Diplomatic and Consular Practice in Contemporary International Law: Problems and Prospects
Diplomatic and Consular Practice in Contemporary International Law: Problems and Prospects.
ABSTRACT
The saying that no nation is an island is true indeed. Nations necessarily must interact with others within the international system.
Accordingly, the development of socio-political and economic relations among nations also necessitated the emergence of appropriate laws and regulations to guide the actions of representatives of these nations and the host states.
This research work has therefore assessed diplomatic and consular practice not only in contemporary times but also in antiquity.
The objectives of this research work are to assess the role of diplomatic and consular practice in contemporary international law; to examine the effectiveness of the law governing diplomatic and consular practice in contemporary times; to examine privileges and immunities and how these increase the effectiveness of diplomats
To identify actors on the diplomatic stage and their scope of production; to examine causes and cases of abuse of privileges and immunities, and to determine and address the conundrums that exist in the law governing diplomatic and consular practice today.
It has made use of secondary sources of data which include the published texts for the historical and theoretical analysis of this research work.
TABLE OF CONTENTS
TITLE PAGE . . . . . .. i
DECLARATION . . . . . .. ii
CERTIFICATION . . . . . .. iii
ACKNOWLEDGEMENT. . . . .. iv
DEDICATION . . . . . .. viii
TABLE OF CONTENTS. . . . .. ix
TABLE OF CASES. . . . . .. xvii
TABLE OF STATUTES . . . . .. xx
ABBREVIATIONS. . . . .. . xxiii
ABSTRACT. . . . . . .. xxiv
CHAPTER ONE:INTRODUCTION
1.1 BACKGROUND TO THE STUDY . .. .. 1
1.2 STATEMENT OF THE PROBLEM . .. .. 5
1.3 LITERATURE REVIEW . . … .. .. 6
1.4 AIMS OF THE STUDY . . … .. .. 29
1.5 SIGNIFICANCE OF THE PROJECT … .. .. 29
1.6 METHODOLOGY . . . … .. .. 30
1.7 SCOPE AND LIMITATIONS OF THE STUDY .. 31
1.8 THEORETICAL BASIS OF PRIVILEGES AND
IMMUNITIES . . .. .. .. 31
1.8.1 The Theory of Extra-territoriality .. .. .. 33
1.8.2 The Theory of Representation .. .. .. 35
1.8.3 The Theory of Functional Necessity .. .. 36
1.9 CONCEPTUAL CLARIFICATIONS .. .. .. 37
CHAPTER TWO: EVOLUTION OF DIPLOMACY
2.1 INTRODUCTION . . . .. .. .. 43
2.2 THE ORIGIN OF DIPLOMACY .. .. .. 44
CHAPTER THREE: ACTORS ON THE DIPLOMATIC STAGE
3.1 INTRODUCTION . . . . .. .. 66
3.2 ACTORS ON DIPLOMATIC STAGE .. .. 66
3.3 ROLES OF ACTORS ON DIPLOMATIC STAGE.. 75
3.4 METHOD EMPLOYED ON DIPLOMATIC STAGE.. 77
3.4.1 Treaties . . . . . .. .. 77
3.4.2 Negotiation. . . . . .. .. 98
3.5 AN ANALYSIS OF FUNCTIONS OF
DIPLOMATIC AGENTS .. .. .. .. .. 100
3.5.1 Representing the Sending State in the
Receiving State . . . . .. .. 103
3.5.2 Negotiation with the Government of the
Receiving State . . . . .. .. 104
CHAPTER FOUR: SOURCES OF DIPLOMATIC AND CONSULAR LAW
4.1 INTRODUCTION . . . . .. .. 165
4.2 SCOPE OF THE ACT . . . .. 166
4.2.1 Immunities of Foreign Envoys and Consular
Agents .. .. .. .. .. 166
4.2.2 Immunities of Chief Representative of a
Commonwealth Country . . . 169
4.2.3 Immunities of Members of Staff and
Families . . . . . .. .. 170
4.2.4 Consular Immunity . . . .. .. 171
4.2.5 Immunities of Commonwealth
Representatives. . . . .. .. 172
4.2.6 Honorary Consuls . . . .. .. 173
4.2.7 Immunities of International Organisations .. 174
4.2.8 Immunities and Privileges of Representatives,
