Consular Privileges and Immunities

By Irvin Grieve Stewart | Go to book overview

CHAPTER I
THE PUBLIC CHARACTER OF CONSULS

FOR a complete understanding of the legal position of consuls at least four, and possibly five, sources of authority must be consulted: viz., the laws and executive regulations of the state which appoints the consul, those of the state which grants him his exequatur, treaties in force between the two states, and the general customs and usages applicable to the subject. To these may be added for the sake of completeness, doctrine as established in the writings of international jurists.

The first of these, the laws and regulations of the state granting the patent, primarily applies between the consul and his government. The consular regulations of many states expressly provide that the consul has no diplomatic character and forbid the invoking of the privileges of diplomatic agents. While such a provision directly concerns only the claims which may be put forward by the consuls appointed by the particular state, it may be taken as a fairly certain indication that the same rule will be applied to consuls whom that state may receive.

Of more importance in the determination of the public character of a consul is the law of the state which receives him. While no state may change the rules of international law, a state may establish a basis in municipal law for a right secured by international law; and it may grant privileges beyond those which international law requires. Naturally this makes it possible for the extent of the immunities to vary

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Consular Privileges and Immunities
Table of contents

Table of contents

  • Title Page 3
  • Preface 5
  • Contents 7
  • Chapter I- The Public Character of Consuls 9
  • Chapter II- Inviolability of Consular Archives 35
  • Chapter III- Display of the National Insignia, Position of the Consulate, and the Question of Asylum 60
  • Chapter IV - Exemption from Taxation 102
  • Chapter V 137
  • Chapter VI 168
  • Bibliography 202
  • Index 211
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