EMERSON R.

NUÑEZ
Public International Law
Diplomatic Relations
•Political relations between States

Consular Relations
•Relationship between foreigners, i.e.
citizens of the sending State and the
receiving State
 Under this doctrine, a State
enjoys immunity from the
exercise of jurisdiction by
another State. The courts of
one State may not assume
jurisdiction over another State.
 On the part of the receiving
state, there lie certain
obligations to protect the
representative and his
property and office.
 Diplomatic relations between
states are purely by mutual
consent.
 •Bilateral
PERMANENT •Multilateral

NON- •Ad hoc

PERMANENT
(a) representing the sending State
in the receiving State;
(b) protecting in the receiving
State the interests of the
sending State and of its
nationals, within the limits
permitted by international law;
(c) negotiating with the Government of
the receiving State;
(d) ascertaining by all lawful means
conditions and developments in the
receiving State, and reporting
thereon to the Government of the
sending State
(e) promoting friendly relations
between the sending State and
the receiving State, and
developing their economic,
cultural and scientific relations
 Diplomatic agents are persons
empowered to represent a
State in a foreign State or in an
international organization.
 Every sovereign State has the
right to send and receive
diplomats.
 Signifies
a State’s consent to
the foreign State’s
appointment of a head of
mission, as well as the
appointment of military, naval,
and air attachés.
 Letter given to an ambassador
by his Chief of State, and
addressed to the Chief of State
of the Receiving State
requesting the latter to give
:”full credence” to what the
ambassador will say on behalf
of his government.
 Written summary of the key
points made by a diplomat in
an official conversation.
1. Ambassadors or nuncios
accredited to Heads of State, and
other heads of mission of
equivalent rank;
2. Envoys, ministers and
internuncios accredited to Heads
of State;
3. Charges d’affaires accredited to
Ministers for Foreign Affairs.
 head of the
mission

members of
the mission

members of the members

members of administrative of the
the staff of and technical service
the mission staff staff

members of
the diplomatic private
diplomatic agent servant
staff
premises of the mission
- the buildings or parts of
buildings and the land ancillary
thereto, irrespective of
ownership, used for the
purposes of the mission
including the residence of the
head of the mission
 The codification of the law on
the subject may be found in
the Vienna Convention on
Diplomatic Relations (1961)
which become a universal
treaty with 190 State Parties as
of 2014.
a) The right to use the flag and
emblem of the sending State
on the premises of the
mission, including the
residence of the head of the
mission, and on his means of
transport. (Vienna Convention
on Diplomatic Relations
[VCDR], Art. 20);
c) Exemption from all national,
regional or municipal dues
and taxes in respect of the
premises of the mission,
whether owned or leased,
other than such as represent
payment for specific services
rendered. (VCDR, Art. 23);
b) The premises of the mission
shall be inviolable. The
agents of the receiving State
may not enter them, except
with the consent of the head
of the mission. (VCDR, Art.
22);
d) The archives and documents
of the mission shall be
inviolable at any time and
wherever they may be.
(VCDR, Art. 24);
e) The receiving Sate shall
permit and protect free
communication on the part
of the mission for all official
purposes, including
diplomatic couriers and
messages in code or cipher.
(VCDR, Art. 27 [1]);
f) The official correspondence
of the mission shall be
inviolable. (VCDR, Art. 27
[2]);
g) The diplomatic bag shall not
be opened or
detained.(VCDR, Art. 27 [3]);
h) The fees and charges levied
by the mission in the course
of its official duties shall be
exempt from all dues and
taxes. (VCDR, Art. 28).
 It
means that the person of the
diplomatic agent, his residence,
and the diplomatic premises and
property may not be the subject of
any kind of interference on the
part of the receiving State which is
legally bound to afford him
protection. (Boczek, 52)
 Members of the family of a
diplomatic agent are also
entitled to the privileges and
immunities accorded to
diplomatic agents.
 Immunities awarded to
diplomatic agents are a right
of the sending State based on
customary international law.
 Diplomats shall enjoy
immunity from the receiving
State’s civil and administrative
jurisdiction.
a) a real action relating to
private immovable property
situated in the territory of
the receiving State, unless
he holds it on behalf of the
sending State for the
purposes of the mission;
b) an action relating to
succession in which the
diplomatic agent is involved
as executor, administrator,
heir, or legatee as a private
person and not on behalf of
the sending State;
c) an action relating to any
professional or commercial
activity exercised by the
diplomatic agent in the
receiving State outside his
official functions. (VCDR,
Art. 31 [1])
 However, if there is a well-
founded suspicion that high-
ranking officials and rank-
and-file employees stationed
in a foreign embassy in the
receiving State are actively
collaborating with “terrorists,”
then the remedy is to notify
the foreign that they are
personas non grata.
 They shall enjoy immunity in
respect of acts performed in the
course of their duties.
 They shall also enjoy exemption
from dues and taxes on the
emoluments they receive by
reason of their employment.
 Exemptedfrom dues and taxes
on the emoluments they receive,
if not nationals or permanently
residents
 Enjoyprivileges and immunities
only to the extent admitted by
the receiving State, if nationals
or permanently residents
Adiplomatic agent shall enjoy
only immunity from
jurisdiction, and inviolability,
in respect of official acts
performed in the exercise of
his functions.
 Other members of the staff of
the mission and private
servants shall enjoy privileges
and immunities only to the
extent admitted by the
receiving State. (VCDR, Art. 38)
 It must always be express.
 It does not include consent to
the execution of an adverse
judgment against the
diplomatic agent.
 GENERAL RULE: It shall be exempt
from inspection
 EXCEPTION: When there are serious
grounds for presuming that it contains
articles that are neither for the official use
nor for the personal use, the import or
export of which is prohibited by the law or
controlled by the quarantine regulations of
the receiving State.
 It
is an office established by
one State in an important city
of another State for the
purpose of supporting and
protecting its citizens
travelling or residing there.
Aconsul is an officer
appointed by a sending State
to perform consular duties in
the receiving State.
Aconsul is not entitled to the
privileges and immunities of
an ambassador or minister,
but is subject to the laws and
regulations of the country to
which he is accredited.
 This is the authorization
issued by the receiving State
admitting the head of a
consular post to the exercise
of his functions. (VCCR, Art.
12 [1])
1. Consules missi – professional
and career consuls, and
nationals of the Sending
State; and
2. Consules electi – selected by
the Sending State from its
own citizens or from among
nationals abroad.
 They are the consular
officers, who are nationals of
the Receiving State. They do
not have the status of an
official of the sending State
and are, therefore, less
worthy of protection.
Consuls-general;

