THE ESTABLISHMENT OF A VIRTUAL EMBASSY ACCORDING TO THE 1961 VIENNA CONVENTION ON DIPLOMATIC RELATIONS: THE CASE OF BARBADOS’ METAVERSE EMBASSY

Through years of practice, embassies are considered the pillar of the diplomatic system, which faced developments of methods recently heavily influenced by internet optimization. It is reflected in the growing practices of non-physical embassies that raised the issue of whether or not those practices are consistent with the embassy's function under diplomatic law. By using method of normative legal research, qualitative methodology, and descriptive and comparative methods, this paper argues the difficulties of the performance of diplomatic mission function by non-physical embassies through the dimensions of efficiency laid down under the object and purpose of the Vienna Convention on Diplomatic Relations 1961. It stands to prove the cumulativeness of the functions prescribed under Article 3 (1) of VCDR, arguing that the functions' performance is inefficient by only operating one or several functions. By this way of interpretation, the sole establishment of non-physical embassies, such as virtual embassies and especially metaverse embassies, is impractical due to their inability to perform several key functions of the diplomatic mission. It then clearly established that States cannot rely solely on establishing non-physical embassies and must seek alternative methods.


INTRODUCTION
The Covid-19 Pandemic, in a certain way, impacts States' awareness of the borderless infectious disease that did set up a border. 1 To adapt to this new 'condition', society brings out the optimization of technology development. 2With this development, States rely heavily on the online world in their diplomatic mission: online visits and conferences. 3Arising from this awareness, it is known that prior to the Covid-19 pandemic phenomenon, States have always adapted their diplomatic system to the evolution of technology; this was no exception for States' embassies. 4 the early era of diplomacy, accreditation of diplomacy was executed through temporary envoys. 5During the years of practicing this method, States found it ineffective for several reasons, among others being the high cost and the significant risks of safety on the road. 6As an act of adjustment, from the 16 th to the 20 th centuries, 7 States started to accredit their diplomatic mission The term 'Virtual Embassy' used in this article points to diplomatic representation of the embassy, without establishing physical premises. 19This is being conducted via electronic information and communications technologies without face-to-face contact in an online virtual world. 20On the other hand, the term 'Metaverse Embassy' is delineated as akin to the concept of a 'Virtual Embassy', yet incorporating more sophisticated technology, such as platforms and tools, within the operating system. 21Overall, it is the aspiration of States that this practice will eventually perform the functions of a diplomatic mission. 22e emergence of a new field of diplomatic law posed by the passive nature of the VCDR has resulted in the divergence of opinions regarding its legal implications. 23Two distinct groups of viewpoints appear on this matter.The first group comprises optimists who perceive the potential for the performance of functions through these non-virtual embassies to be equal to the traditional embassies. 24Conversely, the second group consists of skeptics who consider the emergence of such embassies as merely a misnomer. 25Due to the ongoing discussion of these two groups, this article confines itself by focusing on examining and, even more, challenging the performance of the functions of a diplomatic mission by a non-physical embassy, according to the VCDR.
The first section analyzes the determination of whether or not the functions of diplomatic missions must be performed cumulatively.Furthermore, the second section then assesses the role of an embassy as a form of representation of diplomatic mission, arguing the imperativeness of its establishment and the potential for expansion of such state.In the subsequent section of this article, an analysis is conducted to distinguish between a Virtual Embassy and a Metaverse Embassy.Having established the sections above, this article discussed the challenges and opportunities of creating a non-physical embassy.Of particular concern are issues related to the execution of the functions of a diplomatic mission, as well as the relevance of immunity and inviolability for such an embassy.

METHODS
This article uses the research methodology of normative legal research, qualitative methodology, and descriptive and comparative methods.The article utilizes international regulations and cases as its primary legal materials.This research is related to the recent development of diplomatic law, specifically the possibility of performing functions of a diplomatic mission through a non-physical embassy.The Establishment of a Virtual Embassy According to the 1961 Vienna Convention on Diplomatic Relations: ...  27 It was stated that the functions laid out in this article characterize the whole mission activity. 28However, the existence of the word 'inter alia' in this article issues two interpretations of the performance of the function: optional or cumulative.This interpretation plays a significant role in the argument on whether or not a State may perform only one of the functions of a diplomatic mission.

