LAW 221: INTERNATIONAL LAW Dr. Başak Çalı

Outline Regulation of Diplomatic Relations in International Law Regulation of Consular Relations in International Law Outline

Is there a duty to evacuate diplomats in case of an armed conflict? Is there a duty on behalf of the sending state to evacuate all its nationals in case of an armed conflict?

What is temporary third party protection?

United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) (1980)

Debate : Immunity from domestic criminal and some civil prosecutions Diplomatic Immunity or Diplomatic Impunity? Debate : Immunity from domestic criminal and some civil prosecutions

Vienna Convention on Consular Relations (1963) 176 State Parties

Believing that an international law convention on consular relations, priviledges and immunities would also contribute to the development of friendly relations among nations…. Rationale

What kinds of consular officers are there?

Does a state that has consented to the establishment of diplomatic relations also need to consent to the establishment of consular relations? Does the severence of diplomatic relations involve the severence of consular relations?

What is the difference between a diplomatic mission and a consular mission?

Consular functions Consular protection Furthering development of commercial, economic, cultural, scientific relations Administrative duties with regard to nationals, vessels of nationals Travel and visa documents for nationals of other countries Safeguarding the interests of minors Judicial assistance Other functions Consular functions

What is an exequatur?

Can a consular officer perform diplomatic acts?

Can a citizen of the receiving state become a consular officer for the sending state?

Can a consular officer be declared persona non grata?

What protection, if any, shall the receiving state afford to consular offices in the event of an armed conflict?

What principles govern the inviolability of consular premises? Can the authorities of the receiving state enter into consular premises? Can the authorities of the receiving state expropriate the property of the consular office?

Are consular premises exempt of receiving state tax?

La Grand Case (2001) Avena Case (2004) Article 36 cases

Is the imunity regime governing consular officers the same as diplomatic officers?

Type of officer Personal Immunity from criminal prosecution Functional immunity Liability to give evidence in court Diplomatic officer Full Immunity Yes No Consular officer Immunity expect in the case of a grave crime Honorary consular officer Yes- by way of receiving state protection

Self Determination in IL Legal Sources: UN Charter Common Article 2 of the ICCPR and ICESCR Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations Self Determination in IL

Next Week Read the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations Read the Treaty of Lausanne Read Framework Convention on the Protection of National Minorities (Council of Europe)

The Nature of the Right to Self-Determination in IL It is the right of a collective entitiy. It belongs to both states and peoples that live within existing states. Which people have a right to self-determination? What does it mean to realise the right to self –determination? The Nature of the Right to Self-Determination in IL