The Legal Nature of Diplomatic and Consular Functions - Comparative Aspects

• Author: Nail Isufi
• Position: University of Tetova (North Macedonia)
• Pages: 87-96

87

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

ISSN 2410-759X

Acces online at www.iipccl.org

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)

Abstract

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