Цывкунова Интернатионал Лаw Учебно-методическое пособие 2010

Finally in Articles 43-46 the convention deals with arrangements on the termination of diplomatic functions and on severance of diplomatic relations.

Article 43

The function of a diplomatic agent comes to an end, inter alia:

(a)on notification by the sending State to the receiving State that the function of the diplomatic agent has come to an end;

(b)on notification by the receiving State to the sending State that, in accordance with paragraph 2 of Article 9, it refuses to recognize the diplomatic agent as a member of the mission.

Article 45

If diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled:

(a)the receiving State must, even in case of armed conflict, respect and protect the premises of the mission, together with its property and archives;

(b)the sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to the receiving State;

(c)the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.

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Task 3. Case studies. Work in small groups.

International Relations: News

US envoy William Burns in Syria visit

(BBC News, February, 2010)

A top US diplomat has met Syria's President Bashar Assad, as part of a US move to improve ties with Damascus.

The visit of Under-Secretary of State William Burns comes after President Barack Obama nominated the first US ambassador to Syria in five years. Mr Burns is also due to meet Syria's Foreign Minister Walid Muallem in Damascus, as part of a regional tour.

Analysts say the visit is aimed at loosening Syria's ties with Iran while pushing for a Middle East peace accord. Syrian-American relations have been troubled during the past five years, but bridges are slowly being built, the BBC's Lina Sinjab reports from Damascus. In 2005, the US withdrew its ambassador following the assassination of former Lebanese Prime Minister Rafik Hariri. Damascus was blamed for the killing, an accusation Syria has always denied. Our correspondent says relations were strained even before Mr Hariri's assassination. Syria has been on Washington's list of state sponsors of terrorism since 1979.

In 2004, the US Congress passed the Syria Accountability Act - which prohibits most American goods from being sold to Syria - and imposed financial sanctions. The US remains concerned about Syria's support for the Lebanese militant group Hezbollah and wants Damascus to help in stabilizing Iraq and influence Iran over its nuclear programme, our correspondent says.

In return, the US could end its sanctions against Syria and put pressure on Israel to return the Golan Heights - seized in the 1967 war. Resolving

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the Israeli-Syrian standoff could give a major push to a peace accord between Israel and the Palestinians, analysts say.

The appointment of a new American ambassador, Robert Ford, to Damascus has been in the works since the middle of last year, says the BBC's Washington correspondent Steve Kingstone.

"His appointment represents President Obama's commitment to use engagement to advance US interests by improving communication with the Syrian government and people," the White House said in a statement.

If the appointment is confirmed by the US Senate, Mr Ford would "engage the Syrian government on how we can enhance relations, while addressing areas of ongoing concern", the White House added. But Republicans criticized the nomination as rewarding an enemy. "With this nomination, our foreign policy again risks sending the message that it is better to be an intractable enemy than a co-operative, loyal US ally," said the top Republican on the House of Representatives foreign affairs committee, Ileana Ros-Lehtinen.

•Translate the following expressions into Russian. Provide your own examples of their usage.

to improve ties

to enhance relations

to loose ties

relations are troubled

relations are strained

to resolve a standoff

to nominate, to withdraw an ambassador

•Provide some background information about Syrian-American relations.

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Unit V. Section 5

Consular Relations

The Vienna Convention on Consular Relations

Task 1. Sum up the information about consuls versus diplomats, establishment of consular relations, consular functions.

The title consul is used for the official representatives of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul’s own country, and to facilitate trade and friendship between the receiving and sending states. While there is but one ambassador representing a nation’s head of state to another, and his or her duties revolve around diplomatic relations between the two countries, there may be several consuls providing assistance with bureaucratic issues to both the nationals of the sending state traveling or living abroad and to the citizens of the receiving state who wish to travel to or trade with the consul’s country.

Article 2. Establishment of consular relations

1.The establishment of consular relations between States takes place by mutual consent.

