'Newly independent states

• Art 2(1)(f) of the Convention defines newly independent

states. Example colonized states
• Article 16 laid down the general rule that such states were not bound to maintain in
force or to become a party to any treaty by reason only of the fact that the treaty had
been in force regarding the territory in question at the date of succession
Dissolution of states
• Where an existing state comes to an end as an international person and is replaced
by two or more other states, it is accepted that political treaties will not continue but
that territorially grounded treaties will continue to attach to the territories in question
now subject to new sovereign arrangements.
• Article 34 of the Convention
• Examples would include Colombia in 1829-31;
Norway/Sweden in 1905; the United Arab Republic in 1960; the Mali Federation in
1960; the Federation of Rhodesia and Nyasaland in 19631 and the Czech and Slovak
Federal Republic in 1992.

Succession with respect to matters other than treaties

• Membership of international organizations

• Succession to membership of international organizations will proceed (depending
upon the terms of the organization's constitution) according to whether a new state is
formed or an old state continues in a slightly different form.
• For example, in the case of the partition of British India in 1947, India was
considered by the UN General Assembly as a continuation of the previous entity,
while Pakistan was regarded as a new state, which had then to apply for admission to
the organization.
• Upon the merger of Egypt and Syria in 1958 to form the United Arab Republic, the

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latter was treated as a single member of the United Nations, while upon the
dissolution of the merger in 1961, Syria simply resumed its separate membership of
the organization.
Succession to assets and debts
• The relevant international law in this area is based upon customary law, The Vienna
Convention on Succession to State Property, Archives and Debts, 1983 is not yet in
force, although most of its provisions are reflective of custom.
• The primary rule with regard to the allocation of assets (including archives) and
debts in succession situations is that the relevant parties should settle such issues by
agreement.
• See Opinion No 9 and No 14 of the Arbitration Commission on Yugoslavia.
Succession to State property
• The classic rule postulates that only the public property of the predecessor state
passes automatically to the successor state.
• Although in many cases there will be a relevant agreement to define what is meant
by public property in this context, this does not always occur and recourse to
municipal law is often required.
• The relevant municipal law for such purposes is that of the predecessor state. It is
that law which will define the nature of the property in question and thus in essence
decide its destination in the event of a succession.
• See article 8 of the Vienna Convention on Succession to State Property, Archives
and Debts, 1983 .

STATE RESPONSIBILITY

Introduction

• State responsibility is a principle of international law which provides that whenever

one state commits an internationally unlawful act against another state, international
responsibility is established between the two
• A breach of an international obligation gives rise to a requirement for reparation.

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• International law does not distinguish between contractual and tortious
responsibility. So, any violation by a state of any obligation of whatever origin gives
rise to state responsibility and consequently to the duty of reparation.
• 'clear and convincing evidence would be required In order to support findings as to
state responsibility

Nature of State Responsibility

• Article 2 of the ILC Draft articles provides the elements of an internationally

wrongful act of a state, i.e.
• There is an internationally wrongful act of a State when conduct consisting ol an
action or omission: (a) is attributable to the State under international law; and (b)
constitutes a breach of an international obligation of the State
• Article 13 provides that an act of a State constitutes a breach of an international
obligation on if the State is bound by the obligation in question at the time the act
occurs.
• Judge Huber in the Spanish Zone of Morocco claims 2 RIAA, (1923)
p. 615 emphasized that
All rights of an international character involve international responsibility,
Responsibility results in the duty to make reparation if the obligation in question
Is not met
• It is international law that determines what constitutes an internationally unlawful
act, irrespective of any provisions of municipal law (art 3 of the ILC articles).
• A state assisting another state to commit an internationally wrongful act will also be
responsible if it so acted with knowledge of the circumstances and where it would be
wrongful if committed by that state (arts 16-18 of the ILC articles)

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The question of 'fault'

• There are contending theories as to whether responsibility of the state for unlawful
acts or omissions is strict or whether it is necessary to show some fault or intention on
the part of the officials concerned.
• The principle of objective responsibility (the so-called "risk' theory) maintains that
the liability of the state is strict, and state is responsible for damage irrespective of
good or bad faith.
• The subjective responsibility concept (the "fault' theory) on contrast emphasizes that
an element of intentional (dolus) or negligent (culpa) conduct on the part of the person
concerned is necessary before his state can be rendered liable for any injury caused.
• Majority of cases and academic opinion follow the strict approach.
• See the Neer claim 4 RIAA, (1926) and the Caire claim 5 RIAA,
(1929)

Attribution of conduct to a state

• According to the ILC draft articles, a conduct will be considered to be an act a states
if:
• It's a conduct of any state organ exercising legislative, executive, judicial or any
other functions (art 4)
• It's a conduct of a person or entity which is not an organ of the State under article 4
but which is empowered by the law of that State to exercise elements of the
governmental authority (art 5)
• It's a conduct of an organ placed at the disposal of a State by another State acting in
the exercise of elements of the governmental authority of the State at whose disposal
it is placed (art 6)
It's a conduct of a person or group of persons acting on the instructions of, or under
the direction or control of, that State in carrying our the conduct (art 8)
• Conduct acknowledged and adopted by a State as its own (art 11).

