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Diplomatic Law - Commentary on the Vienna Convention on Diplomatic Relations, 4th Edition by Denza, Eileen (14th January 2016)

Professional or Commercial Activity by Diplomat

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, 2015. All Rights Reserved.date: 22 September 2019

Subject(s):
Diplomatic immunity — Diplomatic missions — Diplomatic relations — Immunity from jurisdiction

This chapter examines Article 42 of the Vienna Convention on Diplomatic Relations which specifies the professional or commercial activity done by a diplomat. Article 42 states that a diplomatic agent shall not practise for personal profit any professional or commercial activity in the receiving State. The basis of the Article comes from the notion that it would give the sending State assurance that its diplomatic agents abroad would limit their activities to their official duties. It would assist the receiving State by eliminating difficult problems, and would enhance the dignity of the diplomatic corps accredited to its government. Lastly, it would serve to protect diplomatic agents from any suggestion that they might be using the prestige of their office to further their outside interests. In addition, the chapter also describes the relationship between Article 42 and Articles 31.1 (c) which deals with immunity and 34 (d) which tackles taxes on private income.

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