Consular Agents Research Articles

Формирование ценностей в международном праве: историко-правовой анализ

At present, in the transitional period of the evolution of the international legal system, it becomes more relevant than ever to turn to historical and legal studies of various aspects of the formation of international law, to search for political and legal constants, evolutionary regularities, legal traditions and, of course, legal values formed at previous stages, because it is they who keep the results of past legal activity and allow understanding and reforming the current legal systems, determining the conceptual vectors of development. Legal values, among other things, have a direct normative form. First of all, these are principles of law as basic principles reflecting the general format of legal regulation in a particular legal system at a particular stage of its development. Principles allow building a legal system in accordance with the (ideal) attitudes of society, their nonrecognition or ignoring leads to various kinds of conflict situations in society. Principles of law are designed to fulfil the axiological function, which consists in the fact that they include the understanding of values in law, in the legal system, legislate the basis of the legal ideal. International law, as well as national law, can certainly be considered as an object of value relation from the standpoint of the categories of good and evil, true and untrue, permissible or prohibited, just and unjust. International law as an independent legal system has been recognised since the 19th century, at the same time, as a result of the intensification of international relations, international law was actively developed. In parallel, the corresponding international legal values began to be formed, including those reflected in the principles of international law, which in this period have not yet been legally formalised, however, on the basis of the analysis of international legal relations can be formulated. In the author's opinion, such principles include the principle of co-operation, the principle of settling disputes by peaceful means, the prohibition of trade in Negroes, and the legal status of diplomatic representatives and consular agents. These principles are directly related to the international legal values that were in the process of formation. In the course of the conducted research it was established that in the XIX century, the period of active formation of international law, including the formation and formalisation of international legal values took place. Despite the fact that the considered legal values and relevant principles back in the XIX century, we cannot but note that they have their direct significance for modern international law. Moreover, international legal values are in direct relationship with the legal values of individual states and influence national legal systems and their values.

In the Shadow of Ancient Thebes. Belgian Consular Representation in Luxor and Local Elites, 1860 and 1937

Abstract Throughout the long nineteenth century, nations that tried to expand their consular apparatus in Egypt relied on numerous autochthonous members of the Egyptian elite. Since Luxor was situated next to the site of ancient Thebes, the hordes of travelers visiting Upper Egypt in the course of the nineteenth century relied in particular on the services of consular agents. By means of a multidimensional analysis of the two diplomatic clans that served Belgium’s interests from the mid-1870s up until the abolition of the capitulation system in 1937, the Ayads and the Bicharas, this article provides a better insight in the integration of local elites into foreign diplomatic corps. By incorporating the fragmented and dispersed accounts of the services these consular agents provided into a general assessment of diplomatic culture, this contribution explores new grounds at the intersections of the history of tourism, archaeology, and diplomacy.

NO RASTRO DOS TRAFICANTES RETORNADOS E FORAGIDOS PARA PORTUGAL: A “INTELLIGENCIA SAQUAREMA” NO COMBATE AO TRÁFICO ATLÂNTICO DE ESCRAVOS DEPOIS DE 1850

Abstract With the approval of Law no. 581 of September 4, 1850, also known as the Eusébio de Queirós Law, the Imperial Government began to adopt different means to repress the action of slave dealers in the national territory. This subject has been successfully treated for some time now by specialized historiography on the final years of the traffic of Africans to Brazil. Taking a slightly different path, this article turns to the means employed by the Imperial Government abroad for that same purpose. In this sense, its attention falls on the intelligence service developed by Brazilian consular agents in Portugal in the 1850s, to follow the traces of slave dealers returned and fugitives to Portugal after the tightening of anti-slave trade measures in the Empire.

Prussian Consuls on the Southern Ukrainian Frontier in the 19th Century

The article is dedicated to the history of Prussian consular representatives (a consul general, consuls, vice consuls and consular agents) in the port cities on the Southern Ukrainian frontier in the 19th century, mainly based on the base of the documents of Geheimes Staatsarchiv Preussischer Kulturbesitz (Berlin). It aims at tracing back the transformations of the Prussian consular network in the Black Sea and the Sea of Azov region in the aforementioned period. For this purpose, the article also covers the biographies of all 14 consular representatives of Prussia in Odessa, Kerch, Berdyansk and Villa St. Marino near Khotyn.

