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Contents
Consular Law and Practice, 3rd Edition by Lee, Luke T.; Quigley, John B (3rd July 2008)
- Preliminary Material
- To All Consular Officers
- Preface
- Contents
- Tables
- Abbreviations
- Table of Cases
- International Instruments
- Main Text
- Part I Introduction
- Part II Consular Relations in General
- 4 Consular Relations and Consular Posts
- 1 General
- 2 Consular Relations between Commonwealth Countries
- 3 Criteria for Establishing Consular Posts
- 4 The Principle of Parity
- 5 Size of the Staff
- 6 Where Sending State is also Receiving State
- 7 Consuls for more than One Country
- 8 Absence of Diplomatic Relations
- 9 Non-Recognition
- 10 Consular Status in Third States
- 11 Respect for Local Laws and Non-Interference
- 5 Acquisition of Consular Status
- 6 Termination of Consular Status
- 1 General
- 2 Notification of Termination by the Sending State
- 3 Withdrawal of Consent by the Receiving State
- 4 Death of Consuls
- 5 Extinction of State
- 6 Unrecognised Government
- 7 War, Severance of Diplomatic or Consular Relations, and Closing of Consular Posts
- 8 Termination of Consular Status and Termination of Consular Privileges and Immunities
- 4 Consular Relations and Consular Posts
- Part III Consular Functions
- 7 Consular Functions
- 8 Protection of Nationals
- 9 Nationals Charged with Criminal Offences
- 1 General
- 2 Consular Access before the Vienna Convention
- 3 Consular Access at the Vienna Conference
- 4 Automatic Notification
- 5 Role of Consuls in Assisting Nationals
- 6 Privacy of Communication
- 7 Arrest, Custody, Detention
- 8 Timing of Consular Access
- 9 Complaints by States and by Nationals
- 10 Consular Access as a Right of the Detained National
- 11 Availability of a Judicial Remedy
- 12 Due Process Implications of Consular Access
- 13 Standard for a Judicial Remedy
- 14 Conflict with Domestic Law
- 15 Irregular Detention
- 16 Prisoner Visits and Transfer
- 10 Child Abduction
- 11 Refugees
- 12 Protection of Other Non-Nationals
- 13 Passport and Visa
- 14 Notarial and Registration Services
- 15 Marriage and Divorce
- 16 Estate Functions
- 17 Extradition and Civil Procedure
- 18 Informational, Cultural, Scientific, and Tourist Functions
- 19 Shipping and Aviation
- 20 Promotion and Protection of Trade
- Part IV Privileges and Immunities
- 21 Privileges and Immunities
- 22 Facilities
- 23 Inviolability of Consular Premises
- 1 General
- 2 Conditional Immunity
- 3 Vienna Convention on Consular Relations
- 4 Consular Residences
- 5 Requisition or Expropriation
- 6 Search, Attachment, or Seizure
- 7 Asylum
- 8 Violence against Consular Premises
- 9 Protection against Picketing
- 10 Exceptional Circumstances
- 11 Honorary Consulates
- 12 Beginning and End of Inviolability
- 24 Writs of Process
- 25 Consular Archives and Documents
- 26 Freedom of Movement
- 27 Consular Communications
- 1 General
- 2 With Nationals of Sending State
- 3 With Other Private Persons or Bodies
- 4 With Officials of Sending State: Peacetime
- 5 With Officials of Sending State: In Time of War or Emergency
- 6 With Officials of Receiving State
- 7 Language of Official Communications
- 8 Vienna Convention and the Consular Bag
- 9 ILC Draft on the Diplomatic Courier and Bag
- 10 Personal Search and Electronic Screening
- 28 Protection and Inviolability of Consuls
- 1 General
- 2 Protection of Consuls Pre-Vienna
- 3 Protection of Consuls under the Vienna Convention
- 4 Tehran Hostages Case
- 5 Attacks Not Facilitated by Receiving State
- 6 Treaties to Prevent Attacks on Consuls
- 7 Firearms
- 8 Armed Guards at Consulates
- 9 Immunity from Arrest, Prosecution, or Imprisonment
- 10 Immunity of Consuls upon Death
- 29 Immunity from Local Jurisdiction: The Functional Approach
- 30 Immunity from Local Jurisdiction: The Diplomatic Approach
- 31 Immunity from Local Jurisdiction: Road Traffic Matters
- 32 Liability to Give Evidence
- 33 Social Legislation and Civic Service
- 34 Exemption from Taxation
- Part V Honorary Consuls
- Part VI Consuls, Diplomats, and the United Nations
- Part VII Conclusions
- Further Material
- Appendix 1 Selected Consular Treaties
- Appendix 2 The United Nations Conference on Consular Relations
- Final Act
- Resolutions Adopted by the Conference
- Vienna Convention on Consular Relations Signed at Vienna, April 24, 1963
- Art.1 Definitions
- Ch.I Consular Relations in General
- s.I Establishment and Conduct of Consular Relations
- Art.2 Establishment of consular relations
- Art.3 Exercise of consular functions
- Art.4 Establishment of a consular post
- Art.5 Consular functions
- Art.6 Exercise of consular functions outside the consular district
- Art.7 Exercise of consular functions in a third state
- Art.8 Exercise of consular functions on behalf of a third state
