B2855 - Diplomatic and Consular Law

Course contents

The course will cover the following topics:

1. The diplomatic and consular function: from its historical origins to its role in the contemporary world. The Ministry of Foreign Affairs.

2. The sources of diplomatic law: the Vienna Convention on Diplomatic Relations of 1961 and other sources. The role of international practice and jurisprudence.

3. Diplomatic missions. Permanent missions and special missions. A practical case: the relocation of the US embassy in Israel from Tel Aviv to Jerusalem.

4. The accreditation of diplomats. The relationship with the host state. The diplomatic corps. Access to the diplomatic career.

5. Diplomatic functions and their limits. The prohibition of interference in the internal affairs of the receiving State.

6. The diplomatic function of the European Union: the EEAS. The diplomatic-consular protection of the citizens of the European Union in the territory of third countries.

7. Consular law. Historical origins and sources. Career consuls and honorary consuls. Consular functions. The cases La Grand and Jadav.

8. Immunities of diplomatic and consular personnel: personal immunities. The immunity of international civil servants: the Bernadotte case.

9. Seminar: Diplomatic protection of individuals and legal persons. The Barcelona Traction and Elettronica sicula cases. The Nottebohm case. The protection of non-citizens. The 2006 draft Articles.

10. Seminar: The inviolability of the seat. The host state's duty of protection: the Tehran hostages case (1979).

11. Seminar: The so-called ‘diplomatic asylum’: from the Haya de la Torre case to the Assange case .

12. Seminar: Diplomatic relations and non-State actors. The representation of insurgents and national liberation movements. Governments in exile and national committees abroad.

13. Seminar: Diplomatic relations and armed conflict. The role of diplomacy in preventing conflict and restoring stability. Military diplomacy. The vicissitudes of diplomatic functions during conflicts.

14. Seminar: Diplomatic relations and international organisations. Permanent missions of member States, third States and other entities. Missions of international organisations to member and non-member States.

Students are invited to actively participate in the seminars. Bibliographic and case law materials useful for active participation, which is part of the course and on which part of the final assessment will be based, will be provided from the first lectures.

Readings/Bibliography

Curti Gialdino C., Diritto diplomatico-consolare internazionale ed europeo, Giappichelli, Torino, 7a edizione, 2024 (only the parts corresponding to the course programme, which will be indicated analytically in class).
Materials for seminar preparation will be accessible at Virtuale on the course page.

Teaching methods

The course consists of lectures on the institutional part of the programme and seminars with active student participation on specific topics.

Assessment methods

The course is seminar based and attendance is required. The assessment of learning will consist of a final interview on the course programme and will take into account active participation in the seminars.
For those students who, for objective reasons to be assessed in each specific case, are unable to attend with the necessary diligence, the assessment will consist of a written test on the course programme with reference to the recommended textbook, followed by an oral interview.

Teaching tools

The seminars' materials will be available on Virtuale.

Office hours

See the website of Alessandra Zanobetti

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