Consuls;

Vice-consuls;

Consular agents
 Thecodification of the law on
consular relations may be
found in the Vienna
Convention on Consular
Relations which entered into
force in 1967.
a) protecting in the receiving
State the interests of the
sending State and of its
nationals, both individuals
and bodies corporate, within
the limits permitted by
international law;
b) furthering the development of
commercial, economic, cultural
and scientific relations
between the sending State and
the receiving State and
otherwise promoting friendly
relations between them in
accordance with the provisions
of the present Convention;
c) ascertaining by all lawful means
conditions and developments in
the commercial, economic,
cultural, and scientific life of the
receiving State, reporting
thereon to the Government of
the sending State and giving
information to persons
interested;
d) issuing passports and travel
documents to nationals of
the sending State, and visas
or appropriate documents to
persons wishing to travel to
the sending State;
e) helping and assisting
nationals, both individuals
and bodies corporate, of the
sending State.
 If
the sending State is notified
by the receiving State that its
consular officer is persona non
grata, it shall either recall the
consular officer concerned or
terminate his functions with
the consular post.
 It
is a codification of the
existing practice and rules of
customary international law on
consular relations.
a) Consular officers shall not
be liable to arrest or
detention pending trial,
except in the case of a grave
crime and pursuant to a
decision by the competent
judicial authority. (VCCR,
Art. 41);
b) Consular officers and consular
employees shall not be
amenable to the jurisdiction of
the judicial or administrative
authorities of the receiving
State in respect of acts
performed in the exercise of
consular functions, except in a
civil action either:
1. arising out of a contract
concluded by a consular
officer or a consular
employee in which he did
not contract expressly or
impliedly as an agent of the
sending State; or
2. by a third party for damage
arising from an accident in
the receiving State caused
by a vehicle, vessel or
aircraft (VCCR, Art. 43);
c) Members of a consular post are under
no obligation to give evidence
concerning matters connected with
the exercise of their functions or to
produce official correspondence and
documents relating thereto. They are
also entitled to decline to give
evidence as expert witnesses with
regard to the law of the sending State.
(VCCR, Art. 44);
d) Consular officers and
employees shall also be
exempted from registration of
aliens and residence permits,
work permits, taxation,
customs duties and
inspections, and from personal
services and contribution.
 DIPLOMATIC CONSULAR OFFICERS
ENVOYS
CRIMINAL Not liable to any No immunity
form of arrest or
detention

CIVIL Shall enjoy Shall enjoy immunity

immunity (but with exceptions)
(but with
exceptions)
 The sending State may waive,
any of the privileges and
immunities afforded to the
latter.
 The waiver shall in all cases be
express and shall be
communicated to the receiving
State in writing.
Aseparate waiver shall be
necessary for the execution of
a judicial decision. (VCCR, Art.
45[4]).
 Public International Law by
Bernas
 Public International Law by
Sarmiento
 San Beda Bar Reviewer (2016)