Easy Read: Immunity of International Organisations, Diplomats and Consular Agents from Local Suits under Nigerian Law

Immunity of International Organisations, Diplomats And Consular Agents From Local Suits under Nigerian Law is a long established principle of International Law which basically states that a representative of a sending state cannot be dragged to court of the receiving state. The basis of which is, amongst others, to accord the officials of the sending states the same privileges enjoyed by officers of the receiving state in the sending state. International law is replete with alternative theories attempting to justify the practice of diplomatic immunity, the most popular of which are personal representation, the theory of extraterritoriality and the theory of functional necessity. The aim of this paper is to attempt a comparative examination of the extent of immunity and privileges enjoyed by Diplomats, Consular Agents and International Organisations under the applicable law with particular reference to Nigerian jurisprudence. The paper is divided into four parts. Part one introduces the paper and discusses briefly, the theories of immunity; Part two discusses the two major approaches to immunities—Absolute Approach and Restrictive Approach. Part three discusses the Vienna Convention on Diplomatic and Consular Immunites. Part four criticizes the local law—Diplomatic Immunities and Privileges Act, 1962 through applicable cases.

Los “desheredados” de la empresa imperial: la implantación diplomática de España como potencia colonial periférica en China

El tratado de Nanjing de 1842 entre la Gran Bretaña y el imperio Qing significó el inicio de las relaciones diplomáticas entre Europa y China. Pocos años después, también España contó con agentes consulares en los principales puertos chinos. El presente artículo analiza el despliegue diplomático español en China y sus objetivos y muestra que, a pesar de poseer un sistema consular aparentemente amplio, este no logró sus objetivos de desarrollar el comercio español en China y prestigiar a España en el contexto colonial chino, y que ello fue así principalmente por motivos que escapaban del control de los agentes diplomáticos. Asimismo, el artículo reflexiona sobre el papel que los países que pueden ser considerados periféricos dentro de la empresa imperial tuvieron en las peculiares formas de colonialismo que se desarrollaron en China a finales de siglo XIX y principios del XX.

‘Mightier Than Marx’: Hassoldt Davis and American Cold War Politics in Postwar Ivory Coast

ABSTRACTUsing the travels of Hassoldt Davis in Ivory Coast to explore the global Cold War in French West Africa in the 1950s, this article argues that the main line of confrontation in the postwar era did not always pit Americans against Russians. In many instances, the struggle for the mind and soul of Africans was between the Americans and the French. The study highlights the role of everyday technology in the expansion of the American informal empire. By focusing on Davis and the significance of low-tech artifacts, the article suggests that in our scrutiny of Cold War science/technology, we need to supplement the study of the various production regimes of consumer goods with a comparable research on consumption and how they mediated the daily battles of the era. Such approach not only underscores the historical reality of the ‘social life of things’, but also gives agency to non-state actors as both users of Cold War technoscience and as participants in the politics that informed its mobilization on the world stage. Besides bringing Francophone Africa in the historiography of US–Africa relations, the article demonstrates a convergence of vision among American consular agents, US transnational corporations and an idiosyncratic travel writer.

His Majesty's Agents: The British Consul at Tripoli, 1795–1832

This article will challenge the currently accepted notions of weak British consular presence, influence and activity in the southern Mediterranean during the period 1795–1832 through a case study of the careers of three successive consuls in the Regency of Tripoli: Simon Lucas, William Wass Langford and Hanmer Warrington. Utilising the official correspondence of these agents, the extent of the consular bridgehead in the capital, Tripoli, will be investigated, and how, through these consular and diplomatic agents, it served to define imperial interests and activity at the frontiers of empire. Moreover, the overlapping personal and professional networks within which the consuls embedded themselves, the role of enterprising missions and the development of an intelligence-gathering network will be of central significance in understanding the consequent ruptures in the social and political fabric of the Regency of Tripoli. British imperial interest in North Africa during and immediately post the Napoleonic era remains under-studied and misunderstood within both British diplomatic and imperial history. This article challenges the existing literature that underestimates the diplomatic as well as consular power exercised by the British consuls to Algiers, Tunis and Tripoli, as well as the importance of these three Barbary regencies to wider strategic interests in the Mediterranean.

