Diplomacy and International Protocol PDF

Diplomacy and International Protocol Lesson 4 – The codification of Diplomatic Law Professor: Lucía Álvarez Albarenga Area of Public International Law...

Diplomacy and International Protocol Lesson 4 – The codification of Diplomatic Law Professor: Lucía Álvarez Albarenga Area of Public International Law University of Vigo What is the codification of Diplomatic Law? To the formation process of Diplomatic and Consular norms What are sources of Diplomatic and Consular Law? What is the role of domestic law in Diplomatic Law? The Conventions: 1. 1961 Vienna Convention on Diplomatic Relations 2. 1963 Vienna Convention on Consular Relations 3.1969 New York Convention on Special Missions 4.1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character and the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents  General aspects The character of the norms of Diplomatic and Consular Law International in character: diplomatic and consular bodies are the subjects of international law’s tools for foreign action, oriented to consummate their official and formal relations. There must be agreements between subjects of international law to send and receive diplomatic/consular bodies or delegations. Pérez González: Diplomatic and consular law is “intrinsically international for necessity”. Relations regulated by such laws are essentially international. Material & formal aspects: diplomatic laws are formally international because of the nature of the sources and the social body they emanate from. Structurally: Diplomatic and Consular law are international law because they are created by and for the international community. General aspects The character of the norms of Diplomatic and Consular Law Combined study of Diplomatic and Consular Law: in Spain, the diplomatic and consular body are one – the diplomatic body or diplomatic career. The diplomatic body: encompasses consular body and consular activities. We use "Diplomatic Law" in a wider sense: to refer both to Diplomatic and to Consular Law. "Diplomatic Law" in the wider sense: it has been used by the UN International Law Commision when codifying laws for diplomatic relations, including within the scope of diplomatic law the 1963 Vienna Convention on Consular Relations. Shared characteristics in the broader field of International Law: a) historical formation; b) their value today (they coordinate with domestic law in a relation of subsidiarity); c) only applicable upon agreement to establish representative bodies.  The formation process of the norms of Diplomatic and Consular Law The value of their sources Ancient origins: They both go back even further than the dates when “Diplomatic Law” (XIX) and “Consular Law” (XX) entered into usage, because the set of practices they encompass have ancient origins. First codifications of Diplomatic Law: Byzantine and Venetian Regulations (in relation with norms of domestic law) and the Recompilation of the maxims of diplomatic law of Martino Garrati (on international rules). First codifications of Consular Law: corporative consul over navigation practices. The Tabula Amalphitana (XI), The Rules of Oleron (XII), Book of the Consulate of the Sea (XIV). In a general sense, the first codification of other matters of consular law was started with the early capitulations, by concession or treaties, going back to XIIth century. Origins of joint codification: a) Diplomatic Law: from generally accepted set of principles of international law; ancient custom. Not from formal acts, edicts, statutes or treaties. b) Consular Law: the consul’s statute comes from treaties where the signatories wanted to act. c) They share the quality of being the first international law set of norms ever codified in public international law. The formation process of the norms of Diplomatic and Consular Law The norms of International Law: CUSTOM Custom: of States and International Organizations. STATES Very important as a source of Diplomatic Law a) Until the 1815 Regulation on precedence of diplomatic agents, custom was the only normative practice regulating diplomatic relations. However, it was not until the codification effort initiated by the UN with the 1961 Convention on Diplomatic Relations, that custom was superseded by other normative source when carrying out diplomatic relations. b) Custom will apply to all matters unregulated by international treaties on diplomatic relations: 1961 Convention’s preamble, preamble of the 1969 Ney York convention on Special Missions and the 1975 Vienna Convention on the Representation of States in their relations with International Organizations of an Universal Character. c) Custom will apply to diplomatic relations between States that are not contracting parties to the diplomatic treaties or that they do not hold an ad hoc agreement, or if a State is engaging in relations with subjects not covered by the scope of the codified treaties.  The formation process of the norms of Diplomatic and Consular Law The norms of International Law: CUSTOM Custom: of States and International Organizations. INTERNATIONAL ORGANIZATIONS a) Principal source for diplomatic relations with an IO is treaties: constitutional treaties of the IO, headquarters agreements, or specific agreements applicable to every different headquarters. b) Less custom than with States: why? Diplomatic relations between States and IOs are a relatively new phenomena. However, there is some:1951 WHO and Egypt Agreement (art. III remission to custom); ICJ Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), in relation to the value of abstention of members of the UN Security Council for the adoption of resolutions. The formation process of the norms of Diplomatic and Consular Law The norms of International Law: CUSTOM Custom: CONSULAR LAW a) Custom is not as important for Consular Law than it is for diplomatic law, precisely because since its origins, consular law has predominantly been regulated by conventions and other formal agreements generally accepted by contracting parties. b) Anyhow, 1963 Convention, last paragraph of its preamble recognizes the existence of consular custom and declares it will be applicable to such uncovered matters by the Convention.  The formation process of the norms of Diplomatic and Consular Law The norms of International Law: TREATIES STATES Less relevant than custom when studying the role they have in the production of diplomatic law; custom is the number one source of the normative content of diplomatic law. However, when treaties regulated and incorporate custom, they became the principal and first source of diplomatic law. BILATERAL AGREEMENTS MULTILATERAL TREATIES Politically important An exception in the Limited scope codification of diplomatic law Focus: establishing, sending, Peace negotiations (peace transforming DRs; also, treaties), better treatment, cooperation or diplomatic (re)establish DRs (new States, coordination recognition) The ones raising the minimum standard of custom are deemed more Ie.: multilateral treaties regulating relevant. Ie.: Acuerdos de diplomatic asylum law concluded complementariedad y apoyo mutuo between Latin-American States, might diplomático celebrados por España be the most relevant example. con Colombia, de 27 de junio de 1979, con Costa Rica (17/04/1991) or Honduras (15/02/1995). The formation process of the norms of Diplomatic and Consular Law The norms of International Law: TREATIES INTERNATIONAL ORGANIZATIONS Different value than treaties between States as a source of diplomatic law Multilateral HEADQUARTERS Agreements for treaties AGREEMENTS the celebration of On privileges an Most relevant type immunities Concluded by an IO and the State a meeting, Every relevant IO has where the headquarters is going to be located temporary activity one Application: limited to Object: to determine the particular or conference State parties status of the IO in the State, regarding the privileges and immunities granted to the headquarters and personnel, along with the status of representatives of the State in the IO (permanent missions and ad hoc missions). Applicable: prevalence of HQ agreement in front of others between State and IO. Art. 4 1975 Vienna Convention on the representation of States in their relations with international organizations of an universal character + ICJ Applicability of the Obligation to Arbitrate under Section 21 of the United Nations Headquarters Agreement of 26 June 1947, April 26th 1988.  