Diplomacy

Definition. Functions. Bilateral. Multilateral.

Diplomacy

• The application of intelligence and tact to the conduct of relations between the governments of independent states.

• The process of conducting communications among states through officially recognized representatives.

• This communication is continuous, maintained by foreign ministers and diplomats.

• The most important tool of foreign policy.

Newer Trends in Diplomacy

• Although traditionally diplomacy was states’ concerns, there are newer trends:

1. Diplomacy conducted by non-state actors.

2. The shift of importance from bilateral towards multilateral diplomacy.

The Origin of Diplomacy

• Associated with the existence of states, esp., Greek and Athenian city-states.

• Earlier, diplomats present their case in large legislative assemblies.

• Then, permanent mission was introduced in the 15th Century.

• The first attempt to recognize a shared definition of diplomacy was made in the Treaty of Vienna 1815.

Sources of Diplomatic Law

• International customs

• The Vienna Convention on Diplomatic Relations 1961.

Functions of Diplomacy

1. Representing state’s interests.

– Diplomats as spokesperson, channel of communication.

2. Symbolic representation.

– Ambassador represents the Head of State in the host state.

– Ambassador is also the personification of his/her country.

Functions of Diplomacy

3. Obtaining/reporting Information.

– Information about the host state.

– Role of attache.

4. Policymaking

– Ambassadors became policy-makers usually in multilateral conferences where decisions are to be reached at the end of the conference.

Functions of Diplomacy

5. Consular services: promoting and protecting the interests of nationals.

• The role of consuls:

1. Promotion of trade.

2. Help troubled nationals.

3. Passports/visas

4. Wedding/birth, etc.

Legal Aspects of Diplomacy

1. Diplomatic immunity and privileges. 1. Immunities: • Personal inviolability • Inviolability of residence and property • Immunity from jurisdiction

2. Exemptions from: • Taxation. • Customs and baggage search. • Social security obligations. • Personal and public services.

Legal Aspects of Diplomacy

2. Persona non grata: A diplomatic person unacceptable to a host state. State can declare a diplomat persona non grata without giving any reason.

3. Extraterritoriality: Embassy premise and diplomats’ residents are considered the territory of the home state. the host state does not have any jurisdiction over these premises.

Legal Aspects of Diplomacy

4. Asylum: Protection from arrest or extradition given to a local political refugee by an embassy. Consideration: whether the wanted is really a criminal or political refugee.

5. Protocol: The proper conduct and procedures involved in diplomacy. One controversial and sensitive issueprecedence.

Multilateral Diplomacy

• Multilateral diplomacy: diplomatic relations that involve more than two states, dealing with one or more shared problems.

• Also known as conference diplomacy, it occurs at two levels: – IGOs: universal, regional.

– Issue-oriented conferences.

• Some multilateral conferences led to the signing of treaties, thus providing for legal framework.

Multilateral vs. Bilateral Diplomacy

Multilateral Diplomacy Bilateral Diplomacy

Standard-setting possible Only concerns two states

No face-saving

mechanism (loser would

be known)

Face-saving possible

(only the two know)

Successful if there are

consensus on issues and

solutions (i.e., difficult to

succeed)

Probability of success is

higher.