Exequatur

An exequatur is a legal document issued by a sovereign authority that permits the exercise or enforcement of a right within the jurisdiction of the authority. The word is a form of the Latin verb "exequi", which denotes "let it be executed".

FrenchConsulExequatur1938
An exequatur signed by USA President Franklin D. Roosevelt for French Consul Charles de Ferry de Fontnouvelle in 1938

International relations

An exequatur is a patent which a head of state issues to a foreign consul, guaranteeing the consul's rights and privileges of office and ensuring recognition in the state to which the consul is appointed to exercise such powers. If a consul is not appointed by commission, the consul receives no exequatur; the government will usually provide some other means to recognize the consul. The exequatur may be withdrawn, but in practice, where a consul is obnoxious, an opportunity is afforded to his government to recall him.

Catholic Canon law

An exequatur is a legal instrument issued by secular authorities in Roman Catholic nations to guarantee the legal force of Papal doctrines within the jurisdiction of the secular authority. This custom began during the Western Schism, when the legitimately elected Supreme Pontiff permitted secular leaders to verify the authenticity of Papal decrees before enforcing them.

Some dissidents in the Church claim, however, that the custom arose as an implication of the nature of secular authority over the Church and that such a state privilege to verify Papal doctrine was exercised since the early days of the Church. However, Church doctrine denies that any permission from secular authority is necessary for Papal decrees to be legally effective, even though secular authorities sometimes do not enforce them.[1]

Other uses

In Brazilian, French, Luxembourg, Italian, Mexican, and Spanish law, an exequatur is a judgment of a tribunal (in the case of Italy, the Court of Appeal) that a decision issued by a foreign tribunal is to be executed in the jurisdiction of the former, thereby granting authority to the decision of the foreign tribunal as if it issued from the native tribunal.

In Puerto Rico, an exequatur is a document that validates a court order of a United States civil court as if a court of the Commonwealth of Puerto Rico issued it.[2]

References

  1. ^ "Exequatur". Catholic Encyclopedia. Retrieved 2007-02-18.
  2. ^ Madre boricua clama por ayuda para recuperar a su hijo: El padre del menor amenaza con que no devolverá el pequeño que se encuentra en Nuevo México. Diferentes entidades gubernamentales se pasan mutuamente la responsabilidad. Jessica Ríos Viner. El Nuevo Dia. 8 August 2014. Retrieved 8 August 2014.

 This article incorporates text from a publication now in the public domainChisholm, Hugh, ed. (1911). "Exequatur" . Encyclopædia Britannica. 10 (11th ed.). Cambridge University Press. p. 65.

Chargé de mission

Chargé de Mission (Fr. for "in charge of mission"), the title of a class of diplomatic envoy. This type of post is created by an Embassy to undertake a specific diplomatic project abroad on behalf of a Head of Mission or Government. Most often, the project is economic or humanitarian in nature.

Consular commission

A Consular Commission is a document that a government issues to nominate an honorary consul in a different country. The consular commission is usually issued by the Ministry of Foreign Affairs (or comparable department) of the state nominating the consul. Based on the nomination, the receiving state may or may not issue an exequatur - accepting the consul.

According to the Vienna Convention on Consular Relations: "Consular Commission certifies a consul's capacity and showing, as a general rule, his full name, his category and class, the consular district and the seat of the consular post. The sending State shall transmit the commission or similar instrument through the diplomatic or other appropriate channel to the Government of the State in whose territory the head of a consular post is to exercise his functions. If the receiving State agrees, the sending State may, instead of a

commission or similar instrument, send to the receiving State a notification containing the particulars" of the person nominated.

Consular corps

Consular corps (from French: Corps consulaire and commonly abbreviated CC) is a concept analogous to diplomatic corps, but concerning the staff, estates and work of a consulate.

"While ambassadors and diplomatic staff are devoted to bettering all categories of the bilateral relationship with the host country, the consular corps is in charge of looking after their own foreign nationals in the host country."

Defence diplomacy

In international politics, defence diplomacy refers to the pursuit of foreign policy objectives through the peaceful employment of defence resources and capabilities.