The formation process of the norms of Diplomatic and Consular Law The norms of International Law: TREATIES CONSULAR LAW Multilateral treaties Main source of Consular Law Quite irrelevant in the codification of consular law. BILATERAL AGREEMENTS Sometimes in Sometimes concluded On navigation and commerce. by a group of States with Remission to domestic law is very peace treaties proximity. Ie.: Convenio de usual in these treaties. Caracas de 1911. Sometimes concluded by a group of Scope: broad. States to substitute bilateral Repeated structure (general aspects, establishment of offices and Mostly concluded treaties between them. Ie: 1967 European Consular appointment of personnel, status and in the mid-XIXth Convention, completing the functions). century to WWI 1963 Vienna Convention on matters of consular Variations can be found in relation to functions. the attribution of functions to consuls, due to a necessity of compatibility with the particular demands of domestic law. The formation process of the norms of Diplomatic and Consular Law The norms of International Law: INDIRECT SOURCES Definition: Those international rules originating from a process set up in a treaty, requiring of a particular set of provisions in order to take place. The formation of a legal act. Resolutions of an International Organization regarding its own internal laws or rules. In diplomatic law, norms regulating the activities of State delegations in the IO, the reception or status of such delegations or permanent representatives; also, the quorum needed to change the provisions of a multilateral treaty or the quorum/requirements for the acceptance of new members. The application of a legal act. Ex aequo et bono decisions of an international tribunal or court to which parties have entrusted the resolution of disputes. An automatic process. Most favored nation clause. In accordance with the International Law Commission Draft Articles on Most-Favoured-Nation Clauses 1978. “A most-favored-nation clause (MFNC) is a specific treaty provision “whereby a State [the granting State] undertakes an obligation towards another State [the beneficiary State] to accord most-favored treatment in an agreed sphere of relations” (Article 4 of the draft on most-favored- nation clauses adopted by the International Law Commission at its thirtieth session in 1978)”.  The formation process of the norms of Diplomatic and Consular Law The norms of International Law: JURISPRUDENCE AND DOCTRINE Art. 38 Statute of the ICJ: Subsidiary means. Relative relevance to diplomatic and consular law. Rules of diplomatic and consular law are quite consolidated through customary law, and dispute resolution will usually take place through diplomatic means. ICJ JURISPRUDENCE 6 sentences - On diplomatic asylum: Asylum (Colombia/Peru) Case, Nov 20th 1950 and the interpretation of this case: Haya de la Torre (Colombia v. Peru) Case, June 13th 1951 - On the status of representations and their personnel: United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) Case, May 24th 1980. - On the status of the state body for foreign action, the Minister of Foreign Affairs: Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) - On the exercise of diplomatic protection and the requirement of exhaustion of internal remedies: Ahmadou Sadio Diallo Case (Republic of Guinea v. Democratic Republic of the Congo), Nov 30th 2010. - On the condition of the premises of the diplomatic mission and their inviolability: Immunities and Criminal Proceedings Case (Equatorial Guinea v. France), Dec 11th 2020. The formation process of the norms of Diplomatic and Consular Law The norms of International Law: JURISPRUDENCE AND DOCTRINE Art. 38 Statute of the ICJ: Subsidiary means. Relative relevance to diplomatic and consular law. Rules of diplomatic and consular law are quite consolidated through customary law, and dispute resolution will usually take place through diplomatic means. ICJ JURISPRUDENCE 5 advisory opinions on diplomacy and international organizations - 1949 Reparation for Injuries Suffered in the Service of the United NationsOn the status of representations and their personnel - 1980 Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt - 1988 Applicability of the Obligation to Arbitrate under Section 21 of the United Nations Headquarters Agreement of 26 June 1947 - 1989 Applicability of Article VI, Section 22, of the Convention on the Privileges and Immunities of the United Nations - 1999 Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights (Dato’ Param Cumaraswamy Case)  The formation process of the norms of Diplomatic and Consular Law The norms of International Law: JURISPRUDENCE AND DOCTRINE Jurisprudence on Diplomatic and Consular Law: It won’t be further developed as long as there is not a mandatory jurisdiction for arising disputes. This has been laid down in Protocols to 1961, 1963 and 1969 Conventions; 1975 convention only sets up a mandatory consultative system (art. 84) and a conciliation regime (art. 85). There is more domestic jurisprudence on diplomatic and consular disputes than international, especially in Common Law countries. Fundamentally: on the diplomatic status and immunities on jurisdiction, but also on contractual relations of the diplomatic and consular bodies, of their personnel which are governed by the receiving State’s domestic laws. Doctrine: Function of lege ferenda. Decisive in the original codifications and fixation periods, this is, until 1815. But also, until WWII, with private codification initiatives. Variae of Casidoro (s. VI), Medieval Mirrors for Princes. However, Renaissance and classical scholars will be more relevant in the development of norms of diplomatic law: XVI to XVIIth century. Regarding consular law, doctrine is practically irrelevant to its development. The formation process of the norms of Diplomatic and Consular Law The norms of International Law: OTHER MEANS OF NORMATIVE RELEVANCE International courtesy: Comitas gentium For Pouch, it is preferential, since its observance is not mandatory by law, it was very important for the creation of diplomatic law. It is fair to say that if not all, the vast majority of international norms of diplomatic law were before international courtesy: “process of comitas- norm". International practice International practice, mainly diplomatic, but also consular, is a system of consolidated precedents in history. Examples: ceremonies, the style or means for diplomatic action. Analogy Only applicable to cases where there is no other way of interpreting the issue. In diplomatic law, to regulate new situations arisen from diplomatic relations, also in international organizations (for fixating the status of their personnel and of their judges). In consular law, analogy is usually put in practice. Ie.: to regulate new sections of consular offices within a diplomatic mission.  The formation process of the norms of Diplomatic and Consular Law The role of domestic law Domestic law holds a subsidiary position in relation to diplomatic law. It covers all matters international law cannot or does not cover (by remission to their national laws, because international law does not regulate some matters like appointment of the State body for foreign affairs). Domestic laws may also have a role of completing matters regulated by international law, like tax immunities or customs, giving better treatment based on courtesy, or because they have been set up un reciprocal agreements between States in accordance with domestic law. In consular law, it is normal domestic laws regulate functions of consular offices (foreign and domestic) and other aspects of application. Domestic norms adapting diplomatic law: “internal diplomatic law”. Organization of the foreign affairs representatives, access to the diplomatic body, internal functioning of diplomatic missions and consular offices. Since they only apply to the internal aspects of the foreign action of the State, it should not be stated these laws are purely diplomatic laws, because they have no relevance whatsoever to international law, in the sense of not compromising or regulating the very exercise of diplomatic activities, neither in relation to the relations established with the receiving State or treatment given to delegations by this last one. This “internal diplomatic law” is administrative law, as any other regulating services, bodies or access to career in the State. Regarding IOs, domestic law will become relevant if there are certain subjects unregulated by treaties, especially in those case where there is no headquarters agreement.  