Her Majesty's Protected Subjects: The Mishaqa Family in Ottoman Damascus

The protégé system that the Ottoman Empire encountered as the result of diplomatic relations with European powers later became a clear threat to the very existence of the empire. Among these powers, Britain, until the nineteenth century, executed its consular affairs via the Levant Company in the Middle East, but later employed local people, mostly non-Muslim Ottomans, as dragomans, consular agents and vice-consuls to execute its services in the region. The dragomans not only translated treaties and official documents, but also commented on the messages to and from the authorities and this gave them much more important roles. In this regard, members of the Mishaqa family served the British and later American interests under different posts ranging from dragoman, to consular agent and vice-consul. As they gained confidence, they were accorded British consular protection which provided them considerable privileges, and passed their duties to their sons. Unlike similar Levantine families who assumed dragomanship in the imperial centre as a household tradition, members of the Mishaqa family were deeply embedded in the local society and therefore could give insights on social and political changes in the Ottoman province of Damascus. After attaining British protection in 1840, members of the family served in British and American consulates until the beginning of the First World War. However, the protégé status of the family members paved the way for continued debates over their nationality and citizenship. This article attempts to present the basic codes of consular protection and Ottoman responses within the context of the story of Mishaqa family.

Dealing with Law in Migration Control

This article examines how street-level bureaucrats within migration control use their scope for discretionary powers. On the basis of two ethnographic studies of French consulates in Yaoundé and Tunis, we argue that state agents’ practices are significantly shaped by organizational constraints such as how decision-making processes are organized and the bureaucratic habitus, including the fear of fraud. Like other street-level bureaucrats, consular agents are able to draw on legal frameworks in a flexible and instrumental manner. Yet, in the field of migration policy, their scope for discretionary decision making is wider and influenced by their belief that they are acting to defend the national interest. This gives a more political dimension to the way such agents deal with law.

La disciplina dei militari impegnati all'estero in missioni umanitarie: in margine al caso Lozano

- In the well-known Lozano case, an Italian intelligence agent, Mr Nicola Calipari, remained killed in 2005 by an American soldier, Mr Mario Luis Lozano, while entering a US checkpoint on the way to the Baghdad airport soon after securing the release of an Italian journalist from Iraqi kidnappers. In the ensuing case, Italian courts addressed a number of sensitive questions, including that of jurisdiction over national troops involved, directly or indirectly, in so-called "humanitarian missions" abroad. Italian courts did have jurisdiction over the killing under Italian domestic law. Indeed, the murder of Mr Calipari can be regarded as a "political crime" under Article 8 of the Italian penal code. On such a premise, the question is whether Article 8 was superseded by a customary international law rule under Article 10 of the Italian Constitution aimed at excluding jurisdiction over Mr Lozano. State practice suggests that neither a customary rule on the exclusive jurisdiction of the sending State (as claimed by the Court of Assise of Rome in 2007) nor a customary rule on Mr Lozano's functional immunity (as claimed by the Court of Cassation in 2008) are established in customary international law. Rather, State practice reveals that a number of States are likely to recognize immunity from jurisdiction to the armed forces only in certain specific circumstances. Moreover, such immunity is quite different from the functional immunity traditionally enjoyed by diplomatic and consular agents, as well as from the immunities enjoyed by other high-ranking State officials, such as the Head of State, the Head of Government and the Minister for Foreign Affairs.

