ABSTRACT

Diplomatic immunity was a mechanism by which the inviolability of an ambassador could be secured, if necessary. In spite of the apparent creation of a universal diplomatic law through the creation of a network of bilateral treaties on diplomatic privileges and immunities, the system was on the verge of a catastrophic breakdown. The period from 1860 to 1930 witnessed a number of privately initiated attempts to codify the law of diplomatic privileges and immunities. The Harvard Draft Convention on Diplomatic Privileges and Immunities contains in its introductory comments the declaration that the theory of exterritoriality has not been used in formulating this present draft convention. Ogdon notes that rules and regulations governing the sanctity of public diplomatic agents and recognizing some kind of immunity are found among remotely located peoples. Leading writers during the early period of post-permanent diplomatic relations, the most influential were Ayrault, Gentilis and Hotman.