Diplomacy and International Protocol Lesson 4 – The Conventions on Diplomatic Law Professor: Lucía Álvarez Albarenga Area of Public International Law University of Vigo What are the Conventions on Diplomatic Law? 1. 1961 Vienna Convention on Diplomatic Relations 2. 1963 Vienna Convention on Consular Relations 3.1969 New York Convention on Special Missions 4.1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character and the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents  Codification (I) Precedents and main codification efforts UN: International Law Commission 1. 1961 Vienna Convention on Diplomatic Relations 2. 1963 Vienna Convention on Consular Relations 3. 1969 New York Convention on Special Missions 4. 1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character Also: - 1973 New York Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents - 1989 Draft Articles on the Status of the Diplomatic Courier and the Diplomatic Bag Not Accompanied by Diplomatic Courier and Draft Optional Protocols Today, ILC is working on: - Immunity of State officials from foreign criminal jurisdiction: direct diplomacy. - 2006 Draft articles on Diplomatic Protection Codification (I) Precedents and main codification efforts Other precedents: - Private and official codifications (XIX) and the 1815 Vienna Regulation on Precedence, or the 1927 Draft Articles of the Expert Committee of the League of Nations on Diplomatic Privileges and Immunities. Today: - The application of diplomatic treaties is practically universal, especially the 1961 Vienna Convention. The great amount of customary law and the uniformity of treaty law is very relevant to understand the wide scope of codification efforts in diplomatic law: this facilitates regulating “new diplomacy” by means of analogy.  1961 Vienna Convention on Diplomatic Relations Adopted in Vienna April 18th 1961, in force since April 24th 1964. Universality is reflected upon the fact that almost every existing State is part of it. Spain: accession Dec 21st 1967, BOE January 24th 1968. Scope of application: relations between States and, more specifically, the regulation of permanent diplomacy. This aim is sustained on the basis of: the will of the parties, the content of the Convention and from art. 1.b) 1969 Convention on Special Missions: “a “permanent diplomatic mission” is a diplomatic mission within the meaning of the Vienna Convention on Diplomatic Relations”. Structure of the Convention: not worded divisions, but a structure can be read from the sense and grouping of the articles: a) basic definitions (art. 1); b) establishment, composition and activity of the mission and the appointment of members and personnel (arts. 2 to 19); status of the mission and members (arts. 20 to 40); c) general provisions (arts. 41 to 47); d) final provisions (arts. 48 to 53). 1961 Vienna Convention on Diplomatic Relations The Convention, for the first time, establishes the mission with an objective character, as a body, different from its members: the mission outlives the specific mandate of personnel. For this: articles on creation, action, extinction and status of the diplomatic mission were necessary, as well as configurating the mission as the central axis and elemental instrument of diplomatic relations. This way, protagonism of diplomatic agents was left behind. Thus, the head of the mission (substantial subject in traditional understandings of foreign diplomatic action), gets a secondary and contingent role in relation to the mission as a body of its own. This Convention has the merit of putting together customary law on diplomatic relations, creating a clear, orderly and coherent system. Despite of this, the Convention is not only strict and declarative, it also innovates; it develops certain subjects: by extending the scope of application of norms, by elevating a practice or comitas to the status of norm or by regulating ex novo for new unforeseen circumstances.  1961 Vienna Convention on Diplomatic Relations Article 3: lays down the basic diplomatic functions, something undone in any precedents. Extension of the scope of application: elevation of the status of administrative and technical personnel, closer to the diplomatic status, because it was granted criminal immunity for private acts (art. 37). From conversion of practice or comitas: mandatory request of placet for heads of mission (art. 4), the receiving State may limit the number of personnel of the foreign mission (art. 11), the possibility for the head of mission to start his mandate by simply presenting the “copies of style” of his letters of credentials (art. 13); Regarding the one coming from comitas: tax and custom exemptions, of the mission and diplomatic agents (arts. 23, 28, 34 and 36), extended partially to administrative and technical personnel of the mission (art. 37). Ex novo creations: active-multiple authorization (art. 6); exemption of the diplomatic agent from the social security system of the receiving State and the regulation of this to service personnel (art. 33); exemption to the civil and administrative jurisdiction for succession actions when the diplomatic agent is entitled to privately (art. 31.1.b) 1963 Vienna Convention on Consular Relations Adopted April 24th 1963, in force since March 19th 1967. Spain accessed in March 5th 1970. BOE March 6th 1970. The 1963 Convention is part of the codification of diplomatic law and its structure reproduces, mutatis mutandi, the 1961 Vienna Convention. Scope of application: consular relations among States, only subjects of international law that can hold such relations. Appart from article 1 (definitions), the Conventions is divided in Chapters, then in Sections, that establish rules for consular relations in general: establishment, exercise and termination (Chapter I, arts. 2 to 27), status of the consular office and of its members (Chapter II, arts. 28 to 57), the regime for honorary consular officers and the offices directed by them (Chapter III, arts, 58 to 68), general provisions (Chapter V, arts. 74 to 79).  1963 Vienna Convention on Consular Relations The Convention is based on customary law and on the most generalized rules of bilateral conventions, especially through the MFN clause. Since the Convention does not lay down prescriptions for the way consular functions may be carried out and other formal aspects of changing nature, the Convention allows for further developments to come in place to regulate these matters, such as treaties completing or extending its prescriptions (art. 73). This way, the 1963 Convention gets a subsidiary character and becomes the minimum applicable. The 1963 Convention, likewise the 1961 Convention, separates the consular office from the consular personnel: it lays down rules for the establishment of the office, appointment, activity and extinction, the status of the office and, separately, the status of consular personnel. 1963 Vienna Convention on Consular Relations Status: like in the 1961 Convention, in the preamble is declared that it is granted not to beneficiate individuals, but to secure the correct functioning of the consular office. Therefore, diplomatic and consular status are both based on the “theory of the interest of the function”. The consular office enjoys the same status as the diplomatic mission, except entrance to the premises of the consular office is allowed in case of fire or other emergency requiring immediate protective action (art. 31.2). Only consular personnel will be granted status for private activities, but inviolability is limited for them in the cases of commission of serious crimes. In such cases, detention and preemptive imprisonment must be ordered by the competent judicial authority. In other cases, they cannot be detained or find their personal liberty restricted, but in application of a final sentence (art. 41.1 and 2). Other privileges and immunities of consular personnel are reduced to the exercise of their functions, with the exception of immunity from civil jurisdiction for damage caused by traffic accident, cruise or plane occurred in the territory of the receiving State (art. 43.2.b).  