Types Of Diplomacy Pdf
Posted By admin On 21/05/19Types Of Diplomacy Pdf We present the book qualified Types Of Diplomacy Pdf produced by Sebastian Muller Studio with cost-free reading online or complimentary downloading. Law and the practice of diplomacy Ian Hurd is associate professor in the department of political science at Northwestern University. In 2010-11 he was a fellow at the Niehaus Center for Globalization and Governance at the Woodrow Wilson School, Princeton University.
Diplomacyis one of the most essential tools of foreign policy and internationalrelations. Diplomacy is the art and practice of conducting relations betweenrepresentatives of states through accredited and officially recognizedinstruments or agents. In its true form, diplomacy is a form of contact orcommunication between two or more states with the sole aim of influencing,deterring, altering or reinforcing the views, actions, perceptions andbehaviour of others. Communication is very vital in diplomacy and this iscarried out through many ways and means. This may include press conferences,banquets, political rallies, round table conference, lectures and seminars andclosed door meetings between officials and delegates.
Theworld diplomat originated from the Greek word “diplum” which means a “message”that has to be taken from one independent city state to anther. The emergenceof diplomatic heads led to the establishment of diplomatic missions. Thecongress of Vienna, 1815 settled the disagreement in the diplomatic communityover the issue of recognition, protocols, privileges and precedence. The 1815congress among other things recognised the equality of Ambassadors. Thereforth, diplomats became more and more professionalized in the conduct ofinternational relations on a wide range of issues covering the areas of peacemaking, treaties and agreements, trade and economics, wars, politics,humanitarian issues and cultural matters. In both informal and social sensediplomacy involve to gain strategic advantage on one hand to find mutuallyacceptable solutions to common challenges facing states, on the other.
Stateshave many strategies and designs through which its facilitates its diplomaticactivities in order to achieve the expected results. These are referred to asinstruments of diplomacy. These instruments are many and varied and statesemploy them depending on their ability and resources in the internationalsystem. These instruments include political economic, military, psychologicaland information gathering/management.
Diplomacy have become so vital in modern internationalrelations that according to John Rourke, nations and states have developedvested interest in diplomacy as the hallmark of international harmony,understanding, co-operation and global peace and security. The role ofdiplomacy in the international system involves a large measure of systematicintuitiveness and creativity. This extent, diplomacy is not a game for nitwitsor the quermis. According to Alaba Ogunsanwo, a diplomat must possessextraordinary qualities to enable him succeed. A diplomatic must have a sharpmind, must be witty, knowledgeable, suave, urbane, intuitive and adaptable. Hemust have a sense of humour, ability to read and interpret data and reasonablecommunication skill.
Theprincipal function of the diplomat centres on negotiation, bargaining,lobbying, communication between governments and providing vital intelligence.However, the functions of the diplomat in the modern era have gone far beyondthese traditional demands. Diplomats perform a feed back function between thehome government and the host community. His duty also include the protection ofhis nationals and their property to ensure that they are not unduelydisadvantaged. Diplomats also represent their home government at courtceremonies, social gatherings and other occasions that demanded the presence oftheir home governments. Naturally, diplomats act as conveyors of peace. Whenrelations are strained, diplomats work round the clock to untie the knottyissues and provide reasonable avenue for contact. Diplomats also perform thisfunction for third parties when their home states are not directly involved inthe conflict.
Characteristics of a Diplomat
The origin of diplomacy has a long andchequered history. It is not an entirely modern development, could be tracedback to the Greek city states, the Roman empire, the Byzantine empire to theItalian empires of the renaissance. The first embassy was established in therenaissance Italy in the 13th century. Milan played a leading rolein establishing the root of modern diplomacy under Francesco Storza whoestablished permanent embassies to the other city states of northern Italy.Tuscany and Vanice also became flourishing centres of diplomacy from the 1300sonwards. In the Roman emires, Ambassadorial appointment and terms of diplomacywere formalised. After the collapse of the Roman Empire, the Byzantine empireadvanced to the extent of providing formal training for diplomats. It was inthe Italian peninsula that many of the traditions of modern diplomacy began totake shape such as the formal presentation of Ambassador Credentials to thehead of state.
FromItaly, the practice spread to other European regions. Milan was the firstsovereign to send a representative to France in 1455. Milan however refused tohost French representatives for fear of espionage and the feeling that theFrench representatives may interfere in its internal affairs. As foreign powerssuch as France and Spain became increasingly involved in Italian politics, theneed to accept emissaries and envoys was recognized. Summit meetings were alsointroduced as a form of diplomatic practice. Soon, the major European powersbegan to exchange representatives. Spain was the first to send a permanentrepresentative when it appointed an Ambassador to the court of England in 1487.By the late 16th century, permanent missions became customary inmost of Europe. The Holy Roman Emperor however did not regularly send permanentlegates as they could not represent the interests of all the German Princes(who were in theory subordinate to the Emperor but in practice eachindependent).
