Consular Privileges and Immunities

By Irvin Grieve Stewart | Go to book overview

CHAPTER III
DISPLAY OF THE NATIONAL INSIGNIA, POSITION OF THE CONSULATE, AND THE QUESTION OF ASYLUM

ONE clearly defined group of privileges which have at times been claimed centers around the buildings in which the consular office and dwelling are located. In its broadest form this consists of a claim that the consular office is inviolable; and this inviolability has been claimed upon occasions when the consulate has been used as a place of asylum. In a more modified form it consists of a claim of a right to fly the national flag and to place an inscription on the door of the consulate, together with a right to a certain "respect" for the office; and to the more substantial privilege of inviolability of the consular archives. These items are sufficiently distinct to warrant a separate study of each.


DISPLAY OF THE NATIONAL FLAG AND ARMS

Texts usually state that the display of the national flag and the use of an inscription indicating the nature of the consular office are secured to consuls by custom; and almost uniformly treaty provisions guarantee this privilege. The use of some means to designate the consular office is imperative; and the practice of using the national coat of arms and the inscription "Consulate of -----" (or its equivalent) has developed. So general is the practice and so necessary is it, that it may be said to have a basis in international law. The display of the flag, however, rests upon different grounds. Some text writers claim that this latter is a right which the consul is entitled to enjoy; and it must be admitted that there is a basis for such a statement in occasional official documents. Others more correctly contend that it is simply

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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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