Diplomatic cable

A diplomatic cable, also known as a diplomatic telegram or embassy cable, is a confidential text message exchanged between a diplomatic mission, like an embassy or a consulate, and the foreign ministry of its parent country. A diplomatic cable is a type of dispatch. Other dispatches may be sent as physical documents in a diplomatic bag.

The term cable derives from the time when the medium for such communications was international submarine communications cables. The term cablegram is also sometimes used. Due to the importance and sensitive nature of the subject matter, diplomatic cables are protected by the most elaborate security precautions to prevent unfettered access by the public, and unauthorized interception by foreign governments. They are always encrypted, frequently by unbreakable one time pad ciphers using key material distributed using diplomatic couriers.

Diplomatic courier

A diplomatic courier is an official who transports diplomatic bags as sanctioned under the 1961 Vienna Convention on Diplomatic Relations. Couriers are granted diplomatic immunity and are thereby protected by the receiving state from arrest and detention when performing their work. Couriers may be assigned on an ad hoc basis, but in those cases they are released from immunity once their bags have been delivered. All couriers are provided documentation that reports their status as couriers and the number of packages currently being transported in the diplomatic bag. Diplomatic bags may be transported under the authority of commercial airline captains, but they are not diplomatic couriers.

Diplomatic service

Diplomatic service is the body of diplomats and foreign policy officers maintained by the government of a country to communicate with the governments of other countries. Diplomatic personnel enjoy diplomatic immunity when they are accredited to other countries. Diplomatic services are often part of the larger civil service and sometimes a constituent part of the foreign ministry.

Some intergovernmental organizations, such as the European Union, and some international non-state organizations, such as the Sovereign Military Order of Malta, may also retain diplomatic services in other jurisdictions. For non-state organizations, the reciprocation of diplomatic recognition by other jurisdictions is difficult, as diplomacy tends to establish the concept of recognition upon an assumed sovereignty over geographical territory; the SMOM, in this case, receives diplomats at its headquarters in Rome, as all permanent missions to the SMOM are jointly accredited as permanent missions to the Holy See. In relation, many more non-state international organizations, such as the IFRC/ICRC, maintain permanent non-voting observer status to intergovernmental bodies such as the United Nations General Assembly, appointing individual representatives to the observer office.

Dual accreditation

Dual accreditation is the practice in diplomacy of a country granting two separate responsibilities to a single diplomat. One prominent form of dual accreditation is for a diplomat to serve as the ambassador to two countries concurrently. For example, Luxembourg's Ambassador to the United States is also the non-resident Ambassador to Canada and the non-resident Ambassador to Mexico.

Such an Ambassador may sometimes be called Ambassador-at-Large.

Elmar Weindel

Elmar Weindel is a retired German Ambassador.

In 1960 he entered the Foreign Service.

From 1963 to 1967 he was employed in Lisbon.

From 1968 to 1975 he was employed in Tehran.

From July 21, 1976 to 1981 he was ambassador in Maputo.

From 1982 to 1983 he was Ambassador to Abu Dhabi.

From 1984 to 1990 he was employed at the Facility management of the Federal Foreign Office.

In mid August 1987 he led a delegation to the Rruga Skënderbeg to establish the West German embassy in Tirana.

From 1991 to 1994 he had Exequatur as Consul General in San Francisco.

In 1994 he was retired.

Ernst Raven

Ernst or Ernest Raven (1804–1881) was an immigrant from Germany who became a prominent resident of Texas; he served as consul for the German Duchy of Saxe-Coburg-Gotha in the Republic of Texas and the state for many years.

He was bookbinder to the Duke before moving to Baltimore, Maryland in 1838. Raven moved to what was then the Republic of Texas in 1844 and settled in Milam County. In 1846 he was one of the signers of a petition to the Governor of Texas for the relocation of trading posts with the Indian tribes.[2] He relocated permanently to Austin, Texas in 1848, where he resumed bookbinding and served as a city alderman. In 1853 Raven was hired for contract work on furniture in the Texas State Senate chamber.[3] Raven was mentioned in Frederick Law Olmsted's 1857 account of his journey through Texas. At the time of Olmsted's visit to Austin, Raven was offering a $100 reward for return of a stolen horse.[4]

Back when Texas was an independent republic, Ernst II, Duke of Saxe-Coburg and Gotha had appointed Raven to the position of consul for Texas. He continued that role when Texas joined the United States in 1845. He was reappointed to Texas in February 1861, when Texas was again an independent country and before it joined the Confederacy. The Duke never appointed him to the Confederacy itself. Confederate Secretary of State Judah Benjamin reported to the Confederate Congress, on September 22, 1862 that Raven was the only consul to request permission to act from the Richmond Government:

The one agent who is excepted from these remarks is Ernst Raven esq., who was appointed consul for the State of Texas by his highness the Duke of Saxe-Coburg and Gotha, and who applied to this Government for an exequatur on 30 July 1861

Raven's appointment assigned him to Austin, Texas.

