2017 Political Law, Q5

(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%)

Quick check

What does the active right of legation authorize a sovereign state to do?

Which rule governs the establishment of diplomatic and consular relations between sovereign states?

Can a foreign government compel the Philippines to establish a consular post in its territory?

Which international convention codifies the rule that consular relations are established by mutual consent?

What is the primary function of a consular post established by a sending state?

Learn more about these topics

1. Right Of Legation
The right of legation, or diplomatic representation, is the right of a sovereign state to send diplomatic envoys to other states (active legation) and to receive diplomatic representatives from them (passive legation). Under customary international law and the Vienna Convention on Diplomatic Relations, states possess this right as an aspect of their sovereignty. However, the right of legation is not an absolute obligation. No state is legally bound to establish diplomatic or consular relations with another, nor is any state obliged to accept foreign diplomatic missions without its prior consent.

2. Consensual Nature
The establishment of diplomatic and consular relations between sovereign states takes place by mutual consent. Under Article 2 of the Vienna Convention on Diplomatic Relations and Article 2 of the Vienna Convention on Consular Relations, no state can compel another state to establish a foreign mission, embassy, or consulate on its territory. Because diplomatic and consular representation requires bilateral agreement, a host state cannot unilaterally demand or force a sending state to set up a consular post, even if intended to cater to the host state's resident migrant population.

3. Consular Function Limits
Consular functions include protecting the interests of the sending state and its nationals in the receiving state, promoting commercial relations, and issuing passports and visas. While sending states routinely establish consular offices abroad to protect their citizens, the decision to open a consular post in a specific geographical location remains an exclusive sovereign prerogative of the sending state, subject always to the receiving state's consent. Consequently, a receiving state cannot insist on or dictate the opening of a consulate within its territorial borders.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026