APPENDIX I

EXTRACTS FROM THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS 196 1.

I. ESTABLISHMENT AND CONDUCT OF DIPLOMATIC RELATIONS

Article 2 - The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent. Article 4 - I. The sending State must make certain that the agrement of the receiving State has been given for the person it proposes to accredit as head of the mission to that State. 2. The receiving State is not obliged to give reasons to the sending State for a refusal of agrement. Article 5 - I. The sending State may, after it has given due notification to the receiving States concerned, accredit a or assign any member of the diplomatic staff, as the case may be, to more than one State, unless there is express objection by any of the receiving States. 2. If the sending State accredits a head of mission to one or more other States, it may establish a headed by a charge d'affaires ad interim in each State where the head of mission has not his permanent seat. 3. A head of mission or any member of the diplomatic staff of the mission may act as representative of the sending State to any international organisation. Article 6 - Two or more States may accredit the same person as head of mission to another State, unless objection is offered by the receiving State. Article 7 - Subject to the provisions of Articles 5, 8, 9, and II, the sending State may freely appoint the members of the staff of the mission. In the case of military, naval or air attaches, the receiving State may require their names to be submitted beforehand for its approval. Article 8 - I. Members of the diplomatic staff of the mission should in principle be of the nationality of the sending State. 2. Members of the diplomatic staff of the mission may not be appointed from among persons having the natlOnality of the receiving State, except with the consent of that State which may be withdrawn at any time. 3. The receiving State may reserve the same right with regard to nationals of a third State who are not also nationals of the sending State. Article 9 - I. The receiving State may, at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non-grata or that any other member of the staff of the mission is not acceptable. In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission. A person may be declared non-grata or not acceptabie before arriving in the territory of the receiving State. APPENDICES 475

2. If the sending State refuses or fails within a reasonable period to carry out its obligations under paragraph I of this Article, the receiving State may refuse to recognise the person concerned as a member of the mission. Article IO - I. The Ministry of Foreign Affairs of the receiving State, or such other Ministry as may be agreed, shall be notified of: (a) the appointment of members of the mission, their arrival and their final departure or the termination of their functions with the mission; (b) the arrival and final departure of a person belonging to the family of a member of the mission and, where appropriate, the fact that a person becomes or ceases to be a member of the family of a member of the mission; (c) the arrival and final departure of private servants in the employ of persons referred to in sub-paragraph (a) of this paragraph and, where appropriate, the fact that they are leaving the employ of such persons; (d) the engagement and discharge of persons resident in the receiving State as members of the mission or private servants entitled to privileges and im• munities. 2. \Vhere possible, prior notification of arrival and final departure shall also be given. A rticle I I - I. In the absence of specific agree men t as to the size of the mission, the receiving State may require that the size of a mission be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the receiving State and to the needs of the particular mission. 2. The receiving State may equally, within similar bounds and on a non• discriminatory basis, refuse to accept officials of a particular category. Article I2 - The sending State may not, without the prior express consent of the receiving State, establish offices forming part of the mission in localities other than those in which the mission itself is established. Article I3 - I. The head of the mission is considered as having taken up his functions in the receiving State either when he has presented his credentials or when he has notified his arrival and a true copy of his credentials has been presented to the Ministry for Foreign Affairs of the receiving State, or such other }finistry as may be agreed, in accordance with the practice prevailing in the receiving State which shall be applied in a uniform manner. 2. The order of presentation of credentials or of a true copy thereof will be determined by the date and time of the arrival of the head of the mission. Article I4 - I. Heads of missions are divided into three classes, namely (a) that of or accredited to heads of State, and other heads of missions of equivalent rank; (b) that of envoys, ministers and internuncios accredited to heads of state; (c) that of charges d'affaires accredited to Ministers for Foreign Affairs. 2. Except as concerns precedence and etiquette, there shall be no differentiation between heads of missions by reason of their class. A rticle I5 - The class to which the heads of their missions are to be assigned shall be agreed between States. Article I6 - I. Heads of missions shall take precedence in their respective classes in the order of the date and time of taking up their functions in accordance with Article I3. 2. Alterations in the credentials of a head of mission not involving any change of class shall not affect his precedence. 3. This article is without prejudice to any practice accepted by the receiving State regarding the precedence of the representative of the Holy See. Article I7 - The precedence of the members of the diplomatic staff of the APPENDICES mission shall be notified by the head of the mission to the Ministry for Foreign Affairs or such other Ministry as may be agreed. Article I8 - The procedure to be observed in each State for the reception of heads of missions shall be uniform in respect of each class. Article I9 - I. If the post of head of the mission is vacant, or if the head of the Inission is unable to perform his functions, a charge d'affaires ad interim shall act provisionally as head of the mission. The name of the charge d'affaires ad interim shall be notified either by the head of the mission or, in case he is unable to do so, by the Ministry for Foreign Affairs of the sending State to the Ministry for Foreign Affairs of the receiving State or such other Ministry as may be agreed. 2. In cases where no member of the diplomatic staff of the mission is present in the receiving State, a member of the administrative and technical staff may, with the consent of receiving State, be designated by the sending State to be in charge of the current administrative affairs of the Inission. Article 2I - I. The receiving State shall either facilitate the acquisition on its territory, in accordance with its laws, by the sending State of premises necessary for its mission or assist the latter in obtaining accommodation in some other way. 2. It shall also, where necessary, assist missions in obtaining suitable ac• commodation for their members. Article 25 - The receiving State shall accord full facilities for the performance of the functions of the mission.

II. FUNCTIONS AND DUTIZS OF DIPLOMATIC AGENTS

Article 3 - I. The functions of a diplomatic mission consist inter alia in: (a) representing the sending State in the receiving State; (b) protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law; (c) negotiating with the government of the receiving State; (d) ascertaining by all lawful means conditions and developments in the re• ceiving State, and reporting thereon to the government of the sending State; (e) promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations. 2. Nothing in the present Convention shall be construed as preventing the performance of consular functions by a diplomatic InissioD. Article 4I - I. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to inter• fere in the internal affairs of that State. 2. All official business with the receiving State entrusted to the mission by the sending State shall be conducted with or through the Ministry for Foreign Affairs of the receiving State or such other Ministry as may be agreed. 3. The premises of the mission must not be used in any manner incompatible with the functions of the Inissions as laid down in the present Convention or by other rules of general international law or by any special agreements in force between the sending and the receiving State. Article 42 - A diplomatic agent shall not in the receiving State practise for personal profit any professional or commercial activity. APPENDICES 477 Article 46 - A sending State may, with the prior consent of a receiving State and at the request of a third State not represented in the receiving State, under• take the temporary protection of the interests of the third State and of its nationals.

III. DIPLOMATIC IMMUNITIES AND PRIVILEGES

Article 20 - The mission and its head shall have the right to use the flag and emblem of the sending State on the premises of the mission, including the resi• dence of the head of the mission and on his means of transport. Article 22 - 1. The premises of the mission shall be inviolable. The agents of the receiving State may not enter thew, except with the consent of the head of the mission. 2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity. 3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requi• sition, attachment or execution. Article 23 - 1. The sending State and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such as represent payment for specific services rendered. 2. The exemption from taxation referred to in this article shall not apply to such dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission. Article 24 - The archives and documents of the mission shall be inviolable at any time wherever they may be. Article 26 - Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory. Article 27 - 1. The receiving State shall permit and protect free communi• cation on the part of the mission for all official purposes. In communicating with the government and the other missions and of the sending State, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the receiving State. 2. The official correspondence of the mission shall be inviolable. Official corre• spondence means all correspondence relating to the mission and its functions. 3. The shall not be opened or detained. 4. The packages constituting the diplomatic bag must bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use. 5. The , who shall be provided with an official document indicating his status and the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the performance of his functions. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention. 6. The sending State or the mission may designate diplomatic couriers ad hoc. In such cases the provisions of paragraph 5 of this article shall also apply, except APPENDICES that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his charge. 7. A diplomatic bag may be entrusted to the captain of a commercial aircraft scheduled to land at an authorized port of entry. He shall be provided with an official document indicating the number of packages constituting the bag, but he shall not be considered to be a diplomatic courier. The mission may send one of its members to take possession of the diplomatic bag directly and freely from the captain of the aircraft. Article 28 - The fees and charges levied by the mission in the course of its official duties shall be exempt from all dues and taxes. Article 29 - The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity. Article 30 - I. The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission. 2. His papers, correspondence and, except as provided in paragraph 3 of Article 31, his property, shall likewise enjoy inviolability. Article 3I - I. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of (a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the Inission. (b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; (c) an action relating to any professional or commercial activity exetcised by the diplomatic agent in the receiving State outside his official functions. 2. A diplomatic agent is not obliged to give evidence as a witness. 3. No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (a), (b), and (c) of paragraph 1 of this article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence. 4. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State. Article 32 - I. The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State. 2. Waiver must always be express. 3. The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. 4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not he held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary. Arlicle 33 - I. Subject to the provisions of paragraph 3 of this article, a diplomatic agent shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the receiving State. 2. The exemption provided for in paragraph 1 of this article shall also apply to pT;vate servants who are in the sole employ of a diplomatic agent on condition APPENDICES 479 (a) that they are not nationals of or permanently resident in the receiving State; and (b) that they are covered by the social security provisions which may be in force in the sending State or a third State. 3. A diplomatic agent who employs persons to whom the exemption provided for in paragraph 2 of this article does not apply shall observe the obligations which the social security provisions of the receiving State impose upon em• ployers. 4. The exemption provided for in paragraphs I and 2 of this article shall not preclude voluntary participation in the social security system of the receiving State provided that such participation is permitted by that State. 5. The provisions of this article shall not affect bilateral or multilateral agreements concerning social security concluded previously and shall not prevent the conclusion of such agreements in the future. Article 34 - A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except (a) indirect taxes of a kind which are normally incorporated in the price of goods or services; (b) dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; (c) estate, succession or inheritance duties levied by the receiving State subject to the provisions of paragraph 4 of Article 39; (d) dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State; (e) charges levied for specific services rendered; (f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23. Article 35 - The receiving State shall exempt diplomatic agents from all personal services, from all public services of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contri• butions and billeting. Article 36 - 1. The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on (a) articles for the official use of the mission; (b) articles for the personal use of a diplomatic agent or members of his family forming part of his household, including articles intended for his establish• ment. 2. The personal baggage of a diplomatic agent shall be exempt from in• spection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph I of this Article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving State. Such inspection shall be conducted only in the presence of the diplomatic agent or of his authorised representative. Article 37 - 1. The members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in Articles 29 to 36. 2. Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, 480 APPENDICES

shall, if they are not nationals of or permanently resident in the receiving State, enjoy the privileges and immunities specified in Articles 29 to 35, except that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 of Article 31 shall not extend to acts performed outside the course of their duties. They shall also enjoy the privileges specified in Article 36, paragraph I, in respect of articles imported at the time of first installation. 3.Members of the service staff of the mission, who are not nationals of or permanently resident in the receiving State, shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the ex• emption contained in Article 33. 4. Private servants of members of the mission shall, if they are not nationals of or permanently resident in the receiving State, be exempt from dues and' taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its juris• diction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission. Article 38 - I. Except in so far as additional privileges and immunities xnay be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity from juris• diction and inviolability in respect of official acts performed in the exercise of his functions. 2. Other members of the staff of the mission and private servants who are nationals of or permanently resident in the receiving State shall enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission. Article 39 - l. Every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving State on pro• ceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs or such other Ministry as may be agreed. 2. When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the country, or on expiry of a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall continue to subsist. 3. In case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave the country. 4. In the event of the death of a member of the mission not a national of or permanently resident in the receiving State or a member of his faInily forming part of his household, the receiving State shall permit the withdrawal of the movable property of the deceased, with the exception of any property acquired in the country the export of which was prohibited at the time of his death. Estate, succession and inheritance duties shall not be levied on movable property the presence of which in the receiving State was due solely to the presence there of the deceased as a member of the mission or as a member of the faInily of a member of the mission. APPENDICES

IV. POSITION IN THIRD STATES

Article 40 - I. If a diplomatic agent passes through or is in the territory of a third State, which has granted him a visa if such visa was necessary, while proceeding to take up or to return to his post, or when returning to his own country, the third State shall accord him inviolability and such other immunities as may be required to ensure his transit or return. The same shall apply in the case of any members of his family enjoying privileges or immunites who are accompanying the diplomatic agent, or travelling separately to join him or to return to their country. 2. In circumstances similar to those specified in paragraph 1 of this article, third States shall not hinder the passage of members of the administrative and technical or service staff of a mission, and of members of their families, through their territories. 3. Third States shall accord to official correspondence and other official com• munications in transit, including messages in code or cipher, the same freedom and protection as is accorded by the receiving State. They shall accord to diplo• matic couriers, who have been granted a passport visa if such visa was neces• sary, and diplomatic bags in transit the same inviolability and protection as the receiving State is bound to accord. 4. The obligations of third States under paragraphs 1,2 and 3 of this article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and diplomatic bags, whose presence in the territory of the third State is due to force majeure.

v. TERMIN ATION OF MISSION

Article 43 - The function of a diplomatic agent comes to an end, inter alia (a) on notification by the sending State to the receiving State that the functions of the diplomatic agent have come to an end; (b) on notification by the receiving State to the sending State in accordance with paragraph 2 of Article 9, that it refuses to recognise the diplomatic agent as a member of the mission. Article 44 - The receiving State must, even in case of armed conflict, grant facilities in order to enable persons enjoying privileges and immunities, other than nationals of the receiving State, and members of the families of such persons irrespective of their nationality, to leave at the earliest possible moment. It must, in particular, in case of need, place at their disposal the necessary means of transport for themselves and their property. Article 45 - If diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled: (a) the receiving State must, even in case of armed conflict, respect and protect the premises of the mission, together with its property and archives; (b) the sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to the receiving State; (c) the sending State may entrust the protection of its interests and those of its nationals to a third State acr.eptable to the receiving State. APPENDICES

VI. RECIPROCITY AND DISCRIMINATION

Article 47 - I. In the application of the provisions of the present Convention, the receiving State shall not discriminate as between States. 2. However, discrimination shall not be regarded as taking place: (a) where the receiving State applies any of the provisions of the present Con• vention restrictively because of a restrictive application of that provision to its mission in the sending State; (b) where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention.

APPENDIX II

EXTRACTS FROM THE VIENNA CONVENTION ON CONSULAR RELATIONS 196 3.

