Summary Of Public International Law_legation And Consuls.docx

Right of Legation -most effective ways of facilitating and promoting intercourse among states Active Legation- right of sending representatives Passive Legation- right of receiving representatives

AGENTS OF DIPLOMATIC INTERCOURSE1. Head of the State 2. Foreign Secretary/Minister 3. Members of Diplomatic Service

Commencement of Diplomatic Mission 1. 2. 3. 4.

DIPLOMATIC FUNCTIONS 1. 2. 3. 4. 5.

-utmost discretion and tact -preserve goodwill

Envoys Ceremonial- attend state functions e.g. coronation

HEAD OF STATE-sacrosanct (property, archives and transportation are inviolable; -exempt from criminal and civil jurisdiction, not subject to tax and currency exchange FOREIGN SECRETARY- external affairs, representative of the head of the state DIPLOMATIC ENVOYS- ANEMIC (Ambassadors, Nuncios, Envoys, Ministers, Internuncios and Charge de Affaires DIPLOMATIC CORPS- body of diplomatic representatives accredited by receiving state -heade by doyen du corp- oldest member/highest rank / Papal Nuncio

AGREATION- informal inquiries from receiving state on a proposed representative -Agrement/Consent- informal manifestation of receiving state -Appointment -Accredited

Representing State Protecting Sending State Negotiating Ascertaining and Reporting Promoting friendly relations

Conduct of Diplomatic Mission

May appoint special diplomatic agents with ceremonial or political duties

Envoys Political-to negotiate with particular state or attend international conference

Letter of Credence Diplomatic Passport Official Instruction Cipher/Code Book for Secret Communications

-avoid interference of internal affairs -avoid aiding political parties and criticizing policies DIPLOMATIC IMMUNITY AND PROVILEGES 1. Personal Inviolability 2. Immunity from Jurisdiction Except: real action, succession, professional or commercial exercise 3. Inviolability of Diplomatic Premises Except: diplomatic asylum 4. Inviolability of Archives 5. Inviolability of Communication 6. Exemption from Testimonial Duties- not obliged to give evidence as witness 7. Exemption from Taxation-personal baggage are free from inspection 8. Other Privileges DIPLOMATIC SUITE OR RETINUE 1. 2. 3. 4.

Diplomatic Staff Adminsitrative Staff Technical Staff Service Staff

Starts when entering territory of receiving state, or upon notification of his appointment Terminates : (Municipa Law) D-eath, Resignation, R-emoval, Abolition of Office (Intl Law) R-ecall and D-ismissal

President- appoints ambassadors and public ministers and consuls, subject to COAppointment -receving amba etc are exclusive

WAR, Extinction of state and change of government

CONSULS- state agents residing abroad for various reasons e.g. commercial and navigation Kinds of Consuls: 1. Consules Missi- prof and career consuls who are nationals of appointing state, full time in consular duties 2. Consules Electi- may not be nationals and perform function only in addition to regular duties Classification: 1. 2. 3. 4.

Consul-General Consul Vice-Consul Consular Agent

Appointment of Consuls: 1. Letter Patent- commission issued by sending state 2. Exequatur- authority given by receiving state Functions: 1. Commerce and Navigation 2. Issuance of Passports and visas 3. Protection of Nationals- look after fellow nationals and extend official assistance (authenticate docs, solemnize marriage, register birth and death, administer estate of deceased nationals, visit arrested national Principal Duty- promote commercial interest of the country and observe commercial trends and devts and report to sending state Navigation Duties- visiting and inspecting vessels of own states, inspecting foreign vessels destined to port of sending state IMMUNITY AND PRIVILEGES: 1. Free Communication 2. Inviolability of Archives 3. Exempt from Local Jurisdiction of crimes Also extended to families and private staff