Vienna Conventions Of A Bilateral Consular Agreement

In the year the treaty was adopted, two amending protocols were added. Countries can ratify the main treaty without necessarily ratifying these optional agreements. The convention (Article 43) [2] provides for consular immunity. Some, but not all, provisions of the convention on immunity reflect international law. [4] Consular immunity is a lesser form of diplomatic immunity. Consular officials and consular officers enjoy “functional immunity” (i.e. immunity from jurisdiction of the host state “with respect to acts performed in the exercise of consular function”), but do not enjoy the broader “personal immunity” afforded to diplomats. [4] The Vienna Convention on Consular Relations is an international treaty that establishes a framework for consular relations between sovereign states. It codifies many consular practices stemming from state practices and various bilateral agreements between states. [3] The 1961 Vienna Convention on Diplomatic Relations (VCDR) and the 1963 Vienna Convention on Consular Relations are at the heart of international diplomatic and consular law. The VCDR largely codified the usual rules governing bilateral diplomatic relations between states. In the meantime, its provisions have largely become a part of general international law. This article examines the establishment of diplomatic and consular relations; diplomatic and consular functions; and the application of privileges, immunities and inviolability in the most recent case law.

Private international law is the organ of conventions, standard laws, national laws, chiefs of law and other documents and instruments that govern private relations across national borders. Among these multilateral treaties are: throughout the history of sovereign states, diplomats enjoy a special status. Their function of negotiating agreements between states requires certain special privileges. An emissary from another nation is traditionally treated as a guest, his communication with his homeland is considered confidential and his freedom of coercion and submission by the host country is considered essential. Consulates are traditionally used to represent the interests of nationals or nationals in an embassy or consulate in another country. The convention defines and articulates the functions, rights and immunities recognized by consular officials and their offices, as well as the rights and obligations of “beneficial states” (where the consul is based) and “sending states” (the state that the consul represents). In 2006, the U.S. Supreme Court ruled that foreigners who have not been informed of their right to consular notification and access after arrest should not use the offence to suppress evidence obtained during police interrogations or to launch late legal challenges after the trial (Sanchez-Llamas v. Oregon). [7] In 2008, the U.S.

Supreme Court also ruled that the ICJ`s decision to order the United States to “review and reconsider” the cases of 51 Mexican death row inmates was not a binding national law and therefore could not be used to overcome state rules on non-compliance with procedures , who avoided further challenges after the conviction (Medell√©n v. Texas). [8] Since their ratification in the 1960s, the Vienna Conventions on Diplomatic and Consular Relations have been the subject of scientific literature.