Functions of Diplomatic Mission According to
Under the general rule of interpretation of a treaty laid out under Article 31 of the Vienna Convention on the Law of the Treaties ("VCLT"), there are three elements of interpretation; context, object, and purpose, as well as good faith. 29This being said, aside from the conventional literal translation of the text 'inter alia' being 'among other', 30 to analyze the whole context of this Article, one shall take a view of the object and purpose of the treaty, which can be sought through its preamble of the treaty. 31 demonstrated under the Judgement of Immunities and Criminal Proceedings Case, the preamble of VCDR reflects the object and purpose to "contribute to the development of friendly relations among nations" 32 and, accordingly, confers privileges and immunities upon missions to "ensure the effective performance of the functions of diplomatic missions". 33This preamble was consistent with the travaux préparatoire of VCDR, where since the early day of its drafting, the drafters had considered the efficient performance of the functions of diplomatic missions. 34ilding upon the preceding statements and considering the States' desire for economic efficiency through the employment of alternative methods, 35 one pivot of thinking was established: the importance of efficiency in performing diplomatic mission functions.However, as the VCDR did not establish the threshold of efficiency of diplomatic mission performance, the challenge of this section now turns into what could be considered efficient and inefficient under this matter.This would include whether or not the performance of only one 'singular' function of the diplomatic mission would be regarded as 'efficient'.
The word 'efficient' is defined as the quality of doing something well without wasting time or money. 36The relationship between the outputs and inputs might determine it. 37This may include the consumption of time, money, or energy. 38Although facing difficulties in measuring efficiency in the public sector due to the inability to quantify the accurate effects of public functions performance, the assessment of efficiency may still be conducted by taking into account the obtained result in relation to the resources used and by seeing whether the given resource has achieved the maximum results. 39 other words, to achieve efficiency is to achieve maximum results with the minimum resource.
Generally, States spend not-so-little expenditures in the performance of their diplomatic mission, causing almost all States to face constraints on their overseas expenditures. 40This would naturally drive States to conduct their diplomatic mission functions efficiently.Coherently, States would avoid the performance of only one function on their diplomatic mission as it will uses a lot of time, money, or energy that would then be considered inefficient.An alternative perspective posits that each function delineated in Article 3 of the VCDR is closely interrelated, 41 meaning that inadequate execution of one function may adversely impact the performance of other functions.
This interpretation answers that the 'classic' functions stipulated under Article 3(1) of VCDR are meant to be cumulative since performing one or two function would only do inefficiency and eventually contradicts the object and purposes of the VCDR.Thus, the term 'inter alia' under Article 3(1) of VCDR means that the list set out is not final and exhaustive, so states may expand their radius action for service purposes. 42However, it did not mean that State may exclude the fundamental function explicitly penned under this Article.