La lealtad cuestionada. Adscripción política y conflicto de autoridad en la representación española en el Perú, 1933-1939

Existing studies of the relations between Spain and Latin America during Spain's Second Republic and Civil War (1931-1939) barely touch upon Peru. Certain aspects that until now have received no attention are analyzed in this essay, which is based on primary sources from Spanish and Peruvian archives. In the first place, the author looks at the behaviour of Spanish diplomatic and consular agents, revealing their initial loyalty to the Republic and their very early adhesion to Franco. Secondly, important individuals among the more significant members of the Spanish colony in Peru also joined the nationalist cause. Finally, in addition to ideological and political factors, this article shows the intense rivalry for power and influence which developed between the chief of the diplomatic mission, and the most powerful men in the Spanish colony. This personal rivalry triggered a series of struggles for political and personal loyalties and effected the working of Francoist diplomacy in Peru.

IMMUNITY FOR INTERNATIONAL CRIMES: A REAFFIRMATION OF TRADITIONAL DOCTRINE

InArrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium), decided on 14 February 2002, the International Court of Justice held that an incumbent Minister for Foreign Affairs was immune from criminal proceedings before a foreign domestic court, even if the charges involved crimes against humanity. Human rights advocates might well regard this decision as a serious setback. Decided against a widespread euphoria brought forth by, and largely due to a neglect of an important dictum in, the historic holding in Pinochet No. 3 [2000] 1 A.C. 147, the case serves further to clarify a crucial point of State immunity in current international law. The Pinochet case dealt with the immunity of a former, as opposed to a serving, Head of State. While the majority of the Law Lords only mentioned in passing that the immunity enjoyed by a serving Head of State ratione personae was absolute, the International Court of Justice stated, in unambiguous language, that: … in international law it is firmly established that, as also diplomatic and consular agents, certain holders of high-ranking office in a State, such as the Head of State, Head of Government and Minister for Foreign Affairs, enjoy immunities from jurisdiction in other States, both civil and criminal.

Wartime Dissolution and Revival of the Japanese Language Schools in Hawai'i: Persistence of Ethnic Culture

Wartime Dissolution and Revival of the Japanese Language Schools in Hawai’i: Persistence of Ethnic Culture Noriko Shimada (bio) Introduction The history of Japanese language schools in Hawai’i during World War II has been little examined perhaps because the schools were closed during the war. Even the voluminous Hawaii nihongo gakkou kyouiku shi (History of the Japanese Language Schools in Hawaii) by the Hawaii Kyouiku Kai (Hawaii Japanese Education Association) has no chapter on the period. During the war, most Japanese language schools were forced, as “un-American” institutions, not only to close but also to dissolve and liquidate themselves. Many with large assets donated those proceeds to charitable or educational institutions or to the City and County of Honolulu. Even the postwar history of Japanese language schools has not been analyzed in a definitive way. The language schools were revived in 1947 as part of a Japanese cultural revival, much to the dismay of those who had tried to eliminate them permanently. The issei community worked hard to revive them. Interestingly, even nisei and non-Japanese groups by-and-large supported their revival. By this time, the foreign language schools were no longer the target of political debate. They grew and reached a peak in 1965. The postwar Japanese language schools were, of [End Page 121] course, much different from the ones in the prewar period in the quality of students, textbooks, teaching methods, and subjects, but their revival shows the issei’s continuous efforts to maintain their leadership, ethnic identity, and traditional Japanese values and institutions, while adapting themselves to the new conditions in Hawai’i. The purpose of this essay is to examine the history of the Japanese language schools during and after World War II in Hawai’i. I will not only examine the wartime power dynamics around the dissolution of the Japanese language schools, but also analyze their postwar revival and shift and continuity from the prewar era. How were they forced to dissolve? How did they respond to the pressure? Why did the wartime campaign to eliminate them permanently, which seemed to have succeeded, fail in the end? What did their revival mean for postwar race relations in Hawai’i? To understand better the Japanese perspectives, I have used letters, personal interviews, records of Japanese morale activities, language-school publications, and vernacular newspapers. The Mobilization of Nisei Civic Leaders to Control the Japanese Community After the attack on Pearl Harbor, the Japanese in Hawai’i, especially issei, were put on the spot. The Federal Bureau of Investigation (FBI) quickly arrested and interned 1,450 Japanese, including almost all the Buddhist and Shinto priests and Japanese language-school officials, 200 Japanese consular agents, many commercial fishermen, and 468 “pro-Japanese” kibei. 1 Though the scale of internment was limited (less than 0.9 percent of the Japanese population), its impact on the Japanese community was much greater than the numbers indicate. Since the arrested issei were leaders of the community, without their guidance, all the Japanese language schools, Buddhist temples, and Shinto shrines ceased to function. As a result, the Japanese community lost its centers of religious life, social life, and information exchange. Moreover, following the declaration of martial law on December 7, 1941, various restrictions were placed on the alien Japanese. Among these were the prohibition of public use of the Japanese language and alien group gatherings of over ten [End Page 122] people, 2 which would be abolished only after the lifting of martial law on October 24, 1944. 3 Because most issei spoke Japanese, those restrictions devastated them, depriving them of their leadership in the community and authority at home. Let us first examine the power dynamics that pressed the Japanese to close and liquidate their cherished language schools. The Japanese comprised the largest group (37.2 percent) of Hawaii’s population in 1940, followed by the Caucasian population at 24.5 percent, Hawaiian 15.2 percent, Filipino 12.4 percent, Chinese 8.7 percent, and others 3.8 percent. Such a large Japanese population, including 23.5 percent of rather unassimilated issei, was cause for anxiety as international tension mounted between the U.S. and Japan. 4 In particular, the...

