Consular Privileges and Immunities Under the Treaties of Friendship, Commerce and Consular Rights

Abstract

The reëstablishment of treaty relations with Germany seems to have afforded occasion for a new type of treaty incorporating new principles,restating old ones and generally rearranging the subject-matter considered.Provisions relating to consular privileges and immunities show the influence of this new consideration. The Treaty of Friendship, Commerce and Consular Rights with Germany has been followed by similar treaties with Estonia and Hungary. Ratification of a like treaty with Salvador has been advised and consented to by the United States Senate, but the exchange of ratifications has not yet been announced. A consular convention with Cuba follows the corresponding provisions in the treaties of friendship, commerce and consular rights so far as consular privileges and immunities are concerned. As press reports have indicated that similar treaties may be negotiated with other states, it is possible that there may be an extensive redefinition of consular privileges and immunities along the lines of the provisions of the recently published treaties. In the light of this possibility the contents of this part of the treaties are of great importance and an examination of them of present interest. As the Treaty of Friendship, Commerce and Consular Rights with Germany was the first of the series,the following discussion is based upon the provisions of that treaty, with attention being given to the more important departures in the later treaties.