DIPLOMATIC PRACTICE AND ITS INFLUENCE ON REGULATION OF DIPLOMACY BY DIPLOMATIC LAW AND NON-LEGAL RULES
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Abstract
The notion of diplomatic practice is very often used in many works, but typically without a definition.
Firstly, this article brings considerations leading both to the definition of diplomatic practice as well as
to its comparison with the notion of practice of diplomacy. The second part of the present article deals with
application of diplomatic practice with respect to the prospective creation of legal and non-legal norms governing
diplomatic relations, and explains how established patterns of behaviour can evolve into rules of conduct.
The article classifies four fields of diplomatic practice with different legal effects: (i) one-time practices
and repeated practices of one or more States; (ii) general practice; (iii) international courtesy; (iv) international
custom; and identifies examples in each normative level of diplomatic practice in order to demonstrate
its scope and content, which goes far beyond the regulation of the Vienna Convention on Diplomatic
Relations as a written law. Finally, in conclusion and as practical implication, it provides an analysis of the
normative potential of new diplomatic practice emerging during COVID-19 restrictions in many States,
which rests in lockdown and curfew restricting the freedom of movement of diplomatic missions’ members.
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