The Legal Nature of Consuls Immunity

• Author: Nail Isufi
• Position: PhD Candidate, Faculty of Law, University of Tetova, Republic of North Macedonia
• Pages: 89-101

JURIDICA

89

Nail Isufi1

Abstract: Whenever is talked about the immunities and privileges of the consuls, it must bear in

mind that this institution is of particular importance in international law, especially in consular law.

Otherwise, the immunity as a concept means exemption from an obligation. In the legal point of view,

the content of the nature of the immunity itself consists to explain a particular status of a subject at a

certain time. This paper aims to explain the meaning and the importance of the consuls immunity

based on various literature and in domestic and international legal acts i.e. Havana Convention on

Consular Agents (1928), Vienna Convention on Consular Relations (1963), European Convention on

Consular Functions (1967), Convention on Special Missions (1969), on which are foreseen all rights

and obligations of consuls that they exercise during the performance of the mission in the receiving

state. What is characteristic in the performance of the consular activities is the case when the sending

state does not have diplomatic r epresentatives in the receiving state. This consists of giving the

opportunity for per formation of diplomatic affairs by the consuls, which implies the consent of t he

receiving state, but always preserving consul status. It should be noted that among immunities and

privileges that are invoked by consuls and which are universally acknowledged, but there are some

cases that remained to be regulated by bilateral agreements between states.

Keywords: Diplomatic Agent; Consul; Convention; Immunity.

1. History of the Institution of Consuls and its Immunity

Historically, it can be said that the origin of consuls were from Ancient Greece.

Greek city-states (p olis) had s ome so-called proxies who were charged with some

consular functions. However, most authors associate the development of the

institution of consuls especially with the period of international t rade development.

Traders of Ita lian, French, Spa nish cities during the Middle Time have practically

1 PhD Candidate, Faculty of Law, University of Tetova, Republic of North Ma cedonia, Address: Str.

Ilinden, nn. 1200 Tetova, Republic of North Macedonia, Tel.: +389 71 80 53 64; Corresponding

author: nail87@hotmail.com.

AUDJ, Vol. 16, No. 1/2020, pp. 89-101

The Legal Nature of Consuls Immunity