20FFFF-1990 16:33
BRI113A E::DH991
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in this case, the request for extradition dated 31st May 1990 was made through a nota amanating from the British "Embassy"; it is not ever a note verbale because it bears a signature but that signature is not identified or identifiable. Une canno: say that it is deemed to be that of the Ambassador or a diplomatic
agent.
The Embassy cannot be equivaleni iç ile Ambassador.
One will recull, in this respect, that classic international law acknowledges the right of legation of the Sovereign States which has two aspects, active legation, which is the right to send diplomatic representatives to foreign States, and passive legation, which is the right to receive the diplomatic
representatives of foreign powers.
There is no obligation of passive legation, í.e. a State is never obliged to demand that another sovereign State shouid acknowledge its representatives; the establishment of diplomatic relations between States and the sending of permanent diplomatic missions is made by mutual consent (Article 2 of the Vienna
Convention of 18 April 1961).
The permanent diplomatic mission (embassy or legation) is a public service of the accrediting State which exercises its right of active legation, located permanently on the territory of the State of accreditation which exercises its right of passive le gation (N’guyen Quoc - Daillier et Pellet, International Public Law,
3rd Edition no. 468).
The head of mission can only take up his position with the prior agreement of the foreign government, that is with its approval. The Hovonne Convention of 1928 already provided that:
"No state can accredit its diplomatic agents with other states without their prior approval."