I. ESTABLISHMENT AND CONDUCT OF CONSULAR RELATIONS

Article 2 - Establishment of consular relations - I. The establishment of consu• lar relations between States takes place by mutual consent. 2. The consent given to the establishment of diplomatic relations between two States implies, unless otherwise stated, consent to the establishment of consular relations. 3. The severance of diplomatic relations shall not ipso facto involve the severance of consular relations. Article 3 - Exercise of consular functions. - Consular functions are exercised by consular posts. They are also exercised by diplomatic missions in accordance with the provisions of the present Convention. Article 4 - Establishment of a consular post. - I. A consular post may be establish• ed in the territory of the receiving State only with that State's consent. 2. The seat of the consular post, its classification and the consular district shall be established by the sending State and shall be subject to the approval of the receiving State. 3. Subsequent changes in the seat of the consular post, its classification or the consular district may be made by the sending State only with the consent of the receiving State. 4. The consent of the receiving State shall also be required if a • general or a consulate desires to open a vice--consulate or a consular agency in a locality other than that in which it is itself established. 5. The prior express consent of the receiving State shall also be required for the opening of an office forming part of an existing consular post elsewhere than at the seat thereof. Article 6 - Exercise of consular functions outside the consular district. - A consular officer may, in special circumstances, with the consent of the receiving State, exercise his functions outside his consular district. APPENDICES

Article 7 -Exercise of consular functions in a third State. - The sending State may, after notifying the States concerned, entrust a consular post established in a particular State with the exercise of consular functions in another State, unless there is express objection by one of the States concerned. Article 8 - Exercise of consular functions on behalf of a third State. - Upon ap• propriate notification to the receiving State, a consular post of the sending State may, unless the receiving State objects, exercise consular functions in the receiving State on behalf of a third State. Article 9 - Classes of heads of consular posts - I. Heads of consular posts are divided into four classes, namely: (a) consuls-general; (b) consuls; (c) vice-consuls; (d) consular agents. 2. Paragraph I of this Article in no way restricts the right of any of the Con• tracting Parties to fix the designation of consular officers other than the heads of consular posts. Article IO - Appointment and admission of heads of consular posts - I. Heads of consular posts are appointed by the sending State and are admitted to the exercise of their functions by the receiving State. 2. Subject to the provisions of the present Convention, the formalities for the appointment and for the admission of the head of a consular post are de• termined by the laws, regulations and usages of the sending State and of the receiving State respectively. Article II - The or notification of appointment - I. The head of a consular post shall be provided by the sending State with a document, in the form of a commission or similar instrument, made out for each appoint• ment, certifying his capacity and showing, as a general rule, his full name,his category and class, the consular district and the seat of the consular post. 2. The sending State shall transmit the commission or similar instrument through the diplomatic or other appropriate channel to the government of the State in whose territory the head of a consular post is to exercise his functions. 3. If the receiving State agrees, the sending State may, instead of a com• mission or similar instrument, send to the receiving State a notification con• taining the particulars required by paragraph I of this Article. Article I2 - The - I. The head of a consular post is admitted to the exercise of his functions by an authorization from the receiving State termed an exequatur, whatever the form of this authorization. 2. A state which refuses to grant an exequatur is not obliged to give to the sending State reasons for such refusal. 3. Subject to the provisions of Articles 13 and 15, the head of a consular post shall not enter upon his duties until he has received an exequatur. A rticle I3 - Provisional admission of heads of consular posts - Pending de• livery of the exequatur, the head of a consular post may be admitted on a pro• visional basis to the exercise of his functions. In that case, the provisions of the present Convention shall apply. A rticle I4 - Notification to the authorities of the consular district - As soon as the head of a consular post is admitted even provisionally to the exercise of his functions, the receiving State shall immediately notify the competent au• thorities of the consular district. It shall also ensure that the necessary measures are taken to enable the head of a consular post to carry out the duties of his office and to have the benefit of the provisions of the present Convention. Article IS - Temporary exercise of the functions of the head of a consular post - APPENDICES

I. If the head of a consular post is unable to carry out his functions or the position of head of consular post is vacant, an acting head of post may act provisionally as head of the consular post. 2. The full name of the acting head of post shall be notified either by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, or, if he is unable to do so, by any competent authority of the sending State, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry. As a general rule, this notification shall be given in advance. The receiving State may make the admission as acting head of post of a person who is neither a diplomatic agent nor a consular officer of the sending State in the receiving State conditional on its consent. 3. The competent authorities of the receiving State shall afford assistance and protection to the acting head of post. While he is in charge of the post, the provisions of the present Convention shall apply to him on the same basis as to the head of the consular post concerned. The receiving State shall not, however, be obliged to grant to an acting head of post any facility, privilege or immunity which the head of the consular post enjoys only subject to con• ditions not fulfilled by the acting head of post. 4. When, in the circumstances referred to in paragraph I of this Article, a member of the diplomatic staff of the diplomatic mission of the sending State in the receiving State is designated by the sending State as an acting head of post, he shall, if the receiving State does not object thereto, continue to enjoy diplo• matic privileges and immunities. Article I6 -Precedence as between heads of consular posts -I. Heads of consular posts shall rank in each class according to the date of the grant of the exequatur. 2. If, however, the head of a consular post before obtaining the exequatur is admitted to the exercise of his functions provisionally, his precedence shall be determined according to the date of the provisional admission; this precedence shall be maintained after the granting of the exequatur. 3. The order of. precedence as between two or more heads of consular posts who obtained the exequatur or provisional admission on the same date shall be determined according to the dates on which their commissions or similar instru• ments or the notifications referred to in paragraph 3 of Article II were presented to the receiving State. 4. Acting heads of posts shall rank after all heads of consular posts and, as between themselves, they shall rank according to the dates on which they assumed their functions as acting heads of posts as indicated in the notifi• cations given under paragraph 2 of Article 15. 5. Honorary consular officers who are heads of consular posts shall rank in each class after career heads of consular posts, in the order and according to the rules laid down in the foregoing paragraphs. 6. Heads of consular posts shall have precedence over consular officers not having that status. Article I7 - Performance of diplomatic acts by consular officers - I. In a State where the sending State has no diplomatic mission and is not represented by a diplomatic mission of a third State, a consular officer may, with the consent of the receiving State, and without affecting his consular status, be authorized to perform diplomatic acts. The performance of such acts by a consular officer shall not confer upon him any right to claim diplomatic privileges and immuni• ties. 2. A consular officer may, after notification addressed to the receiving State, act as representative of the sending State to any inter-governmental organ- APPENDICES

isation. When so acting, he shall be entitled to enjoy any privileges and im• munities accorded to such a representative by customary international law or by international law or by international agreements; however, in respect of the performance by him of any consular function, he shall not be entitled to any greater immunity from jurisdiction than that to which a consular officer is entitled under the present Convention. Article I8 -Appointment of the same person by two or more States as a consular officer - Two or more States may, with the consent of the receiving State, appoint the same person as a consular officer in that State. Article I9 - Appointment of members of consular stafl - 1. Subject to the pro• visions of Articles 20, 22 and 23, the sending State may freely appoint the members of the consular staff. 2. The full name, category and class of all consular officers, other than the head of a consular post, shall be notified by the sending State to the receiving State in sufficient time for the receiving State, if it so wishes, to exercise its rights under paragraph 3 of Article 23. 3. The sending State may, if required by its laws and regulations, request the receiving State to grant an exequatur to a consular officer other than the head of a consular post. 4. The receiving State may, if required by its laws and regulations, grant an exequatur to a consular officer other than the head of a consular post. Article 20 - Size of the consular staff - In the absence of an express agreement as to the size of the consular staff, the receiving State may require that the size of the staff be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the consular district and to the needs of the particular post. Article 2I - Precedence as between consular officers 01 a consular post - The order of precedence as between the consular officers of a consular post and any change thereof shall be notified by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry. Article 22 - Nationality of consular officers - I. Consular officers should, in principle, have the nationality of the sending State. 2. Consular officers may not be appointed from among persons having the nationality of the receiving State except with the express consent of that State which may be withdrawn at any time. 3. The receiving State may reserve the same right with regard to nationals of a third State who are not also nationals of the sending State. Article 23 - Persons declared non grata - I. The receiving State may at any time notify the sending State that a consular officer is or that any other member of the consular staff is not acceptable. In that event, the sending State shall, as the case may be, either recall the person concerned or terminate his functions with the consular post. 2. If the sending State refuses or fails within a reasonable time to carry out its obligations under paragraph I of this Article, the receiving State may, as the case may be, either withdraw the exequatur from the person concerned or cease to consider him as a member of the consular staff. 3. A person appointed as a member of a consular post may be declared unac• ceptable before arriving in the territory of the receiving State or, if already in the receiving State, before entering on his duties with the consular post. In any such case, the sending State shall withdraw his appointment. APPENDICES

4. In the cases mentioned in paragraphs I and 3 of this Article, the receiving State is not obliged to give to the sending State reasons for its decision. Article 24 - Notification to the receiving State of appointments, arrivals and de• partures - I. The Ministry for Foreign Affairs of the receiving State or the authority designated by that Ministry shall be notified of: (a) the appointment of members of a consular post, their arrival after ap• pointment to the consular post, their final departure or the termination of their functions and any other changes affecting their status that may occur in the course of their service with the consular post; (b) the arrival and final departure of a person belonging to the family of a member of a consular post forming part of his household and, where ap• propriate, the fact that a person becomes or ceases to be such a member of the family; (c) the arrival and final departure of members of the private staff and,where appropriate, the termination of their service as such; (d) the engagement and discharge of persons resident in the receiving State as members of a consular post or as members of the private staff entitled to privileges and immunities. 2. When possible, prior notification of arrival and final departure shall also be given. Article 28 - Facilities for the work of the consular post - The receiving State shall accord full facilities for the performance of the functions of the consular post. Article 30 - Accommodation - I. The receiving State shall either facilitate the acquisition on its territory, in accordance with its laws and regulations, by the sending State of premises necessary for its consular post or assist the latter in obtaining accommodation in some other way. 2. It shall also, where necessary, assist the consular post in obtaining suita• ble accommodation for its members. Article 69 - Consular agents who are not heads of consular posts - I. Each State is free to decide whether it will establish or admit consular agencies conducted by consular agents not designated as heads of consular post by the sending State. 2. The conditions under which the consular agencies referred to in paragraph I of this Article may carryon their activities and the privileges and immunities which may be enjoyed by the consular agents in charge of them shall be de• termined by agreement between the sending State and the receiving State. Article 70 - Exercise of consular functions by diplomatic missions - I. The pro• visions of the present Convention apply also, so far as the context permits, to the exercise of consular functions by a diplomatic mission. 2. The names of members of a diplomatic mission assigned to the consular section or otherwise charged with the exercise of the consular functions of the mission shall be notified to the Ministry of Foreign Affairs of the receiving State or to the authority designated by that Ministry.

II. FUNCTIONS OF CONSULAR OFFICERS

Article 5 - Consular functions - Consular functions consist in: (a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits per• mitted by international law; APPENDICES

(b) furthering the development of commercial, economic, cultural and scientific relations between the sending State and the receiving State and otherwise promoting friendly relations between them in accordance with the pro• visions of the present Convention; (c) ascertaining by all lawful means conditions and developments in the com• mercial, economic, cultural and scientific life of the receiving State, reporting thereon to the government of the sending State and giving information to persons interested; (d) issuing and travel documents to nationals of the sending State, and visas or appropriate documents to persons wishing to travel to the sending State; (e) helping and assisting nationals, both individuals and bodies corporate, of the sending State; (f) acting as notary and civil registrar and in capacities of a similar kind, and performing certain functions of an administrative nature, provided that there is nothing contrary thereto in the laws and regulations of the re• ceiving State; (g) safeguarding the interests of nationals, both individuals and bodies corpo• rate, of the sending State in cases of succession mortis causa in the territory of the receiving State, in accordance with the laws and regulations of the receiving State; (h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full ca• pacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons; (i) subject to the practices and procedures obtaining in the receiving State, repre• senting or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests; (j) transmitting judicial and extra-judicial documents or executing letters rogatory or commissions to take evidence for the courts of the sending State in accordance with international agreements in force or, in the absence of such international agreements, in any other manner compatible with the laws and regulations of the receiving State; (k) exercising rights of supervision and inspection provided for in the laws and regulations of the sending State in respect of vessels having the nationality of the sending State, and of aircraft registered in that State, and in respect of their crews; (I) extending assistance to vessels and aircraft mentioned in sub-paragraph (k) of this Article, and to their crews, taking statement regarding the voyage of a vessel, examining and stamping the ship's papers, and without prejudice to the powers of the authorities of the receiving State, conducting investi• gations into any incidents which occurred during the voyage, and settling disputes of any kind between the master, the officers and the seamen in so far as this may be authorized by the laws and regulations of the sending State; (m) performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are APPENDICES

referred to in the international agreements in force between the sending State and the receiving State. Article 36 - Communication and contact with nationals of the sending State - I. With a view to facilitating the exercise of consular functions relating to nationals of the sending State: (a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consu• lar officers of the sending State; (b) if he so requests, the competent authorities of the receiving State shall without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communi• cation addressed to the consular post by the person arrested, in prison, custody or detention shall also be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this sub-paragraph; (c) consular officers shall have the right to visit a national of the sending State who is in prison, custody, or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgment. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action. 2. The rights referred to in paragraph I of this Article shall be exercised in with the laws and regulations of the receiving State, subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purpose for which the rights accorded under this Article are intended. Article 37 - Information in cases of deaths, guardianship or trusteeship, wrecks and air accidents - If the relevant information is available to the competent authorities of the receiving State, such authorities shall have the duty: (a) in the case of the death of a national of the sending State, to inform without delay the consular post in whose district the death occurred; (b) to inform the competent consular post without delay of any case where the appointment of a guardian or trustee appears to be in the interests of a minor or other person lacking full capacity who is a national of the sending State. The giving of this information shall, however, be without prejudice to the operation of the laws and regulations of the receiving State concerning such appointments ; (c) if a vessel, having the nationality of the sending State, is wrecked or runs aground in the territorial sea or internal waters of the receiving State, or if an aircraft registered in the sending State suffers an accident on the terri• tory of the receiving State, to inform without delay the consular post nearest to the scene of the occurrence. Article 38 - Communication with the authorities of the receiving State - In the exercise of their functions, consular officers may address: (a) the competent local authorities of their consular district; (b) the competent central authorities of the receiving State if and to the extent that this is allowed by the laws, regulations and usages of the receiving State or by the relevant international agreements . .Article 39 - Consular fees and charges - I. The consular post may levy in the APPENDICES

territory of the receiving State the fees and charges provided by the ~aws and regulations of the sending State for consular acts. 2. The sums collected in the form of the fees and charges referred to in para• graph I of this Article, and the receipts for such fees and charges, shall be exempt from all dues and taxes in the receiving State.

