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

Breach of Relations and Protection of Interests

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: 17 October 2019

Subject(s):
Diplomatic immunity — Diplomatic missions — Diplomatic relations — Right to property — Armed conflict

This chapter examines Articles 45 and 46 of the Vienna Convention on Diplomatic Relations. According to the Article 45 which deals with the breach of relations between States, if diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled: (a) the receiving State must, even in case of armed conflict, respect and protect the premises of the mission, together with its property and archives; (b) the sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to the receiving State; (c) the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State. On the other hand, Article 46 which deals with the State’s protection of interests, states that with the prior consent of a receiving State, and at the request of a third State not represented in the receiving State, a sending State may undertake the temporary protection of the interests of the third State and of its nationals.

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