Paper given at the WISC-ISA conference in Frankfurt in summer 2014. The presentation deals with the doctrines underlying diplomatic privileges and immunities and the relevance of Article 22 of the 1961 Vienna Convention on Diplomatic Relations (VCDR) on absolute inviolability of mission premises.

2. BUS LANE : EMBASSY CAR PARK 2.O
Diplomatic car parked in bus lane in London

3. DIPLOMATIC CARS IN TIME
CD Red on White: London
1940s
CD Black on White: Berlin 2014

4. DIPLOMATIC LICENSE PLATES IN GERMANY
Diplomat
Embassy
staff
United States
of America
Hierarchy
Source: http://www.kfz-auskunft.de/autokennzeichen/diplomatenkennzeichen.html

5. 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?

6. 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

7. 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

8. REFLECTING ON THEORIES OF DIPLOMATIC
PRIVILEGES AND IMMUNITIES
3 Legal Doctrines:
1. Theory of exterritoriality
2. Representative character theory
3. Functional necessity
Home!

9. ROLE OF THEORY IN CODIFICATION OF VCDR
Theory 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

10. 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,[…]

11. WHY IS DIPLOMATIC PARKING AN ISSUE?
1913: 39 Diplomatic Missions
2013: 163 Diplomatic Missions
1913: 543 Diplomatic Corps
2013: 25,000 Diplomatic Corps
Source: Hansard Files & 2013 London Diplomatic List

12. 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

13. 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 Bruns
American University in the Emirates
Kai.bruns@aue.ae