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Ÿþc O M M E N T S B Y G Document:- A/CN.4/136 and Corr.1 (French only) and Add.1-11 Comments by Governments on the draft articles concerning consular intercourse and immunities provisionally adopted by the International Law Commission at its twelfth session, in 1960 Topic: Consular intercourse and immunities Extract from the Yearbook of the International Law Commission:- 1961 , vol. II Downloaded from the web site of the International Law Commission (http://www.un.org/law/ilc/index.htm) Copyright © United Nations Report of the Commission to the General Assembly 129 to the members of the Commission. A general discussion 45. The Inter-American Juridical Committee was of the matter was accordingly held at the 614th, 615th represented at the session by Mr. J. J. Caicedo Castilla, and 616th meetings. Attention is invited to the summary who, on behalf of the Committee, addressed the Com- records of the Commission containing the full discussion mission at the 597th meeting. on this question. 46. The Commission, at the 613th meeting, heard a statement by Professor Louis B. Sohn of the Harvard in. Co-operation with other bodies Law School on the draft convention on the international responsibility of States for injury to aliens, prepared 42. The Asian-African Legal Consultative Committee as part of the programme of international studies of the was represented at the session by Mr. H. Sabek, who, Law School. at the 6O5th meeting, made a statement on behalf of the Committee. IV. Date and place of the next session 43. The Commission's observer to the fourth session of the Committee, Mr. F. V. Garcia Amador, at the 47. The Commission decided to hold its next 621st meeting, presented his report (E/CN.4/139) and (fourteenth) session in Geneva for ten weeks from the Commission took note of it. 24 April until 29 June 1962. 44. At its 621st meeting, the Commission further decided to request its Chairman to act as its observer V. Representation at the sixteenth session at the fifth session of the Asian-African Legal Con- of the General Assembly sultative Committee to be held at Rangoon, Burma, in the beginning of 1962, or, if he should be unable to 48. The Commission decided that it should be repre- attend, to appoint another member of the Commission, sented at the next (sixteenth) session of the General or its secretary, to represent the Commission at that Assembly, for purposes of consultation, by its Chairman, meeting. Mr. Grigory I. Tunkin. ANNEX I Comments by governments a on the draft articles concerning consular intercourse and immunities adopted by the International Law Commission at its twelfth session, in 1960 b CONTENTS Section Page Section Page 1. Belgium 129 11. Norway 149 2. Chile 136 12. Philippines 153 3. China 140 13. Poland 155 4. Czechoslovakia 140 14. Spain 156 5. Denmark 141 6. Finland 142 15. Sweden 158 7. Guatemala 143 16. Switzerland 159 8. Indonesia 143 17. Union of Soviet Socialist Republics 163 9. Japan 144 18. United States of America 164 10. Netherlands 145 19. Yugoslavia 168 1. BELGIUM In view of the development of international relations, it seems desirable to unify a branch of public international law which Transmitted by a letter dated 11 April 1961 from the Permanent is of increasing interest to governments. Representative of Belgium to the United Nations Nevertheless, it appears indispensable to the Belgian Govern- [Original: French] ment to specify expressly, in a manner to be considered by the Commission, that the proposed convention codifies only rules INTRODUCTION unanimously accepted by the States concerned and that, accord- ingly, the convention does not represent an exhaustive regula- The Belgian Government has studied with interest the draft tion of consular law. articles prepared by the International Law Commission and is able to express its agreement with them in principle. Thus, as regards the problems not settled by the draft in question, it will be impossible to rule out reliance, first, on the a Originally circulated as document A/CN.4/136 and Add. 1-11. general principles of international law and on the rules of b Official Records of the General Assembly, Fifteenth Session, international usage, and, secondly, on the provisions of muni- Supplement No. 9 (A/4425), para. 28. cipal law. 130 Yearbook of the International Law Commission, Vol. II The provisions of the draft are on the whole in conformity (/) The expression " consular archives " means ... with the law in force and with the usages observed in Belgium. (g) The term " consul " means ... However, the Belgian Government has the following com- (h) The term " exequatur " means ... ments to make on particular articles. (/) The expression " head of consular post" means... Article 1 (j) The expression " employee of the consulate " means ... 