RIGHT OF

LEGATION
The Right of Legation or the Right of
Diplomatic Intercourse
-Governed by the Vienna Convention on
Diplomatic Relations
-The right of the state to send and receive
diplomatic missions, which enables states to
carry on friendly intercourse.
-It is not a natural or inherent right but exists
only by common consent.
The right to send envoys or establish
diplomatic mission is called active right
of legation

The right to receive such envoys or

mission is the passive right of legation.
Two occasions (at least), the President or
the Chief of State of any country may
conduct diplomatic personally

Chiefs of States, in general,

“is the sole organ of the nation in its external
relations, and its sole representative with
foreign nations”
1.) Chiefs of States; or
2.) Subordinate Officials
a. Ceremonial Officers
b. Political officers
Delegates to international bodies or conferences
Chiefs of missions
Agents of Diplomatic Intercourse
Four classes of Diplomatic
missions:
(1) Ambassadors
(2) Ministers plenipotentiary or
envoys extraordinary
(3) Ministers resident
(4) The charges d`affairs
The chief functions of diplomatic
officials:
(1) To present their State in negotiations with the State to which
they are accredited;
(2) To observe and report on occurrences, conditions, and
developments in receiving State which may vitally affect their
home-States;
(3) To protect the nationals of their State, within the limits
permitted by international law;
(4) To promote friendly relations between the Sending state and
the receiving State, and develop their economic, cultural, and
scientific relations;
(5) To perform ordinary consular functions, if so desired by the
sending State
The personnel of diplomatic
representatives:
The Personal entourage
The Official entourage
Head of State
Principle of extraterritoriality
- His archives, property, and means of
transportation are inviolate
-He is immune from criminal and civil
jurisdiction, except when he himself is the
plaintiff.
He is not subject to tax or exchange or currency
restrictions.
The sending state is not absolutely free in
the choice of its diplomatic representatives,
esp. The heads of missions because the
receiving state has the right to refuse to
receive as envoy of another state a person
whom it considers unacceptable. To avoid
embarrassment, states resort to an informal
inquiry (enquiry) as to the acceptability of a
particular envoy, to which the receiving state
responds with an informal
conformity(agrement). This informal process
is known as AGREATION.
The Envoy presents himself in the receiving
state, generally armed with the following
papers:
1. Letter de creance(letter of credence) with the
name , rank and general character of the
mission, and a request for favorable reception
and full credence
2. Diplomatic passport authorizing his travel
3. Instructions which may include a document of
full powers (pleins pouvoirs) authorizing him to
negotiate on extraordinary or special business
4. Cipher, code or secret key, for communications
with his country
Diplomatic Immunities and Privileges
1.)
Personal dignity and inviolability of the diplomatic
envoy.
2.) Inviolability of the official residence, archives, and
letters.
3.) Freedom to communicate on official matters with
the home State and with the envoy’s nationals
4.) Exemption from local criminal and civil jurisdiction
for official and private acts.
5.) Exemption from being subpoenaed as a witness or
from being forced
to give testimony thru deposition;
6.) Exemption from taxation and customs duties;

7.) Right to display the national flag and coat of

arms in the proper buildings;

8.) Freedom of movement within the territory;

9.) Right of transit thru third States;

10.) Freedom of religion;

11.) Right to exercise jurisdiction within his

residential and official domicile
12.) Right to precedence and to certain ceremonial
honors, according to rank;
13.) Right to grant asylum (in certain instances)

Inviolability of Diplomatic Premises:

1.) The premises of the mission shall be inviolable. The
agents of the receiving State may not enter them,
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, requisition,
attachment, or execution
n.
Consular Officials:

a consul is a commercial agent appointed by his

Government to reside in a foreign city, and permitted by
the foreign State to do so in order that he may watch
over the commercial and rights and privileges of his
own country therein, and protect the rights of his
country's nationals.
Two kinds of consuls as to character:
(1) theconsules missi
(2) the consules electi

How States rank their consular officials:

(1) consul-general
(2) consul
(3) vice - consul
(4) consular agent
 Functions:
stated in a pertinent treaty allowed by international usage
provided by his national law commercial, routinary, and administrative in
character

(1) Protecting in the receiving State the interests of the sending State and of its
nationals, both individuals and bodies corporate, within the limits permitted
by international law.
2) Furthering the development of commercial, economic, cultural and scientific
relations between the sending State and the receiving relations between them
in accordance with the provisions of the Convention.
(3)Ascertaining, by all lawful means, conditions, and developments in the
commercial, economic, cultural and scientific life of the receiving State,
reporting thereon to the Government of the sending
State and giving information to persons interested.
( 4) Issuing passports and travel documents to nationals of the sending State,
and visas or appropriate documents to persons wishing to travel to the
sending State
(5) Helping and assisting nationals, both individuals and bodies corporate, of
the sending State
(6)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 receiving State.

(7) Safeguarding the interests of nationals, both individuals and bodies

corporate 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.

(8) Safeguarding within the limits imposed by the laws and regulations of the
receiving State, the interests of minors and other persons lacking full capacity
who are nationals of the sending State, particularly where any guardianship or
trusteeship is required with respect to such persons.
(9) Subject to the practices and procedures in force in the receiving State,
representing 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 reason, such
nationals are unable at the proper time to assume the defense of their rights
and interests.
(10) Transmitting judicial and extrajudicial 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
agreements, in any other manner compatible with the laws and regulations of
the receiving State.
(11) Exercising rights of supervision and inspection provided for in the laws and
regulations of the sending State, and of aircraft registered in that State, and in
respect of their crews.
(12) Extending assistance to vessels and aircraft mentioned in (11) above and to
their crews, taking statements 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 investigations into any incidents
which occurred during the voyage, and settling disputes of any kind between
the master, the officers and the seamen insofar as this may be authorized by
the laws and regulations of the sending State.

(13) 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 referred to in the international agreements in force between the
sending State and the receiving State.
CONSULAR PRIVILEGES AND
IMMUNITIES
(1) they are allowed freedom of communication
in cipher or otherwise;
(2) they are exempted from testifying on official communications or on
matters pertaining to consular functions;
(3) they are exempt from military service or from jury and militia service;
(4) they are permitted to place above the outside entrance of the
consulate the arms of their country and to display their national flag;
(5) they are entitled to “special protection and consideration” but not
immunity in police and penal law except in MINOR offenses.
Diplomatic Immunities and
Privileges
1. Personal inviolability
*Republic Act 75
*UN Convention on the Prevention and Punishment of Crimes
Against Internationally Protected Persons
2. Inviolability of premises and archives
3. Right of Official Communication
4. Immunity from local jurisdiction
APPOINTMENT
Two important documents are necessary before the assumption of
consular functions:

1. Letters patent (lettre de provision)- letter of appointment or

commission which is transmitted to the Secretary of the Foreign
Affairs of the state where the consul is to serve
2. Exequator- authorization given to the consul by the sovereign of the
receiving state, allowing him to exercise his function within the
territory
Termination of Consular
Mission
Usual Modes of Terminating Official Relationship( death, resignation,
removal, abolition of office)
Withdrawal of the exequator
Extinction of the state
War