Undergraduate Course: Diplomatic Law (LAWS10287)
Course Outline
| School | School of Law |
College | College of Arts, Humanities and Social Sciences |
| Credit level (Normal year taken) | SCQF Level 10 (Year 3 Undergraduate) |
Availability | Not available to visiting students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | "Diplomatic Law" is envisaged as a module which is taught as part of the LLM "Public International Law". This module deals with one of the oldest branches of international law: the law relating to representatives of States (which in the more recent past was expanded to cover representatives of international organisations and of sub-national entities as well). The module will deal with privileges and immunities, but also with questions relating to duties and functions. It will address the law as it applies to permanent diplomats and ad hoc diplomats, but also consular agents. |
| Course description |
This course addresses a highly topical issue in international relations: the law as it applies to diplomatic representatives and diplomatic missions around the world. The topic has retained its relevance in the 21st century, with cases like the granting of asylum in the Ecuadorian embassy to the activist Julian Assange, the Canadian accusations of the involvement of Indian diplomats in a criminal network and the storming of the Mexican embassy in Quito being only some examples where questions of diplomatic law have arisen in recent years. In this course, students offers an in-depth understanding of the various personal and property immunities that apply to diplomatic agents, but also of their duties in the receiving States, of questions of diplomatic asylum, diplomatic communications and the diplomatic bag as well as aspects of consular law and how the position of consuls differs from that of diplomatic agent. It critically examines also legal aspects that are of decisive importance, but frequently omitted in discussions of this kind, such as the coniciding of norms of diplomatic and consular law with other provisions of international law, in particular mandates deriving from human rights treaties.
Ample space will be provided for discussions, helped by specific questions which students will be asked to consider in advance of the seminars. The course provides an opportunity for students to familiarise themselves with the key sources in the field, including the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations, but also with the increasing international and domestic case law in the field and scholarly writings on salient problems in this area. They will be actively encouraged to engage with legal reasoning on the challenging problems that arise in diplomatic law, not least due to the seemingly absolute nature in which aspects of the law are phrased. As such, the course provides not only the opportunity for stimulating research, but also equips engaged students with knowledge valuable for a range of career paths, not least in the diplomatic and consular services of their countries.
Please note that classes for this course will be jointly taught with Masters level students. Although students at both levels will study the same course materials, assessments will be graded according to the relevant benchmark appropriate to the level of study.
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
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Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
Course Delivery Information
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| Academic year 2025/26, Not available to visiting students (SS1)
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Quota: 0 |
| Course Start |
Semester 2 |
Timetable |
Timetable |
| Learning and Teaching activities (Further Info) |
Total Hours:
200
(
Seminar/Tutorial Hours 20,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
176 )
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| Assessment (Further Info) |
Written Exam
0 %,
Coursework
100 %,
Practical Exam
0 %
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| Additional Information (Assessment) |
The assessment for this module takes the form of an essay at the end of the semester. The essay (5,000 words) will be worth 100% of the total marks for the module. A list of essay titles will be provided; students on this module have to choose one of these titles for their essay. |
| Feedback |
There will be a formative assessment, consisting of a short practice essay. Feedback will be provided, but the assessment will not count towards the final mark of the course.
Feedback on the summative essay will be provided individually to each student. |
| No Exam Information |
Learning Outcomes
On completion of this course, the student will be able to:
- accurately assess and critically comment upon the concept and elements of diplomatic law and consular law and their interplay with other norms of international law, eg Human Rights
- identify and critically appraise the role played by consuls and diplomats in international affairs.
- critically evaluate the main theories relating to consular and diplomatic immunity
- demonstrate an appropriate level of research skills in locating and evaluating instruments on diplomatic and consular law, academic opinion and sources on the factual background of these areas.
- solve problems utilising the knowledge gained from the various seminars.
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Reading List
There is no single text which covers the whole breadth of the module. However, reference will frequently be made to the following key texts:
Eileen Denza, Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations, 4th ed (Clarendon Press: Oxford, 2016).
Lee / Quigley, Consular Law and Practice, (3rd edn, 2008)
Roberts, Ivor, Satow's Diplomatic Practice, 8th ed (Oxford 2023)
All of these texts are available in the law library. As new editions become available, requests will be made to the library to acquire these.
Additional reading lists will be published for the individual seminars. They will mainly contain articles which are available on Westlaw International or Hein Online, to which Edinburgh University has access.
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Additional Information
| Graduate Attributes and Skills |
Research and Enquiry
The application of knowledge and analysis to complex questions in the context of diplomatic and consular law
The ability to explain and justify research methods and legal arguments used in that research where appropriate.
Personal and Intellectual Autonomy
Ability to think critically about diplomatic and consular law and its place in global society.
Development of a curiosity for learning and a passion to engage globally and locally.
Skills and abilities in Communication
The ability to present knowledge and arguments in ways that are comprehensible to its intended audience, directed to the concerns of that audience (both orally and in writing)
The ability to read and discuss legal materials which are written in complex language.
The ability to communicate information (including on complex legal materials), ideas, advice and choices in an effective manner.
Personal Effectiveness
Ability to organise and prioritise time and effort effectively in the performance of the student¿s work.
Confidence to make informed decisions based on their knowledge and understanding and their personal and intellectual autonomy, reflecting on their roles as knowledge seekers and producers, and how this is relevant throughout their professional lives.
Understanding of the transmission of knowledge across different boundaries, including languages and cultures. |
| Keywords | diplomatic,consular,international law,immunities,asylum |
Contacts
| Course organiser | Dr Paul Behrens
Tel:
Email: P.Behrens@ed.ac.uk |
Course secretary | Mr Ryan McGuire
Tel: (0131 6)50 2386
Email: Ryan.Mcguire@ed.ac.uk |
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