Nordic Journal of International Law 79 (2010) 339340 [620815]

Nordic Journal of International Law 79 (2010) 339–340
© Koninklijke Brill NV, Leiden, 2010 DOI 10.1163/157181010X12668401899156 brill.nl/nordNORDIC
JOURNAL
OF
INTERNATIONAL
LA W
Book Review
Eileen Denza, Diplomatic Law: Commentary on the Vienna Convention on
Diplomatic Relations , 3 rd ed. (Oxford: OUP , 2008) ISBN-13: 978-0199216857,
550 pp.
John Quigley and Luke Lee, Consular Law and Practice , 2 nd ed. (Oxford: OUP ,
2008) ISBN-13: 978-0198298519, 680 pp.
Both volumes under review are already established sources of reference. Th e
author of Diplomatic Law has for a long time worked for the British Foreign
Offi ce, which confi rms that the analysis and reasoning in this book is informed
by broad practical insight. Since its fi rst publication in 1976, Denza’s commen-
tary on the 1961 Vienna Convention has been an indispensable source of refer-
ence for all those working in this fi eld. Quigley and Lee’s Consular Law was fi rst
published in 1961, that is, before the Vienna Convention on Consular Relations
was adopted. Th us it seems that this book is now the most comprehensive analy-
sis of consular law ever written in English.
As Denza specifi es, “diplomatic law in a sense constitutes the procedural frame-
work for the construction of international law and international relations”, and it
has been developed accordingly over the course of centuries without the interfer-
ence of an international agreement through practice (Denza, p. 2). Th e Vienna
Convention on Diplomatic Relations (VCDR) has been adopted against this
background as a universal treaty that has embodied wide practical experience and
conferred on it, as it were, a distinct broader legitimacy in the sense of serving as
evidence of the international community’s acceptance of that widespread prac-
tice. At the same time, as was manifested at the Vienna Conference, the clause in
the preamble of VCDR preserving the residual role of customary law is meant not
to stifl e the development of customary law of diplomatic intercourse, as Denza
demonstrates by referring to statements of Switzerland and Israel made at the
Conference (Denza, p. 15).
Commentaries on individual articles of VCDR are interesting and insightful.
For instance, the commentary to Article 1 VCDR illustrates how the notion of
diplomatic agent has been developed both during the Vienna Conference and
through the practice subsequent to the adoption of this Convention. Pursuant to
the Convention’s defi nitions, Denza invokes an interesting example of the expul-
sion from the USA of Saudi “diplomatic agents” whose function was not so much
diplomatic representation through the Saudi embassy as preaching outside it

340 Book Review / Nordic Journal of International Law 79 (2010) 339–340
(Denza, p. 19). Th e commentary to Article 2 is also interesting because it outlines
the post-Cold War practice of the establishment of diplomatic relations between
States, from various parts of the world. Commentary to Article 9 (expulsion on
the grounds of being declared persona non grata ) outlines and analyses widespread
practice of how diplomats have been ordered to leave the territorial State on the
account of their subversive or spying activities. Article 22 (inviolability of diplo-
matic missions) is also covered in terms of the recent practice, such as the
International Court’s Congo-Uganda decision and the targeting of diplomatic
missions by Al Qaeda. Th e commentary to Article 27 examines the means of
diplomatic communication, including the controversial issue of diplomatic bag.
Th e commentary to Article 32 deals with the complex issue of waiver of diplo-
matic immunity. It is hardly possible to comment on the commentary of every
single article. Th e above examples are merely illustrations that Denza’s updated
commentary of VCDR is a very useful source of reference for international
lawyers.
As for Lee and Quigley’s Consular Law and Practice , this book is not strictly
arranged as a commentary. Although it examines all pertinent aspects of interpre-
tation and application of the Vienna Convention on Consular Relations, it does
so in a more typical monograph way. Lee and Quigley examine the history of
consular law from ancient times to our contemporary period, and pay special
attention to how the notion of extra-territoriality has evolved over diff erent stages
of history (chapter 1). Chapter 2 deals with the complex issues of defi nition of
consular status. Chapter 6 examines termination of consular status, in particular
by reference to recognition of governments and extinction of States.
Subsequent chapters of Lee and Quigley’s monograph deal with the consular
protection of nationals, such as dual nationals, consular access or nationals
charged with criminal off ences (chapters 9–12). Th e consuls’ role in terms of
notarial services, marriage and divorce, and inheritance is likewise well-examined
by extensive references to State and treaty practice. Chapters 28–30 deal with the
inviolability of consuls and their functional immunity.
Both books contain broad analysis of State practice, relevant treaty provisions
and national and international judicial decisions, and are properly updated as the
newer editions ought to be. All these factors make both books very useful for all
international lawyers, whether employed in academia, private practice, diplo-
matic service or international organisations.
Alexander Orakhelashvili
Lecturer, Birmingham Law School, UK

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