Under Article 2 of the Vienna Convention on Diplomatic Relations, diplomatic relations between States—and permanent diplomatic missions—are established by mutual consent. The two are related but distinct: agreeing to diplomatic relations does not by itself require either State to open a permanent embassy. The details depend on what the States agree, the Convention where it applies, and the receiving State’s procedures.
The legal foundation: mutual consent
Article 2 of the Vienna Convention on Diplomatic Relations (VCDR) states: “The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent.” Consent is therefore the starting point; one State cannot establish diplomatic relations with another unilaterally.
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The article identifies diplomatic relations and permanent missions separately. States may agree to relations without establishing resident embassies, and the Convention does not prescribe a universal document, ceremony, or exchange of ambassadors as the sole way to record consent. The practical form of representation is for the States to arrange.
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How the process generally works
- Agree to establish relations. The States give mutual consent under Article 2. The Convention does not set one mandatory form for recording that agreement.
- Decide how representation will work. They may establish a permanent mission or arrange a different form of representation. A head of mission may be accredited to more than one receiving State after due notification, unless a receiving State expressly objects. Two or more sending States may also accredit the same person to a receiving State unless it objects. The Convention also provides for a chargé d’affaires ad interim when the head of mission’s permanent seat is elsewhere.
- Obtain agrément for the proposed head of mission. Under Article 4, the sending State must make certain that the receiving State has agreed to the proposed head of mission. The receiving State may refuse agrément without giving a reason. This approval concerns the proposed person; it is distinct from the States’ agreement to establish diplomatic relations.
- Notify the receiving State about mission personnel. Article 10 requires notification to the receiving State’s foreign ministry—or another ministry the States have agreed on—of appointments, arrivals, departures, and the termination of functions of mission members. It also covers certain family and staff events.
- Complete the credentials procedure. Under Article 13, a head of mission takes up functions when credentials are presented, or when the head has notified arrival and a true copy of the credentials has been presented to the receiving State’s ministry. Which route applies depends on that State’s prevailing practice, applied uniformly. Article 15 provides that the States agree on the class of their heads of mission, while Article 18 requires uniform reception procedures for each class.
- Settle premises, size, and location. Article 21 addresses assistance with obtaining mission premises. Under Article 11, if there is no specific agreement, the receiving State may require the mission’s size to stay within limits it considers reasonable and normal in light of the circumstances and the mission’s needs. Article 12 requires prior express consent before a mission opens offices in other localities.
What the Convention leaves to agreement and local practice
The VCDR provides a framework, not a single worldwide checklist of forms, deadlines, or ceremonies. Arrangements can differ according to bilateral agreement and the receiving State’s protocol. For a current country-specific procedure, consult the receiving State’s foreign ministry and check any applicable bilateral arrangements.
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The Convention was adopted in 1961 and entered into force on 24 April 1964, according to the United Nations Treaty Collection; the UN conference record describes it as a framework for diplomatic intercourse, privileges, and immunities. Its preamble says those privileges and immunities are intended “not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing States.” It also affirms that customary international law continues to govern matters the Convention does not expressly regulate.
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What to check for a particular pair of States
- Verify each State’s participation in the VCDR and any relevant treaty actions in the United Nations Treaty Collection.
- Check the receiving State’s current foreign-ministry protocol guidance for credentials, notifications, and reception procedures.
- Identify any bilateral agreement and consider applicable customary international law, especially for matters not expressly addressed by the Convention.
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