《A DIPLOMAT‘S HANDBOOK OF INTERNATIONAL LAW AND PRACTICE THIRD REVISED EDITION》

Part One:Diplomatic Relations,Functions and Privileges1

Ⅰ.Historical Introduction3

Ⅱ.Relations Between Nations8

Introductory8

The right of legation9

The Commonwealth of Nations17

Representation of the Papal State19

Knights of Malta20

Ⅲ.Establishment and Conduct of Diplomatic Relations21

Opening of diplomatic relations21

Classes of diplomatic agents24

Peoples' Bureaux29

Concurrent accreditation of diplomatic agents29

Appointment of the head of a mission32

Agrement34

Appointment of a national of the receiving state37

Size of diplomatic mission38

Appointment of the staff of the mission40

Non-diplomatic staff42

Attaches44

Offices of the diplomatic mission45

Diplomatic agent proceeding to his post47

Presentation of credentials and calls50

The diplomatic corps and their precedence52

Persona non grata54

Ⅳ.Functions of a Diplomatic Agent56

Representation and negotiation58

Reporting on conditions and developments in the receiving state65

Protection of the interests of the sending state72

Promotion of friendly relations78

Looking after the interests of minorities81

Miscellaneous duties and notarial functions85

Facilities for the performance of the functions of a Mission87

Duty of non-interference in the internal affairs of the receiving state88

Duty to act in conformity with their privileged status92

Ⅴ.Diplomatic Immunities and Privileges95

Theoretical basis of diplomatic immunities96

Basis for grant of diplomatic immunities in municipal law99

Steps towards codification and uniformity102

Reciprocity and discrimination105

Immunities and privileges106

Inviolability107

Freedom of movement127

Freedom of communication129

Exemption from local jurisdiction136

Giving of testimony157

Waiver of immunity162

Method of claiming immunity166

Immunity from taxation173

Exemption from payment of customs duties177

Other immunities and privileges181

Persons entitled to immunities and privileges185

Non-diplomatic staff189

Private servants195

Duration of immunity199

Ⅵ.Position in Third States203

Diplomatic agents203

Non-diplomatic staff210

Diplomatic couriers211

Ⅶ.Termination of a Mission214

Part Two:Consular Functions,Immunities and Privileges241

Ⅷ.Consular Relations in General243

Introductory243

Establishment of consular relations247

Establishment of a consulate249

Appointments to consular posts252

Precedence264

Exercise of consular functions in a third state266

Exercise of consular functions on behalf of a third state267

Appointment of the same person by two or more states267

Ⅸ.Consular Functions268

Ⅹ.Consular Privileges and Immunities285

Consular premises287

Consular archives288

Personal immunities of consular officials289

Freedom of movement296

Freedom of communication297

Fiscal privileges and immunities299

Other privileges and immunities303

Duties of consuls308

Ⅺ.Termination of Consular Functions and Position in Third States310

Duties of third states314

Part Three:International Law-Selected Topics317

Ⅻ.Diplomatic Protection of Citizens Abroad319

Introductory319

Tests of national status324

Cases of dual nationals328

Bodies corporate333

Legal basis for diplomatic protection334

National standard of treatment337

Modern trends339

Rights of alien340

Rights concerning entry,movement and residence340

Personal freedoms347

Professional and business activities350

Rights to property352

Rights arising out of contracts and concessions360

Taxation365

Deportation and expulsion366

Scope and extent of diplomatic protection370

Cases of arrest and detention372

Cases of denial of justice in judicial proceedings376

Properties and property rights381

Injury in the hands of private persons385

Manner of making representation to the government of the receiving state388

Exhaustion of local remedies390

Waiver of diplomatic protection392

Preferment of claims by individuals392

ⅩⅢ.Passports and Visas395

Issue of passports395

Visas399

ⅩⅣ.Asylum and Extradition402

Territorial asylum402

Asylum in the premises of a diplomatic mission408

Extradition of fugitive offenders414

ⅩⅤ.Sovereign Immunity433

Introductory433

Practical implications of the doctrine of sovereign immunity434

Development of the law relating to immunity436

Treaties and conventions440

Review of national positions442

Work of the International Law Commission486

Acts of governmental agencies having separate legal personality487

Role of the executive in matters of immunity489

Reciprocity492

Attachment and seizure of the property of the foreign state493

Taxation498

Conclusion499

ⅩⅥ.Recognition of States and Governments501

Recognition of States501

Conditions for recognition505

Premature recognition510

Recognition of governments516

Objectives of recognition517

Tests for recognition of new governments519

Recognition de jure and de facto526

Method of granting recognition530

Recent cases of recognition of governments535

Position of an envoy in cases of change in government544

ⅩⅦ.Treaty Making546

Introductory546

Nature and scope of treaties546

Essential elements of a treaty548

Treating making capacity550

Constitutional requirements560

Title and form of international agreements563

Jus cogens565

Languages used in international agreements565

Negotiation of treaties566

Signature568

Ratification568

Accession570

Reservations571

Registration of treaties573

Date of entry into force of a treaty574

Bibliography577

Agreements,Treaties and Conventions581

National Laws and Regulations583

Index585