Omar Bennett
Diplomacy is a social practice that shapes international relations and foreign policy. It is the art of negotiation and intercourse between nations and their representatives. Interdisciplinary courses in diplomacy and international law are designed to help students think critically about diplomatic and international legal issues in real-world contexts. Diplomatic law is an area of international law that governs diplomatic missions, with key elements including the immunity of diplomatic staff and the security of diplomatic correspondence. Famous cases involving the breaking of diplomatic laws include the Iran hostage crisis in 1979 and the Murder of Yvonne Fletcher in 1984.
Characteristics and Values of Diplomacy in Law
| Characteristics | Values |
|---|---|
| Social practice | Explaining state behaviour in terms of existing international legal forms |
| Negotiation or intercourse between nations through their representatives | Compliance with international law |
| Interdisciplinary courses designed to help think critically about diplomatic and international legal issues | Stability in international relations |
| Consent-based governance | |
| Diplomatic immunity | |
| Inviolability of diplomatic missions and their grounds | |
| Security of diplomatic correspondence and bags |
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What You'll Learn
Diplomacy as a social practice
Diplomacy is a social practice that involves the art of navigating complex political and social landscapes, both domestically and internationally. It is a dynamic social process that enables constant communication and relationship-building between states, international organisations, and other actors, such as activists, media, and non-state actors. The primary goal of diplomacy is to advance foreign policy interests and promote international stability by ensuring compliance with international law.
As a social practice, diplomacy is influenced by the social and historical context in which it operates. The end of the Cold War, for example, brought about an intensified period of globalisation that significantly impacted the work of diplomats. Advances in communication and transport technology have also shaped the way diplomats operate, both at home and abroad, changing the way they communicate, recruit, and train.
The study of diplomacy is evolving to incorporate more social ideas, with scholars recognising the importance of understanding diplomacy from a social perspective. Courses in diplomacy and international law aim to develop critical thinking skills and apply theoretical concepts to real-world contexts, addressing key global challenges.
Diplomacy, as a social practice, involves understanding the interests and desires of various parties and navigating competing claims about compliance with international rules. It is a means of engagement, interaction, and relationship-building between different social entities, including individuals, groups, organisations, and states. Social diplomacy can be seen as a goodwill mission that fosters constructive dialogue and creates a social good.
The practice of diplomacy has evolved over time, with historical examples such as the Ottoman Empire demonstrating the importance of ambassadors, gifts, and protocols in maintaining relationships with other powers. The two World Wars also had a significant impact on diplomatic practices, leading to an "unprecedented revolution" in how diplomatic business was conducted.
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International law and compliance
Diplomacy is a social practice that shapes how states see international rules and their interests and desires. International law is a set of rules generally regarded and accepted as binding in relations between states and nations. It serves as a framework for stable and organised international relations.
International compliance is the state where an organisation meets all its obligations and commitments. In a business context, the related terms are 'regulatory compliance' and 'corporate compliance'. Regulatory compliance means following all the laws, regulations, standards, and policies that apply to a particular business. Corporate compliance refers to the strategies and programs a business has in place to ensure regulatory compliance.
International compliance laws, regulations, and standards apply to businesses across international borders. For example, data protection and financial payment rules often apply across borders. While laws differ substantially in different countries and jurisdictions, there are also commonalities across the world. For instance, in most jurisdictions, employers must withhold employee income taxes and remit them to the tax authorities.
Some specific areas of international compliance include:
- Data privacy laws: The EU and the US have differing approaches to data privacy law, with the former treating personal data protection as a human right.
- Anti-money laundering obligations: The UK and EU have a wide range of laws and obligations relating to anti-money laundering.
- Conflict minerals and import/export: Compliance with conflict mineral laws and import/export restrictions is especially important for businesses in the extractive industries, defence, or technology.
- Customs compliance: Missteps in customs compliance can be costly, particularly regarding anti-dumping and countervailing duties.
- Sanctions: The US has maintained sanctions on Iran, despite the Joint Comprehensive Plan of Action, under which major world powers agreed to ease economic sanctions.
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Diplomatic immunity
The concept of diplomatic immunity can be traced back to ancient civilisations, with mentions in Indian epics like the Ramayana and Mahabharata, as well as in the practices of the Islamic prophet Muhammad and the Rashidun caliphs. The British Parliament formally recognised diplomatic immunity in 1709 with the Diplomatic Privileges Act, after a Russian resident in London, Count Andrey Matveyev, was subjected to abuse by British bailiffs.
