Vienna convention on consular relationship
Immunity of consuls
Consuls enjoy their own immunities and
privileges
but not to the same extent as those enjoyed by the
diplomats. Like diplomats, consuls are entitled to:
1. Inviolability of their correspondence,
archives and other documents
2. Freedom of movement and travel
3. Immunity from jurisdiction for acts
performed in their official capacity; and
4. Exemption from certain taxes and customs
Duties
Article 29 Use of national flag and coat-of-arms
Article 30 Accommodation 1.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.
Article 31 Inviolability of the consular premises
1.Consular premises shall be inviolable to the extent
provided in this article
1. Exequatur (1991 Bar)
An authorization from the receiving State
admitting the head of a consular post to the
exercise of his functions. Thus, an appointee
cannot
start performing his function unless the receiving
State issues an exequatur to him.
2. An authorization from the receiving State
admitting the head of a consular post to the
exercise of his functions.
3.
Immunity of consuls
Consuls enjoy their own immunities and
privileges
but not to the same extent as those enjoyed by the
diplomats. Like diplomats, consuls are entitled to:
1. Inviolability of their correspondence,
archives and other documents
2. Freedom of movement and travel
3. Immunity from jurisdiction for acts
performed in their official capacity; and
4. Exemption from certain taxes and customs
Duties
4.
ish
Grounds for termination of consular office
(2D-2W-RN)
1. Death of consular officer
2. Recall
3. Dismissal
4. Notification by the receiving State to the
sending State that it has ceased to consider as
member of the consular staff
5. Withdrawal of his exequatur by the receiving
State.
6. War – outbreak of war between his home State
and the receiving State.
5.
Persona non grata
In international law and diplomatic usage means a
person not acceptable (for reasons peculiar to
himself) to the court or government to, which it is
proposed to accredit him in the character of an
1. ambassador or minister.
3. Recall – Demanded by the receiving State when
the foreign diplomat becomes persona non
grata
6. Article 42 Notification of 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.
State Jurisdiction
State Jurisdiction: competence of the State
to prescribe rules of conduct, to enforce its
legal processes and to adjudicate
controversies and claims.
Bases for State’s Exercise of Criminal
Jurisdiction:
(a) territoriality principle
(b) nationality principle
(c) protective or security principle
(d) universality principle
Add how they are applied
The territorial principle (also territoriality
principle) is a principle of public
international law under which a sovereign
statecan prosecute criminal offences that
are committed within its borders. The
principle also bars states from exercising
 jurisdiction beyond their borders, unless they
have jurisdiction under other principles such
as the principle of nationality, the passive
personality principle, the protective principle,
and possibly universal jurisdiction.[
The Nationality Principle
The nationality principle recognizes that a
sovereign can adopt criminal laws which
govern the conduct of the sovereign’s
nationals while outside of the sovereign’s
borders. Under this principle, for example, a
sovereign can make it a crime for its nationals
to engage is sexual relations with minors
while outside of its borders or to pay bribes
outside of its borders to public officials of
another sovereign.
Protective Principle Law and Legal Definition
Protective principle is a rule of international
law that allows a sovereign state to assert
jurisdiction over a person whose conduct
outside its boundaries threatens the states
security or interferes with the operation of its
government functions.
UNIVERSAL JURISDICTION
The term “universal jurisdiction” refers to the
idea that a national court may prosecute
individuals for serious crimes against
international law — such as crimes against
humanity, war crimes, genocide, and torture
— based on the principle that such crimes
harm the international community or
international order itself, which individual
States may act to protect.
2.
Principles Governing the Principle of
Equality among States:
(a): States are juridically equal;
(b) Each State shall enjoy the rights
inherent to full sovereignty;
(c) Each State has the duty to
respect the personality of other States;
3. Universality and nationality
Extradition
1.
EXTRADITION1. 1
(1996 BAR)
The right of a foreign power, created by treaty, to
demand the surrender of one accused or convicted
of a crime within its territorial jurisdiction, and
the
correlative duty of the other State to surrender
Basis of extradition
The extradition of a person is required only if
there
is a treaty between the State of refuge and the
State
of origin. As a gesture of comity, however, a State
may extradite anyone. Furthermore, even with a
treaty, crimes which are political in character are
exempted.
