1 Some footnotes omitted. Those retained have their original number.

3 Because of the date of this Note it was, of course, not submitted to the courts below.

6 This sentence reads: “German jurisdiction does not extend to the Chief and members of the diplomatic missions accredited to the German Federal Republic.“

14 The dispository portions of this statute were subsequently enacted in America, and are still in force there today.

15 When Chief Justice; in Magdalena Steam Navigation Co. v. Martin, 2 Ellis & Ellis, 94, 115.

16 Also the United Kingdom and the United States: 53 A.J.I.L., at page 253.

18 53 A.J.I.L., at page 266.

31 Y.I.L.C., Volume I, page 205, paragraph 31.

32 That is, in accordance with the theory of functional necessity.

33 T.I.L.C., Volume I, page 206, paragraph 36.

37 We have not overlooked the stated Japanese intention to use these premises for consular purposes also. However, such use, while entitled to a high degree of protection and of respect, is not the legal equivalent of use for diplomatic purposes, and consequently consular use would not create privileges as extensive as those which would ensue from diplomatic use. We may, therefore, neglect the lesser, and consider only the greater privilege.

38 Even where there is present possession, intention to use is of no legal significance unless it is immediately prior to actual use, and during the preparatory period when such premises are being furnished and equipped for actual use in the very near future.