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The functional transformation of diplomatic immunity in the digital age

Year: 2027
Type: article
Abstract: This article argues that diplomatic immunity is undergoing a functional transformation in the digital age. The textual categories of the Vienna Convention – premises, correspondence, archives, and the diplomatic agent – are being reclassified by cloud computing, encrypted communications, virtual embassies, and AI-mediated drafting, without rupture of the regime. The Functional Necessity principle has acquired greater operational importance, anchoring immunity's protective scope to the digital functions the contemporary mission must perform. Through a doctrinal analysis of the four operative categories, set against the Estonia/Luxembourg data embassy precedent, the Barbados metaverse embassy practice, Israeli platform diplomacy, and Scandinavian digital diplomacy, the article traces a trilemma between interpretative extension, bilateral precision, and accountability architecture. It concludes that consolidation of the functional transformation into functional resilience is required through the UN Group of Governmental Experts, the UN International Law Commission, and national foreign-service doctrine.
Language: English
Open Access status: green
OpenAlex ID: W7223695287
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