2. Sada
Yes as it is based on a treaty
3.
State Immunity
1.
Yes, The traditional rule of State immunity
exempts a State
from being sued in the courts of another State
without
Par in parem non habet imperium (State
Immunity from Suit)
Article 5 State immunity A State enjoys immunity, in
respect of itself and its property, from the
jurisdiction of the courts of another State subject to
the provisions of the present Convention.
2. Article 7 Express consent to exercise of
jurisdiction 1. A State cannot invoke
immunity from jurisdiction in a proceeding
before a court of another State with regard
to a matter or case if it has expressly
consented to the exercise of jurisdiction by
the court with regard to the matter or case:
(a) by international agreement; (b) in a
written contract; or – 4 – (c) by a
declaration before the court or by a written
communication in a specific proceeding. 2.
Agreement by a State for the application of
the law of another State shall not be
interpreted as consent to the exercise of
 jurisdiction by the courts of that other
State.
Article 11 Contracts of employment 1. Unless
otherwise agreed between the States
concerned, a State cannot invoke immunity
from jurisdiction before a court of another State
which is otherwise competent in a proceeding
which relates to a contract of employment
between the State and an individual for work
performed or to be performed, in whole or in
part, in the territory of that other State
Article 12 Personal injuries and damage to
property Unless otherwise agreed between the
States concerned, a State cannot invoke
immunity from jurisdiction before a court of
another State which is otherwise competent in a
proceeding which relates to pecuniary
compensation for death or injury to the person,
or damage to or loss of tangible property,
caused by an act or omission which is alleged to
be attributable to the State, if the act or
omission occurred in whole or in part in the
territory of that other State and if the author of
the act or omission was present in that territory
at the time of the act or omission.
Article 13 Ownership, possession and use of
property Unless otherwise agreed between the
States concerned, a State cannot invoke
immunity from jurisdiction before a court of
another State which is otherwise competent in a
proceeding which relates to the determination
of:
Vienna convention on diplomatic relations
1. Privileges and immunities of
diplomatic
mission
1. Personal inviolability – Members of
diplomatic mission shall not be liable for any
form of arrest or imprisonment
2. Inviolability of premises – Premises,
furnishings and means of transport shall be
immune from search, seizure, attachment or
execution.
3. Archives or documents shall be inviolable
4. Diplomatic agents are immune from criminal,
civil or administrative liability.
5. Receiving State shall protect official
communication and official correspondence
of diplomatic mission.
6. Receiving State shall ensure all members of
diplomatic mission freedom of movement and
travel.
7. A diplomatic agent is exempted to give
evidence as a witness.
8. Exemption from general duties and taxes
including custom duties with certain
exceptions.
9. Use of flag and emblem of sending State on
premises of receiving State.
2. Wala pa
Basis is nopt sovereignty, as for states, but the
need for the effective exercise of their functions
UN Charter
1. 7. Nothing contained in the present
Charter shall authorize the United
Nations to intervene in matters which
are essentially within the domestic
jurisdiction of any state or shall require
the Members to submit such matters to
settlement under the present Charter;
but this principle shall not prejudice the
application of enforcement measures
under Chapter VII.”
2. To become a part of the UN, a state
needs to first be recognized as a state.
Only other states can extend recognition
to a state, the United Nations itself
cannot perform this function. What
constitutes ‘recognition’ of a state is a
difficult and contested question.
However, because a membership
application to the UN requires the
consent of two thirds of the member
states, including the five permanent
members of the Security Council, all UN
member states can be said to have
universal or near-universal recognition
as state, and UN membership itself is an
important indicator of whether a state is
internationally recognized. All
universally recognized states except for
the Vatican City are at present members
of the UN.