Duringthis period the rules of modern diplomacy were further developed. The top rankof representatives was the Ambassador. At the time, an Ambassador must be anAristocrat, and the rank of the noble was assigned varying with the prestige ofthe country he was delegated to. Strict standards were developed forAmbassadors requiring them to have large residence who lavished parties andplay an important role in the court life of their host nations.
Diplomacywas more complex affair then than it is now. The ambassador form each stateranked by complex levels of precedence and protocol which were often very muchin dispute. States were normally ranked by the title “Sovereign”. For theCatholic nations, envoys from the Vatican were paramount, followed by thoseform the kingdoms, then those form the duchies and principalities.Representatives form republics were rankedthe lowest. This was a source of serious umbrage to the leaders of the numerousGerman Scandinavian and Italian republics. Determining precedence between twokingdom depended on a number of factors that often fluctuated leading to constantsquabbling.
Ambassadorsand Nobles with little experience and no expectations of career in diplomacyhad to be supported by large embassy staff. These professional undertookserious diplomatic assignments since they were far more knowledgeable than the highranking officials about matters concerning the host country. Embassy staffwould comprise a wide range of personnel some of them dedicated to espionage.The need for skilled individuals to staff embassies was met by graduates fromuniversities and colleges creating a boost to the study of international lawand related maters through out Europe.
Theelements of modern diplomacy slowly spread to eastern Europe and Russia by theearly 18th century. The entire diplomatic structure was severelydisrupted by the French revolution and the subsequent years of warfare. Therevolution allowed for commoners to take over the diplomacy of the French stateand those conquered by the revolutionary armies. Ranks and precedence becameirrelevant. Napoleon also refused to acknowledge the principle of diplomaticimmunity and imprisoned several British diplomats whom he accused of plottingagainst France. After the fall of Napoleon, the congress of Vienna, 1815 tookfar reaching measures to establish an effective and enduring internationalsystem of diplomatic relations.
Diplomatic immunity is a sort of legalprotection which largely exempts the diplomatic mission and personnel form thejurisdiction of the host state. Diplomatic immunity is a legal protectivemeasure woven around the diplomatic persons and properties to shield them fromundue interference from the host country and its agent. The aim is to guaranteethe diplomats extensive privileges in the discharge of their responsibilitiesas long as such duties remain within an acceptable framework and the bounds ofinternational law. Diplomatic immunity draws its strength on the basis ofreciprocity because it is in the interest of every state to ensure theindependence and security of her diplomatic institutions by guaranteeing sameto others. This explains why the issue of diplomatic immunities has been one ofthe most successful and generally accepted aspects of international law.
Duringthe evolution stages of international justice, many wars were consideredrebellions or unlawful by one or more combatant side. In such cases, theservant of the criminal sovereign were often considered accomplices and theirpersons violated. In other circumstances harbingers of inconsiderable demandswere killed as a declaration of war. When Davies the Great, the king of Persiademanded “earth and water” from various cities, the Athenians threw themessengers into a pit while the Spartans threw than down a well stating thatthey would find both earth and water at the bottom. In 1538, king Francis I ofFrance threatened Edmund Banner, the British Ambassador to the French courtwith a hundred strokes of harberd as punishment for Banner’s “insolentbehaviour”.
Moderndiplomatic immunity evolved parallel to the development of modern diplomacy. Inthe 17th century, European diplomats realised that protection fromprosecution and other distractions was essential to the successful performanceof their duties. Thus, a set of rules were evolved aimed at guaranteeing therights and privileges of diplomats. These rights however were still confined towestern Europe and were closely tied to the prerogatives of nobility.
TheBritish parliament first guaranteed diplomatic immunity to foreign ambassadorsin 1709 after Count Andrey Mativeyer, a Russian resident in London had beensubjected to verbal and physical abuse by British bailiffs. Diplomats arereceived into the host country under safe conduct and violations of any type isnormally viewed as a great breach of honour, even though there have been cases,most of them accidental, where diplomats had been subjected to undignifiedtreatment or even killed.
Different Types Of Diplomacy
GenghinsKhan and the Mongols were known for strongly insisting on the rights ofdiplomats. Often, they would take extreme measures to punish any state or groupof that violated these rights. The Mongols have been known to raze entirecities to the ground in retaliation for the execution of their Ambassadors. InIslamic tradition, a messenger is not to be harmed even if coming from an enemyor bearing a high provocative and offensive message.
TheFrench revolution brought major set back to the growth of the diplomaticsystem. The revolutionary state under the leadership of Napoleon disputed thelegitimacy and usefulness of diplomatic rights and privileges. Napoleonimprisoned a number of diplomats whom he accused of working against France.
