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Diplomatic and Consular Law PDF
Diplomatic and Consular Law PDF
Diplomatic and Consular Law PDF
It is the right of the state to send and receive diplomatic missions, which enables
states to carry on friendly intercourse. It is governed by the Vienna Convention on
Diplomatic Relations (1961).
The exercise of this right is one of the most effective ways of facilitating and
promoting intercourse among nations. Through the active right of sending
diplomatic representatives and the passive right of receiving them, States are able to
deal more directly and closely with each other in the improvement of their mutual
intercourse.
NOTE: As the right of legation is purely consensual, the State is not obliged to
maintain diplomatic relations with other States.
If it wants to, a State may shut itself from the rest of the world, as Japan did until the
close of the 19th century.
1. Head of State
2. Foreign secretary or minister
3. Members of diplomatic service
4. Special diplomatic agents appointed by head of the State
5. Envoys ceremonial
Diplomatic corps
In international law and diplomatic usage means a person not acceptable (for
reasons peculiar to himself) to the court or government to, which it is proposed to
accredit him in the character of an ambassador or minister.
Agreation
Letter of credence
It is the document by which the envoy is accredited by the sending State to the
foreign State to which he is being sent. It designates his rank and the general object
of his mission, and asks that he be received favorably and that full credence be given
to what he says on behalf of his State.
Letter Patent
Nature
Diplomatic immunity is essentially a political question and the courts should refuse
to look beyond the determination by the executive branch.
Q: Besides the head of the mission, who can enjoy diplomatic immunities and
privileges?
1. Official staff- itis made up of the administrative and technical personnel of the
mission, including those performing clerical work, and the member of their
respective families
NOTE: As a rule, however, domestic servants enjoy immunities and privileges only to
the extent admitted by the receiving State and insofar as they are connected with the
performance of their duties.
NOTE: Waiver of immunity from jurisdiction with regard to civil and administrative
proceedings shall not be held to mean implied waiver of the immunity with respect
to the execution of judgment, for which a separate waiver shall be necessary.
Q: The U.S. Ambassador from the Philippines and the American Consul General
also in the Philippines quarreled in the lobby of Manila Hotel and shot each
other. May Philippine courts take jurisdiction over them for trial and
punishment for the crime they may have committed?
A: The Ambassador is immune from prosecution for all crimes committed by him
whether officially or in his private capacity. The consul is immune from criminal
prosecution only for acts committed by him in connection with his official functions.
The Philippine courts can take jurisdiction over the Consul but not over the
Ambassador
However, in so far as the house and lot to be used as quarters of the nationals of
State X who are studying in the University of Santo Tomas are concerned, the
Register of Deeds correctly refused registration. Here, the prohibition in the
constitution against the transfer of properties to parties other than the Filipino
citizens or corporation 60% of the capital of which is owned by such citizens should
be followed.
Exequatur
An authorization from the receiving State admitting the head of a consular post to
the exercise of his functions. Thus, an appointee cannot start performing his
function unless the receiving State issues an exequatur to him.
Kinds of consul
1. Consules missi Professional or career consuls who are nationals of the sending
State and are required to devote their full time to the discharge of their duties
2. Consules electi May or may not be nationals of the sending State and perform
their consular functions only in addition to their regular callings
NOTE: Examples of regular callings include acting as notary, civil registrar and
similar administrative capacities and protecting and assisting the nationals of the
sending State.
1. Protection of the interests of the sending State and its nationals in the receiving
State.
2. Promotion of the commercial, economic, cultural, and scientific relations of the
sending and receiving States.
3. Observation of the conditions and developments in the receiving State and
report the same to the sending State.
4. Issuance of passports and other travel documents to nationals of the sending
State and visas or appropriate documents to persons wishing to travel to the
sending State.
5. Supervision and inspection of vessels and aircraft of the sending State.
Immunity of consuls
Consuls enjoy their own immunities and privileges but not to the same extent as
those enjoyed by the diplomats. Like diplomats, consuls are entitled to:
1. Inviolability of their correspondence, archives and other documents
2. Freedom of movement and travel
3. Immunity from jurisdiction for acts performed in their official capacity; and
4. Exemption from certain taxes and customs duties
Liabilities of consuls
NOTE: Members of a consular post are under no obligation to give evidence on the
following situations:
a. Concerning matters connected with the exercise of their functions
b. To produce official correspondence and documents
c. To give evidence as expert witness with regard to the law of the sending
State
Extent: With respect to that part where the consular work is being performed;
NOTE: With respect to expropriation by the receiving State, steps shall be taken
to avoid impeding the performance of consular functions, and prompt, adequate
and effective compensation shall be paid by the sending State.
1.A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the
receiving State. He shall also enjoy immunity from its civil and administrative
jurisdiction
XPNs:
a. A real action relating to private immovable property situated in the territory of
the receiving State, unless he holds it on behalf of the sending State for the
purpose of the mission;
b. An action relating to succession in which the diplomatic agent is involved as
executor, administrator, heir or legatee as private person and not on behalf of
the sending State;
c. An action relating to any professional or commercial activity exercised by the
diplomatic agent in the receiving State outside of his official functions (Vienna
Convention of Diplomatic Relations, Art. 31).
2. A consular officer does not enjoy immunity from the criminal jurisdiction of the
receiving State and are not amenable to the jurisdiction of the judicial or
administrative authorities of the receiving State in respect of acts performed in
the exercise of consular functions.
1. Resignation
2. Accomplishment of the purpose
3. Death
4. Abolition of the office
5. Removal
Consuls belong to a class of State agents distinct from that of diplomatic officers.
They are not clothed with diplomatic character and are not accredited to the
government of the country where they exercised their consular functions; they deal
directly with local authorities
They do not represent their State in its relations with foreign States and are not
intermediaries through whom matters of State are discussed between governments.
Consuls look mainly after the commercial interest of their own State in the territory
of a foreign State.