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Diplomatic and Consular Law
Diplomatic and Consular Law
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.
Disadvantage: A policy of isolation would hinder the progress of a State since it would be
denying itself of the many benefits available from the international community.
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
It is a body consisting of the different diplomatic representatives who have been accredited
to the same local or receiving State. It is headed by a doyun de corps, who, by tradition, is the
oldest member within the highest rank or, in Catholic countries, the papal nuncio.
NOTE: The appointment of diplomats is not merely a matter of municipal law because the
receiving State is not obliged to accept a representative who is a persona non grata to it.
Indeed, there have been cases when duly accredited diplomatic representatives have been
rejected, resulting in strained relations between the sending and receiving State.
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
It is a practice of the States before appointing a particular individual to be the chief of their
diplomatic mission in order to avoid possible embarrassment.
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- it is made up of the administrative and technical personnel of the mission,
including those performing clerical work, and the member of their respective families
2. Non-official staff- composed of the household help, such as the domestic servants,
butlers, and cooks and chauffeurs employed by the mission
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.
1. Personal inviolability – Members of diplomatic mission shall not be liable for any form
of arrest or imprisonment
2. Inviolability of premises – Premises, furnishings and means of transport shall be
immune from search, seizure, attachment or execution.
3. Archives or documents shall be inviolable
4. Diplomatic agents are immune from criminal, civil or administrative liability.
5. Receiving State shall protect official communication and official correspondence of
diplomatic mission.
6. Receiving State shall ensure all members of diplomatic mission freedom of movement
and travel.
7. A diplomatic agent is exempted to give evidence as a witness.
8. Exemption from general duties and taxes including custom duties with certain
exceptions.
9. Use of flag and emblem of sending State on premises of receiving State.
1. Any real action relating to private immovables situated in the territory of the receiving
State unless the envoy holds the property in behalf of the sending State.
2. Actions relating to succession where diplomatic agent is involved as executor,
administrator, heirs or legatee as a private person and not on behalf of the sending State
3. An action relating to any professional or commercial activity exercised by the
diplomatic agent in the receiving State outside his official functions
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.
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 Consuls
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.
1. Letter patent or letter ‘de provision – Which is the commission issued by the sending State,
and
2. Exequatur – Which is the permission given them by the receiving State to perform their
functions therein.
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. (Article 31 of the Vienna Convention on
Consular Relations and Optional Protocols)
Diplomatic Immunity vs. Consular Immunity
On entry of agents of XPN: Consent of the head of XPN: Consent of the head of
the receiving state the mission the consular post.
Consent is assumed in case of
fire or other disasters
requiring prompt protective
action
Personal baggage of a Consular bag shall not be
diplomatic agent shall not be opened. It may be requested
opened that the bag be opened in their
presence by an authorized
As to inviolability of representative of the receiving
baggage state if they have serious
reason to believe that the bag
contains objects of other
articles, documents,
correspondence or articles
Not obliged to give evidence May be called upon to attend
As a witness before as a witness as a witness; if declined, no
the court coercive measure or penalty
may be applied
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.
DIPLOMATIC RELATIONS
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.