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Question 5

V.

(Question V, Political Law, 2017 Bar Exam)

(a) What is the right of legation, and how is it undertaken between states? Explain your answer. (2%)

(b) Under this right, may a country like Malaysia insist that the Philippines establishes a consulate in Sabah to look after the welfare of the Filipino migrants in the area? Explain your answer. (2%)

Suggested Answer:

(a) The right of legation refers to a State’s right to send a diplomatic mission to a foreign State. It is usually done through the establishment of diplomatic relations and/or permanent diplomatic relations as provided for in the 1961 Vienna Convention on Diplomatic Relations.

(b) Yes, if both States give their mutual consent. Under the 1961 Vienna Convention on Diplomatic Relations, the establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent.

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