To become a member of the UN, a state
must follow a certain procedure. First,
the state that wants to become a
member of the United Nations must
declare that it will adhere to the UN
Charter. This is done by submitting a
formal letter to the Secretary-General of
the UN (currently Ban Ki-moon) stating
 that it will honour the Charter. Then the
Security Council will consider the
application. The five permanent
members of the Security Council (China,
France, the Russian Federation, the
United Kingdom of Great Britain and
Northern Ireland and the United States
of America) can veto an application at
this stage. The application is only
successful if 9 of the 15 members of the
Security Council vote for the application.
The application will then be brought to
the General Assembly itself, where a
two-thirds majority is necessary for the
application to be successful.
A government, upon becoming a
member of the UN, is expected to
establish a Permanent Representation
at UN Headquarters in New York,
headed by a Permanent Representative
3. Article 5
A Member of the United Nations against which
preventive or enforcement action has been
taken by the Security Council may be
suspended from the exercise of the rights and
privileges of membership by the General
Assembly upon the recommendation of the
Security Council. The exercise of these rights
and privileges may be restored by the Security
Council.
Article 6
A Member of the United Nations which has
persistently violated the Principles contained in
the present Charter may be expelled from the
Organization by the General Assembly upon the
recommendation of the Security Council.
The U.N. Charter deliberately made no provision
for the withdrawal of member governments,
largely to prevent the threat of withdrawal from
being used as a form of political blackmail, or to
evade obligations under the Charter.
4. Resolutions by the Security Council are
legally binding. If the council cannot
reach consensus or a passing vote on a
resolution, they may choose to produce
a non-binding presidential
statement instead of a Resolution.
These are adopted by consensus. They
are meant to apply political pressure —
a warning that the Council is paying
attention and further action may follow.
5. Yes, as the State will be asserting its own
right to ensure in the persons of its
subjects respect for the rules of IL
6.
Article 32
1. Any Member of the United Nations which is
not a member of the Security Council or any
state which is not a Member of the United
Nations, if it is a party to a dispute under
consideration by the Security Council, shall
be invited to participate, without vote, in the
discussion relating to the dispute. The
Security Council shall lay down such
conditions as it deems just for the
participation of a state which is not a
Member of the United Nations.
Art 35
A state which is not a Member of the United
Nations may bring to the attention of the
Security Council or of the General Assembly
any dispute to which it is a party if it accepts
in advance, for the purposes of the dispute,
the obligations of pacific settlement
provided in the present Charter.
ICJ
1. The International Court of Justice acts as a
world court. The Court’s jurisdiction is twofold: it
decides, in accordance with international law,
disputes of a legal nature that are submitted to it
by States (jurisdiction in contentious cases); and
it gives advisory opinions on legal questions at
the request of the organs of the United Nations,
specialized agencies or one related organization
authorized to make such a request (advisory
jurisdiction).
2 making a case in court to lodging a
But only states can be parties to contentious
cases. This means that a tremendous number of
disputes involving individuals, corporations,
parts of states, NGOs, self-determination
groups, and even UN bodies are beyond the
purview of the World Court.
And even when it comes to states, the ICJ only
has jurisdiction based on consent, not
compulsory jurisdiction
International covenant on civil and political rights
1. provided that such measures are
not inconsistent with their other
obligations under international law
and do not involve discrimination
solely on the ground of race,
colour, sex, language, religion or
social origin.
Any State Party to the present
Covenant availing itself of the right
of derogation shall immediately
inform the other States Parties to
the present Covenant, through the
intermediary of the Secretary-
General of the United Nations, of
the provisions from which it has
derogated and of the reasons by
which it was actuated. A further
communication shall be made,
through the same intermediary, on
the date on which it terminates
such derogation.
2. No derogation from articles 6, 7, 8
(paragraphs I and 2), 11, 15, 16
and 18 may be made under this
provision.
Right to life, torture, slavery and force
labor, imprisonment based on non-
fulfillment of a contract, no person
shall be held guilty without a criminal
offence, right to recognition.
3. Exhaustion of domestic remedies
requires use of all available
procedures to seek protection from
future human rights violations and
to obtain justice for past abuses.
Local remedies can range from
complaint with local police.
A complaint to an international
body should include proof that
domestic remedies have been
exhausted, including information
about any legal proceedings that
took place in the country.