1963 Vienna Convention on Consular Relations The possibility of resignation of the sending State over the whole of privileges and immunities of the members of the consular office is allowed by article 45, while in the 1961 Vienna Convention this resignation is only provided for the immunity of the jurisdiction of the members of mission. Finally, for honorary consular offices (as long the receiving State allows for their set up), they are recognized with an elevated status practically mirroring the general regime of the Convention (arts. 58 to 68).  Diplomacy and International Protocol Lesson 4 – The Conventions on Diplomatic Law Professor: Lucía Álvarez Albarenga Area of Public International Law University of Vigo What are the Conventions on Diplomatic Law? 1. 1961 Vienna Convention on Diplomatic Relations 2. 1963 Vienna Convention on Consular Relations 3.1969 New York Convention on Special Missions 4.1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character and the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents  1969 New York Convention on Diplomatic Relations Open for signatures in New York, Dec 16th 1969, after approval by the UN General Assembly in Dec 8th 1969, after the proper debate by the Sexth Commission, in force since June 26th 1985. Spain accessed June 30th 2001. BOE July 4th 2001. ✓ QUICK FACTS It was approved after the ILC adopted Resolution I in the 1961 Vienna Convention Conference, recommending the adoption of a specific convention on ad hoc diplomacy. With this Convention, the codification of diplomatic law is evidently considered as an organic whole encompassing all official State’s activities abroad. In its preamble, it is declared the 1969 Convention continues the codification started with the 1961 Vienna Convention, followed by the 1963 Vienna Convention. This Convention might as well be considered a “projection” of the 1961 Vienna Convention. This is a transposition by analogy of the rules for permanent missions, with some differences (ratio iuris). Coincidences in regulation get bigger due to the common customary law giving basis to both Conventions. 1969 New York Convention on Special Missions Scope of application: This Convention does not cover all ad hoc forms of diplomacy; the scope of application is limited to bilateral relations between States through missions to deal with specific issues of common interest or to carry out a specific activity: article 1.a (definition of special mission). Different cases are covered by article 6 (possibility of establishing several special missions in the receiving State to cover a particular issue) and article 16 (sets rules of precedence for article 6). Types of ad hoc diplomacy not covered by the Convention: Multilateral relations: like delegations for diplomatic conferences (“conference diplomacy”). In bilateral relations: “itinerant diplomacy” is not regulated by the Convention, neither is “direct diplomacy” (the one carried out by “central State bodies”: Head of State, Head of Government and Minister for Foreign Affairs). ✓ Note: “central State bodies” entitled to carry out “direct diplomacy” can be part of a special mission, and this Convention will continue to be applicable. Why? Because the mission does not change its special character when central State bodies are somehow included within the special mission.  1969 New York Convention on Special Missions Structure No formal divisions. Like in the 1961 Vienna Convention: - Art. 1: definitions - Parts regulating: establishment, composition & activities of the mission and appointment of personnel (arts. 2 to 18), the status of the mission & members (arts. 19 and 45), general provisions (arts. 46 to 49) and final provisions (arts. 50 to 55). Characteristics a) Functions: the Convention does not set the specific functions for special missions. Instead, States, by mutual agreement, will lay them out (art. 3). These functions will begin to operate since the first contact between the special mission with the appointed body of the receiving State takes place(art. 13). 1969 New York Convention on Special Missions Characteristics b) Sending a special mission without pre-existing diplomatic relations between parties: This does not imply that by sending the special mission the parties with no previous diplomatic relations are then engaging in permanent diplomatic relations. Sending a special mission will not imply parties are recognizing each other’s State or government. Therefore, for sending a special mission it won’t be necessary to have mutual governmental or State recognition. Rupture of diplomatic relations will not necessarily bring about the end of the special mission (arts. 7 and 20.2).  1969 New York Convention on Special Missions Characteristics c) Members of mission: 3 types 1. Head of the special mission. 2. Representatives. (Not necessarily from the diplomatic body. Art. 9.1). Representativity: this condition must be upheld by the Head of the special mission & personnel (arts. 9 &14). Personnel of the special mission can act as diplomatic agents without “full representative character”. This means they are not required to have the “legal aspect of representation”, this is, being an agent of the diplomatic body of the sending state, which is a true exception to the modern concept of diplomatic agent. “Modern diplomatic agent”: always three aspects: symbolic, political and legal. 1969 New York Convention on Special Missions Characteristics d) Precedence of special missions in the receiving State: alphabetical order (in absence of a different agreement) of the sending States in the language used by the protocol of the receiving State (art. 16). e) Status: Tax immunity of the premises of the special mission, as long as it is compatible with the nature and duration of the functions of such mission (art. 24). Civil and administrative immunity of the representatives and members to the special mission, and also of the administrative and technical personnel in case of damaged caused by traffic accident off-duty (arts. 31.1.d and 36). This exception is also present in the 1963 Convention (art. 43.2b). Extension of status for “accompanying family members”, instead of the general provision of “family within the household”, also to representatives, members of diplomatic personnel, administrative and technical staff (art. 39). f) Consent: Presumption of consent (in similar way than art. 31 1963 Consular Convention), when express consent has been able to be obtained to gain entrance in the premises of the special mission in case of fire or another danger putting public order at serious risk (art. 25).  Diplomacy and International Protocol Lesson 4 – The Conventions on Diplomatic Law Professor: Lucía Álvarez Albarenga Area of Public International Law University of Vigo What are the Conventions on Diplomatic Law? 1. 1961 Vienna Convention on Diplomatic Relations 2. 1963 Vienna Convention on Consular Relations 3.1969 New York Convention on Special Missions 4.1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character and the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents  1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character Adopted March 13th 1975, open to signatures March 14th 1975 in Vienna. Ambitious convention aimed to regulate relations of State delegations in front of IOs of universal scope, as well as in the conferences held by the IO. ✓ QUICK FACTS Opposition of the main headquarters States: Belgium (voted against), Austria, Canada, US, France, the UK and Switzerland abstained, has brought about the stand-by to the entry into force (General Assembly Sessions 47º, 1992/93). This situation will most likely remain until the disputed provisions are not changed in the terms of the opposing block. This Convention continues, as said in its preamble, the codification labor started with the 1961, 1963 and the 1969 Conventions. Customary law (not much because this Convention is on IOs), but it also includes provisions taken from the 1946 and 1974 UN Conventions on privileges and immunities of Specialized Bodies. 