The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview

290. Termination of Consular Functions . -- The consular office terminates through death, recall or dismissal, revocation of the exequatur, or war.30 It is a principle universally recognized that a change in the headship of the appointing or receiving State does not terminate the functions of a consul. Neither a new commission nor exequatur are necessary.31

291. Consular Jurisdiction in non-Christian Countries . -- In China and a few non-Christian countries in Asia and Africa,32 the consuls have not only retained their earlier jurisdiction33 over their own countrymen, but they also enjoy most of the diplomatic privileges and immunities. These include inviolability, certain marks of honor and respect, immunity from civil and criminal jurisdiction, and other miscellaneous rights and privileges.34


BIBLIOGRAPHY

Consuls . -- 11, 12, 13, and 15 Annuaire ( 1896), 348 ff., 277 ff., 179 ff., and 275 ff., respectively; Bluntschli, Arts. 244-75; Bodin, Les immunités consulaires ( 1899); Bonfils or * 1 (3 Pt.) Fauchille, Nos. 733-75; Bulmerincq, in 3 Holtzendorff, 687-720, 738-53, and in 1 Marquardsen, Handbuch, §§ 70, 72, 74, 77, 81; 3 Calvo, §§ 1368- 1430, 1445-5, and 1 Dictionnaire de droit int. ( 1885), Art. Consul;

____________________
30
It is doubtful whether the functions of a consul terminate when his district is annexed, ceded to, or conquered by another State. Oppenheim (I, § 437) thinks the answer should be in the affirmative.

On the status of American consuls in Belgium after the occupation by German troops, see documents in Spec. Supp. to 10 A. J. ( 1916), 445-59. Cf. comments in 2 Hyde, § 701, p. 386; and 1 Oppenheim ( 3d ed.), p. 603.

For Instructions to Diplomatic and Consular Officers of the United States entrusted with the interests of foreign governments at war with the governments to which such officers are accredited, see Supp. to 9 A. J. ( 1915), 118-20.

31
1 Oppenheim, § 438.
32
The extraterritorial privileges and immunities of consuls were abolished in Japan in 1899. They were practically abolished in Turkey by the Treaty of Lausannes in 1923, and seem now in process of abolition in China.
33
This extraterritorial jurisdiction seems to be based upon the right of protection -- a right which extends even to natives who are taken under the protection (protégés) of the foreign diplomatic or consular legations. It is derived from treaties or capitulations (see Brown, Foreigners in Turkey ( 1914), ch. 2; and 1 Twiss, ch. 14), and reenforced by custom or prescription.
34
Since this highly complicated and technical subject forms no part of general International Law and seems destined soon to disappear altogether, it has not been deemed necessary to enter upon a detailed discussion of it, either in the text or in notes. For Bibliography, see pp. 425-26.

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