The Renewal of Early-Modern Scholarship on the Ambassador: Pierre Ayrault on Diplomatic Immunity

Abstract

This article deals with the doctrine of diplomatic immunity elaborated by the French jurist and humanist Pierre Ayrault (1536–1601). After a brief outline of the debate on diplomatic immunity from the end of the Middle Ages to the middle of the sixteenth century, the article focuses on Ayrault’s discussion of the topic in the works he published between 1563 and 1588, and points to some important changes that occurred in the way in which the figure of the ambassador was conceived at that time. These changes offer us a number of elements which could lead to a better understanding of the transition from the medieval to the early-modern conceptions of diplomacy and ius gentium.

International legal analysis of privileges and immunities of the Eurasian Economic Union (selected customs aspects)

“…In the Middle Ages, the list of diplomatic immunities did not include any customs aspects and was limited by jurists to the following: 1) the ambassador was not obliged to pay taxes in the country in which he was carrying out his duties, with regard to all goods connected with the fulfilment of his mission; 2) he enjoyed the privilege of full restitution (restitutio in integrum) provided by Roman law in favour of all those who were away from home on public service (reipublicae causa); 3) during the mission he could neither be accused of, nor punished for, any crime committed before he took office (Fedele 2016). The law of diplomatic privileges and immunities have developed over many centuries and some elements, such as the principle of diplomatic inviolability, can be traced back many centuries.…”