Satow's Diplomatic Practice (6th Edition)
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Consular Protection and Diplomatic Protection Consular Protection and Diplomatic Protection
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General Aspects of Protection General Aspects of Protection
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Group Protection Group Protection
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Notification to Consul of Arrest or Detention Notification to Consul of Arrest or Detention
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Consular Access Consular Access
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20 Consular Access and Protection
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Published:24 September 2009
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20.1 As emphasized in Chapter 19, paragraph 19.6 above, protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, is the first and most important of consular functions. For many States there has in recent years been enormous growth in the demand for consular protection as businesses increasingly set up subsidiaries and branches overseas and individuals travel abroad as migrant workers, providers, and consumers of services, as students, as tourists, and as refugees. National laws vary greatly not only on such obvious matters as dress and the public consumption of alcohol but also on driving and road safety, photography of sites of cultural or security interest, and entitlement to social benefits and to police protection. In consequence it is easy for the unwary traveller to contravene local laws and to be arrested and detained in police custody without knowledge even of the language, far less of how to secure the services of an interpreter or competent legal representation. In August 2008, figures released by the UK Foreign and Commonwealth Office revealed that in the year ending March 2007, 2,032 British nationals—a 33 per cent increase on the previous year—were arrested in Spain, and that this was due not only to growth in the number of tourists, residents, and travelling supporters of British football teams, but to the fact that failure by a driver to carry his driving licence had become an arrestable offence there.1
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