Diplomatic and Consular Law

 Consular relations – carried out by consuls  Consul - no universally acceptable definition - differs from a diplomat (level of business, nature of work, importance of protection)

 Proxenity (in the Greek city states) from the 6th century BC  Praetor peregrinus (in the Roman Empire) from the 3rd century BC  the term´consuls´ (consules missi) first used for venetian officials in Constantinopl (Byzantium) in the 12th century  ´capitulations´ between western nations and Turkey after 1453

 strenghtening the role of consuls with the expansion of industry and maritime trade  great number of bilateral consular treaties (France and Spain, 1769) – the only source of consular law up to 20th century  codification: 1928 Havana Convention on Consular Agents (regional); 1963 VCCR; 1967 European Convention on Consular Functions (CE, not yet in force)

 On the basis of mutual consent  Dependance on diplomatic relations is relative  Recognition of state is required  Slovak practice in Kosovo (Consular dpt. of Embassy in Belgrad + Liaison Office in Pristina)

 Head of a consular post (GC/C/VC/CA) +  Other consular officers (consular staff) = consular officers  Consular employees  Service staff

 2 types (according to category of head of the post): - consulate - honorary consulate  4 classes (according to rank of head of the post): - consulate-general - consulate - vice-consulate - consular agency

 Practice of the SR: + consular dpt. within the embassies + only general consulates (9)– Shanghai - Munich - Krakow - Békes Csába - S. Peterburg - LA; NY - Istanbul - Uzhgorod

 Depends on bilateral agreement  If there is none Art. 20 (criteria of reasonability + circumstances)

1) Nomination of MFA of sending State + request adressed to receiving State 2) Official authorisation – exequatur 3) Appointment by MFA - Commission/other document 4) Presentation the Commission to MFA of receiving State = the day of taking up official function 5) Persona non grata /not acceptable

 Official authorisation of RS (analogy to agrément)  RS may refuse to grant it (without giving any reason)  provisional admission is possible (while waiting for)  The date of granting determines seniority and precedence

 Defined in Art. 5 of VCCR (basically administrative)  Carried out within a consular district - whole territory of RS - a part of territory - more than one state

 Fundamental consular function  Condition of nationality of SC /of EU Member  State of emergency  Involves: - assisting or repatriating the distitute - helping nationals in the case of arrest/detention - tracing the relatives - visiting in hospital  Important notification duty of RC (Art. 36) – breached by US in LaGrand Case (ICJ 2001)

 Use of national flag and emblem  Inviolability of premises (not absolute)  Exemption from taxation  Inviolability of archives (´wherever they may be´)  Freedom of movement  Freedom of communication

 Personal inviolability  Immunity from jurisdiction  Exemption from registration of aliens  Exemptions from work permits  Social security exemption  Exemption from taxation  Exemptions from custom duties  Exemptions from personal services and contribution

 On notification made by the SS  On withdrawal of the exequatur  On notification made by the RS (persona non grata)  By death

Dr. Michaela RIŠOVÁ 2011/2012