The conduct of diplomatic relations in the absence of a full diplomatic mission or when diplomatic relations have been severed

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ACCREDITATION BY MORE THAN ONE STATE

THE SIZE OF A MISSION

The size of diplomatic missions may be agreed on a reciprocal basis; alternatively a state may require that the number of members of a mission should be kept within reasonable limits taking into consideration the circumstances and conditions in the host state and the needs of the mission. Within such limits, and provided that the principle of representation by its own nationals is adhered to, a state should be free to appoint whoever it wishes to any of its diplomatic missions. In the case of military, naval and air attachés it is within the discretion of the Ministry of Foreign Affairs to require their names to be submitted in advance, and for approval to be obtained before any appointment is made. A state may also refuse to accept officials of a particular category, provided that the restriction is applied on a non-discriminatory basis to all diplomatic missions in the state.

Two or more states may, in exceptional circumstances, accredit the same person as head of mission to another state, unless objection is raised by the receiving state.

DECLARATION OF ‘PERSONA NON GRATA’ OR ‘NON-ACCEPTABLE’

A state has the right to declare a head of a mission or member of his diplomatic stuff to be unacceptable (persona non grata) and to inform his government accordingly. In this event the diplomat’s functions are terminated and he is (unless a national or permanent resident of the state in which he is serving) recalled. If his government takes no such step, the host state may refuse to recognize him as being a member of the mission. The declaration of persona non grata may be made either before or after the diplomat’s arrival, and no reasons for it have to be given.

Similarly, the members of the administrative and technical staff may be declared non-acceptable.

There are two principal grounds on which a diplomat may be declared persona non grata: those which spring from personal weakness, and result in criminal or antisocial behaviour; and deliberate acts hostile to the security or other interests of the state, carried out under the cloak of diplomatic immunity. A further possible pretext for a diplomat being so declared is as a retaliation against a state that has declared one of its own diplomats to be persona non grata; but although such practice is contrary to the spirit of international relations, it is sadly not infrequent.

No state maintains a diplomatic mission in every capital in the world; most have to be selective, and balance their national interest against the cost involved. The problem of not having full diplomatic representation in a particular state can be resolved in any of four ways:

a) by requesting a government which is represented by a permanent mission in the state concerned to act on its behalf, which it may do with the approval of that state. In these circumstances the head of the permanent mission would normally limit his activities to transmitting messages between the two governments concerned and dealing with consular matters; and if any conflict arose between the interests of his own government and those of the foreign government on whose behalf he was acting, the interests of his own government would prevail;

b) by accrediting one of its heads of mission resident in another state as a non-resident or ‘visiting’ head of mission in the state concerned;

c) by establishing a diplomatic mission headed by a duly accredited non-resident head of mission, but with a Chargés d’Affaires ad interim in charge. In practice, owing to the difficulty encountered by several states in finding adequate senior diplomatic staff for the posts they wish to fill, it is not uncommon for a host state to agree to such a mission being headed by a diplomat of lesser standing;

d) by accrediting a very senior official (e.g. the permanent secretary of the Foreign Ministry) as a non-resident or ‘visiting’ head of mission in a number of states while maintaining his residence in his own capital.

In certain instances diplomatic missions may be withdrawn as a result of mutual agreement between the states concerned, for example on the grounds that changed circumstances have resulted in the missions being unnecessary or uneconomic. Missions may also be withdrawn as a deliberate act of foreign policy, and in the days of straightforward gunboat diplomacy the withdrawal of a mission with the consequent breaking off of diplomatic relations was a logical prelude to war; in practice, the threat of such action by a big power was usually sufficient to convince the smaller power that it was time that in reviewed its foreign policy. Today this manoeuvre is occasionally used, not so much as a threat but as a protest; but as such its effect is limited, and usually disproportionate to the inconvenience that it causes to all concerned.

Even when a mission is withdrawn and diplomatic relations formally broken off, contacts are rarely terminated: the states of the world are to an increasing extent interdependent, and diplomatic relations frequently carry on in varying degrees as before, but (provided the host state has no objection) through the intermediary or ‘good offices’ of a state that is represented by a permanent mission in that country. In some cases only the head of the mission leaves: the remainder of the staff, by agreement with the host state, carry on their political, commercial and cultural activities in their customary premises but (in theory at least) as members of the staff of the ‘protecting’ mission which is looking after the interests of their country. They retain their personal diplomatic privileges and immunity, communicate with their government under privilege in the name of the ‘protecting’ mission, and continue to function normally except that they may not fly their national flag or display their national emblem on their official premises. If they display a flag or emblem it will be that of the ‘protecting’ mission.

Ex 2. Summarize the text. Use the following list of key expressions to guide your thinking:

1. to be selective

2. to be resolved

3. on one’s behalf

4. to transmit messages

5. to prevail

6. to accredit

7. a duly accredited non-resident

8. a diplomat of lesser standing

9. a “visiting” head of mission

10. mutual agreement

11. to be withdrawn

12. terminate

13. the remainder of the staff

14. to retain personal privileges and immunities

15. to display a flag or emblem

Ex.3 Insert the missing words without referring to the text:

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