Consular Privileges and Immunities

By Irvin Grieve Stewart | Go to book overview

CHAPTER II
INVIOLABILITY OF CONSULAR ARCHIVES

INVIOLABILITY Of the consular archives is almost universally considered as essential to the discharge of the consular office. The question of what constitutes the archives does not present much difficulty; consular regulations frequently go into considerable detail in the specification of the exact titles of the records which are included in that category. Generally, it may be said that all official papers, records and documents in the possession of the consul in the discharge of his duties form a part of the archives. More specifically, the following are clearly stamped with this character: communications between the consul and his government; correspondence on official matters with the diplomatic and other consular officers of his government; communications with the central (where permitted) and the local authorities of the receiving state; correspondence with the officers of third states when on official matters; correspondence with private individuals in furtherance of the consular functions; information acquired and put on record by the consul in the discharge of his duties; and the various books and records which his government requires him to keep. The distinguishing characteristic of this group of papers is that all have come into the possession of the consul by virtue of his consular office, as distinguished from his position as a private individual.

The protection which international law extends applies. only to these official documents; any attempt on the part of

-35-

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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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