Book Reviews

294 Australian Year Book 0/ International Law BOOK REVIEWS EDITEDBY HlIARY CHARLESWORTH AND CHRISTINE CmNKIN CONSUIAR LAWAND consular instructions, as most often PRACfICE they will be able to, given the nature By Luke T. Lee, (Seeond Edition. of consular functions. One of the Oxford, Clarendon Press, 1991, xaiv most delicate and difficult issues the + 739 p.) consular officer and those instructing hirn or her from a capital have to grapple with, for example, is: what This is much more than a second are the permissible limits of consular edition of Consular Law and Praetiee protection? When does protecting the (1961). Dr Lee has given us a interests of the sending state and its composite work up-dating not only nationals become interference in the his first edition, but his Vienna internal affairs of the receiving state? Convention on Consular Relations Dr Lee gives three standards for (1966) and The Vienna Conventions consular protection: the minimum on Diplomatie and Consular international standard, the national Relations (1969) as weIl. Thirty years treatment standard, and what he of State practice have been carefully describes as a new]y emerged human noted, ordered and written up to form rights standard. He suggests that "the what is now, without any doubt, the standard of treatment to be enforced primary reference book on consular by means of consular protective law. functions" is to be found in the As dense and interesting as it may various human rights instrumentsI. be in anecdotal material, however, This is a novel suggestion, but one and as comprehensive as it may have that is not supported by any examples sought to be, the reader looking for from State practice. It is not the guidance on what international law approach taken by Australia, for might be on a particular point can example, which follows the national easily come away dissatisfied. And treatment standard2. The reader consular officers, to whom the book is prudentJy dedicated, are just the sort 1 P 131. of readers who will turn to his book 2 See written answer by Senator Gareth for such guidance, if they cannot find Evans, Minister for Foreign Affairs guidance in their own national and Trade, in Senate Debates, 4 April Book Reviews 295 would be left in less doubt if it were opportunity for a thorough and dearer that suggestions such as these systematic study in the second edition were based on a comprehensive has been forgone. survey of State practice. In a book finished in May 1990, Unfortunately this is not the case. there are some scandalously out-of The practice on which the book is date references. Syria is referred to as based - and in consular law the "now United Arab Republic"3 (it practice of States is the pre-eminent ceased to be seven months after the source of the law - is predominantly first edition of Dr Lee's book was that of the United States. This published in 1961); the unification of practice is indeed extensive, perhaps Germany is said to be "not yet in more extensive than any other sight"4 (it happened on 3 October country's,as a result of the size of the 1990); and the many references to consular corps and the difficulties the "Communist countries" now jar, and United States Government has could easily have been replaced by encountered. The United States "East European countries" . From an Government has thus has to articulate Australian point of view, it is policies on many issues no other disappointing that the notorious government has had to address. In shooting from the Yugoslav other cases he draws on examples Consulate-General in Sydney on 27 from British and Canadian practice, November 1988 and its subsequent and to a much lesser extent from closure were not mentioned as a French, Dutch, Swedish, Finnish, and poignant illustration of the sudden Portuguese practice. Brazil and the elevation from limited immunity (or Dominican Republic receive glancing non-existent immunity) to absolute references, and Cuba once, but in a immunity as the culprit was declared footnote, where the relevant practice persona non grata and escorted freely is not referred to in any case. There is out of the country. It is difficult to no mention of the consular practices believe Dr Lee's attention had not of African countries, or of Asia or the been drawn to this incident, which Middle East. There are numerous attracted international press coverage, references to bilateral consular treaties including in the United States5 not in the text, but these are more least because the Foreign Minister catalogued than synthesised. Much of invoked hirn as an authority in the historical material of the first explaining to the Australian edition has been retained, but could Parliament the Government's response weIl have been dropped in favour of a to the incident6. This omission mars wider survey of post-Vienna Convention practice. And sometimes 3 P 96, n3. where there are gaps, it is diplomatie 4 P79. practice Dr Lee refers to, and not 5 The New York Times, 2 December consular practice. It is a pity that the 1988, I, P 5:1; 4 December 1988, I, P 33:1; The Washington Post, 5 1989, pp 914-6, in Australian December 1988, A, P 17e. Practice in International Law 1988- 6 Senate Debates, 5 December 1988, p 1989, below. 3433, in Australian Practice in .

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