III. CONSULAR PRIVILEGES AND IMMUNITIES

Article 29 - Use of national flag and coat-of-arms - 1. The sending State shall have the right to the use of its national flag and coat-of-arms in the receiving State in accordance with the provisions of this Article. 2. The national flag of the sending State may be flown and its coat-of-arms displayed on the building occupied by the consular post and at the entrance door thereof, on the residence of the head of the consular post and on his means of transport when used on official business. 3. In the exercise of the right accorded by this Article, regard shall behad to the laws, regulations and usages of the receiving State. Article 3I - Inviolability of the consular premises - 1. Consular premises shall be inviolable to the extent provided in this Article. 2. The authorities of the receiving State shall not enter that part of the consu• lar premises which is used exclusively for the purpose of the work of the consu• lar post except with the consent of the head of the consular post or of his designee or of the head of the diplomatic mission of the sending State. The consent of the head of the consular post may, however, be assumec.l in case of fire or other disaster requiring prompt protective action. 3. Subject to the provisions of paragraph 2 of this Article, the receiving State is under a special duty to take all appropriate steps to protect the consular premises against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity. 4. The consular premises, their furnishings, the property of the consular post and its means of transport shall be immune from any form of requisition for purposes of national defence or public utility. If expropriation is necessary for such purposes, all possible steps shall be taken to avoid impeding the per• formance of consular functions, and prompt, adequate and effective compen• sation shall be paid to the sending State. Article 32 -Exemption from taxation of consular premises - 1. Consular premises and the residence of the career head of consular post of which the sending State or any person acting on its behalf is the owner or lessee shall be exempt from all national, regional or municipal dues and taxes whatsoever, other than such as represent payment for specific services rendered. 2. The exemption from taxation referred to in paragraph I of this Article shall not apply to such dues and taxes if, under the law of the receiving State, they are payable by the person who contracted with the sending State or with the person acting on its behalf. Article 33 - Inviolability of the consular archives and documents - The consular archives and documents shall be inviolable at all times and wherever they may be. Article 34 - Freedom of movement - Subject to its laws and regulations con• cerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure freedom of movement and travel in its territory to all members of the consular post. Article 35 - Freedom of communication - 1. The receiving State shall permit and protect freedom of communication on the part of the consular post for all 490 APPENDICES official purposes. In communicating with the government, the diplomatic missions and other consular posts, wherever situated, of the sending State, the consular post may employ all appropriate means, including diplomatic or consular bags and messages in code or cipher. However, the consular post may install and use a wireless transmitter only with the consent of the receiving State. 2. The official correspondence of the consular post shall be inviolable.Of• ficial correspondence means all corespondence relating to the consular post and its functions. 3. The consular bag shall be neither opened nor detained. Nevertheless, if the competent authorities of the receiving State have serious reason to believe that the bag contains something other than the correspondence, documents or articles referred to in paragraph 4 of this Article, they may request that the bag be opened in their presence by an authorized representative of the sending State. If this request is refused by the authorities of the sending State, the bag shall be returned to its place of origin. 4. The packages constituting the consular bag shall bear visible external marks of their character and may contain only official correspondence and documents or articles intended exclusively for official use. 5. The consular courier shall be provided with an official document indicating his status and the number of packages constituting the consular bag. Except with the consent oft he receiving State he shall be neither a national of thereceiving State, nor unless he is a national of the sending State, a permanent resident of the receiving State. In the performance of his functions he shall be protected by the receiving State. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention. 6. The sending State, its diplomatic missions and its consular posts may designate consular couriers ad hoc. In such cases the provisions of paragraph 5 of this Article shall also apply except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the consular bag in his charge. 7. A consular bag may be entrusted to the captain of a ship or of a commercial aircraft scheduled to land at an authorized port of entry. He shall be provided with an official document indicating the number of packages constituting the bag, but he shall not be considered to be a consular courier. By arrangement with the appropriate local authorities, the consular post may send one of its members to take possession of the bag directly and freely from the captain of the ship or of the aircraft. Article 40 - Protection of consular officers - The receiving State shall treat consular officers with due respect and shall take all appropriate steps to prevent any attack on their person, freedom or dignity. Article 4I - Personal inviolability of consular officers - I. Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority. 2. Except in the case specified in paragraph I of this Article, consular officers shall not be committed to prison or liable to any other form of restriction on their personal freedom save in execution of a judicial decision of final effect. 3. If criminal proceedings are instituted against a consular officer, he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except in the case specified in paragraph I of this Article, in a manner which will hamper the exercise of consular functions as little as possible. When, in the circumstances mentioned in paragraph I of this Article, it has become necessary APPENDICES 49 I

to detain a consular officer, the proceedings against him shall be instituted with the minimum of delay. Article 42 - Notification at arrest, detention or prosecution - In the event of the arrest or detention, pending trial, of a member of the consular staff, or of criminal proceedings being instituted against him, the receiving State shall promptly notify the head of the consular post. Should the latter be himself the object of any such measure, the receiving State shall notify the sending State through the diplomatic channel. Article 43 - Immunity tram jurisdiction - 1. Consular officers and consular employees shall not be amenable to the jurisdiction of the judicial or adminis• trative authorities of the receiving State in respect of acts performed in the exercise of consular functions. 2. The provisions of paragraph I of this Article shall not, however, apply in respect of a civil action ei ther; (a) arising out of a contract concluded by a consular officer or a consular employee in which he did not contract expressly or impliedly as an agent of the sending Sta' ~; or (b) by a third party for damage arising from an accident in the receiving State caused by a vehicle, vessel or aircraft. Article 44 - Liability to give evidence - I. Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings. A consular employee or a member of the service staff shall not, except in the cases mentioned in paragraph 3 of this Article, decline to give evidence. If a consular officer should decline to do so, no coercive measure or penalty may be applied to him. 2. The authority requiring the evidence of a consular officer shall avoid interference with the performance of his functions. It may, when possible, take such evidence at his residence or at the consular post or accept a statement from him in writing. 3. ~1embers of a consular post are under no obligation to give evidence con• cerning matters connected with the exercise of their functions or to produce official correspondence and documents relating thereto. They are also entitled to decline to give evidence as expert witnesses with regard to the law of the sending State. Article 45 - TV aiver at privileges and immunities - 1. The sending State may waive, with regard to a member of the consular post, any of the privileges and immunities provided for in Articles 41, 43 and 44. 2. The waiver shall in all cases be express, except as provided in paragraph 3 of this Article, and shall be communicated to the receiving State in writing. 3. The initiation of proceedings by a consular officer or a consular employee in a matter where he might enjoy immunity from jurisdiction under Article 43 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. 4. The waiver of immunity from jurisdiction for the purposes of civil or administrative proceedings shall not be deemed to imply the waiver of immunity from the measures of execution resulting from the judicial decision; in respect of such measures, a separate waiver shall be necessary. Article 46 - Exemption tram registration at aliens and residence permits - I. Consular officers and consular employees and members of their families forming part of their households shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits. 2. The provisions of paragraph I of this Article shall not, however, apply to 492 APPENDICES any consular employee who is not a permanent employee of the sending State or who carries on any private gainful occupation in the receiving State or to any member of the family of any such employee. A ytide 47 - Exemption IYom woyk peYmits - I. Members of the consular post shall, with respect to services rendered for the sending State, be exempt from any obligation in regard to work permits imposed by the laws and regulations of the receiving State concerning the employment of foreign labour. 2. Members of the private staff of consular officers and of consular employees shall, if they do not carry on any other gainful occupation in the receiving State, be exempt from the obligations referred to in paragraph I of this Article. Arlide 48 - Social secuYity exemption - I. Subject to the provisions of paragraph 3 of this Article, members of the consular post with respect to services rendered by them for the sending State and members of their families forming part of their households shall be exempt from social security provisions which may be in force in the receiving State. 2. The exemption provided for in paragraph I of this Article shall apply also to members of the private staff who are in the sole employ of members of the consular post, on condition: (a) that they are not nationals of or permanently resident in the receiving State, and (b) that they are covered by the social security provisions which are in force in the sending State or a third State. 3. Members of the consular post who employ persons to whom the exemption provided for in paragraph 2 of this Article does not apply shall observe the obli• gations which the social security provisions of the receiving State impose upon employers. 4. The exemption provided for in paragraphs I and 2 of this Article shall not preclude voluntary participation in the social security system of the receiving State, provided that such participation is permitted by that State. A rlick 49 - Exemption from taxation - I. Consular officers and consular employees and members of their families forming part of their households shall be exempt from all dues and taxes, personal or real, national, regional or mu• nicipal, except: (a) indirect taxes of a kind which are normally incorporated in the price of goods or services; (b) dues or taxes on private immovable property situated in the territory of the receiving State, subject to the provisions of Article 32; (c) estate, succession or inheritance duties, and duties on transfers levied by the receiving State, subject to the provisions of paragraph (b) of Article 51; (d) dues and taxes on private income, including capital gains, having its source in the receiving State and capital taxes relating to investments made in commercial or financial undertakings in the receiving State; (e) charges levied for specific services rendered; (f) registration, court or record fees, mortgage dues and stamp duties, subject to the provisions of Article 32. 2. Members of the service staff shall be exempt from dues and taxes on the wages which they receive for their services. 3. Members of the consular post who employ persons whose wages or salaries are not exempt from income tax in the receiving State shall observe the obli• gations which the laws and regulations of that State impose upon employers concerning the levying of income tax. A ytick 50 - Exemption from customs duties and inspection - I. The receiving State shall, in accordance with such laws and regulations as it may adopt, APPENDICES 493 permit entry of and grant exemption from all customs duties, taxes and related charges other than charges for storage, cartage and similar services, on: (a) articles for the official use of the consular post; (b) articles for the personal use of a consular officer or members of his family forming part of his household, including articles intended for his establish• ment. The articles intended for consumption shall not exceed the quantities necessary for direct utilization by the persons concerned. 2. Consular employees shall enjoy the privileges and exemptions specified in paragraph I of this Article in respect of articles imported at the time of first installation. 3. Personal baggage accompanying consular officers and members of their families forming part of their households shall be exempt from inspection. It may be inspected only if there is serious reason to believe that it contains articles other than those referred to in sub-paragraph (b) of paragraph I of this Article, or articles the import or export of which is prohibited by the laws and regulations of the receiving State or which are subject to its quarantine laws and regulations. Such inspection shall be carried out in the presence of the consular officer or member of his family concerned. Article 5I - Estate of a member of the consular post or of a member of his family - In the event of the death of a member of the consular post or of a member of his family forming part of his household, the receiving State: (a) shall permit the export of the movable property of the deceased, with the exception of any such property acquired in the receiving State the export of which was prohibited at the time of his death; (b) shall not levy national, regional or municipal estate, succession or inherit• ance duties, and duties on transfers, on movable property the presence of which in the receiving State was due solely to the presence in that State of the deceased as a member of the consular post or as a member of the family of a member of the consular post. Article 52 - Exemption from personal services and contributions - The receiving State shall exempt members of the consular post and members of their families forming part of their households from all personal services, from all of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting. Article 53 - Beginning and end of consular privileges and immunities - I. Every member of the consular post shall enjoy the privileges and immunities provided in the present Convention from the moment he enters the territory of the re• ceiving State on proceeding to take up his post or, if already in its territory, from the moment when he enters on his duties with the consular post. 2. Members of the family of a member of the consular post forming part of his household and members of his private staff shall receive the privileges and immunities provided in the present Convention from the date from which he enjoys privileges and inmunities in accordance with paragraph I of this Article or from the date of their entry into the territory of the receiving State or from the date of their becoming a member of such family or private staff, whichever is the latest. 3. \Vhen the functions of a member of the consular post have come to an end, his privileges and immunities and those of a member of his family forming part of his household or a member of his private staff shall normally cease at the moment when the person concerned leaves the receiving State or on the expiry of a reasonable period in which to do so, whichever is the sooner, but shall sub• sist until that time, even in case of armed conflict. In the case of the persons referred to in paragraph 2 of this Article, their privileges and immunities shall 494 APPENDICES come to an end when they cease to belong to the household or to be in the service of a member of the consular post provided, however, that if such persons intend leaving the receiving State within a reasonable period thereafter, their privileges and immunities shall subsist until the time of their departure. 4. However, with respect to acts performed by a consular officer or a consular employee in the exercise of his functions, immunity from jurisdiction shall continue to subsist without limitation of time. 5. In the event of the death of a member of the consular post, the members of his family forming part of his household shall continue to enjoy the privileges and immunities accorded to them until they leave the receiving State or until the expiry of a reasonable period enabling them to do so, whichever is the sooner. Article 55 - Respect /01' the laws and regulations 0/ the receiving State - I. With• out prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State. 2. The consular premises shall not be used in any manner incompatible with the exercise of consular functions. 3. The provisions of paragraph 2 of this Article shall not exclude the possi• bility of offices of other institutions or agencies being installed in part of the building in which the consular premises are situated, provided that the premises assigned to them are separate from those used by the consular post. In that event, the said offices shall not, for the purposes of the present Convention, be considered to form part of the consular premises. Article 56 - Insurance against third party risks - Members of the consular post shall comply with any requirement imposed by the laws and regulations of the receiving State in respect of insurance against third party risks arising from the use of any vehicle, vessel or aircraft. Article 57 - Special provisions concerning private gainful occupation - I. Ca• reer consular officers shall not carry on for personal profit any professional or commercial activity in the receiving State. 2. Privileges and immunities provided in this Chapter shall not be accorded: (a) to consular employees or to members of the service staff who carryon any private gainful occupation in the receiving State; (b) to members of the family of a person referred to in sub-paragraph (a) of this paragraph or to members of his private staff; (c) to members of the family of a member of a consular post who themselves carry on any private gainful occupation in the receiving State. Article 7 I - Nationals or permanent residents 01 the receiving State - I. Except in so far as additional facilities, privileges and immunities may be granted by the receiving State, consular officers who are nationals of or permanently resident in the receiving State shall enjoy only immunity from jurisdiction and personal inviolability in respect of official acts performed in the exercise of their functions and the privilege provided in paragraph 3 of Article 44. So far as these consular officers are concerned, the receiving State shall likewise be bound by the obligation laid down in Article 42. If criminal proceedings are instituted against such a consular officer, the proceedings shall, except when he is under arrest or detention, be conducted in a manner which will hamper the exercise of consular functions as little as possible. 2. Other members of the consular post who are nationals of or permanently resident in the receiving State and members of their families, as well as members of the families of consular officers referred to in paragraph 1 of this Article, shall enjoy facilities, privileges and immunities only in so far as these are APPENDICES 495

granted to them by the receiving State. Those members of the families of members of the consular post and those members of the private staff who are themselves nationals of or permanently resident in the receiving State shall likewise enjoy facilities, privileges and immunities only in so far as these are granted to them by the receiving State. The receiving State shall, however, exercise its jurisdiction over those persons in such a way as not to hinder unduly the performance of the functions of the consular post.