1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character Content: Art. 2: the convention is aimed to govern permanent missions and permanent observers’ missions before an IO of an universal character; b) delegations and observers’ delegations in the bodies of the IO; c) delegations and observers' delegations in conferences held by the IO. In any case: ON missions and delegations of States, not other subjects of international law. There is a resolution approving the participation as observer of national liberation movements recognized by the African Union and the League of Arab States, excluding the participation of regional international organizations.  1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character Structure Wide scope. It is divided into 6 parts: a) Introduction (art. 1 definitions, Part I, arts. 1 to 4) b) Missions before IOs: establishment and relations of the mission, appointment of personnel and status of the mission and members. Also, provisions for permanent missions of observers (Part II, arts. 5 to 41) c) Delegations in bodies and conferences: sending delegations, composition, status of the delegation and members (Part III, arts. 42 to 70). d) Delegations of observers in conferences and bodies, by remission to Part III (Part IV, arts. 71 and 72) e) General provisions (Part V, arts. 73 to 85) f) Final provisions (Part VI, arts. 86 to 92) 1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character Controversies put forward by headquarters States: a) Wide status recognized to representatives and delegations, very similar to 1961 Conventions. b) Giving the same status to “observer permanent mission” than to “permanent missions”. The members of the first ones are not equally obligated by the rules of the IO as the ones of the second. It was deemed to go against art. 105 UN Charter (limiting the status of the missions to the one needed to develop their functions, a limited maintained by 1946 and 1947 Conventions on privileges and immunities). c) Giving same treatment to delegations in bodies and conferences, without taking into account specific characteristics. d) Unnecessary extension of the status to the non-diplomatic personnel of missions and delegations. e) Lack of protection for headquarters States, as a counterpart to the wide status mirrored by the 1961 Vienna Convention, for not granting them the prerogative of declaring someone persona non grata (like in the 1961 Convention). This was rejected on the grounds that declaring persona non grata is not justified in a multilateral forum. For this, art. 77 was introduced, but was deemed insufficient.  1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character Shortcomings of the Convention: a) For entry into force: acceptance of the headquarters State: art. 2.1. Without the headquarters States being party, the Convention is inapplicable. b) Subsidiarity: this Convention is of subsidiary application to rules of the IO and the conference (art. 3), and other agreements in force between States or States and IOs of universal character. Other agreements on the representation in conferences can be concluded as well (art. 4). 1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character Content a) Obligations of communication: art. 5.3 introduces the obligation on the IO of notifying the host State before the creation of a mission; communication of entrance and exit of representatives and delegations, also, on composition and premises, etc. and changes (art. 47); b) Credentials of chief of mission, or chief of delegation and other delegates: they may be issued by the Head of State, by Head of government, by the Minister for Foreign Affairs. Also: if permitted by the rules of the conference or the IO, by any other competent authority of the sending State (arts. 10 and 44); c) Composition of delegations: diplomatic personnel (distinction between chief of delegation, delegates and diplomatic personnel art. 45).  1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character Content d) Precedence of mission and delegations: same criteria as in the 1969 Convention, alphabetical order of the names of the States in the language used by the IO (arts. 17 to 49). e) Rights and obligations of the sending State and Host State: won’t be affected by the non-recognition by one of them of the other or of its government, neither by the existence or inexistence of diplomatic relations (art. 82). f) Status: art. 60.4, art. 63. Differences with 1961, 1963 and 1969 Conventions. g) Article 74: difference with 1961 and 1963 Conventions on nationality acquisition. Not laid down in optional protocols. h) Dispute settlement: in the Convention, arts 84 and 85. Consultations, then conciliation.  Diplomacy and International Protocol Lesson 4 – The Conventions on Diplomatic Law Professor: Lucía Álvarez Albarenga Area of Public International Law University of Vigo What are the Conventions on Diplomatic Law? 1. 1961 Vienna Convention on Diplomatic Relations 2. 1963 Vienna Convention on Consular Relations 3.1969 New York Convention on Special Missions 4.1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character and the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents  1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents Adopted in New York by the UN General Assembly, open for signatures Dec 14th 1973, in force since Feb 20th 1997 (Spain accessed August 8th 1985. BOE Feb 7th 1986. ✓ QUICK FACTS This Convention is not purely recognized as being part of the codification of diplomatic law. Resolution 3166 (XXVIII) General Assembly, adoption of the Convention: general mention to international law, no mention of Vienna Conventions or 1969 New York convention, as it happens with all the treaties considered as part of the codification of diplomatic law. It is not included in the 1975 Preamble to the Convention. 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents Content: Scope of application. Ratione personae. Applicable to diplomatic agents and other personnel enjoying international protection: central bodies for foreign relations (diplomatic activity), consular personnel (their regulation is part of diplomatic codification: 1963 Convention); Also, to other representatives, staff or agents of a state or inter- governmental organization not purely carrying out diplomatic or consular functions.  1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents In any case… This Convention is complementary to the diplomatic conventions, even to the 1975 Vienna Convention. This is the practical mean to enforce the concepts of inviolability and special protection of the diplomatic conventions.  Diplomacy and International Protocol Lesson 5 – The bilateral diplomacy (I) Functions Professor: Lucía Álvarez Albarenga Area of Public International Law University of Vigo What is bilateral diplomacy? ✓ Bilateral relations refer to the establishment of permanent diplomatic relations between two states based on mutual consent, outlining procedures for official representation, protection of interests, and diplomatic privileges as defined by the 1961 Vienna Convention on Diplomatic Relations. ✓ The basic contents of the 1961 Vienna Convention can be summarized in four topics related to bilateral diplomatic relations: (1) the procedures for the establishment of permanent diplomatic relations between states based on mutual consent, and the required conditions for their unilateral reprieve or severance; (2) the identification of official representation and the promotion of friendly relations and international cooperation as the basic functions of permanent missions; (3) the protection of the legitimate interests of the sending state, and those of its nationals; (4) the inviolability of the mission’s premises, assets, or communications as well as the personal inviolability and jurisdictional immunity of diplomatic agents, as the functional privileges required by diplomatic missions. Furthermore, as a clear expression of fear of foreign interference in domestic affairs, the Convention also detailed the duties which missions must observe toward the receiving state.  