Assessing The Role of the Embassy in Performing Functions of Diplomatic Missions as Premises of The Mission
A clear definition of the mission's premises was provided under Article 1(i) of the VCDR, which defines it as 'buildings or parts of budlings […] used for the mission'. 43It is understood that embassies The Establishment of a Virtual Embassy According to the 1961 Vienna Convention on Diplomatic Relations: ... fall within this article's definition as it is used for mission purposes. 44More significantly, for the purpose of this paper, it is relevant to examine the performance of functions of a diplomatic mission through an embassy.
a. Is the need to establish an embassy as the premises of the mission compulsory?
Referring back to the fundamental legal ground of diplomatic law, notably, VCDR did not explicitly require sending States to establish an embassy in each of its receiving State. 45This unspecified rule leads to questions concerning the compulsoriness of establishing an embassy.
Embassies' establishment is not only limited to a symbol of representing bilateral relations between the two countries.Instead, it includes several functions, from establishing political relations to showing goodwill. 46Here, it will hold an imperative weight to determine the "compulsoriness" of embassies' establishment by examining the importance of its role in the performance of diplomatic mission functions as established under Article 3 of VCDR: 471) The function of Representation: The presence of an embassy highlights the representations of sending States' culture, language, and ways of life; it also stands as a recognition of the sending State of the existence of the receiving State, which would include the acknowledgment of each other's sovereignty. 48 The function of Negotiation and Protection: Embassies play a crucial role in a conflict or issue, especially in the pre-negotiation phase and follow-up stages. 49This conflict or issue may include, but is not limited to, the kidnapping or/and murder of its nationals and loan repayments.
3) The function of Ascertaining and Reporting: Immense quantities of real-time information on the receiving States' daily condition are needed to be obtained by Embassies, especially in a situation of crisis where the embassies become the crucial place of diplomatic analysis for the decision-makers at home. 50 The function of Promoting Friendly Relations: The establishment of embassies seeks to make the sending State as networked as possible, making it less difficult to gain influence and handle crises. 51 far as the VCDR did not imply the obligation for States to establish an embassy, arising from the analysis of theories, there exist some level of compulsoriness for States to establish their embassies as it would optimize the sending State in performing its function of the diplomatic mission.
b. Unveiling alternative approach to the establishment of embassies Apart from the theoretical analysis, by practice, some States did not 'legitimately' establish their embassies in other States.These are deemed normatively valid due to the absence of restrictions on States' freedom to choose whether or not to establish their embassies in certain locations. 52Due to this, States had started to employ their diplomatic mission through dual or multiple accreditation methods.This method is grounded by Articles 5 and 6 of the VCDR, which specify that States may concurrent their mission to the embassies in the other receiving State (multiple or concurrent or dual accreditations). 53is method is frequently practiced by smaller States to prevent difficulties arising from the limited staff and/or material resources. 54As a matter of procedural requirements, it would be necessary to first precede notification to the Receiving State subject to the multiple accreditations.The notification would normally be conveyed via an official communication that carries legal significance in accordance with international law. 55By applying this method, a head of the mission would be accredited for two or more States and recognized as a nonresident ambassador to the state where they are not physically located. 56veral States have succeeded in applying this method, such as United States embassy for the Maldives, accredited to Sri Lanka, 57 the Indonesia embassy for Vanuatu, accredited to Australia, 58 and Singapore which also exercised this method on its mission ambassador to Denmark and Colombia. 59The method of multiple accreditations, in either case, highlights the possibility and provides a solution for small States to forgo establishing embassies in each receiving State while still fulfilling their diplomatic mission functions through non-resident ambassadors.
c.The term "embassy" under VCDR and its equivocal attachment to the physical form of existence As well established by Article 1(i) of the VCDR, the premises of the mission refers to the buildings and land of the mission. 60The definition under VCDR strongly rests upon a physical The Establishment of a Virtual Embassy According to the 1961 Vienna Convention on Diplomatic Relations: ... conceptualization of a diplomatic mission. 61This was further elaborated in the Tallinn Manual 2.0, where experts uphold the robust approach of how the traditional concept of diplomatic mission implies physical presence. 62However, it is imperative to recognize that many factors, including technological development influence the development of practices of the diplomatic mission.
Codified by the International Law Commission, the VCDR comprises well-practiced rules of CIL. 63Two crucial elements form CIL; opinio juris and state practices. 64In the Fisheries Case and further ascertained in the Continental Shelf Judgement, the ICJ established that the element of State practice is a prerequisite to be extensive and virtually uniform. 65Thus, the core form of the VCDR itself would be State Practices.The focus now turns to the evolving development of State Practices these days.Does the interpretation of VCDR's content also evolve due to these Practices?Is there any possibility of the extension of the term 'embassy' into a form that is not physical?
In plain sight, it seems like there is a degree of flexibility and adaptability of CIL since it has an unwritten nature. 66However, CIL rules are known to be universal, creating a 'common ground of understanding' that may apply to all States. 67This was reflected in a long list of aforementioned ICJ's judgments and the International Law Commission's ("ILC") most recent product, the Draft Conclusion of Customary International Law ("Draft Conclusion").It is firmly established under Conclusion 8 of the Draft Conclusion that the practice must be general. 68en there exists some inconsistency against the general practice, as demonstrated in the Nicaragua case, it could merely be considered a practice that deviates from the general one, which is not recognized as a new rule. 69Therefore it does not equate to a failure in the finding of the general practice. 70Yet, if the deviating practice reaches a critical mass number that Jurnal Bina Mulia Hukum Volume 8, Number 1, September 2023 reaches the tipping point, it may be considered a leading charge toward forming the new rule. 71e key point of determination would still be the generality of the practice.
The development of technology indeed brings new practices from States, including in the realm of diplomatic relations, 72 especially in this case, the development of the form of embassies.It is reflected that these developments of subsequent practices are not yet unified. 73This gives a limited possibility that a settled customary law rule extending the definition of the term 'embassies' is met. 74Consequently, it may be difficult to recognize the term "embassies" beyond the scope of a physical one, including its form of non-physical.