European Enforcement Order

The European Enforcement Order (EEO) is a method of enforcing foreign judgments within the European Union without the need of any intermediate proceedings, such as exequatur. The procedure was established by Council Regulation (EC) 805/2004 of 21 April 2004 and came into force on 21 October 2005.

European small claims procedure

The European Small Claims Procedure (ESCP) is a small claims procedure which took effect on 1 January 2009 across the European Union (except Denmark) for dealing with cross-border claims under the Brussels Regime up to a value of €5,000.Small claims procedures provide a middle ground between formal litigation and ADR, where disputes involving small value claims can be resolved in courts faster, cheaply, and less formally. The main limitation of small claims procedures is that they are restricted to particular jurisdictions. To overcome this limitation the European Commission produced a regulation for a European Small Claims Procedure (ESCP).The ESCP is predominantly a written procedure that deals with claims under €5,000 arising in cross-border disputes. Its main advantage is that it provides for the enforcement of decisions in any of the member states without the present need to go through the formal mutual recognition of judgements (exequatur).

Gordon Noel Parkinson

Gordon Noel Parkinson is a retired diplomat of New Zealand.

In 1956 he joined Ministry of Foreign Affairs and Trade (New Zealand), Wellington.

In 1957 he was Vice-Consul, San Francisco.

From 1960 to 1962 he was political officer in the department Asian, Defence fields in the Ministry of Foreign Affairs and Trade (New Zealand).

From 1962 to 1964 he was 2nd Secretary in the mission in Singapore.

From 1964 to 1968 he had a secondment to the Ministry of Defence (New Zealand).

From 1968 to 1971 he had Exequatur as Consul-Geneneral en Bangkok and was New Zealands charge d' affaires and Acting SEATO Council representative.

From 1971 to 1972 he was head of the division responsible for Europe, Americas, C'wealth affairs in the Ministry of Foreign Affairs and Trade (New Zealand).

From 1972 to 1974 he was head of the administration of the Ministry of Foreign Affairs and Trade (New Zealand).

From 1974 to 1974 he was minister of the embassy in Paris.

From 1978 to 1980 he was ambassador in Lima (Peru) with acredition in Bogota (Colombia) and La Paz (Ecuador).

From 1980 to 1982 he was head of the Middle East, African Division in the Ministry of Foreign Affairs and Trade (New Zealand).

In 1982 he was Visiting Fellow of the Victoria University of Wellington.

From 1983 to 1986 he was ambassador in Rome (Italy) with acredition in Riyadh (Saudi Arabia), Cairo (Egypt) and Belgrade (Yugoslavia).

From 1986 to 1990 he was ambassador in Jakarta (Indonesia) .

In 1990 he was director of the Americas Division in the Ministry of Foreign Affairs and Trade (New Zealand).

Helgi Pálson Briem

Helgi Pálson Briem was an Icelandic diplomat.

In 1929 he was Director of Taxation.

From 1930 to 1932 he was Managing Director of the Fishery Bank of Iceland.

In 1932 he was Government Commercial Delegate.

In 1935 he was Commercial Attache in Madrid.

In 1937 he was Commercial Attache in Berlin.

In 1940 he was Commercial Attache in Lisbon.

From 1942 to 1948 he had Exequatur as Consul-General for New York City.

From 1948 to 1950 he was Chargé d'affaires in Stockholm.

From December 28, 1950 to July 1, 1955 he was Ambassador in Stockholm with coacdredition 30 January 1951 to 11 September 1953 in Moscow 17 January 1951 to 1 July 1955 in Oslo and 29 April 1953 to 28 December 1960 in Belgrade.