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Circumstances precluding wrongfulness

• Arts 20 - 26 of the ILC draft articles

• Consent - e.g. where troops from one state are sent to another at the request of the
latter.
• Self defence taken in conformity with the UN Charter, art 51.
• Countermeasures in respect of an internationally wrongful act - Gabakora-
Nagymares Projet case IC] Reports, 1997 provides the conditions for a justified
countermeasure:
1) It must be taken in response to a previous international wrongful act of another
state and must be directed against that state
b) The injured state must have called upon the state committing the wrongful act to
discontinue its wrongful conduct or to make reparation for it
• The effects of a countermeasure must be commensurate with the jury raftered.
. In purpose must be to induce the wrongdoing state to comply with its obligations
wader international law, and
*) The measure must therefore be reversible.

• Force majure - the Rainbow Warrior arbitration in 1990 stressed that the test of
applicability of this doctrine was one of 'absolute and material impossibility'.
• Distress — a situation when the actor no other reasonable way of saving the actor's
life or the lives of other persons entrusted to the actor's care.
• Necessity - art 25 of the ILC draft articles

Consequences of internationally wrongful acts

• Cessation (art 30 of the ILC articles)

• Reparation (art 31) - the basic principle of reparation was laid down in the case of
Chorzow Factory PCT], Series A, No.
17, 1928, that:
reparation mast, as fir as possible, wipe out all the consequences of the legal act and

5
re-establis the sanitation which world, in all probability, have
existed if dat act had bot been cohgumitted.
• Forms of reparation include restitution, compensation and
satisfaction, either singly or in combination (arts 34-38)

New topic

DIPLOMATIC RELATIONS

• Political relations between states are conducted by diplomatic missions, comprising

of ambassadors and diplomats
• Missions can be in two forms; diplomatic missions, and consular missions.
Sometimes they are merged
• Governed by two treaties; the Vienna Convention on Diplomatic Relations of 1961
and the Vienna Convention on Consular Relations of 1963.
• A diplomatic mission and a consulate are both official representations of a country in
a foreign location, but they serve different functions and have distinct roles in
international relations.

Diplomatic Mission (Embassy)

• A diplomatic mission, also known as an embassy, is the highest level of diplomatic

representation that one country establishes in another. It represents the sending
country's government and serves as the primary point of contact for diplomatic
relations with the host country. The head of a diplomatic mission is typically an
ambassador or high-ranking diplomat

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KEY FUNCTIONS AND FEATURES.

• Political Representation: Embassies primarily focus on political matters and

represent the sending countries government in the host country. They facilitate
communication and negotiation between the two nations on a wide range of issues,
such as foreign policy, trade, and cooperation
• Consular Services: Embassies provide various consular services to their citizens
residing or traveling in the host country. These services include immigration
passports and visas, assisting with legal matters, providing emergency assistance, and
offering support during crises or disasters.
• Official Functions: Embassies host official events, ceremonies, and receptions to
promote diplomatic and cultural relations between the two countries. They also
provide support for official visits, meetings. and conferences involving government
official's and dignitaries

The Vienna Convention on Diplomatic Relations

• Art 3 lists the function of a diplomatic mission.

• In diplomatic missions, there is a sending state and a receiving state
• There is no right on parts of states to enter into diplomatic relations
• There is also no duty to maintain diplomatic relations
• The sending state has a right to choose its diplomats
• The receiving state has a right to reject diplomats
.They reject by declaring the diplomat as persona non grata i. e unacceptable
• The head of a mission has to present credentials to the Head of State before
assuming duties
• Small missions can present credentials to the Foreign Affairs Minister

Consular missions

A consulate is a lower-level diplomatic representation established by a country in a

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specific city or region within a foreign country. It operates under the authority of the
embassy and assists in the provision of consular services. The head of a consulate is
usually a consul or a consul general.

Characteristics of consulate

• Consular Services: Consulates primarily focus on providing consular services to

citizens of the sending country who are living or visiting the region where the
consulate is located. These services may include issuing visas, providing vuling travel
advice, assisting with legal matters, and offering emergency support.
• Trade and Commerce: Consulates often play a significant role in promoting trade,
investment, and economic relations between the sending country and the region in
which they are located. They may facilitate business contacts, support trade
delegations, and provide information on commercial opportunities.
Limited Political Representation: While consulates may engage in some political
activities, such as reporting on local developments and maintaining contacts with
local government officials, their primary focus is on consular affairs rather than
political representation.