Exploring the Two Methods of a Non-Physical Embassy: Virtual Embassy and Metaverse Embassy
Regardless of the difficulty of extending the term 'embassies' into a non-physical form, States do have a unique approach to establishing what they thought was the best way to perform their diplomatic mission that will be handled electronically. 75This section will elucidate how distinct States' practices objectify this idea of a non-physical embassy; this includes the most recent practice innovated by Barbados called metaverse embassy.

a. An Overview of the Operational Practices of Virtual Embassy
A virtual embassy is a form of diplomatic mission where the sending State does not have a permanent mission in the receiving State. 76It is claimed that virtual embassies would still have an ambassador that stays in their home country and would communicate electronically. 77ates viewed that it could play the role of an official diplomatic mission abroad. 78Two main rationales underlying the practice of virtual embassies would be.First, it gives a substantial expenditure cut for the sending States.Second, it could be seen as a form of diplomatic representation in receiving States where physical representation may not yet exist. 79However, in the previous chapter, it was evident that the definition of 'embassies' under Article 1(i) of VCDR would be hard to be extended to a form of non-physical due to the ununified practices of States, not excluding virtual embassies.To support this assertion, it is necessary to examine the practices of those States that have adopted this approach.
As an initial illustration, the case of Sweden's creation of a virtual embassy known as 'the Second House of Sweden' can be analyzed. 80This embassy was constructed within a webpage The Establishment of a Virtual Embassy According to the 1961 Vienna Convention on Diplomatic Relations: ... hosted on secondlife.com. 81The embassy has run since 2007 and was closed down in 2012. 82ring the initial stages of its operation, the embassy was observed to be fully functional, though, with time, the number of staff present has gradually decreased. 83Subsequently, the embassy was utilized by members of the Swedish Community in Second Life for organizing specific events, including the commemoration of national festivals and holidays. 84The official website of the Swedish Institute, a government agency organizing the embassy's development, did not stipulate the reason for the shutdown of the embassy. 85Rather, the Swedish Institute only declared that the project 'was a success'. 86e second State which will serve as an example would be the Maldives. 87In 2007, Maldives built a virtual embassy as a 'gate for new relations of the international atmosphere'. 88 In a manner akin to Sweden, Maldives 'built' its virtual embassies on secondlife.com, which facilitate the creation of realistic virtual replicas of actual structures and permit users to engage with cyber diplomats. 89The Maldivian government accounts that the virtual embassy presents opportunities for diplomatic representation and negotiation, particularly for smaller and less developed nations with limited avenues for traditional diplomatic engagement. 90However, this embassy is unable to expand due to the limitations of the second life platform, which is the same presumably true for Sweden. 91other example is the United States, which established a virtual embassy in 2011 by using governmental tools, which are other states' official web pages. 92It is found that the US has been establishing its virtual representation from 2003 to 2011, where approximately 40 virtual US representations were established. 93However, unlike Sweden and Maldives, the nationals of receiving State. 94Yet, after analyzing their activity in 2011, it was decided to discontinue such websites because they are unpopular. 95 reflected and illustrated by the practices mentioned above, there is a limitation to the successfulness of virtual embassies, which several factors affect. 96Regardless of the States' distinct way of establishing their virtual embassies, one common similarity was found: these States still possess a physical embassy that stands tall in each prospective receiving State. 