Details
- The long-awaited third edition of the classic work on Consular Law
- Provides systematic analysis of the Vienna Convention on Consular Relations and its impact on State practice
- Discusses high-profile ICJ cases where one country has sued another for failing to facilitate contact between a person arrested and their consul- including cases against the USA
- Discusses the impact of the many bilateral treaties on consular law, providing material applicable to individual jurisdictions including substantial coverage of Europe
- Texts of the major treaties including the Vienna Convention on Consular Relations and the European Convention on Consular Functions are provided
New to this edition
- New chapter providing expanded coverage on the topical issue of nationals charged with criminal offences
- Discusses recent high-profile ICJ cases where one country has sued another for failing to facilitate contact between a person arrested and their consul- including cases against the USA
First published in 1961, Consular Law and Practice is a classic work of great interest and practical use to diplomats, consuls, and international lawyers.
When persons are out of their home country, consuls are their link with home and a source of assistance. The roles of consuls are many and varied. Consuls promote commerce between the home country and the host country and assist businesspeople in making contacts and in completing commercial transactions. Consuls also handle problems that arise for seafarers and merchant shipping vessels of the home country when they are in port in the host country. When a home country citizen dies while in the host country, consuls may facilitate burial or shipment of the remains home, or deal with the person's estate. Consuls assist individuals arrested on a criminal charge in the host state by visiting them in jail, advising them about the legal system of the host state, and helping to find them a lawyer. If the person is convicted, consuls visit them in prison and may help to secure a transfer to a prison in the home country.
This fully updated third edition explains consular privileges and immunities and how consular functions are handled in time of peace and war, when the receiving state experiences civil war, or when the sending and receiving states break off diplomatic or consular relations. It provides valuable background by describing how consular law developed historically and how it became solidified in 1963 in the Vienna Convention on Consular Relations. It explores the many bilateral consular treaties which supplement the Vienna Convention, examines the traditional and changing role of consuls, explains diplomatic privileges and immunities, and discusses the function of consuls as ambassadors in cultural and scientific exchange.
Part i. Introduction
1: Historical Evolution
2: Definitions
3: Classification
Part ii. Consular Relations in General
4: Consular Relations and Consular Posts
5: Acquisition of Consular Status
6: Termination of Consular Status
Part iii. Consular Functions
7: Consular Functions
8: Protection of Nationals
9: Nationals Charged with Criminal Offences
10: Passport and Visa
11: Notarial and Registration Services
12: Marriage and Divorce
13: Estate Functions
14: Extradition and Civil Procedure
15: Informational, Cultural, Scientific, and Tourist Functions
16: Shipping
17: Promotion and Protection of Trade
18: Child Abduction
19: Refugees
20: Protection of Other Non-Nationals
Part iv. Privileges and Immunities
21: Privileges and Immunities
22: Facilities
23: Inviolability of Consular Premises
24: Writs of Process
25: Consular Archives and Documents
26: Freedom of Movement
27: Consular Communications
28: Protection and Inviolability of Consuls
29: Immunity from Local Jurisdiction: The Functional Approach
30: Immunity from Local Jurisdiction: The Diplomatic Approach
31: Immunity from Local Jurisdiction: Road Traffic Matters
32: Liability to Give Evidence
33: Social Legislation and Civic Service
34: Exemption from Taxation
Part v. Honorary Consuls
35: Honorary Consuls
Part vi. Consuls, Diplomats, and the United Nations
36: Consuls as Diplomats
37: Diplomats as Consuls
38: Consuls and the United Nations
39: Performance of Consular Functions by Other Officials
Part vii. Conclusions
40: Relations between the Vienna Convention on Consular Relations and Other Treaties
41: Settlement of Disputes
42: Signature and Accession
43: Conclusions
Appendices
Luke T. Lee J.D., International Consultant on Consular Law and Human Rights, and John Quigley, President's Club Professor in Law, The Ohio State University
"In eighteen years since Lee's Second Edition there has been a major shift in consular functions- access to and protection of nationals in detention assuming much greater importance politically as well as legally. The Third Edition well reflects this, with thorough analysis of recent cases before the International Court and with the US Supreme Court, as well as recent conventions and changes in practice since the end of the Cold War. An excellent handbook for the lawyer and for career and honorary consuls struggling with the demands of huge numbers of travellers in foreign lands." - Eileen Denza, Visiting Professor, University College London
Review(s) from previous edition
"...a work of considerable academic standing... extensively researched, and much attention has been paid to detail. It provides insight into consular activity and demonstrates the relationship between convention and customary international law. The text will serve as an invaluable reference tool to those engaged in consular activity, as well as serving the needs of those with either a developed or passing interest in what is one of the oldest forms of international activity... - Rebecca M. M. Wallace, The British Year Book of International Law 1991
"...a welcome addition to the literature on this subject which, although very important in the practical world, is all too rarely the subject of learned writing ... an important work of reference on this vital area of international law..." - BC.A. Whomersley, The International and Comparative Law Quarterly, Volume 41, 1992
"...successfully touches on virtually every aspect of consular law and practice...an interesting overview of the field and a useful reference work for all whose work concerns either services to nationals abroad or commercial dealings with consular officials..." - The American Journal of International Law
