2. 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.
3. 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.
4. 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.
5. Sources of Diplomatic Law
• International customs
• The Vienna Convention on Diplomatic Relations
1961.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.