97The Emergence of Metaverse Embassy as a Diplomatic Relation Practice by Barbados Despite the difficulties of establishing a virtual embassy, Barbados has innovated another form of this establishment called the metaverse embassy.The term 'metaverse embassy ' does not yet have a concrete definition.However, deriving from the word 'meta' and 'universe', 98 'metaverse' can be interpreted as a mass virtual environment parallel to the physical world, where the users can interact through digital avatars.99 Barbados sees this establishment as a way to expand its diplomatic mission as they are 'unable to support 190+ diplomatic missions around the world' due to limited resources and finances, 100 a common issue for the Micro States, including Barbados.101 Barbados indicated that it would only open one diplomatic complex in the metaverse, which would be used to perform official diplomatic relations with all of the receiving States.102 Described by Barbados' motivation, it is viewed that there is a vision for Barbados to establish a metaverse embassy independently, not followed by a traditional physical embassy.This suggests as an analogy that there is a single door through which multiple foreign states, with whom Barbados has diplomatic relations, may enter.Much as Barbados believes' of the conformity of metaverse embassy establishment with the VCDR, 103 legal issues arise from this thinking.The following section discusses further the applicability of the concept of reciprocity The Establishment of a Virtual Embassy According to the 1961 Vienna Convention on Diplomatic Relations: ... The principle of reciprocity is the core of diplomacy, a key success of the VCDR. 104ciprocity could be defined as a situation where two States provide the same advantages to each other. 105As how ILC recognizes, when one State benefits from a right, others must share the same rights. 106However, this principle can be positive or negative. 107The latter involves a negative response to an adverse action. 108In a sense, it will appear as an eye for an eye and a tooth for a tooth. 109The same concept applies to the establishment of embassies.
As States establish diplomatic relations, the mutual exchange of physical embassies naturally follows. 110These are based on the reciprocity principle, where States usually will not maintain an embassy in a foreign State if the foreign State does not reciprocate. 111The query then became what would happen if there was a situation of unwillingness or inability to reciprocate.Would then the establishment of the embassy become a dead end?The answer will depend on how much one needs to be represented and the given consent of the other State. 112In the end, there is a similarity with the concept of multiple accreditations where there is a condition of an absence of physical presence in the other State or by establishing joint embassies.Initial appearances suggest that the possible key determining factor for this method would be the consent of the receiving State as stipulated under Articles 5 and 6 of VCDR. 113 facilitate clarity in this context, an illustration of a hypothetical State A is provided, which seeks to establish a physical embassy in State B. Yet, State B cannot reciprocate the same action to establish a physical embassy in State A. Theoretically, as long as there exists consent between both States and due to the high essentials for State A to establish an embassy in State B, State A can nevertheless establish an embassy.The form of representation of State B in State A can then be alternated to another condition, such as multiple accreditation or joint accreditation.Canada and UK have explored the method of joint embassies themselves by sharing embassy premises and services. 114rom a particular perspective, the concepts that arise from the abovementioned practices are comparable to metaverse embassy for two reasons: the absence of physical presence in the foreign State and the utilization of an embassy by more than one State.The practice of Joint Embassies seemingly offers a prospect for Barbados to operate their "one for all" metaverse embassy, where multiple foreign states can collectively utilize it for diplomatic relations.At sight, the crucial elements that must be fulfilled to perform this method of the metaverse embassy would only be the settlement of agreement or consent of the foreign States with Barbados.However, in implementing this custom within Barbados' metaverse embassy, careful consideration must be given to its practical feasibility within the real world, as it should be constructed and shaped based on how states will perform their practices. 115iven by the impracticality of establishing around 190+ physical diplomatic missions worldwide, Barbados established a single metaverse embassy to conduct its diplomatic affairs.
However, a pressing concern arises regarding how Barbados will seek consent from individual states to establish these embassies.The practicality of this procedural requirement becomes a paramount consideration for Barbados, as it has significant implications for the efficiency initially envisioned by the country.