2.The consent given to the establishment of diplomatic relations between two States implies, unless otherwise stated, consent to the establishment of consular relations.

3.The severance of diplomatic relations shall not ipso facto involve the severance of consular relations.

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Article 5. Consular functions

Consular functions consist in:

(a)protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;

(b)furthering the development of commercial, economic, cultural and scientific relations between the sending State and the receiving State and otherwise promoting friendly relations between them in accordance with the provisions of the present Convention;

(c)ascertaining by all lawful means conditions and developments in the commercial, economic, cultural and scientific life of the receiving State, reporting thereon to the Government of the sending State and giving information to persons interested;

(d)issuing passports and travel documents to nationals of the sending State, and visas or appropriate documents to persons wishing to travel to the sending State;

(e)helping and assisting nationals, both individuals and bodies corporate, of the sending State;

(f)acting as notary and civil registrar and in capacities of a similar kind, and performing certain functions of an administrative nature, provided that there is nothing contrary thereto in the laws and regulations of the receiving State; …….

Article 9. Classes of heads of consular posts

1.Heads of consular posts are divided into four classes, namely:

(a)consuls-general;

(b)consuls;

(c)vice-consuls;

(d)consular agents.

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Article 12. The exequatur

1.The head of a consular post is admitted to the exercise of his functions by an authorization from the receiving State termed an exequatur, whatever the form of this authorization.

2.A State which refuses to grant an exequatur is not obliged to give to the sending State reasons for such refusal.

3.Subject to the provisions of Articles 13 and 15, the head of a consular post shall not enter upon his duties until he has received an exequatur.

Task 2. Read the interview with V.A. Pavlovsky (2009), director of the Consular Department of the Foreign Ministry of Russia. Summarize his answers.

(Q) How are the relations between your Department and your colleagues in the consulates-general and other consular establishments in Moscow and other Russian cities? What is the number of these consulates and the size of their staff? What are the trends in the development of consular relations between Russia and other countries?

(A) At the moment, there are more than 80 consulates of foreign countries on the territory of the Russian Federation. Strictly speaking, it is these establishments that are consulates in the sense of the Vienna Convention on Consular Relations of 1963. Apart from the consulates mentioned, there are 147 consular divisions of embassies as well as 76 honorary consular officers of foreign states performing corresponding functions. The total number of staff members of consular establishments alone is over 1,000 people.

We feel that our interaction with foreign consulates promotes friendly relations and mutually beneficial cooperation of the Russian Federation with other states as well as the expansion of economic, trade, scientifictechnical, cultural and sport ties and tourism.

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The Department takes an active part in providing a contractual and legal framework of consular relations between the Russian Federation and foreign states. Over the last eight years, for instance, 39 accords on the regime of reciprocal trips of citizens were concluded. A short time ago, an agreement on visa-free reciprocal trips of citizens of the two countries was signed with Israel. The signing of a similar agreement with Brazil is being worked on.

Our agreement with the European Communities on simplifying the process of getting a visa should be particularly noted among international agreements concluded by Russia. That agreement made it possible to go from a dialog on how to step by step reach the stage of visa-free trips of Russian and EU nationals to a practical discussion of the problem.

Fighting illegal immigration is one of the priorities of consulates. Readmission, a relatively new institution in domestic legal practice, will, in our view, be of special importance in the consular area. Readmission is to ensure the receiving, return and transit of foreigners staying in this country and breaking the law. The coming into force of an agreement on readmission with the European Communities was a landmark on this road.

In the last 10—15 years, the amount of Russia’s economic interaction with other countries has grown dramatically. Naturally, this growth has resulted in a greater number of Russian entrepreneurs and technical specialists going abroad and more of their counterparts coming to this country.

(Q) Does the Consular Department have any new ways of interacting with the business community now?