IV. POSITION OF HONORARY CONSULAR OFFICERS

Article 58 - General provisions relating to facilities, privileges and immunities 1. Articles 28,29,30,34,35, 36, 37, 38 and39, paragraph 3 of Article 54 and para• graphs 2 and 3 of Article 55 shall apply to consular posts headed by an honorary consular officer. In addition, the facilities, privileges and immunities of such consular posts shall be governed by Articles 59, 60, 61 and 62. 2. Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and para• graph 1 of Article 55 shall apply to honorary consular officers. In addition, the facilities, privileges and immunities of such consular officers shall be governed by Articles 63, 64, 65, 66 and 67. 3. Privileges and immunities provided in the present Convention shall not be accorded to members of the family of an honorary consular officer or of a consu• lar employee employed at a consular post headed by an honorary consular officer. 4. The exchange of consular bags between two consular posts headed by honorary consular officers in different States shall not be allowed without the consent of the two receiving States concerned. Article 59 - Protection of the consular premises - The receiving State shall take such steps as may be necessary to protect the consular premises of a consular post headed by an honorary consular officer against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity. Article 60 - Exemption from taxation of consular premises - 1. Consular premises of a consular post headed by an honorary consular officer of which the sending State is the owner or lessee shall be exempt from all national, regional or municipal dues and taxes whatsoever, other than such as represent payment for specific services rendered. 2. The exemption from taxation referred to in paragraph 1 of this Article shall not apply to such dues and taxes if, under the laws and regUlations of the receiving State, they are payable by the person who contracted with the sending State. Article 6I - Inviolability of consular archives and documents - The consular archives and documents of a consular post headed by an honorary consular officer shall be inviolable at all times and wherever they may be, provided that they are kept separate from other papers and documents, and in particular, from the private correspondence of the head of a consular post and of any person working with him, and from the materials, books or documents relating to their profession or trade. Article 62 - Exemption from customs duties - The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of, and grant exemptions from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services on the following articles, provided that they are for the official use of a consular post headed by an honorary consular officer: coats-of-arms, flags, signboards, seals and stamps, APPENDICES books, official printed matter, office furniture, office equipment and similar articles supplied by or at the instance of the sending State to the consular post. Article 63 - Criminal proceedings - If criminal proceedings are instituted against an honorary consular officer, he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except when he is under arrest or detention, in a manner which will hamper the exercise of consular functions as little as possible. When it has become necessary to detain an honorary consu• lar officer, the proceedings against him shall be instituted with the minimum of delay. Article 64 - Protection of honorary consular officers - The receiving State is under a duty to accord to an honorary consular officer such protection as may be required by reason of his official position. Article 65 - EJ&emption from registration of aliens and residence permits - Honor• ary consular officers, with the exception of those who carry on for personal profit any professional or commercial activity in the receiving State, shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits. Article 66 - EJ&emption from taJ&ation - An honorary consular officer shall be exempt from all dues and taxes on the remuneration and emoluments which he receives from the sending State in respect of the exercise of consular functions. Article 67 - EJ&emption from personal services and contributions - The receiving State shall exempt honorary consular officers from all personal services and from all public services of any kind whatsoever and from military obligations such as those connected with requisitioning, military contributions and billeting. Article 68 - Optional character of the institution of honorary consular officers - Each State is free to decide whether it will appoint or receive honorary consu• lar officers.

v. TERMINATION OF CONSULAR FUNCTIONS

Article 25 - Termination of the functions of a member of a consular post - The functions of a member of a consular post shall come to an end inter alia: (a) on notification by the sending State to the receiving State that his functions have come to an end; (b) on withdrawal of the eJ&equatur; (c) on notification by the receiving State to the sending State that the receiving State has ceased to consider him as a member of the consular staff. Article 26 - Departure from the territory of the receiving State - The receiving State shall, even in case of armed conflict, grant to members of the consular post and members of the private staff, other than nationals of the receiving State, and to members of their families forming part of their households irres• spective of nationality, the necessary time and facilities to enable them to prepare their departure and to leave at the earliest possible moment after the termination of the functions of the members concerned. In particular, it shall, in case of need, place at their disposal the necessary means of transport for themselves and their property other than property acquired in the receiving State the export of which is prohibited at the time of departure. Article 27 - Protection of consular premises and archives and of the interests of the sending State in eJ&ceptional circumstances - I. In the event of the severance of consular relations between two States: (a) the receiving State shall, even in case of armed conflict, respect and protect APPENDICES 497

the consular premises, together with the property of the consular post and the consular archives; (b) the sending State may entrust the custody of the consular premises, together with the property contained therein and the consular archives to a third State acceptable to the receiving State; (c) the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State. 2. In the event of the temporary or permanent closure of a consular post, the provisions of sub-paragraph I of this Article shall apply. In addition, (a) if the sending State, although not represented in the receiving State by a diplomatic mission, has another consular post in the territory of that State, that consular post may be entrusted with the custody of the premises of the consular post which has been closed, together with the property contained therein and the consular archives, and, with the consent of the receiving State, with the exercise of consular functions in the district of that consular post; or (b) if the sending State has no diplomatic mission and no other consular post in the receiving State, the provisions of sub-paragraphs (b) and (c) of paragraph I of this Article shall apply.

VI. POSITION IN THIRD STATES

Article 54 - Obligations of third States - I. If a consular officer passes through or is in the territory of a third State, which has granted him a visa if a visa was necessary, while proceeding to take up or return to his post or when re• turning to the sending State, the third State shall accord to him all immunities provided for by the other Articles of the present Convention as may be required to ensure his transit or return. The same shall apply in the case of any member of his family forming part of his household enjoying such privileges and im• munities who are accompanying the consular officer or travelling separately to join him or to return to the sending State. 2. In circumstances similar to those specified in paragraph I of this Article, third States shall not hinder the transit through their territory of other members of the consular post or of members of their families forming part of their households. 3. Third States shall accord to official correspondence and to other official communications in transit, including messages in code or cipher, the same freedom and protection as the receiving State is bound to accord under the present Convention. They shall accord to consular couriers who have been granted a visa, if a visa was necessary, and to consular bags in transit, the same invio• lability and protection as the receiving State is bound to accord under the present Convention. 4. The obligations of third States under paragraphs I, 2 and 3 of this Article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and to consular bags, whose presence in the territory of the third State is due to jorce majeure.

VII. RECIPROCITY AND DISCRIMINATION

Article 72 - Non-discrimination - I. In the application of the provisions of the present Convention the receiving State shall not discriminate as between States. 2. However, discrimination shall not be regarded as taking place: APPENDICES

(a) where the receiving State applies any of the provisions of the present Con• vention restrictively because of a restrictive application of that provision to its consular posts in the sending State; (b) where by customs or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention. BIBLIOGRAPHY

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MOORE, J. B. A Digest of International Law. 8 Vols. (1906). - International Arbitrations. 6 Vols. (1898). NICHOLSON, HAROLD. . NUSSBAUM, ARTHUR. American-Swiss Private International Law. New York, (1960). OPPENHEIM, L. International Law. Edited by Lauterpacht: 2 Vols., 8th ed. PHILLIMORE, SIR ROBERT. Commentaries upon International Law. 3rd ed., 4 Vols. (1879-88). RALSTON, JACKSON H. The Law and Procedure of International Tribunals. Re• vised ed. (1926). REEVES, PROF. J. S. "Diplomatic Privileges and Immunities." 26 A.J.I.L. (1932), Supp. Vol., Part I pp. 19-187. RIVIER, A. Principes du Droit des Gens. (1896). SASTRI, PROF. K. A. KILKANTA. International Law in Ancient India. SATOW, SIR ERNEST 1\1. A Guide to Diplomatic Practice. 4th ed. SCHMALZ. Europaisches V8lkerrecht. SCHWARZEl'BERGER, G. International Law. 3rd ed. (1958). - "Property Abroad," Current Legal Problems (1952). SCOTT, J. B. Cases on International Law, (1937) SHEPARD, P. Sovereignty and State Owned Commercial Entities. (1951). SINCLAIR. "Nationality of Claims, British Practice." XXVII B. Y.I.L. (1950), pp. 125-44. SLATIN. "De la Juridiction sur des agents diplomatiques." Journal du droit international, Vol. II, p. 329. SMITH, H.A. Great Britain and the Law of Nations. 2 Vols. (1932-35). STARKE J. G. An Introduction to International Law. (1954), STEPHEN. Digest of Criminal Law. SUCHARITKUL, SOMPONG. State Immunities and Trading A ctivities in I nter• national Law. London (1959). United Nations. The Declaration of Human Rights. VATTEL, EMRICH DE. Le droit des Gens. Translated by Fenwick as The Classics of International Law. (1958). WARD. Law of Nations. (1795). WATKINS, R. D. The State As Party Litigant. (1927). WEBSTER. Britain and Independence of Latin America. WESTLAKE, J. International Law. 2 Vols. (1910-13). \\TILSON .•• Property Protection Provisions in lJ nited States Commercial Treaties." 45, A .J.I.L., p. 83· WORTLEY, B. A. Expropriation in Public International Law. (1959). ZVENKO, R. RODE. "Dual Nationality and the Doctrine of Dominant Nation• ality." 53 A.J.I.L., (1959), pp. 142-43. AGREEMENTS, TREATIES AND CONVENTIONS

Anglo-American Extradition Treaty, 1931. Austria-Soviet Union Consular Treaty, 28 February 1959. Austria-Yugoslavia Consular Convention, 18 March 1960. Benelux Economic Union, Treaty Establishing the, 3 February 1958. Brussels Convention, (Immunity of Public Ships), 1926. Caracas Agreement, 1911. European Convention on Establishment, 1955. Extradition Convention, 5 May 1954. (Drawn up by the Legal Committee of the Council of Europe). France-Federal Republic of Extradition Treaty, 29 November 1951. France-Italy Consular Convention, 12 January 1955. France-Sweden Consular Convention, 5 March 1955. Franco-German Commercial Agreement, 17 August 1927. Germany-Italy Extradition Treaty, 12 June 1942. Greece-Lebanon Consular Convention, 1948. Hague Convention on the Conflict of Nationality Laws, 1930. Havana Convention on Consular Agents, 1928. Havana Convention on Diplomatic Officers, 1928. Havana Convention on the Status of Aliens, 1928. India-Muscat Oman Consular Treaty, 1953. Inter-American Convention on the Status of Aliens, 1928. Italy-Jordan Consular Treaty, 1952. League of Arab States Extradition Agreement, 14 September 1952. Pan American Convention, 1928. Philippines-Spain Consular Convention, 20 May 1948. Poland-Hungary Consular Convention, 1959. Poland-Yugoslavia Consular Convention, 1958. Sino-British Treaty of Tietsin, 1858. Soviet Union-Albania Consular Convention, 18 September 1957. Soviet Union-Bulgaria Consular Convention, 12 December 1957. Soviet Union-Federal Republic of Germany Consular Convention, 25 April 1958. Soviet Union-German Democratic Republic Consular Treaty, 10 May 1957. Soviet Union-Hungary Consular Convention, 24 August 1957. Soviet Union-Mongolia Consular Treaty, 25 August 1958. Soviet Union-North Korea Consular Convention, 16 December 1959. Soviet Union-North Vietnam Consular Convention, 5 June 1959. Soviet Union-People's Republic of China Consular Convention, 23 June 1959. Soviet Union-Poland Consular Treaty, 21 January 1958. AGREEMENTS, TREATIES AND CONVENTIONS 503

Soviet Union-Roumania Consular Convention, 4 September 1957. Switzerland-India Consular Treaty 1948. U.K.-Austria Consular Convention, 24 June 1950. U.K.-Federal Republic of Germany Consular Convention, 30 July 1956. U.K.-France Consular Convention, 31 December 1951. U.K.-Greece Consular Convention, 17 April 1933. U.K.-Italy Consular Convention, 1 June 1954. U.K.-Mexico Consular Convention, 20 March 1954. U.K.-Norway Consular Convention, 22 February 1952. U.K.-Sweden Consular Convention, 14 March 1952. U.S.A.-Costa Rica Consular Convention, 12 January 1948. U.S.A.-Denmark Consular Treaty, 16 April 1957. U.S.A., Great Britain and Iraq Consular Convention, 1930. U.S.A.-Iran Treaty of Amity, Economic Relations and Consular Rights, 15 August 1955. U.S.A.-Ireland Consular Convention, I May 1950. U.S.A.-Italy Treaty of Friendship, Commerce and Navigation, 2 February 1948. U.S.A.-Japan Extradition Treaty U.S.A.-Japan Treaty of Friendship, Commerce and Navigation, 2 April 1953. U.S.A.-Mexico Consular Convention, 12 August 1942. U.S.A.-Muscat Oman Treaty of Amity, Consular Relations and Consular Rights, 20 December 1958. U.S.A.-Norway Treaty of Friendship, Commerce and Consular Rights, 1928. U.S.A.-Philippines Consular Treaty, 1931. U.S.A.-Poland Consular Treaty, 1931. U.S.A.-U.K. Consular Convention, 6 June 1951. U.S.A.-U.K. Consular Convention, 1961. NATIONAL LAWS AND REGULATIONS

Argentine Consular Regulations. Australia, Australian Nationality and Citizenship Act, 1948-58. Burma, Constitution of. Canada, Canadian Citizenship Act, 1946 as amended. Instructions for the Guidance of Officers performing Consular Duties. Denmark, Instructions for Danish Foreign Service 1932. Egypt, Law of 27 February 1929. Federation of Malaya, Constitution of, 1957. France, Law of 14 July 1905. Nationality Code, 19 October 1945. Ordinances of 1781 and 1833. Hungary, Law No. XVIII of 1937. India. Indian Citizenship Act, 1955. Preventive Detention Act, 1950. Iraq. Nationality Law, 1924. Japan, (Citizenship) Law No. 147. Mexico, Constitution of. Law of 29 January 1934. Ley del Servicio Exterior, 1943. Netherlands, Consular Manual, 1951. Consular Regulations, 1786. Pakistan, Citizenship Act, 1951 (as amended). Philippines, Constitution of. Switzerland, Constitution of. U.K.. Aliens Order, 18 September 1939 (S.R. and O. 1939, No. 1059). British Nationality Act, 1948. Consular Act, 1825. Consular Instructions. Defence Act 1939. Defence of Realm Act, 1914. Diplomatic Privileges Act, 1708. Extradition Acts of 1870, 1873, 1906 and 1932. Statute of Queen Anne, 1708. U.S.A. Act of Congress regarding Aliens approved on 28 June 1940. Constitution of. Consular Service Acts, 1792 and 1856. Foreign Service Manual. 1949. Foreign Service Regulations, 1941. Nationality Act, 1940 as amended by 4 Stat. 1137. Revised Statutes. United States Code. U.S.S.R.. Constitution of December 5. 1936 (as amended). Decree of Nation• ality, 29 October 1924. Regulations concerning Diplomatic Missions and Consular Institutions, 1927. Yugoslavia, Constitution of. INDEX

Hundreds are not repeated e.g. 125, 44, 68, 209, 23 stands tor 125, 144, 168, 209, 223.

