Vienna convention on consular relations : an analysis and its ramifications in Maltese law

Abstract

The aim and object of this thesis is to carry out an in-depth study on the institute of the Consular Convention. The thesis analyses the developments within this institution as from its very inception up to the modem day. The thesis continues by analysing the Vienna Convention on Consular Relations and comparing the salient features regarding privileges and immunities in a previous Convention dealing with Diplomatic Relations. The implications of this Convention are viewed with respect to the situation at Maltese law, following Malta's accession to this Convention in 1997. At present Consular Relations are governed by the Consular Conventions Act, Chapter 144 of the Laws of Malta which was enacted by Act XXXI of 1955 and which was last amended by Act I of 1966. This Act confers powers upon consular officers of foreign States with which consular conventions have been concluded. Yet, Malta is still to incorporate within its laws the Vienna Convention on Consular Relations, which would definitely give rise to major repercussions within the Maltese sphere of law. The reservations Malta has made with regards to this Convention also would need to be taken into account. Finally the thesis delves into the major cases which the International Court of Justice has dealt with, as regards the Vienna Convention on Consular Relations and the need to make sure that what was intended by the promoters of the Convention be abided with and if need be, be further clarified on.