Diplomacy Book Pdf
Inthe 19th century, the congress of Vienna reasserted the rights ofdiplomats and laid the foundation for modern diplomatic immunities and privileges.The congress of Vienna, 1814-1815 dealt on issues such as the Frenchrevolution, the Napoleonic wars, the dissolution of the Holy Roman Empire. Theconference, which was attended by the Ambassadors of European states, dominatedby the big four – Britain, Russia, Prussia, Austria became a model for theLeague of Nations and later the UN. The foundations of diplomatic practicesestablished by the Congress of Vienna became largely accepted and respected farbeyond Europe, as the principle and model spread throughout the world.
Today,diplomatic immunity and other numerous issues concerning diplomatic relationsas a whole are governed internationally by the Vienna convention (1961) ondiplomatic relations. This convention has been ratified by almost every countryin the world. Originally, diplomatic privileges and immunities were granted ona bilateral and adhoc basis, which led to misunderstanding and conflict. Itbrought pressure on weaker states and an inability for other states to judgewhich party was at fault.
Manyprinciples of diplomatic immunity are now considered to be customary law.Diplomatic immunity as an institution developed to allow for the maintenance ofgovernment relations, including during periods of difficulty and even armedconflict. During the Second World War, diplomatic immunity was upheld and theembassies evacuated through neutral countries. In periods of hostility and war,it is practicable to accept that some persons were immuned to the law. However,they were still bound by strict requirements of honour and custom.
Inmodern times, diplomatic immunity continues to provide means to safeguarddiplomatic personnel from any animosity that might arise between nations. Theunderlying principles has been and will continue to be this “we depend on othercountries to honour our own diplomats immunity just as scrupulously as wehounour theirs”.
The Vienna convention, which came in force in 1964emphasises the functional necessity of diplomatic principles and immunities inachieving efficiency in the conduct of international relations. Theseimmunities also aim at underscoring the character and value of the diplomaticmission in representing its sovereign state. The Vienna convention is a set ofinternational agreement codified into rules to provide standards and privilegesto all states. Some of the privileges contained in the convention include thefollowing;
a.Thepremises of diplomatic mission are inviolate and agents of the host states arenot to enter them without permission.
b.Thehost state is under special obligation to protect the mission from intrusion,damage or assault to its dignity.
c.Theembassy car and other vehicles appropriately designated are inviolate. They areimmunet from search, requisition.
d.Thediplomatic ponch is inviolate – diplomatic bags and packages cannot be opened,searched or detained at ports of entry or departure. Care must be taken here tobalance between abuse and confidentiality.
e.Theperson of the diplomatic courier is inviolate. He cannot be subjected to anyform of arrest, detention or criminal prosecution in the exercise of hisfunction.
g.Thearchives and documents of the mission are inviolate at any time and whereverthey may be.
h.Theperson of the diplomatic agent is inviolable. He cannot be detained orarrested. This principle is the oldest established rule of diplomatic law andthe most fundamental. The host state is under an obligation to “take allappropriate steps” to prevent any attach on the person, freedom or dignity ofdiplomatic agents. In exceptional cases however, a diplomat may be arrested ordetained on the basis of self defence or in order to protect human life.
i.Theprivate residence of a diplomatic agent, his papers, correspondence andproperty are inviolate.
j.Diplomaticagents enjoy complete immunity from the legal system of the host state in thearea of criminal jurisdiction. The only course of action let to the host statein criminal maters is to declare the offending agent persona non grata. Theagent may be recalled and prosecuted by his home government or have hisimmunity stripped, paving way for prosecution by the host state.
k.Diplomaticagents are generally exempt from the social security provisions of thereceiving state – all dues, taxes, personal regional or municipal, formpersonal and public services and from custom duties and inspection.
l.Familymembers of the diplomatic agent enjoy similar privileges and immunities,including members of his administrative and technical staff.
Types Of Diplomacy International Relati…
Abuse of Diplomatic Immunity
Most diplomats are well trained and seasoned publicservants representing nations with well established traditions of democracy,rule of law and professional civil service. They are expected to obeyregulations governing their behaviour and observe strictly the rule ofdiplomatic eliquette, knowing that various forms of sanctions and disciplinaryactions may be imposed for acts of blatant misbehaviour or for flonting locallaws with impunity.
Inmany nations, the carrer of a professional diplomat may be compromised if he ormembers of his family disobey local authorities or causes embarrassment tohimself or his home government. Such acts of impurity may on their ownconstitute violation of the spirit of the Vienna convention. The Viennaconvention is explicit that without prejudice to their privileges andimmunities, it is the duty of all persons enjoying such privileges andimmunities to respect the laws and regulations of the receiving state. In manyinstance, diplomatic immunity have led to serious and very reckless abuses bydiplomatic personnel. Such abuses include involvement in criminal activities,disregard for the traditions and culture of the host communities recklessdriving and drunkenness. Other aspect of abuses include providing aid topolitical dissidents and insurgents, engaging.
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