A excludable, 299 expropriation of property of, 311-15, Abbott, L. C. J., II5, 64 33-36 Absolute immunity, see Sovereign Im• expulsion of, 319-21, 26 munity extradition of, see Extradition Abuse of rights, 77-78, 96, 104, 6, 14, forced loans on, 318-19 46-47, 74, 86, 92, 269 movement of, 302 Accession, see Treaties nationalisation of property of, 3II-15, Accord, see Treaties 33-36 Act: see Treaties police protection to, 304-5 Acta: jure gestionis, 377, 80, 83, 86, 87, private persons, injury by, 296~8, 88, 91, 92, 95, 400 336-38 jure imperii, 377, 80, 82, 83, 86, 87, professional activities of, 306-g 95,96,400 property rights of, 309-16, 31-36 Acune de Arce v. Solorzano Y Menocal, 129 registration of, 302-3 Ad hoc missions, 3, 6 religious freedom of, 305--6 Adair, 108 residence of, 299-301, 302 Adams, Mr. Secretary, 417 speech and expression, freedom of, 306 Administration of estates, see Consuls taxation on, 317-18 and Diplomatic Agent war and emergency, 326 Admission of aliens, see Aliens Allen, 373 Advokaat v. Schuddinck and the Belgian Ambassadors, see Diplomatic Agent State, 382, 87 Ambatielos (Jurisdiction) Case, 468 Agostini v. De Antueno, 81 American Institute of International Law, Agrement, see Diplomatic Agent 92, 107, II, 205, 80 Agreement, see Treaties American League tor a Free Palestine v. Ahmed Bey El Saadani v. El Syed Mo- Tyre Shipping and Co., 255 hamed Dessouki, 251. Anglo-Iranian Oil Co. (Jurisdiction) Case, Aide Memoire, 51 441 Ali, Mohammad, 25 Anne, Statute of Queen, see under United Aliens: Kingdom access to courts, 304-5 Anzilotti, 374 admission of, 63-64, 296, 97, 98 Appointments: arbitrary arrest of, 304, 26 consular posts, see Consular Posts asylum to, see Asylum diplomatic posts, see Diplomatic Agent claims by, 343-45. Appuhamy v. Gregory, 154 commercial activities of, 306-g Archives: contracts and concessions, 316-17 consular, 248, 72-73 denial of justice to, 303, 5, 28-31 diplomatic, 99 deportation of, 319-21, 326 Argentina: diplomatic protection of, see Diplo• Consular RegUlations, 25 1, 54 matic Protection recognition of, 428 activities of, 323 Armenian Charge d'Affaires, case of, 138 506 INDEX

Arrest, see Aliens, Consular Immunities Beckett, Sir W. Eric, 245 and Privileges, Diplomatic Immunities Bedo's Estate, In re, 214, 36 and Privileges and Diplomatic Pro• Belgrade, Treaty of (1739), 9 tection Belgium, neutralisation of, 444 Arthasastra, 4 Asian-African Legal Consultative Com• Benelux Economic Union, Treaty es• mittee, 21, 27, 29,30,39,64, 79, 86, 91, tablishing, 298 95,96,97, 103,8, 12, 39, 40, 75, 87, 88; Berizzi Brothers v. The 5.5. Pesaro, 376, 290, 95, 97, 98,99,300, 1,3,5,6,8,10, 79,80,97 12, 18, 20, 21, 52, 56, 61, 62, 65,66,92, Berlin, Treaty of (1878), 451 94,95,96--97, 403. Bey, Rustum, dismissal of, 191 Assurantie Compagnie Excelsior v. Smith, Birkett, J., 136 154,57 Bismark,7 Asylum: Blaga de Coman v. Moisecu et AI, 129 Asylum case, The (Colombia v. Peru), Blair, refusal to receive, 26. 356,57 Blanchet v. Gouvernement d'Haiti, 380 deserters from armed forces, 353-54 Bluntschli's Draft Code, 86 diplomatic, 356-60 Bogota Charter (1948), 462 duty of vigilance over persons granted, Bolasco v. Wolter, 129 354 Bolivia, recognition of, 428 , hostile acts of, 354 Bolivia Exploration Syndicate, In re, State practice, 352-53, 55 II6, 31 territorial, 351-56 Borchard, E. M., 288, 89, 337 Atkin, Lord, 376 Borg v. Caisse Nationals d'Epargne Atlantic Charter (1941), 441, 58. Franfaise, 391 Attaches, 153-54 Boyed, Captain, recall of, 190 Attorney-General/or Canada v. Attomey• Bradford v. Chase National City Bank of General for Ontario, 448 New York, 402 Attorney-General for Canada v. Cairn, Bradford v. Director General of Railroads 297 of Mexico, 401 Australia, Nationality and Citizenship Bradford, A. G., 92 Act (1948-55), 282 Brasseur et AssociBs v. Republique grecque, Austria-Soviet Union Consular Treaty 388 (1931), 208 Brewster, Kingman, 315 -Soviet Union Consular Convention Briand-Kellogg Pact (1928), see Pact of (1959),208 Paris -Yugoslavia Consular Convention Briggs, H. W., 321, 23, 37 (1960), 208 Brinton, J. Y., 373 neutralisation of, 444, 45 British Commonwealth of Nations: Austro-German Customs Union, 457 citizenship within, 347 diplomatic relations within, 13 dominions, 12, B High Commissioners, 13,20,21,43 legal nature of, 13 Baccus S. R. L. v. Servicio Nacional del Statute of Westminster, see under Trigo, 399 United Kingdom Baggage of envoys, examination of, treaty making power of members of, 147-48 445 Balosaro, The 5.5., 381 waiver of visa requirement, 350 Bank Gospodarstwa Kraiowego, 401 British Nationality and Status of Aliens Bank of United States v. Planters Bank of Acts, see under United Kingdom Georgia, 400 Bruc, Comte de, 121 Barbuit's Case, 81, 129,53 Brussels: Convention concerning Govem• Barcelona Convention (1921), 457, 61 ment-owned Ships (1926), 383, 84, 86 Baron Frederick Born v. Yugoslavia, 288 Treaty Organisation, see Western Euro- Barthex de Montford v. Treuhander Haupt- pean Union verwaltung, 288 Bulwer, dismissal of, 190 Bartos, 95 Burma, Constitution of, (1947), 455 Basdevant, 453 Burnet v. Brooks, 318 Baz, In re, I36 Bynkershoek, C. van, 80 INDEX 50 7 c Coat of arms: consular right to put up, 262-63 C., In re, (an infant), 154 diplomatic right to put up, 148-49 Calls, see Diplomatic Agent Cobbett, Pitt, 374 Calvo, C., 8, 78, 124, 25, 87, 294, Cohen, L. J., 99 342 Comina v. Kite, 85, II7, 19 Calvo clause, 341 Commercial Activities of States: Camacho, 28 acta imperii and acta gestionis, 377, 80, Campbell, L. C. J., 375 82, 83, 84, 85, 86, 87, 88, 90, 91, 92, Campos, The, 381 93, 95, 96, 97, 400 Canada: contracts by or on behalf of govern• Citizenship Act (1946), 282 ments, 369-72 Consular Instructions (1951). 232, 39 doctrine of incorporation, 398, 99, Canevaro Case, The, (Italy v. Peru). 288, 401, 2 312 doctrine of sovereign immunity, see Canning, Rt. Hon. George, 412, 17, Sovereign Immunity 18 judicial decisions: Austria, 391; Bel• Canning, Sir Stratford, 26 gium 387-89; Eastern Europe, 392; Cano, In re, 129 Egypt, 390-91; France, 384-85; Caracas Agreement (19II), 225, 227 Germany 385-86; Italy, 389--90; Carbone v. Carbone, 176 Netherlands, 386-87 Carl Byoir and Associates Inc. v. Tsune- State agencies, 398-402 Chi Yu, 251 execution of judgments against, 402 Carlo-Poma, The, 379 State practice of Asian-African Carlos Wunchs, In re, 297 countries, 392--95 Caroline's Case, 134 Commercial Attaches, 35 Carranza, General, 421, 32, 33 Commission of appointment, See Consuls Carrera v. Carrera, 236, 65 Communications, see Consuls and Diplo- Carter, 373 matic Agent Castioni, In re, 365 Compania Mercantil Argentina v. Catacazy, recall of, 187 U.S.S.B., 376, 99 Cathelamet, The 382 Compromis, see Treaties Cellamare, Prince, 108 Conclusiveness of statements made by the Certificate of: Executive, 134-40, see also Certificate , 135 Concordat, see Treaties foreign office, 135, 36, 37, 38, 39 Constitution, see Treaties Minister of Justice, 138 Consular commission, see Consuls Ceylon, Citizenship Act (1948). 282. Consular functions: see also Consuls Chaliapine v. Representation Commerciale basis of, 227 de I'U.R.S.S. Societe Brenner, 385 definition of, 227-28 Charge d'Affaires, see Diplomatic Agent consulates performing diplomatic Charkieh, The, 378 functions, 228 Charter, see Treaties diplomatic missions performing, 228 Charter of United Nations, see United extraterritorial, 243-44 Nations nature of, 228-29 Cheng, Bin, 337 provisional exercise of, 214-15 Cheng-Gar-Lim, Exp., 154 third States, in, 225 Chilean in Argentina, case of, 251 on behalf of, 225-26 China: Consular immunities and privileges: People'S Republic of, 206 archives, 248 recognition of, 50, 420-21, 26, 27, 28, arrest or detention, in cases of, 253-54 32 , 33 basis of, 245-46 Revolution (19II). 359 coat of arms, display of, 262--63 Chorzow Factory Case, 312 duration of, 268 Chung Chi Cheung v. The King, 85 espionage, in cases of, 251-52 Citizenship, see Nationality fiscal: 258-62 Clarendon, Lord, 187 customs duty exemption, 261-62 Cloete, Exp. 135 fees collected by consulates, tax ex• Coale v. Societe Co-operative Suisse des emption of, 259 Charbons, 401 personal taxes exemption, 259-60 508 INDEX

indirect taxes, 260 premises, properties and archives of inviolability of consuls, 252-53 closed consulates, 272-73 jurisdictional, 249-55 Consuls: national flag, display of, 262-63 career, 217-18 of consuls doing private gainful activi• classes and ranks of, 218-19 ties, 265-66 commission of appointment, 211-12 of envoys performing consular communication, freedom of, 256-58 functions, 267 with co-nationals, 233, 57-58 of nationals of receiving State ap- customs exemption, see Consular Im• pointed as consuls, 266-67 munities and Privileges of premises, 246-48 districts, 208-10 personal, 249-51 dual diplomatic and consular functions, personal services exemption, 264-65 219-20 reciprocity as basis of, 265 duties of, 268-69 registration, exemption from, 263-64. estate functions, 237-38 residence permits - exemption from, exequatur, see Consular Posts 263-64 extraterritorial functions, 203, 43-44 social security legislation, exemption for more than one State, 226 from, 264 freedom of movement, 256 testimony, giving of, 254-56 historical evolution, 201-3 third States, in, 274-75 honorary, see Honorary Consuls traffic cases, 252 immunities and privileges, 245-69. See waiver of, 267-68 also Consular Immunities and work-permits, exemption from, 263-64 Privileges Consular invoices, 230 judicial functions, 241 Consular list, 222 marriage functions, 240-41 Consular posts: notarial functions, 238-39 amalgamation of diplomatic and consu• passport service, 239 lar services, 204-5 precedence, 223-25 appointment of acting head of post, promotion of friendly relations, 243 220-21 protection of the interests of home appointment of head of post, 211-12 State and co-nationals, 214-15 appointment of the same person by protection of trade and commerce of more than one State, 226 home State, 229-30 appointment of nationals of receiving registration functions, 239-40 State, 221-22 repatriation functions, 234-35 career consular service, 203-4 representation functions, 235-37 consular commission, 211-12 seamen, functions concerning, 242, 243 exequatur, 209, 10, 12, 13-14, 15, 16, service of summons, 241 20, 23, 45, 69, 70-72, 435, 36 shipping, functions concerning, 241-43 issue of, 212, 13 third States and, 274-75 refusal to issue, 213-14 titles of consular officers, 219 informal methods of making ap• visa, granting of, 239 pointments, 212-13 Convention, see Treaties notification of appointments, 215-17 Cooper, A. Duff, 24 restriction on number of, 216-17 Corporations, see Commercial Activities of Consular Premises (Austria) Case, 263 States and Sovereign Immunity Consular relations: Cottenet v. Dame Raffalowich, 129, 54 background, historical, 201-3 Council of Europe, Extradition Con- consular law, codification of, 205-6 vention (1954), 363 establishment of, 206-7 Covenant, see Treaties recent trends, 204-5 Credentials, see Diplomatic Agent Consular status, termination of: Crime by diplomatic agent, see Diplo- by death of consul, 272 matic Agent by extinction of State, 272-73 Cristina Case, The, 375,76, 77, 78 by relinquishment of post, 270 Cros, Du, arrest of, 173 by retaliation, 271 Customs exemption, see Consular Im• by withdrawal of exequatur, 270-72 munities and Privileges and Diplo• departure of members of consulate, matic Immunities and Privileges 273 Czecho Hair Tonics National Enterprise, In re, 391 INDEX 50 9

Czechoslovakia: classes of, 17-21 Constitution of (1948), 455 commercial activities of, I I I, 12 recognition of, 431. communication, freedom of, 102-6 concurrent accreditation of, 15, 21-24 credentials, 37, 38, 39-41, 182, 83-84 D curriculum vitae of, 32, 33, 186 death of, 150, 69, 97 Date of entry into force, see Treaties defamation of, 92 Deak, 174 departure of, facilities for, 195-97 Death of: duties of, 75-79 head of mission, 197 envoys-extraordinary, 17, 19 , 183 exterritoriality of, 80-8 I President, 184 extradition requests, 75 Declaration, see Treaties family of, 154-55, 69-70 Declaration of London, see London functions of, 46-79 Declaration of Paris, see Paris immunities and privileges of, 80-170 Declaration of St. Petersburgh, see St. See also Diplomatic Immunities and Peters burgh privileges Declaration on Human Rights, see interference in affairs of State, 75-79 Human Rights interpretation of viewpoint and so- De facto government, see Recognition liciting support, 49-50 Delvalle v. Plumer, 135 inviolability of, 90-93 De }\!feeus v. Forzano, lI8, 19 issue of information bulletins, 68-70 Denial of Justice, see A liens and Diplo• legates, 18 matic Protection lodging of protests, 49 Denmark: minister , 19 Constitution of, 455 minister resident, 18, 19 Instructions for Danish Foreign Service minorities, looking after, 70-71 (1932), 229 national of receiving State as, 27-29 Denning, Lord, 376 negotiation for treaties, 48-49 Deportation, see A liens non-diplomatic persons, 33-34 Dexter and Carpenter v. Kunlig, 379-80, notarial functions, 73-74 402 nuncios, 18 Dicey, A. V., 240 offences against, 92, 93, 108-10 Dickinson v. Del Solar, 129, 31 offences by, 92 Dientz v. De la Jara, 154 persona-non-grata, 44-45, 185-88 Diplomacy, growth of, precedence of, 42-43 Asian States, 4 proceeding to post, 37-39 European States, 5 proceedings in court against, I 13-14, Greece, 3 28, 68, 404-5 Jews, 4 proceedings in court by, 113, 27-28, Rome, 3 31-32 \Vest Asia, 4 promotion of friendly relations, 67-68 modern, rise of, 5-7 protection of interests of co-nationals language of, 40 and home State, 60-67 Diplomatic Agent: recall of, 188-91, 93 agrement, 25-26, 167, 215 reception of, 38 reasons for refusal of, 26-27 Regulations, Aix-Ia-Chapelle, (1818), ambassadors, 17-18 17-18, 42 appointment of, 30-33 Regulations, Congress of Vienna (1815). arrest of, lIO, 15 17, 18, 42, 442-43, 60 asylum, right of, see Asylum reporting on conditions in receiving audience, 182 State, 53-55 authentication of documents, 73-74 reporting on economic developments, baggage of, see Baggage 56-57 callsAI representation of sending State, 47 career , 31-32 residence, 93-95 ceremonial, 40-41 right of passage, 172-73 charge d'affaires, 18, 19, 20, 27 service of summons, 75 ad interim, 20, 27 speech by, 40, 183 510 INDEX