International Covenant on Economic,
Social, and Cultural Rights
1. Rights guaranteed thereunder
1. Right of Self Determination
2. Right to work and accompanying rights thereto
3. Right to Social Security and other social rights
4. Adequate standard of living which includes:
a. Right to adequate housing
b. Right to adequate food
c. Right to adequate clothing
5. Right to health
6. Right to education
7. Cultural Rights
2. PART II
Each State Party to the present
Covenant undertakes to take steps,
individually and through international
assistance and co-operation, especially
economic and technical, to the
maximum of its available resources,
with a view to achieving progressively
the full realization of the rights
recognized in the present Covenant by
all appropriate means, including
particularly the adoption of legislative
measures.
Progressive realization of ESCR does not mean
that governments do not have obligations in
terms of these rights until a certain level of
economic development is reached but rather that
there will be continual progress on the status of
these rights and therefore states should take
deliberate steps immediately and in the future
towards the full realization of ESCR.
Governments, no matter what level of resources
they have at their disposal, must take immediate
steps within their means towards the fulfillment
of these rights
1948 genocide convention
1. Article 6
 Persons charged with genocide or
any of the other acts enumerated
in article III shall be tried by
a competent tribunal of the State
in the territory of which the act
was committed, or by such
international penal tribunal as may
have jurisdiction with respect to
those Contracting Parties
which shall have accepted its
jurisdiction.
2. Yes. The reasons commonly given for
why this immunity is not available as a
defence to international crimes is
straight forward:
that genocide, war crimes and crimes against
humanity are not acts of state. Criminal acts of
the type in question are committed by human
actors, not states; and
3. Article 7
Genocide and the other acts
enumerated in article III shall not
be considered as political crimes
for the purpose of extradition.
The Contracting Parties pledge
themselves in such cases to grant
extradition in accordance with
their laws and treaties in force.
Convention against torture
1. No exceptional circumstances
whatsoever, whether a state of war or a
threat of war, internal political instability or
any other public emergency, may be
invoked as a justification of torture.
2. An order from a superior officer or a
public authority may not be invoked as a
justification of torture.
Convention Relating To The Status Of Stateless
Persons
1. Statelessness has serious consequences
as stateless persons are often denied
basic human rights such as identity
documents, employment, education,
and access to health services. It also
contributes to political and social
tensions in fragile states around the
world. The exclusion and denial of
rights to large populations due to
statelessness may lead to radicalization
and violent extremism among
marginalized populations.
2. The 1954 Convention guarantees
stateless persons a right to
administrative assistance (Article 25), a
right to identity and travel documents
(Articles 27 and 28) and exempts them
from reciprocity requirements (Article
7).
Considering the plight of stateless
people, the Convention stipulates that
they must be treated like nationals of
the State with regard to certain rights
such as freedom of religion or
elementary education.
While some stateless persons are
refugees at the same time, most are
not. Stateless persons who are also
refugees are entitled to the
international protection afforded by the
1951 Convention relating to the Status
of Refugees (“1951 Convention”).
3. Article 31 expulsion
1. The Contracting States shall not expel
a stateless person lawfully in their
territory save on grounds of national
security or public order.
2. The expulsion of such a stateless
person shall be only in pursuance of a
decision reached in accordance with
due process of law. Except where
compelling reasons of national security
otherwise require, the stateless person
shall be allowed to submit evidence to
clear himself, and to appeal to and be
represented for the purpose before
competent authority or a person or
persons specially designated by the
competent authority.
3. The Contracting States shall allow
such a stateless person a reasonable
period within which to seek legal
admission into another country. The
Contracting States reserve the right to
apply

Refugee Convention

1. general obligations
Every refugee has duties to the country
in which he finds himself, which require
in particular that he conform to its laws
and regulations as well as to measures
taken for the maintenance of public
order.

2. Right of asylum
In international law, it is the
competence of every State inferred
from its territorial supremacy to allow a
prosecuted alien to enter and to remain
on its territory under its protection and
thereby grant
asylum to him.