Exterritoriality Theory: The Definition Of Diplomacy

Introduction

The origin of the word ‘diplomacy’ arises from the late 18th century French word diplomatie, however when it comes to defining the notion of diplomacy a variety of confusing definitions have been employed. Eytan Gilboa describes diplomacy as a direct communication with foreign people with the objective of affecting their thinking and ultimately, that of their government (Gilboa, 2008). Ian Brownlie offers additional information by establishing that diplomacy comprises any means by which states establish or maintain mutual relations, communicate with each other or carry out legal or political transactions through their authorized (Brownlie, 2008).

A common character to the definitions of diplomacy is communication. Brownlie clarifies

The Representative theory argues that the diplomat represents and embodies the king or President, and that therefore his person must be respected. Exterritoriality theory was established approximately in the sixteenth century and it details that the diplomatic envoy should be treated as if the envoy is still in the territory of the sending state. The essay basis its argument on the Functional necessity theory.

Functional necessity theory rests on the fundamental assumption that a receiving states action which affects diplomats’ duties represent a potential for real and perceived harassment, were diplomats not protected by immunity. In turn, harassment by the receiving state would likely impair the functioning of the diplomat and hinder the diplomatic process. Functional necessity assumes that the absence of diplomatic immunity would lead to a breakdown in the conduct of foreign relations (McClanahan,

Article 37 regulates immunity of members of the family of a diplomat and the junior staff of the mission and private servants. Functional necessity is the basis for such immunity. Members of the family of a diplomat forming part of his household shall, if they are not nationals of the receiving State, enjoy immunity specified in Articles 29 to 36. This protection became required as it became progressively common for diplomats to be in the receiving State on permanent missions rather than special missions (Hopkins, 2010).

GRACE MUGABE CASE

On August 2017 the wife of Zimbabwean President, Grace Mugabe lost control and assaulted a south African model (Gabriella Engels) with electric extension cord while on a visit to South Africa. Although she had agreed to hand herself in to police custody over the alleged incident, she failed to do so. The South African Department of International Relations and Cooperation later granted her, diplomatic Immunity (Powell, 2017).

Granting Grace Mugabe