Professional or Commercial Activity by Diplomat
Professor Eileen Denza
- Diplomatic immunity — Immunity from jurisdiction, states — Immunity from jurisdiction, taxation of foreign state property
A diplomatic agent shall not in the receiving State practise for personal profit any professional or commercial activity. Unlike the four duties of a diplomatic agent which are set out in Article 41, the duty to abstain from professional and commercial activities was not established before the Vienna Convention as a rule of customary international law. It was at least from the nineteenth century onwards regarded as somewhat improper and incompatible with his status for a diplomat to engage in trading in the receiving State. In the case of Taylor v Best1 Jervis CJ...