From July 1, 1955 to January 1, 1961 he was Ambassador in Bonn, on February 26, 1957 he was coaccreditated in Bern.

Jurisdictionalism

Jurisdictionalism is a political maneuver intended to extend the State's jurisdiction and control over the life and organization of the Church, namely the parallel legal structure consisting of ecclesiastical rights and privileges.

Specifically, it can be defined as a current of thought and a political attitude aiming to affirm the authority of the laical jurisdiction over the ecclesiastical one. Fundamental tools of jurisdictionalism (also called regalism) were the placet and the exequatur, by which the State allowed or denied the publishing and implementation of orders from the Pope or other national ecclesiastical authorities, and the nomina ai benefici (“nomination to benefits”), to control the appointment of ecclesiastical charges.

Besides these instruments of control, jurisdictionalism also implied the State's direct intervention on ecclesiastical matters such as the age and motives of people wishing to become monks, the usefulness of convents and contemplative religious orders (which were largely abolished), the number of religious festivities, the clergy's privileges and immunities, and the formation of priests.

Parley

Parley is a discussion or conference, especially one between enemies over terms of a truce or other matters. The word is derived from French parler, "to speak".

During the 18th and 19th centuries, attacking an enemy during a parley was considered one of the grossest breaches of the rules of war. The British Army was accused of multiple parley violations during the American Revolutionary War, specifically arresting Continental Army officers engaged in negotiations as traitors in addition to hanging uniformed despatch riders as spies.

Preventive diplomacy

Preventive diplomacy is action to prevent disputes from arising between parties, to prevent existing disputes from escalating into conflicts and to limit the spread of the latter when they occur.Since the end of the Cold War the international community through international institutions has been focusing on preventive diplomacy. As the United Nations and regional organizations as well as global and regional powers discovered the high costs of managing conflict, there is a strong common perception of benevolence of preventive diplomacy. Preventive diplomacy actions can be implemented by the UN, regional organizations, NGO networks and individual states. One of the examples of preventive diplomacy is the UN peacekeeping mission in Macedonia (UNPREDEP) in 1995–1999. It was the first UN preventive action.

Preventive measures include: conflict early warning, fact-finding, confidence-building measures, early deployment, humanitarian assistance, and demilitarized zones.

Trade commissioner

For the European Union post, see European Commissioner for TradeTrade commissioner is the title of a government official whose primary duties are to promote international trade agreements and export trade programs on behalf of a national or regional government authority. Such envoys are normally posted abroad, often being permanently resident in the country or region to which they have been assigned, but in some cases are locally engaged employees. If assigned by an authority or organization lacking sovereignty, or if a local employee, a trade commissioner may not enjoy diplomatic status. The title Trade Commissioner is also used by some international organizations for the senior official responsible for trade.

Yu Hongyang

Yu Hongyang is a Chinese ambassador.

From 1981 to 1986 he was employed in Tehran.

From 1986 to 1990 he was employed in the Department of West Asia and North Africa Affairs of the Ministry of Foreign Affairs of the People's Republic of China.

From 1990 to 1994 he was Third Secretary, Second Secretary of the Embassy in Tehran.

From 1994 to 1998 he was First Secretary, Director, Department of West Asia and North Africa Affairs of the Ministry of Foreign Affairs of the People's Republic of China.

From 1998 to 2001 he was Counsellor of the embassy in Tehran.

From 2001 to 2002 he was Counsellor, Department of West Asia and North Africa Affairs of the Ministry of Foreign Affairs of the People's Republic of China.

From 2002 to 2003 he was Visiting Scholar of the Diplomatic Research Institute of Georgetown University.

From 2003 to 2006 he had Exequatur as Consul General in Istanbul.

From 2006 to 2007 he was Counsellor at the Department of West Asia and North Africa Affairs of the Ministry of Foreign Affairs of the People's Republic of China.

From 2007 to 2008 he was Deputy Director-General, Department of West Asia and North Africa Affairs of the Ministry of Foreign Affairs of the People's Republic of China.

From October 2008 to July 2010 he was ambassador to Amman (Jordan).

From July 2010 to May 2014 he was ambassador to Tehran (Iran).

Since July 2014 he is ambassador in Ankara (Turkey).

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