- Art.9 Classes of heads of consular posts
- Art.10 Appointment and admission of heads of consular posts
- Art.11 The consular commission or notification of appointment
- Art.12 The exequatur
- Art.13 Provisional admission of heads of consular posts
- Art.14 Notification to the authorities of the consular district
- Art.15 Temporary exercise of the functions of the head of a consular post
- Art.16 Precedence as between heads of consular posts
- Art.17 Performance of diplomatic acts by consular officers
- Art.18 Appointment of the same person by two or more states as a consular officer
- Art.19 Appointment of members of consular staff
- Art.20 Size of the consular staff
- Art.21 Precedence as between consular officers of a consular post
- Art.22 Nationality of consular officers
- Art.23 Persons declared non grata
- Art.24 Notification to the receiving state of appointments, arrivals and departures
- s.II End of Consular Functions
- s.I Establishment and Conduct of Consular Relations
- Ch.II Facilities, Privileges and Immunities Relating to Consular Posts, Career Consular Officers and Other Members of a Consular Post
- s.I Facilities, Privileges and Immunities Relating to a Consular Post
- Art.28 Facilities for the work of the consular post
- Art.29 Use of national flag and coat-of-arms
- Art.30 Accommodation
- Art.31 Inviolability of the consular premises
- Art.32 Exemption from taxation of consular premises
- Art.33 Inviolability of the consular archives and documents
- Art.34 Freedom of movement
- Art.35 Freedom of communication
- Art.36 Communication and contact with nationals of the sending state
- Art.37 Information in cases of deaths, guardianship or trusteeship, wrecks and air accidents
- Art.38 Communication with the authorities of the receiving state
- Art.39 Consular fees and charges
- s.II Facilities, Privileges and Immunities Relating to Career Consular Officers and Other Members of a Consular Post
- Art.40 Protection of consular officers
- Art.41 Personal inviolability of consular officers
- Art.42 Notification of arrest, detention or prosecution
- Art.43 Immunity from jurisdiction
- Art.44 Liability to give evidence
- Art.45 Waiver of privileges and immunities
- Art.46 Exemption from registration of aliens and residence permits
- Art.47 Exemption from work permits
- Art.48 Social security exemption
- Art.49 Exemption from taxation
- Art.50 Exemption from customs, duties and inspection
- Art.51 Estate of a member of the consular post or of a member of his family
- Art.52 Exemption from personal services and contributions
- Art.53 Beginning and end of consular privileges and immunities
- Art.54 Obligations of third states
- Art.55 Respect for the laws and regulations of the receiving state
- Art.56 Insurance against third party risks
- Art.57 Special provisions concerning private gainful occupation
- s.I Facilities, Privileges and Immunities Relating to a Consular Post
- Ch.III Regime Relating to Honorary Consular Officers and Consular Posts Headed by Such Officers
- Art.58 General provisions relating to facilities, privileges and immunities
- Art.59 Protection of the consular premises
- Art.60 Exemption from taxation of consular premises
- Art.61 Inviolability of consular archives and documents
- Art.62 Exemption from customs duties
- Art.63 Criminal proceedings
- Art.64 Protection of honorary consular officers
- Art.65 Exemption from registration of aliens and residence permits
- Art.66 Exemption from taxation
- Art.67 Exemption from personal services and contributions
- Art.68 Optional character of the institution of honorary consular officers
- Ch.IV General Provisions
- Ch.V Final Provisions
- Optional Protocol Concerning Acquisition of Nationality
- Optional Protocol Concerning the Compulsory Settlement of Disputes
- Appendix 3 Vienna Convention on Diplomatic Relations Signed at Vienna, April 18, 1961
- Art.1
- Art.2
- Art.3
- Art.4
- Art.5
- Art.6
- Art.7
- Art.8
- Art.9
- Art.10
- Art.11
- Art.12
- Art.13
- Art.14
- Art.15
- Art.16
- Art.17
- Art.18
- Art.19
- Art.20
- Art.21
- Art.22
- Art.23
- Art.24
- Art.25
- Art.26
- Art.27
- Art.28
- Art.29
- Art.30
- Art.31
- Art.32
- Art.33
- Art.34
- Art.35
- Art.36
- Art.37
- Art.38
- Art.39
- Art.40
- Art.41
- Art.42
- Art.43
- Art.44
- Art.45
- Art.46
- Art.47
- Art.48
- Art.49
- Art.50
- Art.51
- Art.52
- Art.53
- Appendix 4 European Convention on Consular Functions
- Preamble
- Ch.I Definitions
- Ch.II General Consular Functions
- Ch.III Estates
- Ch.IV Shipping
- Ch.V General Provisions
- Ch.VI Final Provisions
- Annex I
- Annex II
- Protocol to the European Convention on Consular Functions Concerning the Protection of Refugees
- Protocol to the European Convention on Consular Functions Relating to Consular Functions in Respect of Civil Aircraft
- Index
