UNIT 5 - AD HOC DIPLOMACY

Question 1

What are the origins of the consulates?

Answer 1

There were firs established around the mediterranean sea and its adjacent seas, focused in international trade. Representatives of merchants in the ports were the ones who had te authority and ability to resolve conflicts between sailors. In addition, there were an intense competition between ship-owners form different states.

The first trading consuls were merchants chosen by merchants themselves. They were financially supported by the small tax they were allowed to charge in the goods moving through their territory plus the benefits they obtained from their private trading.

They were not paid nor appointed by estate so they don’t represent its interests. Until the middle of the 17th century when the state started to take control of the consular work and gave them more responsibilities to place the national interest first.

Question 2

Wat is the difference between the consular work and embassies?

Answer 2

They focus on different topics: consulates focus on individuals and business corporations whereas embassies focus on policy in intergovernmental relations, especially those of a political nature.

Question 3

How consulates and diplomats differ in their immunities and privileges?

Answer 3

Regarding the immunity from jurisdiction:
Consulates are immune from the jurisdiction of the receiving country only in respect of their official acts. While diplomats are also immune from their private acts.

Regarding the liability to give evidence:
Consulates may be called upon to give evidence in judicial and administrative proceedings (except in matters relating to their work). Diplomats are not under such obligation.

Regarding the inviolability of the person:
Diplomats are full inviolable, while consulates can be liable to arrest or detention, to appeal in a court and to imprisonment when there is a gave crime.

Regards the inviolability of premises: consular premises are inviolable but authorities of the receiving state can enter in emergency situations without the need of the head of the mission’s consent ad can be expropriated with compensation. Immunity regarding the embassies’ premises is full. The private residence of the consul is not part of the consular premises so it does not enjoy immunity.

Question 4

Consular funtions

Answer 4

1. Entry clearance
2. Assistance to nationals
3. Consular Diplomacy