(A) Indeed, domestic businesses are consistently gaining ground around the world. To defend the legal interests of businesses, the Consular Department, in compliance with current legislation, provides extensive information and consulting services to Russian and foreign entrepreneurs in order to help them get objective information on their prospective business partners, on foreign tax regulations, on currency and customs

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laws, on the procedures for the registration of subsidiaries and representative offices of domestic companies, and on the prospects for the export of goods and services. Of great importance is the support the Department gives in getting visas for international forums and sports events held in Russia. We also provide assistance to citizens of the RF in getting visas of foreign countries when going to them for work or business purposes.

The growing well-being of Russian citizens has led to an unprecedented increase in the number of citizens going abroad on vacation, for educational purposes, to see relatives or on business. However, the structure and staff of the Russian consulates have not undergone any substantial changes, as far as I know.

(Q) Can we expect significant changes in the work of the domestic consular service that will improve the services provided to Russian nationals when abroad?

(A) In 2007, some 30 million citizens of the Russian Federation went abroad. It would be no exaggeration to say that we are witnessing a phenomenal increase in the number of applications of Russian and foreign nationals turning to consular officers for legal advice, citizenship, registration, and the notarization of and request for documents.

There are special requirements for a consular officer: he is supposed to have a basic knowledge of practically all fields of law, be able to promptly make responsible and proper decisions, act occasionally as a defense lawyer and sometimes be a psychologist. As you quite rightly noted, we will have a hard time handling the swelling flow of requests unless we dramatically increase the staff of consulates.

Upgrading the automated information systems that are used in processing visas, passports and invitations to foreign nationals to enter Russia as well as in the consideration of citizenship remain a pressing problem of the Russian Foreign Ministry’s consular activities. Work on introducing web technologies is under way. It will help speed up the processing of documents and eventually improve the quality of consular services provided applicants.

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Information technologies are being introduced that will make it possible to issue next-generation passports increasing the trustworthiness and protection of the data on the holders of ICs and, consequently, ensuring freer movement of Russian citizens abroad, which is of special importance now.

(Q) What do you think of the category of honorary consuls, will the number of Russian honorary consuls abroad increase?

(A) Russia began to actively make use of the category of honorary consuls in the early 1990s when it was decided – for objective reasons – to close quite a few consulates. At present, 73 honorary consuls operating in 51 countries already represent the Russian Federation in other countries.

There is no doubt that honorary consuls are making a sizable contribution to strengthening Russia’s friendly relations with other states, to developing mutually advantageous trade, economic and humanitarian ties as well as to protecting the rights and interests of citizens and legal entities of the Russian Federation. At the same time, the potential of this public institution has, in our view, not yet been fully realized. The continued expansion of tourism, economic and cultural cooperation with other countries will inevitably result in the establishment of a wider network of Russia’s honorary consuls.

Task 3. Choose one of the topics and make reports:

•Immunities and privileges of consular agents.

•Honorary consuls: functions, their role.

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Revision of the Vocabulary Items of Unit V

Section 1, 2

Task 1. Peer work. Practice the translation from Russian into English:

дипломатические представители: Чрезвычайный и Полномочный Посол, (папский) нунций, интернунций, посланник, поверенный в делах, временный поверенный в делах, советник, военный атташе, военно-морской атташе, военно-воздушный атташе, торговый представитель и его заместители;

назначать (2 варианта) члена дипломатического персонала, адми- нистративно-технического персонала, обслуживающего персонала, казначея; дипломатическое представительство (2 варианта), посольство;

МИД России, министр иностранных дел; Государственный департамент США, государственный секретарь; временно выполнять функции главы представительства;

способствовать развитию (сохранению) дружественных отношений между аккредитующим государством и страной пребывания;

челночная дипломатия дипломатия канонерок дипломатический иммунитет

разрывать дипломатические отношения восстанавливать (2 варианта) дипломатические отношения отозвать дипломатического представителя

говорить от лица (от имени) дипломатического корпуса на торжественных событиях; в отношении привилегий и иммунитетов дипломатических агентов;

отвечать за ведение текущих административных дел; содействовать налаживанию контактов; ознакомить коллег с традициями страны пребывания (ввести в курс дела);

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