suits against, 113-14 execution proceedings, in case of, 132- termination of mission of, 182-97. See 33, 168 also Diplomatic M issicm family of diplomatic agent, 130, 54-55, third States and, 171-81 78,97 visits, 51 flag and emblem cif home State, right wife of, 41, 154-55, 69-70 to use, 148-49 : inquests, 150 composition, 42 inviolability of: doyen of, 43-44 carriages, 98-99 precendence, 42-43 person,9Q-g3 Diplomatic Immunities (Commonwealth premises, 93-95 Countries and Republic of Ireland) labour welfare legislations, 152 Act (1952), see under United Kingdom nationals of receiving State appointed Diplomatic list, 42, 135, 37, 38 as diplomatic agents, 155-56 Diplomatic mission, termination of: non-diplomatic staff, 156-63, 79-80 by agreement, 185 non-taxation of fees levied by missions, by death of , 197 142-43 by death of monarch, 183-84 offences by diplomatic agent, 106-7, by declaring an envoy persona-non- 108-9 grata, 185-88 personal services exemption, 149-50 by dismissal of envoy, 191-93 persons entitled to, 152-63 by extinction of State, 184-85 private papers of diplomatic agent, by outbreak of war, 194-95 99-100 by recall of envoy, 193 private servants of diplomatic agent, by revolutionary changes in govern- 130, 51-52, 55, 63-67 ment, 184 property of diplomatic agent, relating by rupture of diplomatic relations, to, 99-100, 169-70 193-94 reciprocity, 87-89 by upgrading of mission, 184 social security legislation, exemption Diplomatic Immunities and Privileges: from, 150-52 abuse of, 77-78, 96, 104, 6, 14, 46-47, tax exemption of diplomatic agent, 174,86,92 140-44 archives, 99 testimony, by diplomatic agent, 124-28 bags, 103-4 transit in third States, in case of, 171-81 baggage, 147-48 waiver of, 129-33 basis of: wireless transmitters, 103 exterritoriality, 80-81 Diplomatic Protection (See also Aliens functional necessity, 82-83 and Nationality,) provisions of municipal law, 83-84 against another State of claimant's representative character, 81-82 nationality, 288-90 civil jurisdiction, exemption from, arrest and detention, cases of, 322-26 111-13 assistance to nationals, 342-43 judicial decisions, 115-20 basis in law, State practice, 114-15 Calvo Doctrine, 294 Claims to: 133-40 Doctrine of Minimum Standard of British practice, 134-36 . Treatment, 292-94 Continental practice, 137-39 Doctrine of National Standard of Iraqi Practice, 139 Treatment, 294-95 Latin-American Practice, 139 bodies corporate, of, 29Q-gI U.S. practice, 136-37 claims by individuals, 343-45 codification of, 84-87 denial of justice, cases of, 328-31 communication, freedom of, 102-6 dual nationals, of, 285-90 compulsory contributions, exemption extent of, 321-22 from, 149-50 non-nationals holding passports, 285 couriers, 104-5, 80-81 permissible only in case of nationals, 281 criminal jurisdiction, exemption from private persons, injury by, 336-38 106-10 property of nationals, cases of demo- customs duty exemption, 144-48 lition or destruction, 332-33 discrimination, 87-89 cases of expropriation and nation duration of, 167-70 alisation, 311-15, 33-36 INDEX 5II

refusal of entry visa, in case of, 301-2 Executive agreements, 464 remedies: Executors of R.S.C.A. Alexander, In re, available in local laws, 327-28 389 exhaustion of, 340-41 , see Consuls representation, manner of making, Exhaustion of local remedies, see Diplo• 338-40 matic Protection scope of, 32 1-22 Expropriation, see A liens and Diplo• State officials, illegal acts of, 327 matic Protection waiver of, 341-42 Expulsion, see A liens Doctrine of Sovereign Immunity, see Exterritoriality of envoys, see Diplo• Sovereign Immunity matic Agent Dollfus v. Bank of England, 376, 400 Extinction of States, 184, 85 Dominions, see British Commonwealth of Extradition: Nations burden of proof, when offence is po- Doyen, see Diplomatic Corps litical, 366 Droiet, M., 116,31,33 elements of polit:cal offence, 364-65 Dual nationality, see Nationality evidence required in cases of, 367 Duff Development Corp. v. Government of executive discretion, 368 Kelantan, II, 372 expenses of, 368 Dumba, recall of, 189 extraditable offences, Dupont v. Pichon, 167-69 eliminative method, 363-64 Duval v. 1l1aussabee, 131 enumerative method, 363-64 extradition treaties, 360-61 E in absence of treaties, 361 military offences, non-extradition for, Eastern Greenland Case, 457 366 Egypt, Law of 1929 (Xationality), 282 nationals of country of refuge, 361-62 Egyptian Delta Rice Mills Co. v. Co- political offenders, non-extradition of, misaria General, 391 364-66 El-Candado, The, 378 procedure for, 367-68 El Vapor Cakato, The, 384 protection against double jeopardy, 366 Eight Power Declaration (1815), 444 Empire, The, v. Chang and Others, 158 F Engelke v. JI,fusmann, 135, 54 Englewood, The, 381 Fauchille, P., 6, 8, 78, 107, 24, 42, 44, 227 English v. Cabalero, 135 Faucompre V. Polish Consul-General, 250 Entezam, recall of, 110 Fawcett, 373 Envoy, see Diplomatic Agent Feller, A. H., 280, 88 Epirus, 4 Fensterwald, B., 373 Epoux Y v. Societe Centrale de Construc- Fenton Textile A ssociation V. K rassin, tions, 154 43 2 -33 Erisina v. Egyptian Government, 297 Fenwick, C. G., 121,314,37,443 Errembault de Dudzeele, 13 1 , 34 Fetiales, 3 Estonia, recognition of, 418, 32-33 Fields v. Predionica I Tkanica, 137 Etat roumain v. Pascale! et Cie, 385 Finland, recognition of, 418, 33-34 European Coal and Steel Community, 452 Fiore, 120 European Convention on Establishment Fiore's Code, 86 (1955), 308, 10, 459 Fiscal, 139 European Convention on Human Rights, Fish, Mr, Secretary, 187 see Human Rights Fitzmaurice, Sir Gerald, 374, 446 Evans (Capt.) expo Credit Lyonnais et Flag of home State: E!a! v. South Atlantic Navigation Co., consular right to put up, see Consular 381 Immunities Evershed, M. R., 376 diplomatic right to put up, see Diplo- Evidence: matic Immunities by consular agent, See Consuls Floridi v. Sovexportfilm, 390 by diplomatic agent, see Diplomatic Forced loans, see Aliens Agent Foden§, Pradier, 121, 29, 68, 95 Exchange V. 1vlcFaddon, 81 France: Exchange of notes, see Treaties Constitution of (1946), 455 5I 2 INDEX

Decrees of July 10. 1880 and April 22. Goschen. SrrEdward. 197 1883. 204 Gouvernment egyptian v. Palestine State Decree of 1939. 307 Railway Admn .• 383. 91 Decree of 13 Ventose an. II. 115. 17. 76 Gouvernment espagnol v. Cassaux. 380. 84 -Federal Republic of Germany Extra- Gouvernment ottoman v. Gaspary. 388 dition Treaty (1951). 363. 66 Gouvernment ottoman v. Sclessin. 388 -Germany Commercial Agreement Governments. de facto and de iure. see (1927). 308 Recognition -Italy Consular Convention (1955). 208. Governo francesse v. Serra. 390 14. 57. 61. 62. 71 Gray. Srr Edward. 97 Law of 14 July 1905. 235 Greece-Lebanon Consular Convention Nationality Code. (1945). 282 (1948). 221. 61 Ordinances of 1781 and 1833. 203 Greek State v. X. 109 -Sweden Consular Convention (1955). Grew. 49 208. 14. 61. 62 Grotius. H .• 6. 80 Franco-Franco, In re, 131 Gullon. In re. 159 Franco, General, 421. 28. 32 Guttiers v. Elmerlik. 389 Frazier v. Foreign Bondholders Protective Gyttenburg. Count. case of. 108 Council, 380 Free Zones of Upper Savoy and the District H of Gex, 456 Fregoso. murder of, 173 Haber. de v. Queen of Portugal. 375 French Office of Reconstruction at Valen- Habeas corpus proceedings. 96. 304. 27. 41 ciennes. case of. 388 Hackworth. G. H .• 63. 125. 44. 68. 209. Frick v. Pennsylvania. 318 40• 45. 49. 81. 96. 97. 308, 53. 61. 65. Friedberg v. Santa Cruz et At., 131 80. 428. 36. 37. 47. 50. 71 Full Powers, see Treaties Hague Conventions: Funeral of diplomatic agent, 191 (I) for pacific settlement of internation• al disputes (1899 and 1907). 440• 43 G (2) on conflict of nationality law (1930). G.A.T.T., 230 288.440 Gaisford, dismissal of, 19o-g1 (3) respecting laws and customs of war Gatatzkay, In re, 307 on land. 440 • 57 GaUopin v. Winsor, 380, 402 Haley v. State, 165 Ganayr. de, In re, 318 Halig Ltd. v. Polish State. 386 Garcia-Amador. F. V., 314, 17. 43 Hall v. Bangoa. 383 Garfield, President, murder of, 126 Hall. W. E .• 111.24.29.40.87.446 Garner, 373 Halleck. H. W .• 174. 87 Genest, recall of, 189 Hannes v. Kingdom of Roumania Monopo• Geneva: lies Institute. 402 Agreement on Indo-China (1955), 419 Hanukiew v. Minister de I'Afghanistan. Convention for the amelioration of 384 condition of wounded in armies in Harshavardhana. 4 field (1864, 1906, 1929 and 1949). Harrie Laurie v. Steinmann. 118 440 .43 Harvard Law School. 86.107.215.308.12 Convention on the Status of Drafts: on diplomatic privileges and (1951).471 immunities (1932). 86. 91. 122. 75. Slavery Conventions (1926 and 1956), 357 440.43 on extradition, 361. 63. 67 Genocide Convention (1948), 458. 71 on legal position and functions of German Interests in Polish Upper Silesia. consuls (1932). 213. 15. 39.47.50.51. 312 55. 58. 60. 62 Germany: on nationality. 288 -Italy Extradition Treaty (1942), 363 on responsibility of States (1929). 280 unification of, 50. 418-19 89 Weimer Constitution of (1919). 449 on international responsibility of Gerolt. Baron Von. 125 States (1961). 295. 308. 12. 16. 17. Goldenberg and Sons v. Germany. 321 25. 27. 28. 37. 41• 43 Gong Yue Ting v. United States. 297 Havana Conventions: Goodrich. refusal to receive. 26 on Asylum (1928). 357. 457-58 INDEX

on Consular Agents (1928), 205, 7, 9, -Muscat Oman Consular Treaty (1953), 12, 13, 15, 21, 27 221 on Diplomatic Officers (1928), 30, 79, Preventive Detention Act (1950), 326 85-86,91,95, 107, 12, 15, 42, 57, 65, Special Marriage Act (1954), 240 75, 87, 205 Indo-China, Final Declaration of the on Status of Aliens (1928), 297--98, 303 Conference on (1955), 458 Havre, The, 387 Indonesia, Constitution of (1945), 455 Hayter, William, 68 Industrial Revolution, 6 Hein v. Hildersheimer Bank, 288 Inquests, see Diplomatic Immunities and Hemeleers Shenley v. The Amazone, 154 Privileges Herman v. Apetz, 130 Institute of International Law, 86, I I I, High Commissioners, see British Common- 205, 319 wealth of X alions International Civil Aviation Organi• Hillhouse, In re, 131 sation, 452 Hines v. Davidowitz, 447 International compacts, see Treaties Holbrook v. Henderson, 176 International Conference on Treatment Honorarv Consuls: of Aliens (1929), 298, 303 advantages of the system, 218 International Court of Justice, 288, 89, immunities of, 249, 54, 55, 60-61, 62, 340 , 4 1, 43, 44, 56, 57, 441, 43, 49, 52, 63,64, 65, 75 68, 71, 72 nationals of receiving State, 218 International Labour Orga.nisation, 440, precedence of, 222 52 remuneration of, 218 International La.w Association, 86, 205 Hopkins, refusal to receive, 28 International Law Commission, 8, 19, 21, Hopkins v. Roebuck, 157 23,27,29,30,79,82,86-87,89,90,93, Huber, Judge Max, 457 94,95,99,101,2,3,4,8,11-12,22,23, Hudson, M. 0., 81, 280, 88, 436, 56, 57 25, 28, 29, 30, 33, 4 1, 43, 44-45, 46 , 49, Hull, Mr. Secretary, 157 51,56,59,60, 6r, 63, 65-66,75,79,96, Human rights: 328 205-6, 12, 13, 14, 16, 17, 20, 22, 25, Declaration of, 71, 294, 303, 52, 441 29, 37, 39, 43, 45, 47, 49, 50, 53, 59, European Convention on, (1950), 458 60,61,66, 71, 72,91,95, 314, 16, 17, Hungary-German Democratic Republic 24, 28, 96, 443, 46, 50, 51, 53 Consular Convention, 254 International Minimum Standard in Law Xo. X\'IIl (1937), 139 favour of foreigners, see Diplomatic Hungerford, The, 381, 84 Protection Hurst, Sir Cecil B., 80, 81, 83, 93,96, 107, International organisations, treaty 21, 22, 29, 30, 32, 34, 64, 67, 73, 74, 76, making capacity of, see Treaties 77, 78, 80, 95 International Sanitary Convention (1926), Hyde, C. C., 111,29,57,209,27,45,50, 436, 50 55, 81, 89, 97, 99, 300, I, 20, 54, 61, 65, Inviolability of: 73, 440 , 51 consular agent, see Consuls diplomatic agent, see Diplomatic Agent Iraq: Ice King, The, 382, 85 Nationality Law (1924), 282, 83 Igel, \Volf Von, arrest of, 109 recognition of, 42 I Illinois Central Railroad Co. Claim (U.S. -Turkey Extradition Treaty, 363 and Mexico), 312, 447 Ismael, Mohd., 28 Immunities: Israel: consular, see Consular Immunities and creation of Jewish State, 54 Privileges non-recognition by Arab States, 408 diplomatic, see Diplomatic Immunities Italy: and Privileges Constitution of (1948), 455 public ships, of, see Sovereign Im• -Jordan Consular Treaty (1952), 221 munity India: Citizenship Act (1955), 282 J Code of Civil Procedure, I 15 Constitution of, 283, 448, 55 j., ,'Virs., In re, 138 Constitution of India (Fourth Amend- Jackson, arrest of, 108 ment) Act (1955), 311 Jacobson, Israel, 223 INDEX

