Ad hoc-diplomaten och den temporära beskickningen

Sammanfattning: Diplomatic delegations sent by a state to conduct specific tasks are internationally referred to as special missions. This type of diplomacy is regulated through the Convention on Special Missions which also states the terms of immunity for the so-called ad hoc diplomats. Sweden has currently not ratified the convention and does not have any national regulation relating to special missions sent by states. Therefore, the question arises if Sweden needs this kind of regulation and what kind of regulation is suitable for Sweden in terms of immunity? This study concentrates on both the Convention on Special Missions and inter¬national customary law to see what kind of immunity is applicable to special missions and ad hoc diplomats to this date. The analysis realizes that the immunity manifested in international customary law is somewhat less exten¬sive than the immunity expressed by the convention. Though, international customary law is not as widespread and reliable in all aspects. To this conclusion the tenet principles of immunity are applied in the discussion to establish the coherent immunity for special missions. Based on primarily the theory functional necessity the thesis comes to the assumption that the Convention on Special Missions doesn’t motivate immunity to the current extent. Last, the thesis indicates that there is a need of a national Swedish regulation. It is not necessary that the Convention of Special Mission itself is ratified and incorporated in Swedish national law, but instead a solely national regulation or interpretation practise could be in place