British Merchant Houses in Mexico, 1821–1860: Conforming Business Practices and Ethics

R E F E R R I N G to the problems raised by the house correspondence of business firms, historian Robert Greenhill wrote, No merchant willingly admits that he is doing well: he is much more likely to grumble about goods badly sold than to offer praise when they go off well.1 The nature of the correspondence between British merchants stationed overseas and their consuls was no different and hardly could be, considering the function of consular agents. The picture of trade with Mexico from the 1820S to the i86os, as gleaned from Foreign Office documents, is indeed bleak: trade was stagnant, imports did not pay, contraband drove prices down, debts private and public went unpaid, merchants suffered all manner of in-justices and operated at the mercy of weak and corruptible governments, commercial houses skirted bankr-uptcy. It is not always easy to draw a line between exaggeration and reality.2 The situation in newly independent Mexico was uncertain, frequently turbulent, and, it would appear, hardly conducive to a flourishing trade. Constraints to the growth of external trade pervaded the import-export process and included physical, social, economic, and political barriers. Rugged terrain, climate, and the primitive state of transportation slowed down

British International Law Cases. Vols. 4, 5, 6. Vol. 4: The Individual in International Law. pp. xxiv, 854. Cumulative Table of Cases, Vols. 1–4. Index. $26.50; Vol. 5: The Individual in International Law (continued); Aliens: Extradition: Fugitive Offenders, pp. xxviii, 731. Cumulative Table of Cases, Vols. 1–5. Index. $24.00; Vol. 6: Diplomatic and Consular Agents; Treaties; Addendum, pp. xxxii, 984.

British International Law Cases. Vols. 4, 5, 6. Vol. 4: The Individual in International Law. pp. xxiv, 854. Cumulative Table of Cases, Vols. 1–4. Index. $30.00. London: Stevens & Sons; Dobbs Ferry, N. Y.: Oceana Publications, 1966, 1967. - Volume 63 Issue 4

British International Law Cases. A Collection of Decisions of Courts in the British Isles on Points of International Law. British Institute Studies in International and Comparative Law No. 1, Vol. 6. Diplomatic and Consular Agents, Treaties, Addendum

British International Law Cases. A Collection of Decisions of Courts in the British Isles on Points of International Law. British Institute Studies in International and Comparative Law No. 1, Vol. 6. Diplomatic and Consular Agents, Treaties, Addendum