James Louis Drummond. In re. 287 Law making treaties. see Treaties Janes Claim. The. 337 League of Arab States. Extradition Japan. Citizenship Law No. 147. 282 Agreement (1952). 363 Jaures. expulsion of. 320 League of Nations. 10. 12. 205. 14. 18. Jews. diplomacy of. 3-4 314. 429. 40. 43. 44. 52. 60. 61. 62. 64. Jihad. 5 66. 68. 69. 70. 72 Jones. J. M .• 453. 54. 55. 65 Lee. Luke T .• 218. 19. 20. 32. 37. 38. 42. Jowett. Earl. 376 45. 49. 62. 63. 71• 324. 49 Joyce v. Director of Public Prosecutions. Building case. 138 66. 285 Legation. right of: Juan Ismael and Co. Inc. v. Indonesian colonies. 10 Government. 376 Commonwealth of Nations. 12-14 Jurisdictional immunities: dependencies. 10 of consuls. see Consular Immunities federated States. 12 of envoys. see Diplomatic Immunities independent States. 8~ Jupiter. The. 376 no obligation to exercise. 8-9 Jursitis. In re. 159 protectorates. I I Jus sanguinis. see Nationality semi-sovereign States. 10 Jus Soli. see Nationality treaty stipulations. 9 vassal States. I I K Lembocke. M. R. E .• I16 Lew Moon Sing V. United States. 297 Kahan v. Federation of Pakistan 372 Kahn. In re. 138 Lhasa Convention (1904). 451 Lima. The 382 Kasenkina case. 78. 247. 71 Lithuania. non-recognition of. 413. 33-34 Katz. Milton. 315 Local remedies. exhaustion of. see Diplo- Keiley. refusal to receive. 26 matic Protection Kennan. George. expulsion of. 189. 320 Lockwood V. Coysgarne. 164 Kent et AI. v. Dulles. Secretary of State. 347 Loewenfeld. E. 373 Khadduri. M .• 5. 53 Lome. Depuy de. recall of. 189 King v. Antonelli and Barberi. 355 London. Declaration of. (1919). 458 King v. Bingers. expo Henry 448 Lord Forres v. Commissioner of Inland King V. Carter expo Kish. 297 Revenue. 318 Korea. recognition of. 419 Kosakicwick. In re. 158. 65 Lorimer. 413 Loy V. La Nacion. 297 Kraiina v. Tass News Agency. 377. 99 Luxberq. Count. dismissal of. 19 Kuhn. A. K.. 315 Luxembourg. neutralisation of. 444 Kutchuk-Kainardji. Treaty of (1774). II Lynch Claim. The. (Great Britain v. Mexi- co). 240 L M

L' Aubespine. dismissal of. 108 Macartney V. Garbutt and Others. 155 Laisser-passer. 172 Mackenzie Claim (Germany v. U.S.). 287 Lagos v. Baggianini. 119 Mackenzie-Kennedy V. Air Council. 398 Lakhonsky V. Office Suisse des Transports Magasthenis. 4 Extbieurs. 384 Magdalena Steam Navigation CO. V. Landley V. Republic of Panama. 250 Martin. 123. 68 Languages of treaties. see Treaties Malaya. Constitution of. 282. 83 Lannoy. In re. 297 Malmesbury. Lord. 427 Lansing. 46 Mandates Commission. Permanent. 435 Laterrade V. Sangro Y. Torres. 252 Mann. Tom. 320 Latin-American States. recognition of. Manning. William R.. 417 417. 27. 30 Mansfield. Lord. 164 Latvia. recognition of. 414. 18. 33-34 Maria Beatriz Del Valle Inclan. In reo 237 Laurans V. Gouvernement du Maroc. 384 Marriage: Solemnisation of Laurent. 120 function of consuls. see Consuls Lausanne. Treaty of (1923). 458 function of envoys. see Diplomatic Lauterpacht. Sir Hersch. 8. 320. 73. 77. Agent 409. II. 14. 15. 23. 24. 26. 27. 28-29. Marshall. C. J .. 81. 378 31• 34. 35. 36• 37. 51. 52 Martens. G. F. de. 59. 90. 108. 55. 229 INDEX SIS jvIatsya-Purana, 4 Nationalisation, see Aliens and Diplo• Mattueof, M. de, arrest of, 90 matic Protection Maugham, Lord, 376, 77 Nationality: M avrommatis Jerusalem Concessions active, effective or overriding, 287-88 (Jurisdiction) Case, 316 bodies corporate, of, 290-91 McKinley, President, 189 diplomatic protection, basis of, 281 Mc~air, Sir A. D., 319, 443, 46, 49, 51, 53, dual, 285-86 54,58,63,66,68,70,71,73 jus sanguinis, 73, 281, 82,86 Mendoza, dismissal of, 108 jus soli, 281, 82 ;Henier, In re, 364 loss of, 284 },!erge Claim, The (U.S. and Italy), 289 married women, of, 283 Merger of States, 184 naturalisation, 283-84 Metternich, 7 proof of, 284-85 ,l,] exican Railway Union Claim, The, surrender of, 284 (Great Britain and Mexico), 340 tests of, 281-83 Mexico: National Treatment, see Diplomatic Pro- Constitution of (1917), 309 tection Law of 19 January 1934, 288 Naturalization, see Nationality Ley del Servicio Exterior (1943), 235 Navemar, The, 379 recognition of, 424, 32, 33 Nazare Agha Affaire, 122 JJickilchinkott, In re, 96 Neer Claim, The, 337 Millet et Al v. Ferrocarril del Pacifico de ~ etherlands: Nicaragua, 401 Constitution of, 455 Minimum Standard of International Law, Consular Manual (1951), 203, 32. 42 see Diplomatic Protection Consular Regulations (1786), 203 Minister Plenipotentiary, see of April 26, 1917. 386 Agent Royal Decree (1917), 386 Minister Resident, see Diplomatic Agent Neutralised States, 444-45 Minorities, diplomatic function as re- Neutrality, treaties of, 443-44 gards, see Diplomatic Agent Nicaragua, recognition of, 427-28 :Mob violence, 97 Nicholson, Harold, 3, 68 .1'vf odus vivendi, see Treaties Nishimura Ekiu v. United States, 297 114 ohammed v. Principal [mmigration Non-diplomatic persons, immunities of, Officer, 297 see Diplomatic Immunities and Privi• Mongillo v. Vogel, 154 leges 1vIonoyer et Bernard v. Etat fran(aise, 388 Non-nationals, extradition of, see Extra• }14onopole des Tabacs de Turquie v. Regie dition Co Interessee des Tabacs de Turquie, 391 North American Dredging Co. Claim (U.S. Montesquieu,81 v. Mexico), 340 Montevideo: Norwegian Shipowners' Claims (U.S. v. Convention on Political Asylum (1933), NorwaY),312 357, 458 Notarial functions: Montwid-Biallozor v. Ivaldy, 129. of consuls, see Consuls Moore, J. B., 64, 80, 92, 97, 102,6,9, 10, of envoys, see Diplomatic Agent 17, 25, 26, 27, 28, 57, 64, 86, 87, 89, Nottebohm Case, 281, 88, 89 90, 289, 90, 97, 305, 8, 14, 20, 36, 61, Novello v. Toogood, lIS, 57, 64 65,412, 27, 28, 31-32, 35, 61 Noyes Claim, The, 337 lvIorla v. Breilh, 122 Nuncios, see Diplomatic Agent Morris, Ronald S., 114 Nussbaum, Arthur, 307 .~Iortensen v. Peters, 85 Moscow, Declaration of (1943), 441 o Mosquito , 321 Most-favoured-nation treatment, 279 O'Beirne, refusal to receive, 28 J14urphy v. Lee Fortin, 251 Oatis, William N., 323 JJusgrove v. Chun Teeong Toy, 297 Offices of diplomatic missions, 35-37 ,Wusrus Bey v. Gadban, 123,68 Oficina Del Aceite v. Domench, 385 Oliver American Trading Co. v. Mexico, N 379, 401 Oppenheim, L., 3, 63, 64, 78-79, 81, 82, ~arcotic Drugs Convention (1931), 436 85, 93, 96, 97, 104-5, 7, II, 24, 44, 81, 516 INDEX

202,27,41,45,50,55,81,96,300,3,4, Kennan, 189 20, 54, 58, 441, 42, 43, 50, 53, 58, 63 Rakavsky,I90 Orleans, Duc d', 108 Segur, 189 Ostrowski's Estate, In re, 236 Von Papen, 190 Ottoman Empire, break up of, 41 I Yrujo, 190 disInissed: P Aubespine, 108 Bulwer,I9O Pacey v. Barroso, 159 Gaisford, 19o-g1 Pact, see Treaties Luxberq, 191 Pact of Paris, 443 Mendoza, 108 Pakistan: Rustum Bey, 191 Citizenship Act (1951), 282, 83 Sackville, 190 Constitution of, 445 Peru, recognition of, 428 Panama, recognition of, 431 Peruvian Loan Case, 387 Pan-American Conventions, see Havana Pesaro, The, 376, 79, 80, 97 Conventions Pessoa's Draft Code (1911), 86 Pan-American Union, 51 Peter Pazmany University, 291 Panevezys-Saldutiskis Railway Case, 280 Philippines: 81, 341 Constitution of, 282, 83, 455 Panchsheel, 441 -Spain Consular Convention (1948),212 Pandit, Mrs. VijayalakshIni, 2'; Statute (Act No. 3105). 307 Panquin, The, 382 Phillimore, Sir R., 155, 382, 430 Papageorgiou v. Turner, 297 Draft Code, 86 Papal State: Poland: diplomatic relations of, 20 -Hungary Consular Convention (1959), Papen, Von, recall of, 190 21 5 Paris, Declaration of 1856, 442, 58 -Yugoslavia Consular Convention Holy Alliance of, (1815), 462 (1958), 21 5 Parkinson v. Potter, 135, 54, 57 Polish Loan Bank Case, 386 Parlement Beige, The, 375, 76 Political offenders, non-extradition of, Passports: see Extradition as evidence of nationality, 347 Political refugees, see Asylum diplomatic, 347-48 Poor Law Relief, 234 endorsements on, 348 Porto Alexandre, The,. 376, 77, 82 official, 347 Portugal, recognition of, 427, 33-34 requirements for issue of, 346-47 Praetor Peregrinus, 202 Pastrana, In re, 131 Precendence: Pataliputra, 4 of consuls, see Consuls Peace treaties, 70, 71, 194, 287, 457, of , see Diplomatic Agent 58,62 Price v. Griffin, 126 Permanent Court of International Arbi• Prins Frederik, The, 375 tration, 287, 88 Proc8S verbal, see Treaties Permanent Court of International Justice, Prostates, 202 279-80, 81, 91, 316, 441, 43, 54, 56, 57, Protection of citizens abroad, see Diplo• 64 matic Protection Permanent Mandates ComInission, see Protectorates: Mandates international status of, I I Peron, Madame, 38 right of legation, I I Persona-non-grata: 185-87 treaty-making power, 449-50 on appointment, Protests, 339 Canning, 26 , see Treaties Keiley,26 Proxeny, 202 recall demanded: Publication of treaties, see Treaties Boyed,190 Catacazy, 187 R Dumba, 189 Depuy de Lome, 189 R. v. Almazoff, 297 Entezam, 110 R. v. Home Secretary expo Chdteau• Genest, 189 Thierry, 297 INDEX 51 7

R. v. Kent, 130 political system of the State as a factor, R. v. Secretary 01 State expo Greenburg and 4 13-14 Others, 297 premature, 415-16 R. V. Superintendent 01 Chiswick Police tests of, 416-18 Station expo Sacksteder, 297 religion of the State as a factor, 413-14 Radhakrishnan, Dr. S., 25 revolutionary changes, 423 Rahimtoola V. Nizam 01 Hyderabad, 376 State territory, 412-13, 25 Rakavsky, recall of, 190 willingness to fulfil international obli• Ralston, J. H., 288 gations, 423-24 Rapallo, Treaty of (1922), 9 Reeves, J. S., 97 Ramava, In re, 378 Relerence regarding Powers 01 Municipal• Ratification: ties to Levy Rates on Foreign bilateral treaties, 468 and High Commissioners' Residences by British Commonwealth practice, 469 the Governor-General, 84, 140 of Heads of States treaty, 468 Refugees, hostile acts of, see Asylum of multilateral conventions, 468 RegUlation and Control 01 Aeronautics in of treaties concluded under the aus• Canada, In re, 448 pices of international organisations, Reichsgericht, 132, 385 468 Reinhardt, In re, 158 U.S. practice, 469 Religious freedom of aliens, see Aliens when unprovided for, 467 Reparation lor Infuries Case, 289, 443, 52 R.C. delle U.R.S.S. v. }vational City Bank Representative character of diplomats, 01 New York, 390 see Diplomatic Agent Reception of diplomats, see Diplomatic Republic 01 Bolivia Exploration Syndicate Agent Ltd., In re, II6, 31 Reciprocity: Republic 01 Mexico V. Hollman, 380, 96 as basis of consular immunities, see Reservations, see Treaties Consular Immunities and Privileges Residence of Alien Trader Case, 297 as basis of diplomatic immunities, see Respublica v. De Longchamps, 91, 154 Diplomatic Immunities and Privileges Right of legation, see Legation Recognition of States and Governments: Rights of Nationals of the United States in a matter both of international law and 1VI orocco, 449 politics, 409-10 Rinaldi Allaire, II7 by treaty, 406-7 Rincon, murder of, 173 conditional, 414-15 Rivier, A., 173, 78 conditions for according, 4IO-1 I Robavo, In re, 129 consent of the people governed, 426-28 Roe, Sir Thomas, 7 Constitutive Theory, 410 Romans, diplomacy of, 3 Declaratory Theory, 410 Rondeau V. Castenheira, 131 de lacto, de fure, 429-33 Root, Mr. Secretary, 168, 321 degree of civilisation as criterion of, 413 Roumania V. Germany, 312 effect of, 410 Rupture of diplomatic relations, see effectiveness of government as cri• Diplomatic Mission terion of, 425-26 Russell, Earl, 4 I 8 implied: Russian Trade Delegation V. Fafana, 392 by conclusion of treaties, 436 Rustem Bey, dismissal of, 191 by opening of diplomatic relations, 434-35 s by participation in conferences, 436- 37 Sabia, de, Claim (Panamav. U.S.A.)' 312 by reception of consuls, 435-36 Sackville, Lord, dismissal of, 190 internal stability as a criterion of, Saglietto V. Tawill, 383 411 - 12 Saguier, L'Alfaire, 120 legality of origin as a criterion of, Salem Case, The, 287 422-33 Sanders, Edgar, 323 legitimacy of origin as a criterion of, Sastri, Prof. K. A. :!S'ilkanta, 4 41 3-1 4 Satow, Sir Ernest :VI., 26, 40, 59, 80, 90, materials on which government should 9 1, 92, 96, 98, 107, 24, 42, 43, 50, 55, act, 437-38 57,64,72,78,86,90,91,457,58,59,66 method of granting, 433-34 Savic v. City of New York, 250 518 INDEX

