Wednesday 1 February 2012

Diplomatic Agent, Diplomatic Servant and Consuls

Diplomatic Servants:
According to articles 29 to 35 of Vienna Convention of Diplomatic Relation, 1961 provided that if the servants are not the citizen of receiving state they would entitle to the privilege and immunities.

Can a Diplomatic agent waive or lose his immunity:
If he is called as a witness in a court of law and instead of claiming his immunity, he presents himself unconditionally in the court, it will be deemed that he was waived his immunity. He will thus lose his immunity. In such a case he cannot subsequently claim the immunity which he waived.

Consuls:
Consuls are the representatives of their States but they are not diplomatic agents. Their main function is to look after the commerce and trade interests of their countries. In recent years, the activities of the consuls have increased manifold. In view of the important function that they perform a Convention was adopted at Vienna on April 24, 1963.

Classification of Consuls:
i. Consuls-General
ii. Consuls
iii. Vice-Consul
iv. Consul-Agents

Functions of the Consul:
1. They protect the commercial interest of their States.
2. They supervise and look after shipping, etc. of their countries.
3. They look after the interests of their citizens and assist them in getting passport etc.
4. They perform certain other functions for the citizens of their States such as to testify signatures, registration of marriage, birth, death etc.

Rights and Immunities of Consuls:
As pointed out earlier, Consuls are not diplomatic agents. Therefore, they are not entitled to the immunities and privileges of the diplomatic agents. But such immunities and privileges may be conferred upon them on the basis of bilateral treaties or on the basis of reciprocities. Because of the increasing importance of trade and commerce in the modern time, generally the Consuls are also given the same immunities and privileges as are enjoyed by the diplomatic agents.

Termination of Diplomatic Mission:
a) Recall of Envoy
b) Notification in regard to envoys functions
c) On the request of the receiving State
d) By delivery of passport
e) Persona-non-gratia
f) End of the object of the mission
g) Expiration of the Letter of Credence

Can a state refuse to accept Diplomatic Agent:
1. if the diplomatic agent is considered harmful for the receiving state.
2. if the diplomatic agent has by his declaration or conduct, done some inimical thing.
3. if he is a citizen of receiving state.

Special mission of Permanent nature:
Sometimes states may also appoint diplomatic agents for special mission.

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