Diplomacy about Persuasion, not an Imposition - Essay Example

"Diplomacy s about persuasion, not imposition"... Marshall, Peter. Positive Diplomacy Introduction The history of mankind shows that contemporary civilization is in point of fact presents neither more nor less than a symbiosis of various civilizations and national cultures. Therefore the dialogue between civilizations gives evidence that all countries regardless of certain differences in cultures are seeking for the clinching the matters of variance by dint of dialogue and interchange of views, rather than by means of war and bloodshed. Nowadays it has become obvious that there is some vacuum in existent international relations. Today we face some serious disagreements with respect to the question what kind of world order should be established in the twenty first century. The arriving of new age has left us a handle to give thought to the future of international relations and the role of world diplomacy in their evolution. First of all let us try to define what is diplomacy. This term is very often mixed with the term 'foreign policies'. The difference between the two terms was well summarized by Watson (1982, p.10), who points out that "while foreign policy is the substance of a state's relations with other states and agencies and the goals it strives to achieve by those relations", diplomacy is "the process of dialogue and negotiation by which states in a system conduct their relations and pursue their purposes by means short of war." As observed by Berridge (1995, p.1), "diplomacy as a professional activity is regulated by custom and by law. These two conditions are central to the emergence and maintenance of the transnationally distributed diplomatic logic of appropriateness: general respect for the common set of legal rules and routines delineating diplomacy as a practice anchored in the Vienna Convention on Diplomatic Conduct (1961) and the recruitment and socialization processes at foreign ministries socializing diplomats into the dual role of promoting national interests in ways conforming to the transnationally accepted diplomatic norms and procedures". According to Der Derian (1987, p. 111), "what uniquely characterizes the paradigm of diplomacy is its utility for states in balancing the forces of hegemony and anarchy. In other words, diplomacy emerges as the collective and reflexive embodiment of the states' ultimate task - self-preservation in an alien environment". But it is generally known that there is no future without history. Diplomacy has a long history of adaptation and change (Hocking 1999, 2001: Melissen, 1999). That is why there is no doubt that it is time to do some hard thinking in regard to the analysis of the historical experience of diplomatic relations. The evolution of the foreign service is traced in detail in: M.S. Anderson, The Rise of Modern Diplomacy 1450-1919 (London, 1993). Diplomatic law is an area of international law that is a summation of norms, which govern the status and functions of state organs of foreign affairs. For a long period of time diplomatic law has been based on custom. The first attempt to conduct partial official codification of diplomatic law has been made in Latin America. On the 20th of February 1928 it has been established "Havana Convention of 1927, which under the heading "Duties of Diplomatic Officers" stated that these officers must not interfere in the internal affairs of the receiving state and must confine their relations to the foreign ministry of the host state" (Robersts, 2006). Nowadays diplomatic law is mainly codified. The most significant document in the area of diplomatic relations is undoubtedly Vienna Convention on Diplomatic Relations. The establishment of diplomatic relations involves the interchange of diplomatic missions. Such an interchange becomes possible only in appropriate legal and political conditions, in the first instance upon condition of recognition de jure. It should be mentioned that it might be the opposite situation when so-called 'silent acceptance' results the establishment of diplomatic relations. One way or the other "the establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent" (article 2). The Convention of 1961 uses the term 'mission' without defining it. The Convention has defined the functions of diplomatic missions: Representation, i.e. performance on behalf of own state in all questions of official relations between two given states; Diplomatic protection of the rights and legitimate interests of the sending State in receiving state, and its citizens within the limits permitted by international law; Negotiating with the government of the receiving country; "Ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State"; Promoting friendly relations between the sending State and the receiving State in the field of economy, culture and sciences. Modern practice differentiates the following kinds of diplomatic missions: 1. Embassies - missions of the first, the highest class, headed by the diplomatic representative, who has the rank of ambassador and is accredited to Head of State. To embassies are equal to the missions of nuncios in Vatican. 2. Missions headed by the envoys accredited to Heads of State - the missions of second class. To such missions are answerable pontifical internuncios. 3. Missions headed by the charges d'affaires accredited to Ministers for Foreign Affairs. 4. Diplomatic and equal to diplomatic official missions, have by some reasons name other than embassy or mission and some particular properties of legal status. Today the predominant kind of diplomatic missions have become embassies. All questions relating diplomatic missions are left at the discretion of the interested states (article 2). It should be mentioned that in the course of time on condition of mutual agreement states might change the selected form of mission, more often to reorganize legations into embassies. From the point of view of international law both embassies and legations as organs of equal sovereign states may have only equal legal status, the same set of privileges and immunities. Privileges and immunities is the one of the central institutes of the diplomatic relations is the institute of diplomatic immunities and privileges. Its basis is the concept of functional necessity of immunities and privileges, as they are given not for benefits of separate persons, but for the maintenance of effective realization of functions of the diplomatic missions representing the states. It is claimed in the Preamble of the Viennese Convention 1961: "the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing States". The Convention determined the following