REVIEWS

Civilians under Military Justice: The British Practice since 1689 especially in North America. By Frederick Bernays Wiener.Legal Fictions. By Lon L. Fuller.Existentialism and Legal Science. By George Cohn.Law. By Lord Lloyd of Hampstead.Gatley on Libel and Slander. Sixth Edition. By R. L. McEwen and P. S. C. Lewis.The Forensic Lottery. By Terence G. Ison.Take‐Overs and Amalgamations. Second Edition. By M. A. WeinbergFundamental Rights in the Irish Law and Constitution. Second edition. By J. M. Kelly.Civil Rights, the Constitution, and the Courts. By Archibald Cox, Mark De Wolfe Howe and J. R. Wiggins.The Constitution of Malaysia. By L. A. Sheridan and Harry E. Groves.The Constitution of India. By M. C. J. Kagzi.Constitutions of Modern States: Selected Texts. By Leslie Wolf‐Phillips.The Judicial Committee and the British North America Act. By G. P. Browne.Diplomatic Privileges and Immunities. By Clifton E. Wilson.British International Law Cases. Vol. 6. Diplomatic and Consular Agents, Treaties, Addendum.The Effectiveness of International Supervision. By E. A. Landy.The Law Governing Employment in International Organizations. By M. B. Akehurst.Essays on the Law of Treaties. By Ingrid Detter.The Civil Code and the Code of Civil Procedure of the RSFSR 1964. Translated by A. K. R. Kiralfy. (Editor, Z. Szirmai.)Legal Controls in the Soviet Union. By Leon Boim, Glenn G. Morgan and Aleksander W. Rudzinski. (Editor, Z. Szirmai.)Law, Morality and Religion in a Secular Society. By Basil MitchellFreedom under the Law. By Lord Denning.The African Law Reports—Commercial Series 1965. General Editor: Dr. Alan Milner.Caucasians Only. The Supreme Court, the NAACP and the Restrictive Covenant Cases. By Clement E. Vose.

Georgia and the Fall of the Ṣafavi Dynasty

Contemporaryaccounts of the events which led up to the Afghan conquest of Persia in 1722 ascribe some importance to the role played by the Georgians in this catastrophe. The well-known narrative of Jonas Hanway and reports of Catholic missionaries, European travellers, and Consular agents, together with the published documents from Russian archives, indicate that the deterioration of relations between the Shah and the King of K'art'li was among the factors which assisted Mīr Maḥmūd's enterprise. In the present brief study, the archives of the French Ministry of Foreign Affairs at the Quai d'Orsay, as well as Georgian sources, have been drawn on to sketch the history of Georgian relations with the government of Shah Sulṭān Ḥusayn, and follow up some suggestive indications contained in Professor Minorsky's own writings.

The Corporation as a Technique of International Administration

T HHE MOST DYNAMIC AND SERVICEABLE CONCEPT in the portfolio of modern business, the idea of the corporation, traces its lineage directly back to a great thirteenth century canonist, Pope Innocent IV. During an incubation period of four centuries, the corporate concept was in large measure the handmaiden of institutionalized religion.1 It was the legal device whereby a small collective enterprise devoted to God, learning or charity, such as an abbey or university, could preserve its continued existence, its legal rights, and its properties, even though the original human members of the group enterprise had all died. In the seventeenth century, a new and more ambitious field was carved out for corporate action. The economic exploitation of the wealth to be found in the new hemisphere of the Americas and the old continent of Asia became the province of compact and aggressive groups of merchant adventurers collectively organized as an English (or Dutch, or Portuguese) East India (or a Hudson Bay, or a Muscovy) Company. These companies, in addition to their monopoly privileges and (shall we say sovereign?) immunities from import and export laws and customs duties, had the power to tax their own members, decide their own disputes, and defend themselves against pirates and other external enemies. The English East India Company, it may be noted, not only remained on to subsidize Charles Lamb, John Stuart Mill, and a number of great Orientalists, but ruled India with an iron grip until the middle of the nineteenth century.2 In fact, the maintenance of fortifications and consular agents and