B2855 - Diplomatic and Consular Law

Learning outcomes

The course on Diplomatic and Consular Law aims to provide students with a solid basis for understanding the functioning of diplomatic and consular relations and the role played by diplomatic and consular agents in the current global context. The course will provide the necessary tools to recognise the most important issues in the discipline, also stimulating the student to formulate adequate solutions to the relevant normative and jurisprudential problems. In order to represent the importance of diplomacy in the current global context, the course will include an experimental module. The Diplomacy Lab will accompany students in the interpretation of diplomacy applied to contemporary international reality, enabling them to move concretely in the various thematic areas of diplomacy itself (diplomatic ceremonial, multilateral diplomacy, diplomacy and development cooperation, cultural diplomacy and soft power, economic diplomacy, diplomacy and trade, environmental diplomacy, energy diplomacy, digital diplomacy). The experimental module will consist of in-depth studies aimed at increasing students' problem-solving skills, in particular through case studies to be developed in class and practical simulations of negotiations. Students will also be asked to analyse the concrete unfolding of diplomatic dynamics in specific areas, i.e. South America and MENA. The geographical approach will be accompanied by the participation of professors and experts from the aforementioned areas. At the end of the course, students will be able to understand and make appropriate use of the sources of diplomatic and consular law. They will also be able to examine their interaction with other relevant rules of international and European Union law in a timely and critical manner. They will have full awareness and knowledge of the relevant international jurisprudence. In addition, thanks to the experimental module, students will have gained the practical ability to navigate in today's world of 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 assiduous 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, 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