11/8/2023 0 Comments Vienna convention counsellor![]() This Symposium reflects on the role of the VCLT in investor-State disputes in order to highlight the legacy and importance of the ILC’s work for modern international investment law and arbitration, and the likelihood of its sustained influence into the next decades. It has gained, in particular, an increasingly central role in the resolution of the myriad issues of treaty law that arise in investor-State disputes. With the ILC marking its seventy-fifth anniversary this month, the status of the VCLT appears only to be growing in importance. The ILC itself was established through United Nations General Assembly Resolution 174 (II) of 21 November 1947. In a publication celebrating the seventieth anniversary of the ILC, the VCLT, along with two other international treaties, was described as being:Īt the heart of international relations among States, relied upon on a daily basis by officials in foreign ministries, diplomatic and consular missions around the world, legal practitioners, judges in international courts and tribunals, and increasingly also national judges. (From the report of the working group that drafted the consular rules, it appears they did not include residences because those residences were not general protected under earlier treaties or laws.Since it was adopted in 1969, the Vienna Convention on the Law of Treaties (VCLT) has come to be widely regarded as one of the International Law Commission’s (ILC’s) greatest successes. So, at the very least, the difference is that consular residences, even if they are within the consulate, are not covered. "used exclusively for the purposes of the consular post." The premises of consulates however, include all land and building "used for the purposes of the mission including the residence of the head of the mission." ![]() The premises of embassies include all land and buildings The authorities of the receiving State shall not enter that part of the consular premises which is used exclusively for the purpose of the work of the consular post except with the consent of the head of the consular post."Īs mentioned above, the definition of "premises" given in the two conventions are not the same. "Consular premises shall be inviolable to the extent provided in this article. Article 31 of that Convention, on the Inviolability of the consular premises says: The agents of the receiving State may not enter them, except with the consent of the head of the mission."Ĭonsulates are covered by the 1963 Vienna Convention on Consular Relations. "The premises of the mission shall be inviolable. What protection do the premises of embassies and consulates get?Įmbassies are covered by the 1961 Vienna Convention on Diplomatic Relations. ![]() However, "premises" are defined differently for embassies and consulates: the "premises" of an embassy includes more than the "premises" of a consulate, so more of the embassy is protected than of the consulate. Under the Vienna Conventions, local authorities need the permission of the head-of-mission to enter the premises of either. Yes, as Dale says, the same protections apply to the premises of consulates and embassies. Since such a consul does not enjoy absolute immunity, his residence is not un-enterable, as would be the case for an ambassador or regular consul. Irrespective of ownership, used exclusively for the purposes of theĪn honorary consul may uses his home for conducting consular business, but it is not immune from search (it is a de facto consulate, but does not qualify as a "consular premise" in the sense defined by the convention). The buildings or parts of buildings and the land ancillary thereto, ![]() Under the Vienna treaty, "consular premises" is a term of diplomatic art, referring to a subset of consulates, as The individuals do not have regular consular immunity, they have only official acts immunity, and the premise where they do their business is not unsearchable, unless the premise is used only for official consular business (thus, not their own homes). Quite often, nations have consular offices outside the capital manned by locals with an interest in the sending nation, and they may carry out business in their own home. Immunities only apply to foreign nationals of the sending nation, and not to citizens or permanent residents of the US. However, some staff only enjoy "official acts" immunity. That means that in some cases, a consulate has no immunity.ĭiplomatic agents (such as ambassadors) and their families enjoy total immunity. Facilities derive immunity from their relationship to consular personnel and their duties. See The 1963 Vienna Consular treaty for the general agreement. ![]() More or less, but this manual gives details on the "less" part, as interpreted by the US State Department. ![]()
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