privileges and immunities: Inviolability of the person of a diplomatic agent (article 29) and the private residence of a diplomatic agent (article 30); Diplomats' immunity from the criminal jurisdiction of the receiving State; Exemption from obligation to give evidence as a witness (p.2 of article 31); Inviolability of the premises of the mission (article 22); Inviolability of the archives and documents of the mission (article 24); Exemption from all national, regional or municipal dues and taxes (article 23); Exemption from all customs duties, taxes, and related charges (article 36); Right to use the flag and emblem of the sending State on the premises of the mission, including the residence of the head of the mission, and on his means of transport (article 20); Other privileges and immunities. All staff of diplomatic missions is divided by the Convention on three categories: Diplomatic staff Administrative and technical staff Services staff Accept the main quality of representative character the diplomatic staff has some other particular characteristics. According to the article 1 of the Convention, the members of diplomatic staff are "the members of the staff of the mission having diplomatic rank". Diplomatic rank is a personal rank of a diplomat, which brevetted to him in accordance with existent in a given state laws and order of performance of diplomatic duty. Moreover the Convention has distinguished three classes of heads of diplomatic missions, that of ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent rank; envoys, ministers and internuncios accredited to Heads of State; and charges d'affaires accredited to Ministers for Foreign Affairs (article 14). Article 15 of the Convention states that "the class to which the heads of their missions are to be assigned shall be agreed between States". The quantity of diplomatic staff is within the cognisance of acceptor state. Even so the Convention suppose the possibility "refuse to accept officials of a particular category", in practice such situations as a rule have resulted the letdown in relations between the states. The Convention has claimed that members of diplomatic staff cannot be appointed from among citizen of the receiving state, "except with the consent of that State which may be withdrawn at any time" (article 8). The second category of diplomatic missions staff is administrative and technical staff: referents, secretaries, translators, cipher officers, etc. The third category is service staff, which mostly represented by the citizen of receiving State. The Convention has determined the stages of beginning, existing, and ending of diplomatic mission. Diplomatic mission begins after achievement of the arrangement between the states about an exchange of diplomatic representatives according to the established order. Inquiry of agrment is inquiry of the consent of the receiving state about the appointing of the given person as ambassador, envoy, or the charge d'affaires. The paragraph 1 of the article 4 states:" the sending State must make certain that the agrement of the receiving State has been given for the person it proposes to accredit as head of the mission to that State" An further in the paragraph 2 of the given article it is underlined that "the receiving State is not obliged to give reasons to the sending State for a refusal of agrement". After reception of agrement the ambassador or the envoy receives signed by the Head of his State and fastened by the visa of Minister for Foreign Affairs the special document - credentials. They have character of the general powers of the diplomatic representative operating during all period of his stay in the post and on all questions, which are under the supervision of the diplomatic mission. Credentials is a legal basis of activity of the Heads of diplomatic missions. The Viennese Convention of 1961 (article 43) provides the circumstances causing the end of mission of the diplomatic agent in case of notification by the sending State to the receiving State that the function of the diplomatic agent has come to an end; or the notification by the receiving State to the sending State that, it refuses to recognize the diplomatic agent as a member of the mission. Conclusion The Vienna Convention on the diplomatic relations is the basic international legal document defining the status and functions of diplomatic missions accredited by the heads of the states. It has been accepted on April 18, 1961 in the Vienna at Conference of the United Nations on the diplomatic relations and immunities. The convention has become the most significant document in the history of diplomatic relations as is stated their fundamental issues. The Convention has defined the order of an establishment of diplomatic relations, accreditations of the heads of diplomatic missions and the termination of their functions; the procedure of notification the Ministries of Foreign Affairs of the receiving states about purposes, arrivals and departures of members of missions staff and members of their families, classes of missions' diplomatic staff. Moreover the Convention contains the norms connected with the announcement of the missions' heads or someone from members of the diplomatic staff of mission persona non grata (the undesirable person). The convention has adjusted the questions of seniority of missions' heads of a corresponding class and members of the diplomatic staff, and also has provided the order of appointments the persons, which temporarily officiate as a head of mission. The significant part of the Convention is devoted to diplomatic privileges and immunities. Two facultative reports are enclosed to the Convention: about obligatory jurisdiction of the International court which activity is defined by the Statute of the United Nations Organization (United Nations), and about non-use of laws on citizenship of the receiving state to the staff of diplomatic missions. Bibliography: Anderson M.S.(1993), The Rise of Modern Diplomacy, (London: Longman). Berridge, G. (1995): Diplomacy: Theory and Practice London: Prentice Hall Der Derian, J.(1987): On Diplomacy Oxford: Blackwell Publishers Hocking, B. (2001): "Diplomacy: New Agendas and Changing Strategies" in Information Impacts Magazine, July 2001, (www.csip.org/imp/july_2001/07_01hocking.htm) Marshall, P.(1999), Positive Diplomacy, (Basingstoke: Palgrave). Melissen, J. (1999): "Introduction" in Melissen, J. (ed.): Innovation in Diplomatic Practice London: Macmillan Press Roberts, Walter R. (1916) 'The Evolution of Diplomacy'. Mediterranean Quarterly. Volume 17, Number 3, Summer 2006, pp. 55-64. Watson, A. (1982): Diplomacy. The Dialogue Between States London: Eyre Methuen Read More