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Vol 21 No 10 Oct/Nov 2016

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Consular Law and Practice 3rd ed


ISBN13: 9780198298519
Previous Edition ISBN: 0198256019
Published: July 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £170.00



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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.

New to this edition:

  • New chapter providing expanded coverage on the topical issue of nationals charged with criminal offences
  • Discusses recent high-profile ICJ cases where one country has sued another for failing to facilitate contact between a person arrested and their consul- including cases against the USA

Subjects:
Public International Law
Contents:
PART I. INTRODUCTION;
1. Historical Evolution
2. Definitions
3. Classification
PART II. CONSULAR RELATIONS IN GENERAL;
4. Consular Relations and Consular Posts
5. Acquisition of Consular Status
6. Termination of Consular Status
PART III. CONSULAR FUNCTIONS;
7. Consular Functions
8. Protection of Nationals
9. Nationals Charged with Criminal Offences
10. Passport and Visa
11. Notarial and Registration Services
12. Marriage and Divorce
13. Estate Functions
14. Extradition and Civil Procedure
15. Informational, Cultural, Scientific, and Tourist Functions
16. Shipping
17. Promotion and Protection of Trade
18. Child Abduction
19. Refugees
20. Protection of Other Non-Nationals
PART IV. PRIVILEGES AND IMMUNITIES;
21. Privileges and Immunities
22. Facilities
23. Inviolability of Consular Premises
24. Writs of Process
25. Consular Archives and Documents
26. Freedom of Movement
27. Consular Communications
28. Protection and Inviolability of Consuls
29. Immunity from Local Jurisdiction: The Functional Approach
30. Immunity from Local Jurisdiction: The Diplomatic Approach
31. Immunity from Local Jurisdiction: Road Traffic Matters
32. Liability to Give Evidence
33. Social Legislation and Civic Service
34. Exemption from Taxation
PART V. HONORARY CONSULS;
35. Honorary Consuls
PART VI. CONSULS, DIPLOMATS, AND THE UNITED NATIONS;
36. Consuls as Diplomats
37. Diplomats as Consuls
38. Consuls and the United Nations
39. Performance of Consular Functions by Other Officials
PART VII. CONCLUSIONS;
40. Relations between the Vienna Convention on Consular Relations and Other Treaties
41. Settlement of Disputes
42. Signature and Accession
43. Conclusions
APPENDICES;
1. Recent Consular Treaties
2. The United Nations Conference on Consular Relations
3. The Vienna Convention on Diplomatic Relations
4. The European Convention on Consular Functions