The Legal Nature of Diplomatic and Consular Functions - Comparative Aspects

AuthorNail Isufi
PositionUniversity of Tetova (North Macedonia)
Balkan Journal of Interdisciplinary Research
IIPCCL Publishing, Graz-Austria
ISSN 2410-759X
Acces online at
Vol. 6 No.1
May, 2020
The Legal Nature of Diplomatic and Consular Functions
- Comparative Aspects
PhD (C.) Nail Isuf‌i
University of Tetova (North Macedonia)
The legal nature of diplomatic and consular functions is of particular importance in the
legal sciences. It also f‌i nds more specif‌i c treatment in international law, diplomatic law and
consular law. Therefore, this paper aims to clarify the legal aspect of diplomatic functions
with international and institutional political elements that are regulated by international rules
and conventions which are applied between states respectively, in diplomatic relations. This
article is based mostly on international and local literature, especially as it focuses on the
diplomatic and consular functions, which are constructed and conceived by the opinions of
various authors, and it is providing additional treatment. Although diplomatic and consular
functions have changed over time, today they enjoy a special place not only in international
law but also in the exact sciences. Regardless to the importance of diplomatic and consular
functions, it must always take into consideration that their functions do not complement each
other for a long time, as in this case the meaning and role of diplomats and consuls in relation
to other states will be lost. Therefore, the diplomatic mission is intended to represent the state
in the entirety of diplomatic relations, which consuls does not have this right.
Keywords: consular, convention, diplomatic, representation, state.
1. Diplomatic functions
It is important to mention that what are the diplomatic representatives and consuls
in general, before to talk about the legal nature of diplomatic and consular functions.
Also, for the author’s views on diplomatic and consuls representatives, having into
consideration various of international acts, such as international conventions and
internal laws of the states which regulate this ma er more specif‌i cally, and what
should be done in order to regulate this ma er, namely the questions which relates
exclusively to diplomatic and consular functions.
As is known in the Roman system for the diplomats it was important its own right.
Generaly, they have ad hoc functions who travelled between cities and negotiated
the terms (Eilers, 2009: 6). Todays, in diplomatic theory, except to prof‌i ling of
diplomatic missions and diplomatic agents, namely, there is also the def‌i nition of
diplomatic functions. And, this def‌i nition in most cases includes: (a) representation;
(b) negotiations; (c) protection of interests; (d) supervision and notif‌i catio and; (e)
advancement of the diplomatic relations (, 2016: 100). It is important to
emphasize that in general in international law, the receiving state not only generally
accepts that diplomats should have immunity, but it also has to give its consent to a
specif‌i c diplomat enjoying the relevant immunity [sic]! (Orakhelashvili, 2008: 166). It
is an important condition which is necessary to be provided during the performace
of diplomatic functions by diplomats.
According to article 3 of the Vienna Convention on Diplomatic Relations (1961), the

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