Consular Law and Practice
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Product details:
- Edition number 3
- Publisher OUP Oxford
- Date of Publication 3 July 2008
- ISBN 9780198298519
- Binding Hardback
- No. of pages728 pages
- Size 241x162x43 mm
- Weight 1258 g
- Language English 0
Categories
Short description:
This classic work on consular law explains what consuls do to assist and protect co-nationals. How can they help with documents, or if a co-national is arrested or convicted on a criminal charge? This book explores how consular law developed and examines the current treaties and the varied roles of the consul.
MoreLong description:
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.
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.
Table of Contents:
Part i. Introduction
Historical Evolution
Definitions
Classification
Part ii. Consular Relations in General
Consular Relations and Consular Posts
Acquisition of Consular Status
Termination of Consular Status
Part iii. Consular Functions
Consular Functions
Protection of Nationals
Nationals Charged with Criminal Offences
Passport and Visa
Notarial and Registration Services
Marriage and Divorce
Estate Functions
Extradition and Civil Procedure
Informational, Cultural, Scientific, and Tourist Functions
Shipping
Promotion and Protection of Trade
Child Abduction
Refugees
Protection of Other Non-Nationals
Part iv. Privileges and Immunities
Privileges and Immunities
Facilities
Inviolability of Consular Premises
Writs of Process
Consular Archives and Documents
Freedom of Movement
Consular Communications
Protection and Inviolability of Consuls
Immunity from Local Jurisdiction: The Functional Approach
Immunity from Local Jurisdiction: The Diplomatic Approach
Immunity from Local Jurisdiction: Road Traffic Matters
Liability to Give Evidence
Social Legislation and Civic Service
Exemption from Taxation
Part v. Honorary Consuls
Honorary Consuls
Part vi. Consuls, Diplomats, and the United Nations
Consuls as Diplomats
Diplomats as Consuls
Consuls and the United Nations
Performance of Consular Functions by Other Officials
Part vii. Conclusions
Relations between the Vienna Convention on Consular Relations and Other Treaties
Settlement of Disputes
Signature and Accession
Conclusions
Appendices
Recent Consular Treaties
The United Nations Conference on Consular Relations
The Vienna Convention on Diplomatic Relations
The European Convention on Consular Functions