Diplomatic mission: functions Article 3 1961 Vienna Convention on Diplomatic Relations 1.The functions of a diplomatic mission consist, inter alia, in: (a) Representing the sending State in the receiving State; (b) Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law; (c) Negotiating with the Government of the receiving State; (d) Ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State; (e) Promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations. 2.Nothing in the present Convention shall be construed as preventing the performance of consular functions by a diplomatic mission. Diplomatic mission: functions Diplomatic function is national or international? Diplomatic missions and agents are national or international bodies? There’s something called the “public international function”, whose existence cannot be denied since, at least, the emergence of international organizations and multiplicity of international actors today. Although there has been an incredible development of international institutions in the last few decades, the international community today is still a relational society, instead of one of integration. In this landscape, the diplomatic function has been an international one but developed upon the interests of the subjects carrying it out. The scope of the concept of “public international function” is wide enough to be limited to represent just the modern international administration (administrative structure of international organizations, their activities and personnel).  Diplomatic mission: functions Diplomatic missions: They are integrated in the domestic administration of a subject of international law and their purpose is fulfilling the foreign action of this subject, by means of effective representation (iure imperii). Also, diplomatic missions do fulfill a “public international function”, since the diplomatic function is international itself: diplomatic missions may also be considered “bodies” of the international society and, lato sensu, “international bodies”. Likewise, diplomatic agents, whose mission is to fulfill the diplomatic function, while they are civil servants to the subject of international law, lato sensu, they can also be considered international civil servants in the non-institutional scope of the international society. Diplomatic mission: functions Diplomatic missions: Art. 3 VC 1961: first codification of the basic functions of the diplomatic mission. This is not an exhaustive clause. In Spain, art. 42.4 of “Ley 2/2014 de la Acción Exterior y del Servicio Exterior del Estado”: “42.2. Las Representaciones Permanentes representan con este carácter a España ante la Unión Europea o una Organización Internacional. Tendrán el carácter de Representaciones de Observación cuando España no fuera parte de la organización ante la que se acreditan”  Diplomatic mission: functions FUNCTIONS 1. Representation. Apart from being a function, it is also a requirement for the existence of diplomatic activities; without international legal personality and due representation of the subject acting iure imperii, there is no diplomacy at all. 2. Diplomatic protection. This is not an elementary function as representation, negotiation, information. This function is not exclusive to diplomacy, international protection can be undertaken by other means. However, when talking about diplomatic protection, this is usually developed just by permanent missions. 3. Negotiation. A characteristic of diplomacy, since it is a mean for diplomacy. This is the method for diplomacy: all diplomatic action is undertaken through negotiation. 4. Observation. 5. Information. There is a duty of information on activities on the diplomatic mission, as well as over the current situation of the receiving State when this could potentially affect bilateral relations, but also on the thoughts of the receiving State on international events. 6. Enhancement of foreign relations. This is a mean to serve the general interest of peace, the very reason of diplomacy. Functions: representation REPRESENTATION It is undertaken in the name of the subject of international law as a whole: the diplomatic body represents the State altogether, and not just the Head of the State or the executive power. Ius legationis: unless in very few exceptions, there are not diplomatic relations, neither diplomatic mission, outside entities with international legal personality. The international legal personality is granted to the State “as a whole”. State powers individually (legislative, judicial and executive), powers or bodies are not granted international legal personality individually.  Functions: representation REPRESENTATION What are the bodies entitled to represent the State diplomatically? We can distinguish “central bodies” and “external bodies”. Central bodies: they have a prominent role in the making, decision and direction of State politics and, more specifically, in foreign policy. They are usually unipersonal bodies and the titularity of representation falls upon the authority in office. “Diplomatic bodies lato sensu”. External bodies: these are the diplomatic missions sent abroad by States, permanently or temporarily, to develop activities of a general or of a particular character, before other States or subjects, in bodies of international organizations or in a diplomatic conference; they usually are of a plural character, in terms of number of people integrated in them. There are the “diplomatic bodies strictu sensu”. Functions: representation Central bodies or external bodies?  Functions: representation External bodies: the diplomatic mission Definition of external body: all diplomatic missions whereby different kinds of diplomatic practices are carried out, excluding “direct diplomacy”. In this category: permanent missions in foreign States or before other subjects of international law (permanent diplomacy) and special missions, such as delegations to diplomatic conferences or delegations before international organizations (ad hoc diplomacy). Permanent diplomacy: exclusively carried out through permanent missions with no expiration term. It can only take place in bilateral relations. Exceptions: UNSC and COREPER. In this category, also permanent missions before international organizations (permanent representations). Functions: representation The diplomatic mission: characteristics a) Entitled in a “general sense”: diplomatic agents of permanent missions can represent the State fully in all matters relating to the bilateral relations with the receiving State. Diplomatic agents can only act before entitled bodies for foreign relations of the receiving State; if they want to interact with other bodies, they will have to ask for specific entitlement. b) Start of representation: in the receiving/host State or International organizations, since the full deployment of the mission in the receiving State (physical presence); and after the presentation of letters of credence, copies of style, etc. Art. 13 1961 VC. c) General character of representation: art. 7.2 1969 VC on the Laws of the Treaties.  Functions: representation The diplomatic mission: characteristics a) Entitled in a “general sense”: diplomatic agents of permanent missions can represent the State fully in all matters relating to the bilateral relations with the receiving State. Diplomatic agents can only act before entitled bodies for foreign relations of the receiving State; if they want to interact with other bodies, they will have to ask for specific entitlement. b) Start of representation: in the receiving/host State or International organizations, since the full deployment of the mission in the receiving State (physical presence); and after the presentation of letters of credence, copies of style, etc. Art. 13 1961 VC. c) General character of representation: art. 7.2 1969 VC on the Laws of the Treaties.  