Members of Committees, Senior and Persons
on Missions . . . . .. .. 175
CHAPTER FIVE: INTERNATIONALLY PROTECTED PERSONS
5.1 INTRODUCTION . . . .. .. 230
5.2 INTERNATIONALLY PROTECTED PERSONS.. 234
5.3 SCOPE OF PROTECTION. . .. .. 238
5.3.1 Diplomatic Agents . . . .. 239
5.3.2 Legal Implications of the violation of
Premises of Diplomatic Missions . .. 248
5.3.3 Measures taken against the violation of
Diplomatic Immunities . . . .. 255
5.3.4 Consular Officers . . . . .. 256
5.3.5 Special Missions . . . . .. 260
5.3.6 Heads of State and Heads of Government .. 262
5.3.7 Representatives to Intergovernmental
Organizations . . . . .. .. 264
5.3.8 International Officials . . . .. .. 265
5.4 OTHER PERSONS BENEFITING FROM
PRIVILEGES AND IMMUNITIES. .. .. .. 270
CHAPTER SIX: TECHNICAL CONSIDERATIONS
6.1 APPOINTMENT AND COMMENCEMENT
OF PRIVILEGES AND IMMUNITIES . .. 316
6.2 DURATION OF PROTECTION . . .. 325
6.2.1 Termination of Diplomatic Missions . .. 326
6.2.2 Break of Diplomatic Relations . .. 330
6.2.3 Waivers . . . . . .. .. 333
6.2.4 Other Instances . . . . .. .. 338
6.3 ENFORCEMENT OF PRIVILEGES
AND IMMUNITIES .. .. .. .. 341
CHAPTER SEVEN: ABUSE OF PRIVILEGES AND IMMUNITIES
7.1 SCOPE AND WHAT CONSTITUTES ABUSE .. 353
7.2 EXTENT AND REASONS FOR ABUSE .. .. 360
7.3 DEALING WITH ABUSE . . .. 369
CHAPTER EIGHT: SUMMARY AND CONCLUSION
8.1 OBSERVATIONS AND RECOMMENDATIONS. 377
8.2 CONTRIBUTION TO KNOWLEDGE.. .. .. 395
8.3 AREAS FOR FURTHER RESEARCH.. .. .. 396
REFERENCES. . . . . .. .. .. 398
INTRODUCTION
Diplomatic and consular representation of States is governed by International law. In contemporary times the task of international law is quite mammoth. In recent times the world is seen to be a global village where actions of States affect others and this makes it increasingly difficult to see what really falls within the domestic jurisdiction of States
The end of the cold war and the resultant emergence of new autonomous states in the former Soviet Union and other socialist states appear to create new challenges for diplomatic and consular law. The renewed desire of Western capitalist nations to invest and interchangeably carry out diplomatic and consular relations.
Indeed in the words of the South Commission: It is quite likely the changes in East-West relations and within the countries of Eastern Europe …may cause the North to divert attention and resources away from 1 Charter of the United Nations Organisation, Article 2 Paragraph 7. 2 the South, at least in the short term.
REFERENCES
Anger B. and Jande G. Basic Principles of International Law Makurdi: Bencos Printing and Publishing Company; 2002.
Bloomfield, L.M and Fitzgerald, G.F. Crimes Against Internationally Protected Persons: Prevention and Punishment: An Analysis of the U.N. Convention London: Praeger Publishers;1975.
Bowett, D.M. The law of International Institutions London: Stevens & Sons Ltd.; 1975. 610p.
Cariton, D. and Schaerf. C. eds. International Terrorism and world Security London: Goom Helon; 1975. 320p.
Gasiokwu, M. U. and Dakas, C. J. Contemporary Issues and Basic Documents on Diplomatic and Consular Law. Nigeria: Mono Expressions Ltd.; 1997. 354p.
Gerhard, V. G. Law Among Nations New York: Macmillan Publishers Co. Inc; 1979. 291p.
Gilpin, The Political Economy of International Relations Princeton: Princeton University Press; 1987. 382p.
Hamilton, K. and Langhorne, R. The practice of Diplomacy: Its evolution, theory and administration London: Pointing-Green Publishing Services; 1995. 278p.
CSN Team.
