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Non-Discrimination and Reciprocity

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: 27 September 2023

Diplomatic immunity — Diplomatic missions — Diplomatic relations — Right to non-discrimination — Non-discrimination

This chapter considers Article 47 of the Vienna Convention on Diplomatic Relations which deals with non-discrimination and reciprocity. The Article states that in the application of the provisions of the present Convention, the receiving State shall not discriminate as between States. However, discrimination shall not be regarded as taking place: (a) where the receiving State applies any of the provisions of the present Convention restrictively because of a restrictive application of that provision to its mission in the sending State; (b) where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention. Article 47 lays down a general duty of non-discrimination before setting out circumstances in which discrimination is deemed not to take place. The emphasis is therefore placed on non-discrimination and on the application in each State Party of a uniform regime for diplomatic missions.

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