Diplomacy and International Protocol Lesson 5 – The bilateral diplomacy (II) Establishment of diplomatic missions Professor: Lucía Álvarez Albarenga Area of Public International Law University of Vigo The establishment of diplomatic missions ✓ Permanent character. ✓ Especially through the “resident mission”, but also through “multiple accreditation” in case of missions in a third State. REQUIREMENTS Mutual consent. Art. 2 1961 VC. Reciprocal agreement. Location. In the capital of the receiving State or in the city where the government is based. Art. 12 1961 VC. Exceptions: governments in exile, creation of new capital city, recognition of new capital city, occupation of the capital city in wartime, etc. Offices of the mission can be opened in other cities of the receiving State upon agreement (art. 12 1961 VC). These will never have the consideration of “see of the mission”. Premises. In property of the sending State or rented. This does not compromise the status of the mission.  The transformation of the diplomatic mission ✓ Changes in category will be only applicable in crisis situations. Categories are given depending on the types of issues they are allowed to deal with in resentment of relations; for instance, downgrade to only business negotiations. Chargé d’ affairs ad interim: arts. 5.2 and 19 1961 VC on Diplomatic Relations https://www.youtube.com/shorts/u90dbTKSlpk?feature=share https://www.youtube.com/watch?v=eCY2pbne3eU The suspension of the diplomatic mission ✓ This situation takes place when a sending State recalls its diplomatic agents with no intention of accrediting others in substitution. In this case, in the mission will only remain deployed administrative and technical personnel. Effects: Suspension of representation. This is not the same as severance of relations. Reasons for suspension: a) For factual reasons. Ie. Exile of government, occupation of territory. Very common in IIWW, and it took place during the Iraqi occupation of Kuwait in 1990. b) For political reasons. Consequence of crisis in relations with the receiving State. It is a reactive measure.  The suspension of the diplomatic mission ✓ Ways to resume activities and end suspension: it is not necessary another agreement, since relations weren’t broken. No need for new accreditations if the same members return to the mission. However, in practice, unless suspension is very short, new credentials will be presented again. ✓ When suspension is lengthy, it will usually bring about rupture of relations and a new bilateral agreement and subsequent accreditation will have to be endorsed by the parties to re-establish suspended missions. This rupture of relations does not have to be explicit to take place. Extinction of the mission This is the definitive closure of the mission, but it does not always bring about or is due to a rupture of relations. a) Suppression. - Closure and withdrawal of the mission from the receiving State without automatic rupture of relations. - The sending State may continue relations with the receiving State by means of multiple accreditation or international representation. - Suppression will usually occur due to economic or budget reasons because there is not a significant interest in relations with the receiving State. b) Non-recognition of governments. Issues of legitimacy. Non-recognition does not automatically mean rupture of relations.  Extinction of the mission c) End of the international legal personality of one of the States. In case of absorption by another State, constitution of a new State by integration or separation. Also, protected States or Federations. d) Severance of diplomatic relations. This is the gravest cause of extinction and the most frequent. Usually because of a serious breach of diplomatic law obligations by one of the States involved, a breach of international law obligations or a situation of grave political crisis among the States. ✓ It is a unilateral action and discretional. Although, it can also be the result of the agreement by a group of States by reason of affinity, by the resolution of an international organization in the scope of a collective action (ie. UNSC resolution acting according to Chapter VII of the UN Charter, art. 41. Resolution 39 (I), Dec 12th 1946, against Spain in condemnation for the dictatorial regime of General Franco). ✓ It can be also used as a mean of political pressure to force State recognition. ✓ War is not a reason to break diplomatic relations today. Ie. Iran-Iraq War 1980-1988. Formal declarations of war are illegal since the use of force is forbidden. Because of this, formal ruptures deriving from formal declarations of war are not common.  Diplomacy and International Protocol Lesson 5 – The bilateral diplomacy (III) Nomination and accreditation of the members of the diplomatic mission Professor: Lucía Álvarez Albarenga Area of Public International Law University of Vigo The nomination and accreditation of the diplomatic members of the mission 1961 Vienna Convention on Diplomatic Relations Article 7 Subject to the provisions of articles 5, 8, 9 and 11, the sending State may freely appoint the members of the staff of the mission. In the case of military, naval or air attachés, the receiving State may require their names to be submitted beforehand, for its approval. Article 8 1.Members of the diplomatic staff of the mission should in principle be of the nationality of the sending State. 2.Members of the diplomatic staff of the mission may not be appointed from among persons having the nationality of the receiving State, except with the consent of that State which may be withdrawn at any time. 3.The receiving State may reserve the same right with regard to nationals of a third State who are not also nationals of the sending State.  The nomination and accreditation of the diplomatic members of the mission 1961 Vienna Convention on Diplomatic Relations Article 10 1.The Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, shall be notified of: (a) The appointment of members of the mission, their arrival and their final departure or the termination of their functions with the mission; (b) The arrival and final departure of a person belonging to the family of a member of the mission and, where appropriate, the fact that a person becomes or ceases to be a member of the family of a member of the mission; (c) The arrival and final departure of private servants in the employ of persons referred to in subparagraph (a) of this paragraph and, where appropriate, the fact that they are leaving the employ of such persons; (d) The engagement and discharge of persons resident in the receiving State as members of the mission or private servants entitled to privileges and immunities. 2.Where possible, prior notification of arrival and final departure shall also be given. The nomination and accreditation of the diplomatic members of the mission 1961 Vienna Convention on Diplomatic Relations Article 11 1.In the absence of specific agreement as to the size of the mission, the receiving State may require that the size of a mission be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the receiving State and to the needs of the particular mission. 2.The receiving State may equally, within similar bounds and on a non- discriminatory basis, refuse to accept officials of a particular category.  The head of mission ✓ Arts. 14 and 15 1961 VC. This is the top representative of the sending State and responsible for the activity of the mission. a) Classes. Heads of permanent missions can be classified as follows: - 1st class: ambassadors, nuncio (Holy See), high commissioners (Commonwealth), high representatives (French community), head of permanent mission accredited with ambassador rank (IOs). - 2nd class: without practical application today. Envoys and ministers, internuncios (art. 14 1961 VC; they were abolished by John Paul II). - 3rd class: heads of business. Classes do not bring about different levels of representation by the head of mission. Thus, belonging to a class today is only relevant to ceremonies, precedence or protocol in general. Today, all missions sent abroad are first class and class degradation will only be due to crisis situations. The placet ✓ Arts. 4, 7 1961 VC. Defintion: consent requested by the sending State to the receiving State before proceeding to the accreditation of, especially, the head of the mission. Placet is also requested for the defense officer and military officials attachés to the mission, but not for the rest of the diplomatic personnel. Placet is not applicable to the head of the representation of the permanent mission of the member States in the IOs. 1961 VC elevated this practice into a legal norm and today is requested to appoint the head of mission. Without the okay of the receiving State, this will most likely declare the agent as persona non grata. The answer is not subjected to term. However, delays in the response can be deemed an action against good faith and enmity. Motivation is not required in denial of placet.  