By Alude Xuba (LLB, LLM (University of Pretoria), Admitted Attorney of the High Court of South Africa, Founder and MD of Xuba & Associates Attorneys – www.xlaw.co.za.

Introduction

The world’s vastness necessitates regulation for peaceful co-existence. International law serves as a crucial instrument for this regulation. It determines who sets, administers, and is subject to international law. It also governs state relations and the rights of their representatives.

International Law

International law, also known as public international law, is a set of rules and principles binding states in their relations. It covers state-to-state relations and intergovernmental bodies like the UN and AU, while private international law deals with private parties across jurisdictions. Subjects include states and international organizations, while objects include legitimate topics like human rights and economic law. The UN Charter is the foundation for the international legal system, derived from Article 38 of the Statute of the International Court of Justice. It includes among its sources, international conventions or treaties. Treaties, also known as charters or protocols, are legally binding instruments governing states’ rights, duties, and obligations. The Vienna Convention on The Law of Treaties defines treaties as international agreements. A treaty can be ratified by a specified number of nations or signed by parties, but it cannot bind a non-party or non-participating state.

Relationship between States in terms of the Vienna Convention on Diplomatic Relations of 18 April 1961

The Vienna Convention on Diplomatic Relations governs the relationship between states. Diplomacy can be defined as the application of intelligence and tact in official relations between governments of independent states, dependent territories, and international institutions. Diplomacy is a key foreign policy tactic, with the practice of sending envoys as representatives of nation states dating back to Greek cities. Diplomatic privileges and immunities aim to ensure efficient performance of diplomatic missions as representatives of states. Diplomatic relations are made with the consent of the respective states, underlining their sovereignty. Diplomatic missions represent the sending state in the receiving state, protect its interests, negotiate with the receiving state, and promote friendly relations. Persona non grata is a practice where the receiving state can declare a member of the mission unacceptable. Diplomats, including ambassadors, envoys, and chargés d’affaires, have equal privileges and immunities in their diplomatic missions. They have inviolable mail, archives, transport, documents, and diplomatic correspondence. Inviolable means tehri premises or mail or transport may not be entered for purposes of searching or effecting and arrest. They also enjoy blanket immunity from criminal jurisdiction and civil suits. They can waive immunity but must respect the laws and regulations of the receiving state and not interfere in its internal affairs. The Diplomatic Immunities and Privilege’s Act No 37 of 2001 in South Africa gives application to the Vienna Conventions on diplomatic and consular relations, making diplomats in South Africa immune from the courts of South Africa.

International Dispute Resolutions

States have an obligation to resolve disputes peacefully through non-adjudicatory procedures like negotiation, mediation, and conciliation, and formal adjudicatory procedures like arbitration and judicial settlement. International arbitration can occur between states, international organizations, non-state actors, and foreign investors.