Functions cont..

• Legal and Judicial Support: Consular services can assist citizens who encounter
legal issues in the host country. This may include providing a list of local attorneys,
offering guidance on the legal system, and arranging for consular visits to citizens
detained or arrested.
• Notarial Services: Consular offices often provide notarial services, including
certifying documents, administering oaths or alirmations, and authenticating
signatures These services are usually required for various legal or administrative
purposes.
• Births, Deaths, and Marriages: Diplomatic missions can register births, deaths,

8
and marriages of their citizens that occur abroad. They issue relevant documents such
as birth certificates, marriage certificates, or consular reports of death.
• Travel Advice and Assistance: Consular services offer travel advice and formation
to their citizens, including safety and security guidance, health advisories, information
about local laws and customs. They can also provide assistance to cases on stolen
belongings.

Diplomatic Immunities

• Inviolability of the premises- art 22

Agents of receiving state may not enter
• Protection of the premises
> Protection of their property, means of transport and immunity from search,
requisition, attachment and execution
> Protection of diplomatic bags
• Protection of persons - art 29
> Protection from any form of arrest and detention
• Protection from any forms of attacks and danger
• Protection of private residence - art 31
Exceptions
• Not protected from civil jurisdiction relating to private property, succession when a
diplomat is designated as an administrator or executor
› Professional or commercial activity exercised by a diplomat outside his official
functions
• Members of family of diplomats enjoy the same immunities
• Other administrative and technical staff enjoy only immunity from civil jurisdiction
for acts performed within the coarse of official duties
• Diplomats are not immune from legal liability but rather they have immunity from
jurisdiction

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• Immunity can be waived by the sending state
• Waiver must be express
• Read
• Case concerning United States Diplomatic and Consular Staff in Tehran 1980
ICJ
Reports 3 at 42-3.

Tanzania missions abroad

• Tanzania has 43 diplomatic missions abroad. These are located in various
jurisdictions.
• See list at [Link]
• In addition to international law, diplomatic missions are guided by their nations
foreign policy.

Protocol and Etiquette

• Protocol and Etiquette are about good manners and discipline

• Protocol and Etiquette are relevant tools in the behavioral qualities of diplomats than
the functional qualities
• In diplomacy, protocol and etiquette are manifested in all diplomatic functions
• Protocol must be well understood, explained and should be predictable

>Diplomatic protocol is a set of formalities, traditions and conventions, observed by

governments, agencies of foreign affairs, diplomatic missions, other officials in the
process of international communication
>Protocol is an international culture whose formalities are timeless irrespective of
location or space.

Protocol

•From the legal point of view, protocol stands as a supplement to the main Agreement
• Basic elements of any diplomatic protocol are:

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• Rules
• Customs
• Regulations

Etiquette

•Etiquette is a set of rules which have been accepted to be observed, respected and are
expected by people present in an official function for its smooth running
• Rules of Etiquette:
Treat others as you would like to be treated (Golden Rule)
Respect the privacy of other people without imposing on them personal tastes

Rules

Respect people based on precedence and seniority status

@Exercise tolerance and be discrete to individuals
•Punctuality
•Management of Protocol values
•Avoid any kind of embarrassment.

Order of Precedence

•Order of precedence is an orderly hierarchical structure of who preceded the other at

entry point for a specified job criteria.
The position of someone in the order of precedence is not necessarily an indication of
functional importance, but rather an indication of ceremonial or historical relevance.

Order of Seniority

It is an orderly hierarchical importance of ranking of office bearers

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• Derived from
• Age
• Scheme of Service
• Mixture of office bearers: e.g. Kings and Queens, Presidents, Heads of Government

Significance

Diplomatic error with respect to order of precedence and order of seniority never goes
without notice and may have grave consequences
Failure to recognize or honor the appropriate rank and order of precedence and order
of seniority of guests is equal to an insult to their positions
OR NATURE

Dress and Tie Colors

• Yellow is a complex color. In the English language it has connotations of cowardice,

indicated by terms like "yellow-bellied coward"
• But yellow is also the color of the sun, representing its radiance and vitality
reflecting an outgoing and forthright personality.
• Yellow also mixes well with blues

Black color is closely associated with very formal events. Very fancy gatherings or
parties are often known as "black tie" events especially bow ties
• Black color is also used during mourning ceremonies
• Black color matches very well with white color

Brown color projects the image of a very down-to-earth, practical man.

• This is a color that says "I can get the job done"
• It may be a bit boring, and without excitement, but it is a solid and reliable color
• It is commonly used during interviews rather than for official functions.

Pink color symbolizes romance, not to be used in official functions

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• It is often used for dates among lovers

Orange color implies enthusiasm, open-mindedness and adventurous.

• It is the perfect tie for making a memorable first impression and creating a sense of
excitement within the workplace

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