HISTORICAL DEVELOPMENT OF THE INSTITUTION OF SPECIAL MISSIONS

Abstract

This article examines the historical development of special missions from ancient ad hoc diplomatic practice to their codification as an autonomous institution of international law. The study employs a doctrinal-historical method based on materials of the International Law Commission, the 1961 and 1969 Conventions, and secondary literature on diplomatic law. The study is structured around three periods: ancient and medieval practice, the classical diplomatic system from the 15th to the 19th century, and the codification process of the 20th century. The evolution of ad hoc diplomacy demonstrates that special missions predated permanent diplomatic missions and can be traced back to the 4th millennium BC. The two institutions subsequently coexisted, rather than one replacing the other, after resident embassies emerged in the late 15th century. For most of their history, special missions were governed by customary international law and bilateral treaties, resulting in fragmented legal protections that became increasingly inadequate as ad hoc diplomatic contacts expanded after the two World Wars. The article concludes that the 1969 Convention represents the culmination of this process rather than the creation of a new institution, giving treaty-based expression to rules of customary international law while preserving the residual role of custom. Special missions remain a flexible instrument of diplomacy that complements permanent diplomatic representation.