Consular Relations Act 1968
| Author | J. C. Woodliffe |
| Date | 01 January 1969 |
| Published date | 01 January 1969 |
| DOI | http://doi.org/10.1111/j.1468-2230.1969.tb02284.x |
STATUTES
CONSULAR
RELATIONS ACT
1968
THE development of international trade and seaborne commerce in
the nineteenth century revived the importance
of
the institution of
consul. This led to the growth of a systematic body of consular law
and practice embodied partly in customary international law and
consular treaties, and partly in municipal laws and usages which
together furnished the
sedes materiae
for the codification of the law
in the Vienna Convention on Consular Relations
1963.'
Until relatively recent times British practice in the field of
consular relations-in contrast to that of the majority
of
states-was
characterised by an almost complete absence of legal regulation
both on the domestic and international planes.
Barbuit's Case
a
decided that
a
foreign consul was not a
"
publick minister
"
within
the Act of Anne
1708,
and did not therefore enjoy diplomatic privi-
leges and immunities. However,
it
is generally accepted that the
common law, adopting generally recognised norms of international
law as part
of
the law of the land, clothes
a
consul with immunity
from local jurisdiction in respect of official
It
was not until
1949
that the United Kingdom negotiated a true consular conven-
tion
'
setting out, on a basis of reciprocity, the functions, privileges
and immunities of consular officers. Since then similar conventions
have been entered into with another sixteen c~untries.~
The Act is not
a
comprehensive code of the law relating to
consular relations but rather an attempt to adjust existing municipal
law in accordance with the numerous treaty obligations incurred by
the United Kingdom in this field. The main objects and effects of
the Act are as follows.g
I. IMPLEMENTATION
OF
THE
VIENNA
CONVENTION
This closely follows the method adopted by the Diplomatic Privileges
Act
1964,
in implementing the parallel Vienna Convention on
Diplomatic Relations
1961.
Section
1
(1)
gives the force of law to
the relevant articles
of
the Convention set out in Schedule
1
to the
Act. Where any state maintains consuls in the United Kingdom
but accords to United Kingdom consular posts and members thereof
in its territory privileges and immunities less than those conferred by
1
It
came into force in March 1967.
2
(1737) Cas.t.Talbot. 281.
See
Vineash
v.
Becker (1814)
3
M.
&
S.
284: Beckett, 21 B.Y.I.L. (1944) 34.
4
With the United States.
5
Fourteen are in force: those with Poland and the Soviet Union await ratification.
6
It
will
come into force on a day
to
be appointed:
8.
16 (3).
59
It
wits
replaced by another in
1951.
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