B2855 - Diplomatic and Consular Law

Learning outcomes

The course on International and European Diplomatic-Consular Law is designed to providestudents with a comprehensive understanding of how diplomatic and consular relations function, as well as the roles played by diplomatic and consular agents in today’s global context. This course will equip students with essential tools to identify key issues in the field and encourage them to develop suitable solutions to regulatory and legal challenges.To emphasize the significance of diplomacy in the contemporary world, the course includes an experimental module known as the Diplomacy Lab. This module will help students interpret diplomacy as it relates to current international realities, allowing them to actively engage in various aspects of diplomacy, including diplomatic protocol, multilateral diplomacy, development cooperation, cultural diplomacy and soft power, economic diplomacy, trade diplomacy, environmental diplomacy, energy diplomacy, and digital diplomacy. The experimental module will feature in-depth studies aimed at enhancing students' problem-solving skills, particularly through case studies and practical negotiation simulations conducted in class. Additionally, students will analyze the application of diplomatic practices in specific regions, such as South America and the MENA area (Middle East and North Africa), with insights provided by professors and experts from these regions. By the end of the course, students will be proficient in understanding and applying the sources of diplomatic and consular law. They will also be prepared to critically assess how these laws interact with other relevant norms in international law and European Union law. Students will gain a thorough understanding of international jurisprudence in this area and will have developed the practical skills necessary to navigate the complexities of modern diplomacy.

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