The present German system of consuls and consulates was established in 1873. The legal and commercial experts are directly responsible to the central government and charged as one of their principal duties with the task of keeping the government informed of all that may be of interest to German traders. "These reports are said to have contributed greatly to the recent and wonderful expansion of German trade."1 The British consular system is not unlike that of the United States but with less intimate relation to commerce and trade, partly due, so far as the consuls of the United States are concerned, to the system of consular invoices required of our consuls. It has connection and relations with the government board of trade of Great Britain not unlike those existing between the department of commerce and the consular system of the United States. The trade reports emanating from consular officers of both countries have become more important in late years and serve to stimulate trade and commerce abroad. In the absence of naval vessels and authorities the British consul becomes the senior naval officer present. 108. Termination of Consular Functions.-The term of a consular officer ends through death, resignation, promotion, recall, dismissal, revocation of exequatur, or a war between the two countries with which he is concerned. A request for the recall of a consul by the foreign government is less drastic than the revocation of his exequatur, but the absolute right remains with the country to which he is accredited to withdraw the exequatur, which automatically closes his functions at that place. But it not only closes the functions of the individual holding the position of consul, but it leaves the sending state without any representative or agent in the locality and hence, if done abruptly and without explanation, becomes a slight to the sending government and may easily lead to reprisal. Under these circumstances it may become necessary to place 1 "Encyclopædia Britannica," vol. VII, p. 21, 11th ed. the archives and, to an extent, the duties of the departing consul in the hands of a consul of a third state, which should be readily permitted by the foreign state. A change in the ruler of a country does not cause a termination of the functions of a consular officer; a state of anarchy naturally requires his presence at his post, and it is doubtful whether his functions cease if his district is annexed, occupied, or conquered by another state than the one to which he is accredited. 109. Exterritoriality. Consuls with Judicial Functions.The general principles causing ex- or extra-territoriality are given by Moore as follows: 66 Owing to diversities in law, custom, and social habits, the citizens and subjects of nations possessing European civilization enjoy in countries of non-European civilization, chiefly in the East, an extensive exemption from the operation of the local law. This exemption is termed 'extraterritoriality.' It is generally secured by treaties and in some instances is altogether based upon them, and its exercise is usually regulated by the legislation of the countries to whose citizens or subjects the privilege belongs. Under this system jurisdiction is exercised by foreign officials, most frequently the diplomatic and consular officers, over persons of their own nationality." The power of commencing original civil and criminal proceedings is vested in consuls exclusively except in capital or very grave criminal cases or when consuls are interested as principals or witnesses. In these cases when there is no judicial court established the matter comes under the charge of the diplomatic agent. In countries not inhabited by any civilized people or recognized by any treaty with the United States, consular officers are given power by law to hear and determine civil cases where the amount does not exceed $1,000, exclusive of costs, and where the imprisonment does not exceed sixty days. Candidates for appointment to countries where consular courts and judicial powers exist are required to pass a supplementary examination in the principles of common law, the rules of evidence, and the trial of civil and criminal cases. By the creation of a United States court in China, with a federal judge, a district attorney, and other officers, and with headquarters at Shanghai, the minister and consuls in China are relieved from a great burden of duties. The consuls, however, still have original jurisdiction in minor civil and criminal cases, with right of appeal to this court. As a rule, it may be said in conclusion that by the treaties made with countries possessing a degree of civilization by which exterritoriality is granted that "the national sovereignty and law are transferred bodily onto a foreign soil and made applicable to citizens or subjects of the nationality dwelling there. Under this jurisdiction are their rights as between themselves, and as between them and the natives, and, with certain restrictions, between them and resident foreigners of other nationality."1 TOPICS AND REFERENCES 1. Historical Sketch of Consulates Stowell, "Le Consul," Introd. Oppenheim, 2d ed., vol. I, 482-5. 2. The Consul and His General Functions Stowell, "Le Consul," 15, 147. Oppenheim, 2d ed., vol. I, 490-3. Phillimore, 3d ed., vol. II, 270–286. U. S. Consular Regulations, 1896. Stowell, "Consular Cases and Opinions." 3. Classification and Precedence of Consuls Van Dyne, "Our Foreign Service," 128-133. Moore's "Digest," vol. V, 2-6, 58-60. Oppenheim, 2d ed., vol. I, 485–7. "U. S. Navy Regulations, 1913," Arts. 1117-18, 1119, 1253, 1273. 4. Granting of Exequatur-Appointment of Consuls Stowell, "Le Consul," 207-216. U. S. Consular Regulations, 1896, 12-27, and 41. Oppenheim, 2d ed., vol. I, 487–491. 5. Rights and Privileges of Consular Officers Moore's "Digest," vol. V, 32-58, 60-92. U. S. Consular Regula tions, 1896, 27-37. Oppenheim, 2d ed., vol. I, 493-9. Stowell, 1 Foster, "Practice of Diplomacy," p. 231. "Le Consul." Stowell, "Consular Cases and Opinions." Lud wig, "Consular Treaty Rights." 6. Duties of Consular Officers Stowell, "Le Consul." Stowell, "Consular Cases and Opinions." U. S. Consular Regulations. Van Dyne, "Our Foreign Service," chap. III. 7. Foreign Consular Systems Stowell, "Le Consul," Appendices B, C, and D, Bibliography. 8. Termination of Consular Functions Oppenheim, 2d ed., vol. I, 496-7. Stowell, 217-222. Moore's "Digest," vol. V, 29–32. 9. Exterritoriality and Consuls with Judicial Functions— Phillimore, 3d ed., vol. II, 337-342. Moore's "Digest," vol. V, 37-40. Foster's "Practice of Diplomacy." 230-7. CHAPTER XII INTERNATIONAL AGREEMENTS. NEGOTIATIONS. CONGRESSES AND CONFERENCES 110. International Agreements. The development of modern states is accompanied by constant and increasing international intercourse, which in turn creates various international agreements differing in kind and importance. Of these, as Nys well says, the smaller portion only is devoted to the settlement of conflicts and the regulation of differences; they have become instead more pacific in their aims, with a general desire to better relations already peaceable or to create new regulations as a result of increasing intimacy of intercourse and friendship. They are largely, in fact, agreements to better accomplish worthy ends by the common effort of several or many states.1 III. Negotiations.-The negotiations of modern days are more direct and frank than those of times gone by. Diplomacy and the art of negotiation in earlier times produced a number of treatises bearing upon this subject. Whatever may have been their utility in those times, they have become largely obsolete, the experience and the knowledge of the negotiator supplanting the theoretical maxims and the lengthy dissertations that served as the instructions of the home government. Perhaps no better guide to the modern diplomatist can be found than the instructions given by the first secretary of state to Mr. Jay, to the effect that "it is the President's wish that the characteristics of an American minister should be marked on the one hand by a firmness against improper compliances, and 1 Nys, "Le Droit International," 1912, vol. II, p. 480. |