It will be shown that Cold War tensions created the necessary momentum for it to be prioritised in the International Law Commission (ILC) and that procedural rather than substantive issues were the reason for the separate codification of diplomatic and consular relations. Thus, the original contribution to knowledge of this research is the description of the political aspects of the codification process in general, and the explanation of the British contribution to it in particular. Despite its importance, no complete commentary had been written on the political aspects of the codification process until now. Since then the VCDR has become a cornerstone of diplomatic law. In case of controversy, weight should be given to the opinion of the sending State, although the authority to make a decision lies ultimately with the court of the receiving State.ΔΆ011 was the fiftieth anniversary of the negotiation, at the height of the cold war, of the 1961 Vienna Convention on Diplomatic Relations (VCDR). ![]() More specifically, it is argued that each formula must be understood in the light of the rationale behind immunity, the type of immunity concerned, and the specific functions or duties performed. On a general level, it is submitted that diplomatic immunity ratione materiae for certain types of activity constitutes not only a procedural bar to court proceedings but also a substantive exemption of individual responsibility. This thesis examines these formulas in detail. The Vienna Convention does not offer much guidance on these issues on the contrary, the Convention complicates them by employing, without adequate explanation, distinct formulas for different kinds of diplomatic immunity ratione materiae. In case of disagreement between the two States, questions may also arise as to who has the authority to make a final determination. For one, it is not always easy to distinguish the official acts of a diplomatic agent, who represents the sending State in the receiving State, from his or her private acts. ![]() Unlike diplomatic immunity ratione personae, which pertains to the personal status of a diplomatic agent, diplomatic immunity ratione materiae depends in essence on the official nature of a particular act In practice, however, the determination of diplomatic immunity ratione materiae may meet with many conceptual and practical difficulties. This thesis investigates a particular form of diplomatic immunity - diplomatic immunity ratione materiae. Rules of diplomatic immunity, which nowadays are enshrined in the Vienna Convention on Diplomatic Relations, play an important role in interstate diplomacy because they ensure the efficient performance of diplomatic functions.
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