Breaking off diplomatic relations: A systematic approach with special reference to the consequences in diplomatic practice of the entry into force of the Treaty of Lisbon

Abstract

The present paper aims to provide a systematic analysis of the different ways in which breaking off diplomatic relations between two sovereign States might take place, and the different phases in such a process, each one characterised by the adoption of different types of diplomatic measures, as well as the way in which they might be combined (e.g., recall of an ambassador for consultations or withdrawal of ambassadors). Although this constitutes its own form of diplomatic sign language, which can be decoded, it has been subject to very little systematic analysis. Even though we can find many examples of such situations in diplomatic practice, there are very few codified rules in diplomatic law, and case law is often nonexistent. The entry into force of the Treaty of Lisbon, and the launch of the European External Action Service (EEAS), opens up the possibility that, in the event of a diplomatic crisis, traditional diplomatic measures may be applied as part of a collective decision-making process within the EU, thus also significantly widening the range of possible measures that can be adopted. It also opens the door to new, hypothetical options of great interest in the event that an EU Member State and a third State break off their diplomatic relations; for example, the possible creation of an "interests section" of that State within the EU Delegation in that country.