Harmonisation in Comparative Law: Lessons in Diplomatic Immunities

Harmonisation of municipal law is an oft-quoted goal of comparative law. Scholars and practitioners alike will be aware, however, that this is not an easy goal. True harmonisation requires a law to be applied in the same way around the globe, irrespective of local variation in legal culture. This is very rare. One area that can offer an insight is the law on diplomatic immunities. Here, an international framework has been implemented with extraordinary uniformity in countries that are quite different. The answer lies in its framework-like nature. International law which provides a framework for development of further law or cooperation, and which enjoys widespread reciprocity, is more likely to be implemented widely. Diplomacy is an indispensable feature of international relations because most official interaction between States is conducted through diplomatic channels. That diplomatic immunities serve as a framework for international engagement renders the field easier to harmonise. However, the further the immunities stray beyond being a framework for further cooperation, the more likely that States will differ in opinion on its implementation. Additionally, if reciprocity is not an element at play, then harmonisation will be difficult irrespective of whether a law provides a framework or not. The two criteria of a framework-like nature and reciprocity are keys to harmonisation of international law in similar contexts to diplomacy.