Book Reviews

Denza, Eileen. Diplomatic Law, A Commentary on the Vienna Convention on Diplomatic Relations ( 2nd ed.). Oxford: Clarendon Press, 1998. Pp. xvii, 436. Index. $170.

Having served for four years as a diplomat in the Arab Gulf countries, it was with great interest that I read Eileen Denza's book, Diplomatic Law, A Commentary on the Vienna Convention on Diplomatic Relations. This volume is a rewritten and updated version of the first edition, published in 1976, and is intended principally as a practitioner's handbook. The book benefits from the author's own practical background as Legal Counselor in the Foreign and Commonwealth Office of the United Kingdom.

As a handbook, the structure of the book is necessarily quite formal and conformist. An extensive introduction gives a general presentation and overview of the Vienna Convention as a universal convention, regulating all essential diplomatic privileges and immunities. In her Introduction, Denza also describes the progressive development of diplomatic law, as well as how the convention regime has changed over time. The Introduction is followed by a commentary on the preamble and each provision of the Convention. Each article or group of articles is placed in the context of the previous customary international law and the negotiating history. Different interpretations are discussed, and different state practice, although mainly related to the United Kingdom and the United States, is described.

In general, I find the book well structured, it is easy to use and has a comprehensive and useful table of cases dealing with the different interpretation and application of the Convention. The Vienna Convention is a comprehensive codification and formulation of the rules of modern diplomatic law and is essential to the efficient performance of the functions of diplomatic missions. Furthermore, the Convention is a valuable point of reference in the development of related areas of international law.

I agree with Denza in her opinion that the Convention has stabilized diplomatic law, and it has proved remarkably resilient to the new challenges of the last decades. Denza identifies and discusses six provisions of the Convention as being significant developments on the previous customary law. The inviolability of the mission premises, free and protected diplomatic communication, and clarification of different diplomatic immunities and privileges are, in my opinion, the most important of these topics.

The whole concept of inviolability of the mission premises has been of much concern and controversy over the years, ranging from the discussion of diplomatic asylum, the problem of planting electronic devises in diplomatic missions, to the obligations of the receiving state to protect missions against intrusion and damage. Violent incidents and mob hostility against diplomatic missions have increased over the last decades, and it may be the most serious problem of today. The book deals extensively with the latest incidents and their legal ramifications. In a diplomat's busy daily life, there is no time for an in-depth analysis of the legal problems of modern diplomacy. However, during my readings I recognized many topics from my active service and the book will be a most welcome tool in my future professional life.

In my opinion, Denza's book will be a useful and comprehensive source of practical guidance for diplomats as well as other practitioners. And I am sure it will be equally appreciated by scholars and students of public international law as a source of reference and learning.

Anders C. Hougaard
Harvard Law School
Royal Danish Embassy Riyadh, 1994-1998

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