Sche1lectady. The. 381 tendency towards restriction of. 403 Schmalz. 59 views of writers. 374 Schooner Exchange v. McFaddon. 378 Soviet Union: Schwarzenberger. G .• 289. 91. 315.23. 37. Constitution of (1936). 448 40.441.57 Decree of (1924). 282 Scott. J. B .• 129 Decre$lQf (1927). 84. 94. 107-8. 15. 24. Seacomb v. Bowlny. 135 65' > /" S.E.A.T.O .• 51. 440 Decree of (1956). 84 Self-governing dominions. see British intervention in Hungary. 50. 54 Commonwealth 0/ Nations Penal Code. 157 SeP'bian and Brazilian Loans case. 312 recognition of. 421. 23. 24. 26. 32. 33.36 Servants of diplomatic agent. see Diplo• Regulations concerning Diplomatic matic Immunities and Privileges Missions and Consular Institutions Set-offs in suits involving diplomatic (19.27). 215 envoys. 132 Conventions and Treaties: Shaughnessey v. United States ex rei -Albania Consular Convention (1957). Mezei.297 208 Shepard. P .• 373 -Austria Consular Convention (1959), Shipping cases. see SoveP'eign Immunity 254 Signatures. see Treaties -Bulgaria Consular Convention (1957). Sinclair. 290 208 Singleton. L. J .. 399 -Czechoslovakia Consular Convention Slatin.80 (1957). 208. 37 Smith. H. A .• 421 -Federal Republic of Germany Consu• Societa Arethusa Film v. Reist. 158 lar Convention. 208. 49 Societe Centrale des Constl'uctions v. De -German Democratic Republic Consu• Ayala, 154 lar Treaty (1927). 208 Societe CommeP'ciale des Potasses d'Alsace, -Germany Consular Convention (1925). 401 237 Societe Viaies v. aI/ice National du -Hungary Consular Convention (1957), Toul'isme espagnol. 385 208 Socobelge et Etat beige v. Etat Mllenique, -Mongolia Consular Treaty (1928). 208 388 -North Korea Consular Convention Soebardjo, Dr. Ahmad. 25 (1927). 208 Solon v. GouveP'nement egyptien. 380 -North Vietnam Consular Convention Sostroamidjojo. Mr. Ali. 25 (1959).208 South A/rica v. Hel'man Grote. 382. 87 -People's Republic of China Consular Sovereign Immunity. see also Commel'cial Convention (1959), 208. 14. 15. 34, Activities 0/ States 38.49.54 absolute view of. 372-73 -Poland Consular Convention. (1958), arguments for and against. 374 208. 14. 54 basis of. 372 -Roumania Consular Convention (1957) commercial transactions. 384-91 208 judicial decisions. Spain. revolution (1936). 358. 59. 421 Commonwealth countries. 374-78 recognition of. 421. 26. 27. 29. 32• 33 Continental countries. 380-81 Spanish Zone 0/ Morocco Claims (GI'eat U.S.A .• 378-80 Britain v. Spain). 312 shipping cases: Spying. 195.323 Belgium. 382 St. Germain. Peace Treaty of (1919). 441 Egypt. 383 St. Petersburgh. Declaration of (1868) France. 381 Standard Oil Company Case. 314 Germany. 381-82 Stapledon and Sons v. First Lord 0/ Admi- Italy. 382 I'ally.383 Latin America. 383-84 Starke. J. G .• 462 Portugal. 352 State v. Acuna Araya. 92 Scandinavia. 383 State v. The Minister 0/ State expo HMman State agencies. acts of. 398-402 Georlz.297 suggestions for restricting. 373-74 Statute. see Treaties suits against foreign governments. Statute of Queen Anne. see under United 403-4 Kingdom INDEX 5I 9

Statute of Westminster, see under United Canada, 448 Kingdom Germany, 449 Stephen, 91 India, 448 Stone, C. ]., 380 Soviet Russia, 448 Sforelli v. Governo della Republica fran- Switzerland, 448 cese, 389 U.S.A., 447 Strupp's Draft Code, 86 constitutional requirements, 452-53 Suarez v. Suarez, 133, 35, 69 date of entry into force, 473 Sucharitkul, Sompong, 372-73, 82, 83, definition of, 439 85, 86, 88, 89, 92 designation and terminology, 456-57 Suez Canal Convention (1888), 457 Act, see above Sun Yat-sen, 96 Agreement, 458-59 Switzerland: Charter, 461-62 Constitution of, 448 Constitution, 461 Decree of 1944, 307 Convention, 457 -India Consular Treaty (1948), 271 Covenant, 461-62 neutralization of, 440, 42, 44-45 Declaration, 458 State Immunity Case No. II, 392 Exchange of Kotes, 459-60 Modus Vivendi, 461 T Pact, 461-62 Taft, C. ]., 423 Proces Verbal, 460-61 Talbot, L. c., 81, 129, 53 Protocol, 459 Tax Exemptions, see Consular Immuni• elements, essential, 441 ties and Privileges and Diplomatic exchange or deposit of ratifications, see Immunities and Privileges Ratification Taylor v. Best, 116, 3 1 , 33, 54 form of: 462 Tchitcherine v. Dupont, 112, 16, 17, 22 executive agreements, 464 Telkes v. Hungarian National lvluseum, Heads of States form, 462 248 inter-Governmental form, 463-64 Templewood, Viscount, 24 inter-State form, 462-63 , Constitution of, 455 full powers, 465-66 Third States, Consuls and, see Consuls languages of, 464-65 Third States, Diplomatic Agents and, see nature and scope of, 439-41 Diplomatic Agent negotiation of, 465-66 Thucydides, 3 publication of, 472-73 Tientsin, Treaty of (1858). 237 ratification of, see Ratification Tillet's case (Great Britain v. Belgium). registration of, 472-73 320 reservations, 470-72 Tinoco Concessions case (Great Britain v. signatures, 466-67 Costa Rica), 340 Treatment of Polish Nationals in Danzig, Toms v. Hammond, 157 454 Tonga, II Triquet v. Bath, 135, 57 Traffic accidents, 114, 93, 252 Trochanotf Case, 96 Treaties: Tucker, L. ]., 399 Accession, 469-70 Tunkin , G., 95 Accord,456 Turkey-Poland Treaty of Friendship Act, 460 (19 2 3), 9 as source of International Law, 439-40 Turner v. Williams, 297 binding nature of, 442-43 capacity to make, 443-44 u dependent States, 449 U-2 incident, 195 federal States, 445-47 Ulen and Co. v. National Economy Bank, international organisations, 451-52 400 members of Commonwealth of Ultra vires, 341 Nations, 445 Union Bridge Company Claim (1\11 exico v. neutralised States, 444-45 U.S.A.). 312 protectorates, 449-50 Union of India v. Jain and Others, 448 vassal States, 450-5 I Union Star, The, 378 competence to make: United Arab Republic, Constitution of Australia, 448 (1958), 455 520 INDEX

United Kingdom: United States of America: Aliens Order (1920), 302 Act of Congress (1790), 157 British Commonwealth of Nations, see Code, 84 British Commonwealth of Nations Constitution of, 447, 55 British Nationality Act (1948), 282, Consular Service Acts, (1792) and 83 (1856), 203 Consular Act (1825), 203, 324 Foreign Service Manual (1949), 232 Consular Instructions (1949), 229, 32, Foreign Service Regulations (1941), 229, 34, 38, 40, 350 42 Defence Act (1939), 326 Nationality Act (1940), 282 Defence of Realm Act (1914), 326 Revised Statutes, 91, 115, 361 Diplomatic Immunities Act (1952), 21 Rogers Act (1924), 214 Diplomatic Privileges Extension Acts, Cases: (1941, 1944 and 1946), 136 U.S. v. Arijona, 447 Extradition legislation, 363 U.S. v. Deutsches Kalisyndikat, 400 S.R. and O. (1939), 302 U.S. v. Hand, 97 Statute of Queen Anne, (1708), 28, 84, U.S. v. Lafontaine, 157 115, 16, 54, 57, 445 U.S. v. Rauscher, 447 Statute of Westminster (1931), 13, U.S. v.Republic of China, 378 445 U.S. ex rei Voipe v. Smith, 297 Treaties and Conventions: U.S.S.B. v. Societa Italiana Cementi, Anglo-American Extradition Treaty 390 (1931), 364 Conventions and Treaties: -Austria Consular Convention (1950), -Costa Rica Consular Convention 208 (1948), 207, 38, 47, 51, 71 -Federal Republic of Germany Consular -Denmark, Treaty of 1957, 318 Convention (1956), 207-8, 14, 16, 21, -Germany Treaty (1923), 238, 318 36, 46, 52, 54, 71 -Great Britain-Iraq Consular Con- -France Consular Convention (1951), vention (1930), 305 207, 14, 16, 36, 46, 52, 54, 61, 71 -Iran Treaty of Amity Economic -Greece Consular Convention (1953), Relations and Consular Rights (1955), 207, 15, 36, 49, 52, 54, 71 207 -Italy Consular Convention (1954), 207, -Ireland Consular Convention (1950), 14, 21, 49, 52, 54, 71 207,14, 15, 36, 46, 52, 58, 61, 71 -Mexico Consular Convention (1954), -Italy Treaty of Friendship, Commerce 207, 21, 36, 46, 49, 52, 54, 71 and Navigation, (1948), 305, 10 -Norway Consular Convention (1952), -Japan Extradition Treaty, 364 207, 14, 15, 16, 21, 36, 46, 49, 50, 54, -Japan Treaty of Friendship, Commerce 58, 61, 71 and Navigation (1953), 305, 8 -Sweden Consular Convention (1952), -Mexico Consular Convention (1942), 207, 15, 36, 46, 52, 54, 61 207, 14, 61 United Nations: 10, 17, 86, 206, 349, 52, -Muscat Treaty (1833), 237 406, 8, 13, 20, 37, 40, 44, 45, 48, 52, 60, -Muscat-Oman Treaty of Amity, 61, 66, 68, 69, 71, 72, 73 Consular Relations and Consular Charter, 71, 243,94,409,26,40,43,52, Rights (1958), 207 64,72,73 -Norway Treaty of Friendship, codification of International Law, 86 Commerce and Consular Rights Convention on the Nationality of (1928), 305 Married Women (1957), 470-71 -Philippines Consular Treaty (1931), General Assembly, 86, 471 207,61 Headquarters Agreement, 452 -Poland Consular Treaty (1931), 305 General Convention on the Privileges -U.K. Consular Convention (1951), 207, and Immunities of, (1946), 452, 67 14, 15, 19, 32, 36, 38, 39, 42, 52, 54, membership of, 408 61 SeIninar on Human -Rights (1958), -U.K. Consular Convention (1961), 209 326 Universal Declaration of Human Rights, Treaties, registration of, 472-73 see Human Rights Treaty Series, 473 U.R.S.S. v. Association France Export, Veto, 408 385 U.R.S.S. v. Tesini, 390 INDEX 52!

v Art. 5I. 272 Art. 53.268 Van der Elst v. Commissioner /01' Internal Art. 54. 275 Revenue. 144 Art. 55.269 Vassal States. see Treaties Art. 57. 266 Van Dyke. Vernon. 354 Art. 58. 253. 69. 75 Vattel. Emrich de. 63. 81. 94. 121.68.95. Art. 60. 249. 58 96• 30 9 Art. 6I. 248 Vavasseur v. Krupp. 376. 400 Art. 63. 254 Veraqua. Duc de. Case of. 174 Art. 66. 261 Versailles. Treaty of. (1919). 444. 62 Art. 67. 265 Veto. see United Nations Art. 7I. 267 Veuve Proust v. Kaing. 310 Art. 73. 206 Victoria. 5.5. v. 5.5. Quillwark. 378 Vienna Convention on Diplomatic Re• Vienna. Congress of (1815). see Diplo- lations. (1961) - Extracts from. 474-82 matic Agent Art. 3. 46. 47. 228. 80 Vienna Convention on Consular Relations Art. 4.27 (1963) - Extracts from. 482-98 Art. 5. 23 Art. 2. 207. 9 Art. 6. 23 Art. 4. 209. 10 Art. 7. 34 Art. 5. 228. 33. 34. 79. 80 Art. 8. 29 Art. 7. 225 Art. 9. 45. 188 Art. 8. 225 Art. II. 30 Art. IO. 2II Art. I2. 37 Art. II. 2II. 12. 13 Art. I4. 17. 18 Art. I2. 214 Art. I5. 17 Art. I3. 215 Art. I6. 42 Art. I4. 216 Art. I7. 95 Art. IS. 221 Art. I9. 20 Art. I6. 223 Art. 20. 149 Art. I7. 228 Art. 22. 93-94 Art. I8. 226 Art. 23. 141-42 Art. I9. 216 Art. 24. 99 Art. 20. 217 Art. 25. 103 Art. 2I. 224 Art. 26. 101 Art. 22. 222 Art. 27. 104. 5 Art. 23. 272 Art. 28. 142 Art. 24. 222 Art. 29. 90 Art. 25. 270 Art. 30. 93. 94. 99 Art. 26. 273 Art. 3I. ro8. 13. 23 Art. 27. 275 Art. 32. 129. 30. 31. 32. 33 Art. 29. 263 Art. 33. 151. 52 Art. 3I. 248 Art. 34. 143. 47 Art. 32. 248. 58 Art. 35. 150 Art. 34. 25 6 Art. 36. 147 Art. 35. 256• 57 Art. 37. 130. 55. 61-62. 66 Art. 36. 233. 58. 323 Art. 38. 156. 61-62. 63 Art. 37. 235. 43 Art. 39. 168 Art. 39. 259 Art. 40. 177. 78. 79. 81 Art. 40. 249 Art. 4I. 75.96 Art. 4I. 253. 54 Art. 44. 196 Art. 42. 254 Art. 45. 196-97 Art. 43. 250• 52 Art. 47. 87. 88. II3. 63 Art. 44. 255 Vietnam. recognition of. 419 Art. 45. 268 Visa: Art. 46. 264 diplomatic. 176. 77. 78• 349-50 Art. 47. 264 official. 350 Art. 48. 264 ordinary. 349 Art. 49. 260 simplification of requirements of. 350 Art. 50.262 Visscher. De. 313 522 INDEX see Diplomatic Vilianu, In re, I35 Wireless transmitters, v. Becker, 135 Immunities and Privileges Viveash 452 Vogeler, Robert A., 323 World Health Organisation, Wright, Lord, 376 w Wright v. Cantrell, 378 Wong, In re, 297 Waddington, case of, 130 Wortley, B. A., 315 Waldock, Sir Humphrey, 373, 443, 46 Ward,I73 x Warsaw Pact, 51 x. v. Consul-General of United States, 250 Watkins, R. D., 373 Weber v. U.S.S.R., 387 y Webster, 412, 34 West Chatala, The, 382 Yemen, recognition of, 421 Western European Union, 452 Yin-Tso Hsuing v. T01'onto C01'p01'ation, Westlake, J., 374 258 Westminster, Statute of, see under Yokohama SPecie Bank Ltd v. Chenting United Kingdom T. Wong, The Kuang Yuan, 379 Westphalia, Treaty of (1648),6 Yokota, K., 101 Whitney, J. H., 68 Youlan, The, 382 Wilson, 315 Yugoslavia, constitution of, 352 Wilson v. Blanco, 176 Yrujo, recall of, 190 Wimbledon, The 5.5., 433 Winans v. Att01'ney-General, 318 z Convention concerning Unifi• Wines, 131 cation of Methods of Analysis of (1935), Zborowski v. de Steurs, Zvenko, R. Rode, 290 450