c. A Comparative Analysis of the Two Non-Physical Embassy Models
As a preliminary, the nature of the metaverse embassy originates from the virtual embassy where both operate based on the internet, making them have a similar concept.Table 1 stands as a reason to exemplify the distinction between traditional, virtual, and metaverse embassies.

(*) The analysis of the metaverse embassy is based on the indication that Barbados is to implement the technical method used commonly by metaverse platform
Metaverse is visioned to generate the users' experiences as they could sense the presence of other users by the ability to feel them realistically through their facial expressions and gestures. 119t only that, the essential characteristic is that the metaverse would have a symmetric relationship between physical and virtual space. 120 The Performance of Diplomatic Mission by Non-Physical Embassy: Problems and Prospects a.The performance of functions of a diplomatic mission by a non-physical embassy In addition to technical considerations of the metaverse embassy, the next major hurdles are the issue of the performance of the diplomatic mission's function.While recalling the difficulties of the efficient performance of diplomatic functions in the virtual embassy, taking into account the differences and similarities between virtual and metaverse embassies, it is to be analyzed what functions could probably be performed in both of its embassies alongside its efficiency.    aintaining cordial relations between the two countries by taking necessary precautions and resolving any uncomfortable situations that may arise, 126 and even in times of crises by evacuating families and non-essential staff from the receiving State. 127 The Aforementioned actions shall be achieved through a high level of cooperation to prevent the conflicting interests of the two states. 128• Embassies require vast amounts of real-time information on the current conditions of the host state, particularly during times of crisis and conflict when embassies become the pivotal location for diplomatic analysis used by decision-makers in the home country. 129• Limited performance of Function of protection by Virtual and Metaverse Embassy.

Negotiation
• The feasibility of executing the functions of negotiation, safeguarding, and gathering and disseminating information via a virtual embassy should be contingent upon the significance of in-person, real-time interaction to execute the negotiation.
• By its very nature, an virtual embassy lacks a physical presence, which constitutes a considerable hindrance to the effective execution of its functions, thereby undermining its importance.
of VCDR stipulates the classic functions of a diplomatic mission; 26 it provides that 'The functions of a diplomatic mission consist, inter alia, representing[…], protecting […], negotiating […] ascertaining and reporting […], and promoting relations with the receiving State […]'.

Table 1 . The Comparison of Traditional, Virtual, 116 and Metaverse Embassy' Technicalities
Virtual Embassy According to the 1961 Vienna Convention on Diplomatic Relations: ...

Table 2 . The Comparison of the Performance of Functions of Diplomatic Mission by Virtual and Metaverse Embassy.
The role of a traditional mission as a spokesperson for the sending State to present their political position can be fulfilled by these embassies.122•Has been exemplified by the Maldives expressing their concern on global climate issues through their virtual embassy. 123

•
Possible performance by Virtual Embassy and Metaverse Embassy.Protection• Diplomatic missions have the responsibility of safeguarding their home country's interests through various means. 124

•
Sending State shall provide forms of protection, including giving advice and guidance about conditions and opportunities in the host State,

•
130• Limited visibility of performance of Function of Negotiation by Virtual Embassy.In line with the prevailing era of abundant electronic information production, gathering information has become significantly more accessible.133Evidencedemonstrates that the internet's influence has rendered diplomatic reporting more efficient, prompt, cost-effective, less formal, and imbued with greater urgency. 134• The performance of this function would be possible by virtual and metaverse embassy.