Modern practices of diplomatic immunity are largely based on the 1961 Vienna Convention on Diplomatic Relations, which has been ratified by most sovereign states. This convention offers diplomats acting as officials of state almost total protection from criminal, administrative, and civil laws of the host country. However, it is important to note that diplomatic immunity does not place diplomats above the law; they are still expected to conduct themselves in accordance with the laws of the receiving state. The immunity is a privilege of the state that the diplomat represents, and the sending state retains the authority to waive immunity and allow prosecution, typically for serious crimes unrelated to the diplomat's role.
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Diplomatic asylum
The practice of diplomatic asylum has a long history, dating back to the 16th and 17th centuries in Europe. It was recognised by law and custom during this time, as evidenced by a Venetian statute from 1554, which states that "he who has taken refuge in the house of a diplomat shall not be followed there, and his pursuers are to feign ignorance of his presence". The principle of diplomatic asylum was also recognised by legal writers, who sought to find a basis for the principle that would make it acceptable to the sovereigns of receiving states. This led to the concept of extraterritoriality, described by Grotius as an exception to the custom of "regarding all foreigners who are present in the territory under the jurisdiction of a State as subject to the laws of the country".
However, diplomatic asylum is not universally recognised as a legal concept. The International Court of Justice (ICJ), for example, did not recognise it as such in the 1950 Asylum case (Colombia/Peru). As a result, the regulation of diplomatic asylum is left to individual countries on an ad hoc basis. This was demonstrated in the Assange case, where the UK did not recognise the diplomatic asylum granted to Assange by Ecuador. Diplomatic asylum exists as a regional law in Latin America, with a consistent practice and high level of observation, as outlined in the 1954 Caracas Convention on Diplomatic Asylum.
The decision to grant diplomatic asylum can be complex, as it involves withdrawing the offender from the jurisdiction of the territorial state and intervening in matters that are within the competence of that state. It is important to note that diplomatic asylum should be granted on a case-by-case basis, considering factors such as the nature of the crimes committed and the potential risk to human lives.
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International relations and reciprocity
International law is a set of rules generally accepted as binding in relations between states and nations. It serves as a framework for stable and organised international relations. Diplomacy, on the other hand, is a social practice that helps states understand each other and themselves. It is both a practice and state-centric, involving interactions between state officials and new actors like activists, media, and non-state actors.
In international relations, reciprocity is a universally accepted principle of international law that governs interactions between states. It is deeply rooted in the international arena and allows for the advancement of diplomatic relations. Reciprocity is based on the idea that favours, benefits, or penalties granted by one state to another should be returned in kind. This can be seen in the reduction of tariffs, the granting of copyrights to foreign authors, and the relaxation of travel restrictions.
Reciprocity also plays a significant role in trade agreements, making it easier for countries, regardless of size, to trade with each other, resulting in mutual benefits. Security alliances are another example of reciprocity, where countries agree to assist each other in times of military need. The principle of reciprocity in international relations extends to agreements on extradition and the mutual recognition and enforcement of judgments.
The Vienna Convention on Diplomatic Relations provides that a state may interpret and apply the provisions of the Convention restrictively towards another state in response to similar actions by the latter. However, this does not imply that a state is entitled to demand parallel treatment from another state. Instead, it means that a state may refuse a particular treatment if the other state refuses to adopt a similar attitude.
The theory of reciprocity in international relations is considered a tool for developing mutual trust, fostering long-term mutual obligations, and encouraging compliance with international standards. It is a fundamental principle for effective crisis management and the resolution of outstanding issues between states.
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Frequently asked questions
Diplomacy in law is the social practice of negotiation or intercourse between nations through their representatives. It is the science that deals with the relations and interests of nations with other nations.
Diplomatic law is an area of international law that governs permanent and temporary diplomatic missions. It is founded on the principle of diplomatic immunity, which is derived from state immunity.
The key elements of diplomatic law include the immunity of diplomatic staff, the security of diplomatic correspondence, and the inviolability of diplomatic missions and their grounds.
Famous cases involving the breaking of diplomatic laws include the Iran hostage crisis in 1979, the shooting of a British policewoman, Yvonne Fletcher, from the Libyan Embassy in London in 1984, and the discovery of a former Nigerian Minister in a diplomatic crate at Stansted Airport in 1985.
