., Quigley J.B., Consular Law and Practice, 3rd edition, Oxford 2008.

Final exam (test including single choice questions, true/false questions) – K1-K3, S1-S3,

Continuous assessment (preparation for classes, active participation) – SC1, SC2

On the basis of positive continuous assessment the final grade may be increased by 0,5 grade

The subject is dedicated to the rules of international law governing the various aspects of diplomatic and consular relations. It is intended not only to present the most important sources of these rules and provide comment on their provisions, but also explain problems concerning their practical application, inter alia on the basis of relevant case-law of the International Court of Justice.

1. Organs representing States in international relations and sources of diplomatic and consular law (custom, multilateral treaties, bilateral treaties) (1h)

2. Definitions of diplomatic relations and consular relations (1h)

3. The establishment of diplomatic and consular relations (the principle of mutual consent, consequences of the establishment or severance of diplomatic relations for consular relations) (1h)

4. Members of a diplomatic mission/consular post (the head of mission/consular post, members of the staff); members of the private staff (1h)

5. Appointment and accreditation/admission of the head of mission/consular post (agrément, credentials, commissions, exequatur) (1h)

6. Classes of heads of missions/consular posts and precedence of heads of missions/consular posts (1h)

7. Appointment and precedence of members of the staff of diplomatic missions/consular posts (1h)

8. The end of a diplomatic mission/consular post and the end of the function of a diplomatic agent/consular officer (causes, consequences) (1h)

9. Diplomatic and consular relations during conflicts. (1h)

10. Diplomatic and consular privileges and immunities (inter alia inviolability and jurisdictional immunity) – similarities and differences (1h)

11. Obligations of members of diplomatic missions/consular posts (1h)

12. Diplomatic functions and consular functions; their evolution. Honorary consular officers (1h)

13. Special missions (definition, composition, functions, privileges and immunities) (1h)

14. Permanent representations to international organizations.

15. New developments in the field of international diplomatic and consular law (1h)

Basic:

Sources of law:

The Vienna Convention on Diplomatic Relations (1961)

The Vienna Convention on Consular Relations (1963)

The Convention on Special Missions (New York, 1969)

Case-law of the International Court of Justice

United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran), Judgment of 24 May1980.

LaGrand (Germany v. United States of America), Judgment of 27 June 2001.

Avena and Other Mexican Nationals (Mexico v. United States of America), Judgment of 31 March 2004.

Literature:

Robledo J.M.G., The Vienna Convention on Consular Relations, United Nations Audiovisual Library of International Law, available at: https://legal.un.org/avl/pdf/ha/vccr/vccr_e.pdf.

Sen B., A Diplomat’s Handbook of International Law and Practice, 3rd edition, Dordrecht-Boston-London 1988.

Shaw M.N., The International Law, 6th edition, Cambridge 2008.

Complementary:

Cooper A.F., Heine J., Thakur R. (ed.), The Oxford Handbook of Modern Diplomacy, Oxford 2013.

Denza E., Commentary on the Vienna Convention on Diplomatic Relations, 4th edition, Oxford 2016.

Lee L.T., Quigley J.B., Consular Law and Practice, 3rd edition, Oxford 2008.

The subject is dedicated to the rules of international law governing the various aspects of diplomatic and consular relations. It is intended not only to present the most important sources of these rules and provide comment on their provisions, but also explain problems concerning their practical application, inter alia on the basis of relevant case-law of the International Court of Justice.

1. Organs representing States in international relations and sources of diplomatic and consular law (custom, multilateral treaties, bilateral treaties) (1h)

2. Definitions of diplomatic relations and consular relations (1h)

3. The establishment of diplomatic and consular relations (the principle of mutual consent, consequences of the establishment or severance of diplomatic relations for consular relations) (1h)

4. Members of a diplomatic mission/consular post (the head of mission/consular post, members of the staff); members of the private staff (1h)

5. Appointment and accreditation/admission of the head of mission/consular post (agrément, credentials, commissions, exequatur) (1h)

6. Classes of heads of missions/consular posts and precedence of heads of missions/consular posts (1h)

7. Appointment and precedence of members of the staff of diplomatic missions/consular posts (1h)

8. The end of a diplomatic mission/consular post and the end of the function of a diplomatic agent/consular officer (causes, consequences) (1h)

9. Diplomatic and consular relations during conflicts. (1h)

10. Diplomatic and consular privileges and immunities (inter alia inviolability and jurisdictional immunity) – similarities and differences (1h)

11. Obligations of members of diplomatic missions/consular posts (1h)

12. Diplomatic functions and consular functions; their evolution. Honorary consular officers (1h)

13. Special missions (definition, composition, functions, privileges and immunities) (1h)

14. Permanent representations to international organizations.

15. New developments in the field of international diplomatic and consular law (1h)

Basic:

Sources of law:

The Vienna Convention on Diplomatic Relations (1961)

The Vienna Convention on Consular Relations (1963)

The Convention on Special Missions (New York, 1969)

Case-law of the International Court of Justice

United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran), Judgment of 24 May1980.

