This document provides an introduction to diplomatic and consular law. It discusses the historical development of diplomacy from ancient times to the modern era. Key developments included the establishment of permanent diplomatic missions in the 15th century and the codification of diplomatic norms and practices at the Congress of Vienna in the 19th century. The document also examines different definitions of diplomacy and settles on defining it as the formal, peaceful means of communication between international entities to further foreign policy goals and relations.

1. Diplomatic and Consular Systems
Dr. Hala A. El Rashidy
Office:
No. 50, FEPS New Building, Third Floor
Email:
hala.elrashidy@feps.edu.eg;
h_elrashidy07@hotmail.com;
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2. Introduction
 This course provides an introduction to the diplomatic and
consular law as one of the legal sub disciplines of public
international law.
 It also provides a comprehensive study to international
diplomacy, covering both theory and practice.
 In addition the course introduces an overall understanding
to the main rules governing diplomatic and consular
relations and functions as codified in different
international legal instruments and developed in practice.

3. What is meant by Diplomacy?
 Diplomacy in its simplest sense, comprises any means by
which different entities establish and maintain mutual
relations, communicate with each other, or carry out
various transactions through special formal agents.
 Diplomacy by this meaning is an ancient method of
communication and negotiation between distinguished
recognized entities. That's why some authors said that
diplomacy is ‘‘as old as social history’’ or perhaps ‘‘much
older than even recorded history’’.

4.  Whenever in history there has been a group of independent
states co-existing, special customs have been developed on
how to communicate with each other.
 Diplomacy may thus exist between states in both cases of war
or armed conflict and peace.
 The word diplomacy is defined in the Encyclobedia Britannica
as: “ the art of conducting the intercourse of nations with each
other ”.

5.  It’s also defined by the Oxford English Dictionary as: “ the
management of international relations by negotiation, the
method by which these relations are adjusted and managed by
ambassadors and envoys ”.
 Modern Diplomacy is concerned with the management of
relations between states and each other from one side, and
between states and other international actors, specially
intergovernmental organizations from the other side.

6.  From a state perspective, diplomacy is concerned with
advising, shaping, and implementing foreign policy. As
such, it is the means by which states through their formal
representatives articulate, coordinate, and secure particular
interests using correspondence, private talks, exchange of
views, lobbying, visits, and other related activities.
 Thus, diplomacy represents a unique, multi-faceted,
effective, and highly relevant instrument for managing
relationships between different communities while retaining
their institutional, ideological and social differences.

7.  From the previous definitions, we can conclude that there are
different meaning (or trends) of diplomacy given by various
jurists and politicians.
 We can summarize these definitions in the following trends:
1. Diplomacy as an art.
2. Diplomacy as a science.
3. Diplomacy as a mix between art and science.
4. Modern trends in defining Diplomacy.

8. Diplomacy as an Art
 The first trend in defining diplomacy is that an Art of
negotiation and representation.
 As a result, the diplomat has to have some natural and
inherent characters like intelligence, deliberation, cleverness,
intelligence, … etc.
 Diplomacy as an art of negotiation means that the diplomat
has to know how to negotiate, how to maximize his benefits,
how to make well use of the available resources.

9.  However, defining diplomacy as an art of representation
means that the diplomat is the representative of his own state
abroad, and as a result he has to do his best to raise the
status and the name of his state in the international system.
 Thus, some writers have considered the diplomat as the voice
of his master or his lord.

10. Diplomacy as a Science
 The second trend in defining diplomacy defines it as a
science, thus the diplomat not only has to have some
important natural characteristics, but also he has to acquire
specific knowledge and skills.
 For example, the diplomat has to be aware of the history of
his state's relations with the receiving state, the nature of the
international system, he also has to have very good
knowledge of the international law rules, and of course the
main national interests of his state.

11.  In addition, the diplomat has to be well trained in how to
bargain, compromise, persuade, and communicate with
others.
 Diplomacy according to this trend is a science of
negotiation and representation, and as a result the
individual has to have or enjoy specific qualifications,
knowledge, skills and prerequisites in order to hold a
position as a diplomat.

12. Diplomacy as both art and science
 The third trend has tried to overcome the shortages of the two
previous trends by merging them both in defining diplomacy.
 According to the supporters of this trend, both natural
characters and acquired skills are not sufficient enough
individually to have an excellent diplomat, however both
together are required if we need so.
 As a result, diplomacy is defined, traditionally, as the group of
sciences and arts that are important for facilitating the external
relations of the concerned state.

13. Modern trend in defining diplomacy
 The modern trend in defining diplomacy has criticized the
previous definitions because of neglecting the prominent
changes of the international society, which is no more
limited only to sovereign states.
 As we have studied before in the international law
course, the persons of the contemporary international
law are, in addition to sovereign states,
intergovernmental organizations, NGOs, MNCs, and even
the individual who has recently enjoyed international
status.

14.  As a result, diplomatic relations can no more be exchanged
between states only. However, it has to be defined as the
science and art of facilitating the common international
relations, mainly political, among the different actors of the
international society, which means that diplomacy has
widened in practice to include the regulation of states'
relations with other non-state actors like IGOs, NGOs, MNCs.
 To sum up, there is not any sententious or comprehensive
definition of diplomacy, but there are different trends in this
regard, each of it is trying to get closer in defining this
process but unfortunately they neglect one or more
important elements in their given definition.

15. Then, how can we define Diplomacy?
 We can define Diplomacy as a political, peaceful, consensual,
and formal means of communication among international
entities in both Times of peace and armed conflicts. Diplomacy
by this mean is used as an important tool to achieve states'
foreign policy goals and interests and to enhance their friendly
mutual relations.
 We can extract the main attributes of diplomacy from this
definition as follows:
1. It's a formal means of communication, means that it can be
practiced as a general rule only by entities that enjoy some
kind of international legal personality.