Instruments for accreditation ✓ When placet has been obtained, the sending State must accredit the head of mission and personnel. ✓ For head of mission (1st and 2nd class) the instrument is usually called letter of credentials. But there are other examples, as the Commonwealth’s commission letter or, more generally, the letters of representation. ✓ For 3rd class head of mission, the instrument is called cabinet letter. Instruments for accreditation: letter of credentials ✓ Solemn document; ✓ addressed to the head of the State of the receiving State and sent by its counterpart in the sending State. ✓ It is signed by the head of the State but endorsed by the political authority of the sending State (usually, the minister for foreign affairs). CONTENT Communication of the appointment Accreditation of the head of mission as the beneficiary, with indication of his or her name and the particularities of the position. It is requested that the head of mission is treated as part of the government of the sending State, as well as he/she is treated with favor, matching the category of his/her representation. Vows follow on wishing his/her mandate is useful to strengthen relations, the personal venture of the receiving authority and the prosperity of the receiving State.  Instruments for accreditation: copies of style ✓ Copy of the letter of credentials. Once the arrival of the head of mission has been notified to the ministry for foreign relations of the receiving State, copies of style are handed over to the ministry. Later, in a date and time scheduled, the head of mission will personally present the letters of credentials to the head of the receiving State in a solemn ceremony called: the presentation of letters of credentials. Instruments for accreditation: presentation of the letters of credentials ✓ Reception of heads of mission: art. 18 1961 VC. The presentation of copies of style and letters of credentials are not just simple acts of protocol: with this presentation the mandate is started and it determines the precedence among heads of mission. The criteria on precedence and reception of credentials will be set by the receiving State. Article 18 The procedure to be observed in each State for the reception of heads of mission shall be uniform in respect of each class.  Instruments for accreditation: international organizations ✓ Credentials are addressed to the secretary general or director general of the organization. ✓ In the EU, no formal accreditation: it is enough to indicate the appointments with note they have been accredited by the government of the member State. Start of diplomatic functions ✓ Arts. 13 and 16 1961 VC. Article 13 1.The head of the mission is considered as having taken up his functions in the receiving State either when he has presented his credentials or when he has notified his arrival and a true copy of his credentials has been presented to the Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, in accordance with the practice prevailing in the receiving State which shall be applied in a uniform manner. 2.The order of presentation of credentials or of a true copy thereof will be determined by the date and time of the arrival of the head of the mission. Article 16 1.Heads of mission shall take precedence in their respective classes in the order of the date and time of taking up their functions in accordance with article 13. 2.Alterations in the credentials of a head of mission not involving any change of class shall not affect his precedence. 3.This article is without prejudice to any practice accepted by the receiving State regarding the precedence of the representative of the Holy See.  Spain: procedure of appointment and accreditation ✓ In Spain, designation of ambassadors is done by Royal Decree and appointments can be made from candidates in and out the diplomatic body. ✓ The appointment is proposed by the minister for foreign affairs, and it will be approved by the Council of ministers. ✓ Ambassadors are accredited by the King, who signs the letters of credentials. ✓ Head of business are accredited directly by the minister for foreign affairs, who signs the cabinet letters. Spain: procedure of appointment and accreditation ✓ The head of mission represents Spain, and he/she is the top State authority before the receiving State. Representation encompasses the whole of the State’s administration. The head of mission depends of the ministry for foreign affairs. ✓ Art. 44 Ley de la Acción y del Servicio Exterior del Estado: In the exercise of his/her functions, the head of mission must direct the activity of the mission and coordinate the foreign action and the foreign service of the State, all according to the principle of unity of foreign action, boost and coordinate the activity of all units within the mission, informing the members of the mission about the issues relative to their functions and receiving from them the information of their activities.  Spain: procedure of appointment and accreditation ✓ The head of mission represents Spain, and he/she is the top State authority before the receiving State. Representation encompasses the whole of the State’s administration. The head of mission depends of the ministry for foreign affairs. ✓ Art. 44 Ley de la Acción y del Servicio Exterior del Estado: In the exercise of his/her functions, the head of mission must direct the activity of the mission and coordinate the foreign action and the foreign service of the State, all according to the principle of unity of foreign action, boost and coordinate the activity of all units within the mission, informing the members of the mission about the issues relative to their functions and receiving from them the information of their activities. ✓ Diplomatic agents are appointed by “simple” procedures, this is, according to domestic law. They are accredited by the ministry for foreign affairs, the do not have to request placet, and they will be given the ID card for diplomats by the receiving State. Their functions begin as soon as the receiving State has gotten the accreditation instrument. End of functions ✓ Arts. 43 and 9 1961 VC. By decision of the sending State. When the head of mission is recalled, it will have to present the head of the receiving State the letter of cessation or the letter of recall. This will be done in private audience. If the head of the receiving State considers that the head of mission has done a good mandate, he/she will give the head of mission who’s been ceased or recall the letters of re-credentials, which are addressed to the head of the sending State and aimed to communicate the how pleased the receiving State was with the work of the head of mission. a) The head of mission will have to say goodbye to the minister for foreign affairs of the receiving State or another competent authority. b) If the cessation is about another member of the mission, it won’t be necessary the issuance of letters of cessation, just a notification to the ministry for foreign affairs. If the ceased person is a diplomatic agent, this one must pay a visit to the ministry for foreign affairs to say farewell. By decision of the receiving State. Persona non grata. In case of severance of relations and persona non grata, there won’t be letters of cessation, just a notification with the date of departure. By personal decision of the member of the mission. By natural causes.