International Law Commission International Law Commission

Last update: July 15, 2015

Analytical Guide to the Work of the International Law Commission

Consular intercourse and immunities

See also: Summary | Texts and Instruments

Mandate

At its first session, in 1949, the Commission selected the subject of consular intercourse and immunities as one of the topics the codification of which it considered desirable and feasible.

Studies undertaken by the Secretariat and Reports of the Secretary-General

None

Reports of the Working Group or Sub-Committee

None

Reports of the Special Rapporteur

  • Report on consular intercourse and immunities divided into two parts. The first part deals with the historical development of the subject; the codification of consular law; the general nature of the consular mission; honorary consuls and consuls otherwise gainfully employed; questions of method; and questions of terminology. The second part contains a set of draft provisional articles on consular intercourse and immunities.
    • Report of the Special Rapporteur, Jaroslav Žourek (9th session of the ILC (1957))
  • Second report focusing on the personal inviolability of consuls and the most-favoured-nation clause as applied to consular intercourse and immunities, and containing thirteen additional articles.
    • Second report of the Special Rapporteur, Jaroslav Žourek (12th session of the ILC (1960))
  • Analysis of the comments made by the Government of member States and new proposals submitted by the Special Rapporteur in the light of those comments.
    • Third report of the Special Rapporteur, Jaroslav Žourek (13th session of the ILC (1961))

Reports of the Drafting Committee

None

Comments by Governments

  • 13th session of the International Law Commission (1961)
    • Comments by Governments on the Draft Articles concerning consular intercourse and immunities adopted by the International Law Commission at its twelfth session in 1960

Other

  • 11th session of the International Law Commission (1959)
    • Proposals and comments submitted by Mr. Alfred Verdross regarding the draft provisional articles on consular intercourse and immunities
    • Proposals and comments submitted by Mr. Georges Scelle regarding the draft provisional articles on consular intercourse and immunities
  • 12th session of the International Law Commission (1960)
    • Provisional draft articles submitted by Jaroslav Žourek, Special Rapporteur

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its seventh session, 2 May to 8 July 1955
    • The Commission appointed Mr. Jaroslav Žourek as Special Rapporteur on "consular intercourse and immunities".
    • Discussion in plenary: 327th and 330th meetings (5 and 8 July 1955)
  • Report of the International Law Commission on the work of its eighth session, 23 April to 4 July 1956
    • The Commission considered a number of questions submitted in a paper by the Special Rapporteur with a view to obtaining the opinion of members thereon for his guidance in the preparation of his report for the next session. The Special Rapporteur was requested to continue his work in the light of the debate.
    • Discussion in plenary: 373rd and 374th meetings (22 and 25 June 1956)
  • Report of the International Law Commission on the work of its ninth session, 23 April to 28 June 1957
    • Due to time constraints the Commission was unable to discuss the report of the Special Rapporteur.
  • Report of the International Law Commission on the work of its tenth session, 28 April to 4 July 1958
    • Towards the end of the session, the Commission began discussion of the report on this subject submitted by the Special Rapporteur, at the previous session. After an exposé by the Special Rapporteur, and a general exchange of views on the subject as a whole, and also on the first article, the Commission deferred further consideration of the report until the next session.
    • Discussion in plenary: 468th, 469th and 470th meetings (20 to 24 June 1958)
  • Report of the International Law Commission on the work of its eleventh session, 20 April to 26 June 1959
    • The Commission examined articles 1 to 17 on the basis of the report of the Special Rapporteur, and submitted articles 1 to 19, with commentaries, to the General Assembly and to the Governments of Member States for information.
    • Discussion in Plenary: 496th, 497th, 498th and 499th meetings (19 to 22 May 1959), 505th, 506th, 507th, 508th, 509th, 510th and 511th meetings (1 to 9 June 1959), 513th and 514th meetings (11 and 12 June 1959), 516th, 517th and 518th meetings (16 to 18 June 1959), and 523rd, 524th and 525th meetings (25 to 26 June 1959)
  • Report of the International Law Commission on the work of its twelfth session, 25 April to 1 July 1960

General Assembly Action

None

Final Outcome

International Law Commission (13th session, 1961)

  • Recommended that the General Assembly convene an international conference of plenipotentiaries to study the Commission's draft on consular relations and conclude one or more conventions on the subject.

General Assembly

  • Resolution 1685 (XVI) of 18 December 1961
    • Decided to convene an international conference of plenipotentiaries to consider the question of consular relations and to embody the results of its work in an international convention and such other instruments as it may deem appropriate.1
  • Resolution 1813 (XVII) of 18 December 1962
    • Requested the Secretary-General to transmit to the conference of plenipotentiaries the summary records and documentation relating to the consideration of this item at the Assembly’s seventeenth session, and invited States intending to participate in the conference to submit to the Secretary-General as soon as possible, for circulation to Governments, any amendment to the draft articles which they might wish to propose in advance of the conference.
 

1 The United Nations Conference on Consular Relations met in Vienna from 4 March to 22 April 1963. It adopted the Vienna Convention on Consular Relations as well as Optional Protocols on the acquisition of Nationality and on the Compulsory Settlement of Disputes.