introduction

Question 1

Which two international relations do authors differentiate?

Answer 1

1. Transnational relations (broader scope)

2. Inter-state relations (restricted

Question 2

Which relations includes Diplomatic and consular relations?

Answer 2

Inter-state relations

Question 3

Who are the main actors of international law?

Answer 3

States

Question 4

What is the definition of diplomacy?

Answer 4

It is an instrument of foreign affairs. a “spoken or written act by representatives of states intended to influence events in the international system.

Question 5

Which actors engage in diplomacy?

Answer 5

States and international organizations

Question 6

Definition of diplomatic law

Answer 6

Set of legal rules that governs the intetaraction between States regarding Diplomatic and consular law. Mostly international rules, but do also include some domestic ones

Question 7

Under diplomatic law, is there a right to diplomatic relations?

Answer 7

No. they must be conducted on the basis of mutual consent

Question 8

Can a state be forced to maintain diplomatic relations with other Sates?

Answer 8

No. But they are still obliged to protect the diplomatic personnel of the sending state and ensure free passage out of its territory

Question 9

Two key notions regarding inter-state affairs

Answer 9

1. Mutual consent

2. Mutual reciprocity

Question 10

Can the sending state refuse to approve the diplomatic personnel of the sending state?

Answer 10

Yes, and they do not have to give a reason for it.

Question 11

Some reasons why we must study D&C law

Answer 11

1. Have a set of clear rules to make IR transparent and easy to conduct
2. Uniformity among rules
3. Improve cooperation
4. Maintain peace and security
5. Achieve certain development goals

Question 12

What are the similarities between diplomatic and consular relations?

Answer 12

Both are governed by PIL and the receiving and sending subjects must have international legal personalities. They also both require permanent organs such as and embassy or a consulate.

Question 13

Can both diplomatic and consular personnel hold a sovereign state internationally accountable through signing international treaties?

Answer 13

No, only diplomatic personnel

Question 14

Which relations will states first establish and why?

Answer 14

Diplomatic relations as they will need a good diplomatic relation in order to get the operational issues for the consular mission

Question 15

Are ambassador and consuls appointed in a similar way?

Answer 15

No, There are different ways of appointing the ambassador and the consul.

Question 16

Is the international status of diplomatic and consular mission similar?

Answer 16

It is mostly similar with Certain differences to their international status

Question 17

What are the differences between diplomatic and consular relations in terms of legal regulations?

Answer 17

Diplomatic relations are only governed by international law while consular relations are also governed by domestic law (private law)

Question 18

Can diplomatic and consular relations be multilateral?

Answer 18

Diplomatic relations can be multilateral while consular relations can only be bilateral

Question 19

Does the diplomatic mission hold a higher hierarchy than the consular mission in terms of organic and functions?

Answer 19

No. The diplomatic mission holds a higher organic hierarchy, but not in the functional perspective

Question 20

Can diplomatic and consular missions exchange functions temporarily between them?

Answer 20

yes. Ex: if there is no consular office the embassy can take on these tasks, and if the ambassador is out of the country the consul can act as a substitute.

Question 21

Where can we find the sources of international law?

Answer 21

In Article 38 of the statute of the international court of Justice which is a part of the 1946 UN charter

Question 22

What are the sources of international law?

Answer 22

1. Customary law
2. Treaties
3. Judicial decisions and teachings
4. Case law
5. General principles of law

Question 23

Sources of law are in general (?)

Answer 23

ways of finding legal regulations

Question 24

which source of law is important in diplomatic law and why?

Answer 24

Customary law as prior to the codification process of the 60s diplomatic relations were committed on mutual consent between sovereign states. Therefore, customary law used to be the main source of diplomatic law.

Question 25

Where can we find customary law?

Answer 25

1. In the continued practices of states.

2. In the opinio juris. The psychologic belief that it is law.

Question 26

Which source of law is the main source of diplomatic law after the codification process in the 60s?

Answer 26

International treaties and conventions

Question 27

why are there almost no bilateral treaties on diplomatic relations?

Answer 27

almost all sovereign states agree on diplomatic conventions due to mutual interests. they prefer transparent and uniform regulations

Question 28

How are judiciary decisions and teachings used as a source of law?

Answer 28

They are subsidiary means that only binds the parts to the controversy. They must be based in other sources of international law.

Question 29

Does case law play a large role in diplomatic law?

Answer 29

No, there is not much case law in this field. There are however two important cases.

1. Diplomatic asylum (Peru v. Columbia)
2. Diplomatic and Consular personnel from the US in Tehran (US v.Iran)

Question 30

Domestic law is not mentioned as a source of PIL under article 38 of the ICJ statute. How is it an exception under diplomatic law?

Answer 30

As an exception from PIL, domestic law is a source of Diplomatic law as some aspects are regulated under municipal laws.

Question 31

What are the relations between International and Domestic law in Diplomatic law?

Answer 31

Domestic law acts as a subsidiary means to certain situations; if the domestic law has a higher level of protection or if the issue is not regulated.

Domestic law will also sometimes adapt certain rules of international law, such as opinio juris.

Question 32

What is the limit of domestic law in Diplomatic law?

Answer 32

It cannot denaturalise PIL.