1. LAW 221: INTERNATIONAL LAW
Dr. Başak Çalı

2. Outline Regulation of Diplomatic Relations in International Law
Regulation of Consular Relations in International Law
Outline

3. Is there a duty to evacuate diplomats in case of an armed conflict?
Is there a duty on behalf of the sending state to evacuate all its nationals in case of an armed conflict?

4. What is temporary third party protection?

6. United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) (1980)

7. Debate : Immunity from domestic criminal and some civil prosecutions
Diplomatic Immunity or Diplomatic Impunity?
Debate : Immunity from domestic criminal and some civil prosecutions

8. Vienna Convention on Consular Relations (1963)
176 State Parties

9. Believing that an international law convention on consular relations, priviledges and immunities would also contribute to the development of friendly relations among nations….
Rationale

10. What kinds of consular officers are there?

11. Does a state that has consented to the establishment of diplomatic relations also need to consent to the establishment of consular relations?
Does the severence of diplomatic relations involve the severence of consular relations?

12. What is the difference between a diplomatic mission and a consular mission?

13. Consular functions Consular protection
Furthering development of commercial, economic, cultural, scientific relations
Administrative duties with regard to nationals, vessels of nationals
Travel and visa documents for nationals of other countries
Safeguarding the interests of minors
Judicial assistance
Other functions
Consular functions

14. What is an exequatur?

15. Can a consular officer perform diplomatic acts?

16. Can a citizen of the receiving state become a consular officer for the sending state?

17. Can a consular officer be declared persona non grata?

18. What protection, if any, shall the receiving state afford to consular offices in the event of an armed conflict?

19. What principles govern the inviolability of consular premises?
Can the authorities of the receiving state enter into consular premises?
Can the authorities of the receiving state expropriate the property of the consular office?

20. Are consular premises exempt of receiving state tax?

22. La Grand Case (2001)
Avena Case (2004)
Article 36 cases

23. Is the imunity regime governing consular officers the same as diplomatic officers?

24. Type of officer
Personal Immunity from criminal prosecution
Functional immunity
Liability to give evidence in court
Diplomatic officer
Full Immunity
Yes No
Consular officer
Immunity expect in the case of a grave crime
Honorary consular officer
Yes- by way of receiving state protection

25. Self Determination in IL
Legal Sources: UN Charter Common Article 2 of the ICCPR and ICESCR Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations
Self Determination in IL

26. Next Week
Read the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations
Read the Treaty of Lausanne
Read Framework Convention on the Protection of National Minorities (Council of Europe)

27. The Nature of the Right to Self-Determination in IL
It is the right of a collective entitiy.
It belongs to both states and peoples that live within existing states.
Which people have a right to self-determination?
What does it mean to realise the right to self –determination?
The Nature of the Right to Self-Determination in IL