1. Sub-paragraph (f) provides that " The term ' consul \ ex- (k) The expression " members of the consulate " means... cept in article 8, means any person duly appointed by the (/) The expression " private staff " means ... sending State to exercise consular functions in the receiving 5. Accordingly, the Belgian Government considers that ar- State as consul-general, consul, vice-consul or consular agent, and authorized. .;*"' ticle 1 should read as follows: In Belgium, consular agents are appointed not by the send- Article 1: Definitions ing State but by their administrative superiors. On this subject, article 48, paragraphs 2 and 3, of the royal For the purposes of this draft: order of 15 July 1920 provides: (a) The expression " sending State" means the contracting " Consular agents shall be appointed by the consuls and vice- party which appoints the consul; consuls who are heads of post, and for this purpose the heads of post must first request and obtain, through the regular chan- (b) The expression " receiving State" means the contracting nels, the authorization of the Minister for Foreign Affairs. party in whose territory the consul exercises his functions; " The form of the certificates to be conferred upon consular (c) The term " consulate " means any consular post, whether agents shall be specified by a ministerial order." it be a consulate-general, a consulate, a vice-consulate or a consular agency; 2. The Belgian Government does not regard the present (d) The expression " consular district" means the area within wording of sub-paragraphs (A) to (k) as very satisfactory. which the competence of the consulate is exercised in relation The plethora of definitions in sub-paragraphs (/) to (k) will to the receiving State; be a source of difficulty in the application of this instrument and (e) The expression " consular premises" means any building for this reason the definitions ought to be simplified. or part of a building used for the purposes of a consulate; The Belgian Government accordingly suggests: (/) The expression " consular archives " means all the chan- (a) That sub-paragraphs (A) and (/') should be deleted; cery papers, as well as any article of furniture intended for (b) That the present aub-paragraph (j) should be replaced by their protection or safe keeping; the following text: (g) The term " consul", except in article 8, means any person " 0) The expression ' employee of the consulate ' means any duly appointed by the sending State to exercise consular func- person working in a consulate who: tions in the receiving State as consul-general, consul, vice- consul or consular agent, and authorized to exercise those " 1. Not being a consul, performs executive, administrative functions in conformity with articles 13 or 14 of this draft; a or technical functions; or consul may be a career consul or an honorary consul; " 2. Performs the functions of messenger, driver, caretaker (ft) The term "exequatur" means the final authorization or any other like function; " granted by the receiving State to a foreign consul to exercise (c) That sub-paragraph (k) should be replaced by the fol- consular functions on Jhe territory of the receiving State, what- lowing text: ever the form of such authorization; " (k) The expression ' members of the consulate ' means the (0 The expression " head of consular post " means any person consuls and the employees of the consulate; " appointed by the sending State to take charge of a consulate; By means of these amendments all the categories of persons (/) The expression " employee of the consulate" means any involved would be defined, while the definitions would not be person working in a consulate who unnecessarily numerous. 1. Not being a consul, performs executive, administrative or The new definitions would be more in keeping with the later technical functions; or articles concerning the privileges and immunities to be granted to members of consulates. 2. Performs the functions of messenger, driver, caretaker or any other like function; 3. The Belgian Government considers that article 1 should begin with definitions of " sending State " and " receiving State ", (k) The expression " members of the consulate" means the which might be worded as follows: consuls and the employees of the consulate; " The expression ' sending State ' means the contracting (/) The expression " private staff" means the persons em- party which appoints the consul; ployed in the private service of members of the consulate. " The expression ' receiving State' means the contracting 6. The Belgian Government considers that if the article as party in whose territory the consul exercises his functions;" so amended is adopted, the other articles of the convention in 4. Lastly, the Belgian Government proposes that the sub- which the expression " consular official" and " member of the paragraphs of this article should be rearranged as follows: consular staff" occur should be brought into line with this re-draft. (a) The expression " sending State " means ... Article 2 (b) The expression " receiving State " means ... (c) The term " consulate " means ... The Belgian Government is in favour of the Special Rap- porteur's proposal, reproduced in paragraph 3 of the com- (d) The expression " consular district " means ..
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