16. 1. Peaceful: Doesn't mean that diplomacy is only practiced
in peace time, but it means that diplomacy in its accurate
nature refers to Positive tool that is used to enhance
friendly actions and peaceful relations among the
concerned parties without decreasing the importance of its
role in settling international conflicts and disputes.
2. Consensual: Means that there is not a legal commitment
on states to exchange such diplomatic relations, but they
are only exchanged when there is mutual consent among
the concerned sending and receiving states.

17. Such consent is not only a prerequisite for the establishment of
diplomatic relations, but it is also very important prerequisite
for its continuity, although each of its parties has the ability to
terminate it unilaterally.
 The given definition of diplomacy, also refers to a very
important attribute of this process which is its representative
nature, as the diplomat is considered to be representing the
sovereignty of a formal international entity whether it is state or
IGO. In anther word, these communications are considered to
be practiced in the formal political level among the different
persons and entities of the international society.

18.  Diplomacy according to this last definition is wide
enough to include all forms of diplomatic relations and
functions, mainly temporary / ad hoc diplomatic relations
( special or ad hoc missions) and permanent ones.
 Also, it is no more a state- centric phenomenon.

19. Development of Diplomatic Function:
A historical perspective
 Diplomatic communication dates as far back as two
millennium, the best means devised by civilizations for
preventing international relations from being governed by
force alone.
 There is no doubt that sending of emissaries to open
negotiations was a common practice among quite primitive
peoples and that in many cases their reception and
treatment were regulated even by custom.

20.  Historically, the origins of diplomacy lay with the first
decisions of human communities to reach an
understanding with their neighbors about the limits of their
hunting territories. But even though these early diplomatic
exchanges allowed for the establishment of some basic
rules of representation, communication and conflict
management, they did not result in the creation of any
permanent institutions. Basically, diplomatic interaction
was not sufficiently frequent or important and hence it
lacked the incentives required to develop complex
institutional relations.

21.  Diplomacy in this early period was described as ‘rudimentary’
(undeveloped and primary) partly, because it was not called on
very often and because communications were slow, occasional,
unpredictable and insecure.
 Since these first stages of interaction, however, diplomacy has changed
significantly.

22.  The ancient proto-diplomatic systems involved no permanent
institutions but rather ad hoc missions, taking place as
circumstances arose. The patterns of diplomatic representation,
communication and negotiation developed by ancient states were
largely influenced by the perceived levels of power asymmetry.
Among the small but independent Greek city-states, no single city
was powerful enough to rule over the others, nor were the city-
states overwhelmed from outside. The cities thus diplomatically
engaged with each other as equals.

23.  The Greek city- states had also known for the first time the
formation of consulates, and resident missions began to
emerge, through employing a local citizen known as a
proxenos (Greek word means consul).
 In addition, It had been generally accepted that some common
understanding of rudimentary diplomatic privileges and
immunities existed at that time as a kind of good hospitalities.

24.  After that, in the age of the Roman empire, the
contribution to this heritage was characterized of
producing rulers and administrators rather than
diplomats, and preferring organization to negotiation,
with a great desire to impose their own superiority and a
universal respect to their own system of law on other
entities.
 Thus, various basic legal codes were adopted in this
regard, the most famous is the Code of Justinian which
provided basic material for the development of the
modern law of diplomatic immunity.

25.  However, with the dissolution of this empire and the emergence
of independent, conflicting, rulers and governments, major
changes were brought about in diplomatic methods and tools,
because none of these entities could impose a general
hegemony, and as a result, the role of diplomacy itself was
greatly enhanced as the only alternative to the warfare which had
proved itself unable to resolve any international problems.
 It was also agreed that Prophet Muhammed (PBUH) used to
send messengers abroad for religious or political purposes
to each of Byzantium, Egypt, and Ethiopia.

26.  Although the practice of exchanging envoys amongst the previous
political entities was as old as history, the establishment of
permanent missions is of a comparatively recent origin. It was not
until the Renaissance age that the Italian cities had known the
resident diplomacy - in its modern meaning - in the second half of
the fifteenth century. As before the I5th century the European
princes normally sent temporary diplomatic missions which were
to be terminated as soon as the particular purpose of the mission
had been fulfilled. It was the Italian Republics, and Venice in
particular, which were the first to recognize the advantages of
maintaining permanent diplomatic missions at each other's
capitals and introduced the practice of so doing.

27. The origins of Modern Diplomacy
 Only in 1648 when the Treaty of Westphalia had
established a new order of relationships which adopted
the principle of exchanging diplomatic relations on a
regular base.
 French diplomatic system, with the introduction of a
resident Embassy headed by a citizen of the sending
State, was adopted. This French system of the 17th and
18th centuries are recognized as the first developed
system of diplomacy and the basis of the bilateral
communication network whose framework was used
during the formation of permanent conferences

28.  It was however the Congress of Vienna which codified more
concretely the new world of diplomacy. Its regulation of 1815
established an agreed basis for diplomatic representation
including precedence and effected the recognition of
diplomatic services as a distinct profession within the public
service governed by its own international accepted codes.
 The settlement at the Congress of Vienna was remarkable in
rebuilding international order broken by the Napoleonic wars.
Later on, It was observed that the French diplomacy which was
characterized by its secretiveness in the gathering and
protection of information as well as the conduct of
negotiations, was considered the main reason behind the
occurrence of the First World War, and as a result there were a
lot of calls for putting into place open covenants, openly
arrived at by President Woodrow Wilson.