Kai Bruns - A Cornerstone of Modern Diplomacy: Britain and the Negotiation of the 1961 Vienna Convention on Diplomatic Relations

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A Cornerstone of Modern Diplomacy

About the Series

Key Studies in Diplomacy is an innovative series of books on the procedures and processes of diplomacy, focusing on the interaction between states through their accredited representatives, that is, diplomats.

Thus its volumes focus on factors affecting foreign policy, and the ways in which it is implemented, through the apparatus of diplomacy the diplomatic system in both bilateral and multilateral contexts. But they also examine how the diplomats are sometimes able to shape not just the presentation but even the substance of their states foreign policies. Given that the diplomatic system is worldwide, all the series volumes, whatever their individual focuses, contribute to an understanding of the nature of diplomacy. They do so authoritatively in that they are written by scholars specializing in diplomacy and by former diplomats and comprehensibly. They emphasize the actual practice of diplomacy and analyse that practice in a clear and accessible manner, hence making them essential primary reading for both beginning practitioners and advanced-level university students.

Series Editors

J. Simon Rofe and Giles Scott-Smith

Lorna Lloyd (Editor Emeritus)

Other Titles in the Series

21st Century Diplomacy by Kishan S. Rana

David Bruce and Diplomatic Practice by John W. Young

Embassies in Armed Conflict by G. R. Berridge

A Cornerstone of Modern Diplomacy

Britain and the Negotiation of the 1961 Vienna Convention on Diplomatic Relations

Kai Bruns

To Freya

Contents

Figures

Tables

My interest in the Negotiation of the 1961 Vienna Convention on Diplomatic Relations was stimulated by Dr Lorna Lloyd. I owe her a great intellectual debt. She provided invaluable advice, commented thoughtfully on the draft chapters and shared her academic expertise and editorial experience throughout all stages of the writing process.

The writing of this book has been almost entirely done during my PhD research at Keele University. I am grateful to the university, which extended funding for my PhD research and, thus, enabled this project in the first place. Also, I am particularly appreciative to Dr Helen Parr, Professor John Young, Professor Blent Gkay, Professor Alan James and Professor David Long for their enriching ideas and comments at different stages of research. Thanks remain also due to Bloomsburys editorial team, particularly Matthew Kopel and Kaitlin Fontana.

I want to thank Michael Martens and Andreas Heye for their invaluable assistance and encouragement. Moreover, I would like to express a huge thank you to Daniel Bosley and Casey Casler, who turned a multitude of my German-soaked English sentences into nice and neat English. Any that remain are, of course, my own responsibility.

My greatest appreciation goes to my wife, Freya, for her support, love and tolerance during the writing of this book.

Kai Bruns

Dubai

December 2013

AJIL	American Journal of International Law
ASA	Austrian State Archive, Vienna
BCE	Board of Customs and Excise
BIR	Board of Inland Revenue
BoT	Board of Trade
BYIL	British Year Book of International Law
CRO	Commonwealth Relations Office
DEA	Department of External Affairs
DO	Dominions Office
DUS	Deputy under-secretary
FAO	Food and Agriculture Organization of the United Nations
FCO	Foreign and Commonwealth Office
FO	Foreign Office
FRG	Federal Republic of Germany
GPO	General Post Office
Great powers	The five permanent members of the United Nations Security Council
HC	High Commissioner
HCO	High Commissioners Offices
HMG	Her Majestys Government
ICJ	International Court of Justice
IIL	Institute of International Law
ILC	International Law Commission
ILC draft	The International Law Commissions draft Articles on Diplomatic Intercourse and Immunities, adopted at its tenth session, 28 April4 July 1958
ILO	International Labour Organization
INA	Irish National Archives, Dublin
LCO	Lord Chancellors Office
MPNI	Ministry of Pensions and National Insurance
NAC	National Archives of Canada, Ottawa
PUS	Permanent under-secretary
Set of provisional drafts	Provisional draft Articles on Diplomatic Intercourse and Immuni-ties, adopted by the International Law Commission at its ninth session, 23 April28 June 1957
Sixth Committee	The Sixth (Legal) Committee of the United Nations
T	Treasury
TNA	The National Archives: Public Records Office, Kew
TPA	The Political Archive, Berlin
UAR	United Arabic Republic
UK	United Kingdom
UN	United Nations
UNCDII	United Nations Conference on Diplomatic Intercourse and Immunities
UNESCO	United Nations Educational, Scientific and Cultural Organization
UNGA	United Nations General Assembly
USA	United States of America
USSR	Soviet Union
VCDR	Vienna Convention on Diplomatic Relations, 1961
Vienna Conference	United Nations Conference on Diplomatic Intercourse and Immunities, 1961
Vienna Convention	Vienna Convention on Diplomatic Relations, 1961
YBUN	Yearbook of the United Nations
YILC	Yearbook of the International Law Commission

The Vienna Convention on Diplomatic Relations (subsequently referred to as the VCDR or Vienna Convention) deals with one of the oldest subjects in the field of international law: diplomatic privileges and immunities. Some of its fundamental aspects, for example, those regarding precedence and classes of heads of mission, received their first codified form in 1815 at the Congress of Vienna while others have grown and evolved over centuries as part of international customary law. Although the Vienna Convention could never perfect the practice of diplomatic relations, politicians and diplomats alike had high hopes that the Vienna Convention could help avoid friction via the codification of established rules, and the clarification of those aspects of law where universal practice had yet to be established. When, in 1964, the British House of Commons gave a second reading to the Diplomatic Privileges Bill, Robert Mathew, the Under-Secretary of State for Foreign Affairs, anticipated that:

There is now every prospect that the Convention will achieve universal acceptance by the nations of the world. Her Majestys Government ha[s] consistently supported the work of the United Nations in the sphere of international law, and we are now glad to be able to welcome this Convention as one of its most valuable contributions to the development of the international rule of law.

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