《A DIPLOMAT‘S HANDBOOK OF INTERNAT LAW AND PRACTICE》

PART ONEDIPLOMATIC RELATIONS,FUNCTIONS AND PRIVILEGES3

Ⅰ.HISTORICAL INTRODUCTION3

Ⅱ.RELATIONS BETWEEN NATIONS8

The right of legation8

Position of states not fully sovereign10

The Commonwealth of Nations12

Ⅲ.ESTABLISHMENT AND CONDUCT OF DIPLOMATIC RELATIONS15

Opening of diplomatic relations15

Classes of diplomatic agents17

Concurrent accreditation of diplomatic agents21

Appointment of the head of mission24

Agrement25

Appointment of a national of the receiving state27

Size of diplomatic mission29

Appointment of the staff of the mission30

Non-diplomatic staff33

Attaches34

Offices of the diplomatic mission35

Diplomatic agent proceeding to his post37

Presentation of credentials and calls39

The diplomatic corps and their precedence42

Persona grata44

Ⅳ.FUNCTIONS OF A DIPLOMATIC AGENT46

Representation and negotiation47

Reporting on the conditions and developments in the receiving state53

Protection of the interests of the sending state and its nationals60

Promotion of friendly relations67

Looking after the interests of minorities70

Miscellaneous duties and notarial functions73

Duty of non-interference in the internal affairs of the receiving state75

Ⅴ.DIPLOMATIC IMMUNITIES AND PRIVILEGES.80

Theoretical basis of diplomatic immunities80

Basis for grant of diplomatic immunities in municipal law83

Steps towards codification and uniformity84

Reciprocity and discrimination87

Immunities and privileges89

Inviolability90

Freedom of movement100

Freedom of communication102

Exemption from local jurisdiction106

Giving of testimony124

Waiver of immunity129

Method of claiming immunity133

Immunity from taxation140

Exemption from payment of customs duties144

Other immunities and privileges148

Persons entitled to immunities and privileges152

Non-diplomatic staff156

Private servants163

Duration of immunity167

Ⅵ.POSITION IN THIRD STATES171

Diplomatic agents171

Non-diplomatic staff179

Diplomatic couriers180

Ⅶ.TERMINATION OF A MISSION182

PART TWOCONSULAR FUNCTIONS,IMMUNITIES AND PRIVILEGES201

Ⅷ.CONSULAR RELATIONS IN GENERAL201

Introductory201

Establishment of consular relations206

Establishment of a consulate208

Appointments to consular posts210

Precedence223

Exercise of consular functions in a third state225

Exercise of consular functions on behalf of a third state225

Appointment of the same person by two or more states226

Ⅸ.CONSULAR FUNCTIONS227

Ⅹ.CONSULAR PRIVILEGES AND IMMUNITIES245

Consular premises and archives246

Personal immunities of consular officials249

Freedom of communication256

Fiscal privileges and immunities258

Other privileges and immunities262

Duties of consuls268

Ⅺ.TERMINATION OF CONSULAR FUNCTIONS AND POSITION IN THIRD STATES270

Duties of third states274

PART THREEINTERNATIONAL LAW-SELECTED TOPICS279

Ⅻ.DIPLOMATIC PROTECTION OF CITIZENS ABROAD279

Introductory279

Tests of national status281

Cases of dual nationals285

Bodies corporate290

Legal basis for diplomatic protection291

Rights of an alien296

Rights concerning entry,movement and residence296

Personal freedoms and denial of justice303

Professional and business activities306

Rights to property309

Rights arising out of contracts and concessions316

Taxation317

Deportation and expulsion319

Scope and extent of diplomatic protection321

Cases of arrest and detention322

Cases of denial of justice in judicial proceedings328

Properties and property rights331

Injury in the hands of private persons336

Manner of making representation to the government of the receiving state338

Exhaustion of local remedies340

Waiver of diplomatic protection341

Rendering of help and assistance to nationals342

Preferment of claims by individuals343

ⅩⅢ.PASSPORT AND VISAS346

Issue of passports346

Visas348

ⅩⅣ.ASYLUM AND EXTRADITION351

Territorial asylum351

Asylum in the premises of a diplomatic mission356

Extradition of fugitive offenders360

ⅩⅤ.COMMERCIAL ACTIVITIES OF STATES AND IMMUNITIES IN RELATION THERETO369

Introductory369

Doctrine of sovereign immunity and restrictions thereto372

Acts of governmental agencies having separate legal personality398

ⅩⅥ.RECOGNITION OF STATES AND GOVERNMENTS406

Recognition of states407

Premature recognition415

Recognition of governments419

Tests for recognition of new governments422

Recognition de jure and de facto429

Method of granting recognition433

ⅩⅦ.TREATY MAKING439

Introductory439

Nature and scope of treaties439

Essential elements of a treaty441

Treaty making capacity443

Constitutional requirements452

Title and form of international agreements456

Jus cogens460

Languages used in international agreements460

Negotiation of treaties460

Signature460

Ratification461

Accession 463,Reservations464

Registration of treaties466

Date of entry into force of a treaty467

ⅩⅧ.RECENT DEVELOPMENTS468

Diplomatic immunities468

Consular immunities470

Diplomatic protection of citizens abroad470

Extradition473

Commercial activities of states and immunities in relation thereto475

APPENDICES481

Ⅰ.Extracts from the Vienna Convention on Diplomatic Relations,1961481

Ⅱ.Extracts from the Vienna Convention on Consular Relations,1963489

Bibliography506

Agreements,Treaties and Conventions509

National Laws and Regulations511

Index512