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Jurisdiction of the Sending State and other Remedies

From: Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations (4th Edition)

Eileen Denza

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2023

Diplomatic immunity — Diplomatic missions — Diplomatic relations — Right to effective remedy

This chapter examines Article 31.4 of the Vienna Convention on Diplomatic Relations which deals with the jurisdiction of the sending State and other remedies. Under Article 31.4, the immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State. Civil proceedings against a diplomat before the courts of the sending State do not usually provide a satisfactory remedy for a claimant in the receiving State. The first difficulty is that of serving process on the diplomat. While he remains at his post this cannot be done by the authorities of the receiving State because of his inviolability (as explained above under Article 29), and other methods of service such as letter or advertisement may not be adequate under the law of the sending State. The second difficulty is that of expense as the plaintiff will bear the costs instituting legal proceedings in a foreign country.

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