Right of Legation, by whom be exceptions to this rule. Thus, according to the Peace Treaty of Kainardgi of 1774 between Russia and Turkey, the two half sovereign principalities of Moldavia and Wallachia had the right of sending chargés d'affaires to foreign Powers. Thus, further, before the Boer War, the South African Republic, which was, in the opinion of Great Britain, a State under British suzerainty, used to keep permanent diplomatic envoys in several foreign States. (2) Part sovereign member-States of a Federal State may, or may not, have the right of legation as well as the Federal State. It is the constitution of the Federal State which regulates this point. Thus, the memberStates of Switzerland and of the United States of America have no right of legation, but those of the German Empire before the World War certainly had. Bavaria, for example, used to send and receive several diplomatic envoys. § 362. As, according to International Law, a State is represented in its international relations by its head, exercised. its right of legation is exercised through him. But just as Municipal Law designates the person who is the head of the State, so it may impose certain conditions and restrictions upon him as regards the exercise of this right. And the head himself may, provided that it is sanctioned by the Municipal Law of his State, delegate 1 the exercise of this right to any representative he chooses. It may, however, in consequence of revolutionary movements, be doubtful who is the real head of a State, and in such cases it remains in the discretion of foreign States to make their choice. But it is impossible for foreign States to receive diplomatic envoys from both claimants to the headship of the same State, or to send 1 See Phillimore, ii. §§ 126-129, where several interesting cases of such delegation are discussed. 1 diplomatic envoys to both of them. And as soon as a State has recognised the head of a State who came into his position through a revolution, it can no longer keep up diplomatic relations with the former head. It should be mentioned that a revolutionary party which is recognised as a belligerent Power has nevertheless no right of legation, although foreign States may negotiate with it in an informal way through political agents without diplomatic character, to provide for the temporary security of the persons and property of their subjects within the territory under the actual sway of such a party. A revolutionary party which is recognised as a belligerent Power is, in some points only, treated as though it were a subject of International Law; but it is not a State, and there is no reason why International Law should give it the right to send and receive diplomatic envoys. It should further be mentioned that neither an abdicated, nor a deposed, head has a right to send or receive diplomatic envoys.1 III KINDS AND CLASSES OF DIPLOMATIC ENVOYS Vattel, iv. §§ 69-75-Phillimore, ii. §§ 211-226-Twiss, i. §§ 204-209-Hershey, monial § 363. Two different kinds of diplomatic envoys are Envoys to be distinguished-namely, such as are sent for poli- Ceretical negotiations, and such as are,sent for the of ceremonial function or notification of changes in the purpose ambassador of Mary Queen of Scots, and Political. the Ambassadors, have not the privilege of treating with the head of the State personally, and cannot at all times ask for an audience with him. But otherwise there is no difference between these two classes, except that Ministers Plenipotentiary receive the title of Excellency,' by courtesy only, and not by right. Ministers § 367. The third class, the Ministers Resident, enjoy Resident. fewer honours, and rank below the Ministers Plenipotentiary. But beyond the fact that Ministers Resident do not enjoy the title 'Excellency,' even by courtesy, there is no difference between them and the Ministers Plenipotentiary. Chargés d'Affaires. The Diplomatic Corps. § 368. The fourth class, the Chargés d'Affaires, differs chiefly in one point from the first, second, and third class-namely, in that they are accredited from Foreign Office to Foreign Office, whereas the other classes are accredited from head of State to head of State. Chargés d'Affaires do not enjoy, therefore, so many honours as other diplomatic envoys. A distinction ought to be made between a Chargé d'Affaires who is the head of a legation, and who, therefore, is accredited from Foreign Office to Foreign Office, and a Chargé d'Affaires ad interim. The latter is a member of a legation whom the head of the legation delegates for the purpose of taking his place during absence on leave. Such Chargé d'Affaires ad interim, who had better be called a Chargé des Affaires,1 ranks below the ordinary Chargé d'Affaires; he is not accredited from Foreign Office to Foreign Office, but is simply a delegate of the absent head of the legation. § 369. All the diplomatic envoys accredited to the same State form, according to a diplomatic usage, a body which is styled the 'Diplomatic Corps.' The head of this body, the so-called 'Doyen,' is the Papal Nuncio, or, in case there is no Nuncio accredited, the 1 See Rivier, i. pp. 451-452. oldest Ambassador, or, failing Ambassadors, the oldest Minister Plenipotentiary, and so on. As the Diplomatic Corps is not a body legally constituted, it performs no legal functions, but it is nevertheless of great importance, as it watches over the privileges and honours due to diplomatic envoys. IV APPOINTMENT OF DIPLOMATIC ENVOYS Vattel, iv. § 76-77-Phillimore, ii. §§ 227-231-Twiss, i. §§ 212-214- and Quali § 370. International Law has no rules as regards the Person qualification of the individuals whom a State can appoint fication of as diplomatic envoys, States being naturally competent the Envoy. to act according to discretion, although of course there are many qualifications a diplomatic envoy must possess to fill his office successfully. The Municipal Laws of many States comprise, therefore, many details as regards the knowledge and training which a candidate for a permanent diplomatic post must possess, whereas, regarding envoys ceremonial, even the Municipal Laws have no provisions at all. The question is sometimes discussed whether females 1 might be appointed envoys. History relates a few cases of female diplomatists. Thus, for example, Louis XIV. of France accredited in 1646 Madame de Guébriant ambassador to the court of Poland. During the last two centuries, however, no such case has to my knowledge occurred, although I doubt not that International Law does not prevent a 1 See Miruss, Das europäische Gesandtschaftsrecht, i. §§ 127-128; Embassies and Foreign Courts (Anon.), pp. 102-109; Phillimore, 1 ii. § 134; and Focherini, Le Signore the Ambassadors, have not the privilege of treating with the head of the State personally, and cannot at all times ask for an audience with him. But otherwise there is no difference between these two classes, except that Ministers Plenipotentiary receive the title of Excellency,' by courtesy only, and not by right. Ministers § 367. The third class, the Ministers Resident, enjoy Resident. fewer honours, and rank below the Ministers Plenipotentiary. But beyond the fact that Ministers Resident do not enjoy the title Excellency,' even by courtesy, there is no difference between them and the Ministers Plenipotentiary. Chargés d'Affaires. The Diplomatic Corps. § 368. The fourth class, the Chargés d'Affaires, differs chiefly in one point from the first, second, and third class-namely, in that they are accredited from Foreign Office to Foreign Office, whereas the other classes are accredited from head of State to head of State. Chargés d'Affaires do not enjoy, therefore, so many honours as other diplomatic envoys. A distinction ought to be made between a Chargé d'Affaires who is the head of a legation, and who, therefore, is accredited from Foreign Office to Foreign Office, and a Chargé d'Affaires ad interim. The latter is a member of a legation whom the head of the legation delegates for the purpose of taking his place during absence on leave. Such Chargé d'Affaires ad interim, who had better be called a Chargé des Affaires,1 ranks below the ordinary Chargé d'Affaires; he is not accredited from Foreign Office to Foreign Office, but is simply a delegate of the absent head of the legation. § 369. All the diplomatic envoys accredited to the same State form, according to a diplomatic usage, a body which is styled the 'Diplomatic Corps.' The head of this body, the so-called 'Doyen,' is the Papal Nuncio, or, in case there is no Nuncio accredited, the 1 See Rivier, i. pp. 451-452. |