LaGrand (Germany v. United States of America), Judgment of 27 June 2001.

Avena and Other Mexican Nationals (Mexico v. United States of America), Judgment of 31 March 2004.

Literature:

Robledo J.M.G., The Vienna Convention on Consular Relations, United Nations Audiovisual Library of International Law, available at: https://legal.un.org/avl/pdf/ha/vccr/vccr_e.pdf.

Sen B., A Diplomat’s Handbook of International Law and Practice, 3rd edition, Dordrecht-Boston-London 1988.

Shaw M.N., The International Law, 6th edition, Cambridge 2008.

Complementary:

Cooper A.F., Heine J., Thakur R. (ed.), The Oxford Handbook of Modern Diplomacy, Oxford 2013.

Denza E., Commentary on the Vienna Convention on Diplomatic Relations, 4th edition, Oxford 2016.

Lee L.T., Quigley J.B., Consular Law and Practice, 3rd edition, Oxford 2008.

The subject is dedicated to the rules of international law governing the various aspects of diplomatic and consular relations. It is intended not only to present the most important sources of these rules and provide comment on their provisions, but also explain problems concerning their practical application, inter alia on the basis of relevant case-law of the International Court of Justice.

1. Organs representing States in international relations and sources of diplomatic and consular law (custom, multilateral treaties, bilateral treaties) (1h)

2. Definitions of diplomatic relations and consular relations (1h)

3. The establishment of diplomatic and consular relations (the principle of mutual consent, consequences of the establishment or severance of diplomatic relations for consular relations) (1h)

4. Members of a diplomatic mission/consular post (the head of mission/consular post, members of the staff); members of the private staff (1h)

5. Appointment and accreditation/admission of the head of mission/consular post (agrément, credentials, commissions, exequatur) (1h)

6. Classes of heads of missions/consular posts and precedence of heads of missions/consular posts (1h)

7. Appointment and precedence of members of the staff of diplomatic missions/consular posts (1h)

8. The end of a diplomatic mission/consular post and the end of the function of a diplomatic agent/consular officer (causes, consequences) (1h)

9. Diplomatic and consular relations during conflicts. (1h)

10. Diplomatic and consular privileges and immunities (inter alia inviolability and jurisdictional immunity) – similarities and differences (1h)

11. Obligations of members of diplomatic missions/consular posts (1h)

12. Diplomatic functions and consular functions; their evolution. Honorary consular officers (1h)

13. Special missions (definition, composition, functions, privileges and immunities) (1h)

14. Permanent representations to international organizations.

15. New developments in the field of international diplomatic and consular law (1h)

Basic:

Sources of law:

The Vienna Convention on Diplomatic Relations (1961)

The Vienna Convention on Consular Relations (1963)

The Convention on Special Missions (New York, 1969)

Case-law of the International Court of Justice

United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran), Judgment of 24 May1980.

LaGrand (Germany v. United States of America), Judgment of 27 June 2001.

Avena and Other Mexican Nationals (Mexico v. United States of America), Judgment of 31 March 2004.

Literature:

Robledo J.M.G., The Vienna Convention on Consular Relations, United Nations Audiovisual Library of International Law, available at: https://legal.un.org/avl/pdf/ha/vccr/vccr_e.pdf.

Sen B., A Diplomat’s Handbook of International Law and Practice, 3rd edition, Dordrecht-Boston-London 1988.

Shaw M.N., The International Law, 6th edition, Cambridge 2008.

Complementary:

Cooper A.F., Heine J., Thakur R. (ed.), The Oxford Handbook of Modern Diplomacy, Oxford 2013.

Denza E., Commentary on the Vienna Convention on Diplomatic Relations, 4th edition, Oxford 2016.

Lee L.T., Quigley J.B., Consular Law and Practice, 3rd edition, Oxford 2008.