First published in 1917, Satow's Diplomatic Practice has long been hailed as a classic and authoritative text. An indispensable guide for anyone working in or studying the field of diplomacy, this seventh, centenary edition builds on the extensive revision in the sixth edition. The volume provides an enlarged and updated section on the history of diplomacy, including the exponential growth in multilateral diplomacy, and revises comprehensively the practice of diplomacy and the corpus of diplomatic and international law since the end of the Cold War. It traces the substantial expansion in numbers both of sovereign states and international and regional organisations and features detailed chapters on diplomatic privileges and immunities, diplomatic missions, and consular matters, treaty-making and conferences. The volume also examines alternative forms of diplomacy, from the work of NGOs to the use of secret envoys, as well as a study of the interaction with intelligence agencies and commercial security firms. It also discusses the impact of international terrorism and other violent non-state actors on the life and work of a diplomat. Finally, in recognition of the speed of changes in the field over the last ten years, this seventh edition examines the developments and challenges of modern diplomacy through new chapters on human rights and public/digital diplomacy by experts in their respective fields.

In The Ideas and Practices of the European Union's Structural Antidiplomacy, Steffen Bay Rasmussen offers a comprehensive analysis of EU diplomacy that goes beyond the functioning of the European External Action Service and discusses the sui generis nature of the EU as a diplomatic actor, the forms of bilateral and multilateral representation as well as the actor identity, founding ideas and meta-practices of EU diplomacy. The book employs a novel theoretical approach that distinguishes the social structures of diplomacy from the practices and meta-practices of diplomacy. Comparing EU diplomacy to the two theoretically constructed ideal types of Westphalian diplomacy and utopian antidiplomacy, Steffen Bay Rasmussen concludes that the EU's international agency constitutes a new form of diplomacy called structural antidiplomacy.

Effective diplomacy remains fundamental to the conduct of international relations in the twenty-first century, as we seek to define and manage a challenging new world order peacefully. New Perspectives on Diplomacy examines the implications of the shifting international landscape upon how states interact with one another. Reflecting on the significant changes to the system of states over the past 50 years, including the end of the Cold War, the rise of transnational networks, challenges to borders, growth in national populism and the increasing difficulties presented to diplomats by radical transparency, the first volume presents the global context against which contemporary diplomacy is conducted.

The Vienna Convention on Diplomatic Relations (VCDR) was signed at the height of the Cold War more than fifty years ago. The agreement and its negotiation have become a cornerstone of diplomatic law. "A Cornerstone of Modern Diplomacy," which is based on archival research in the National Archives (London), the Austrian State Archives (Vienna) and the Political Archive (Berlin), delivers the first study of the British policy during the negotiation of the key convention governing diplomatic privileges and immunities: the 1961 Vienna Convention on Diplomatic Relations. The book provides a complete commentary on the political aspects of the codification process of diplomatic law. By clearly presenting the case with accessible analysis, author Kai Bruns makes the relations between international law and politics understandable, stressing the impact of the emergence of the third world in UN diplomacy. This unique study is a crucial piece of scholarship, shedding light on the practice of United Nations conference diplomacy and the codification of diplomatic law at the height of the Cold War.

The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.

In this work the author explores the subjects of sovereignty, diplomacy and the function of diplomats, diplomatic missions, protocol, ethics in diplomacy, the role of Ministries of Foreign Affairs, intergovernmental conferences and the United Nations.

It:

• includes a useful glossary of over sixty essential terms (such as Calvo Doctrine, Extradition, Rapporteur and Uti Possidetis Juris)
• clearly relates the conduct of diplomacy to the principles of international law.

This volume will appeal to graduate and undergraduate students studying diplomacy, public administration and international relations courses as well as practising diplomats, international organization and foreign ministry officials and those who have regular dealings with them.

The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.

Furthermore, the state never acts as a juridical or natural person and, therefore, in logical terms, its functions cannot be divided into potere politico and persona civile, as a prelude to determine jurisdiction. The said Italian doctrine therefore is ex facie erroneous, and that a simple dichotomy between absolute immunity and restrictive immunity wholly predicated on the nature test alone would not be helpful in promoting justice. Hence, arbitration and comparative dominant theory are suggested instead in the resolution of this elusive problem.

This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

For over half a century the US granted Cubans, one of the largest immigrant groups in the country, unique entitlements. While other unauthorized immigrants faced detention, deportation, and no legal rights, Cuban immigrants were able to enter the country without authorization, and have access to welfare benefits and citizenship status. This book is the first to reveal the full range of entitlements granted to Cubans. Initially privileged to undermine the Castro-led revolution in the throes of the Cold War, one US President after another extended new entitlements, even in the post-Cold War era. Drawing on unseen archives, interviews, and survey data, Cuban Privilege highlights how Washington, in the process of privileging Cubans, transformed them from agents of US Cold War foreign policy into a politically powerful force influencing national policy. Comparing the exclusionary treatment of neighboring Haitians, the book discloses the racial and political biases embedded within US immigration policy.

This book, in its effort to formulate compatibility between Islamic law and the principles of international diplomatic law, argues that the need to harmonize the two legal systems and have a thorough cross-cultural understanding amongst nations generally with a view to enhancing unfettered diplomatic cooperation should be of paramount priority.

Effective diplomacy remains fundamental to the conduct of international relations in the twenty-first century, as we seek to define and manage a challenging new world order peacefully. New Perspectives on Diplomacy highlights the importance of diplomacy in political and military crises, featuring details of life as a diplomat, the importance of alliance building, managing failure and diplomatic negotiations with armed groups. Using regional case studies from Africa, Europe, the Middle East, Russia and Asia, the second volume demonstrates that the importance of diplomacy and diplomats remains undiminished.

This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades' experience in the field. Taking a comprehensive approach, chapters cover the treatment of human rights in all major cultures, religions, ideologies and global regions and assess the competence of all relevant international institutions. The book investigates the idea of human rights relativism and allegations of hypocrisy and double standards, as well as illuminating the diplomatic methods employed by nations wishing to evade human rights obligations. It also analyses the place of the law within the United Nations and regional human rights systems, along with compliance and enforcement mechanisms, and examines two emerging dimensions of human rights: in cyberspace and at sea. Students and scholars of human rights across the fields of law, politics and international relations will find this unique book invaluable. Its concise, accessible style will also make it useful reading for government officials, those working for NGOs and members of the public with an interest in human rights.

Contemporary, thoughtful and extensively illustrated, Modern Diplomacy examines a broad range of current diplomatic practice. This leading and widely used book - now in its fifth edition - equips students with a detailed analysis of important international issues that reflect and impact upon diplomacy and its relations. The subject is brought to life through case studies and examples which highlight the working of contemporary diplomacy within the international political arena. Organised around five broad topic areas, including the nature of diplomacy, diplomatic methods, negotiation, the operation of diplomacy in specific areas and international conflict, the book covers all major topic areas of contemporary diplomacy. New features for this edition: Developments in diplomatic practice Strategies in diplomacy International trade, geopolitics and agreements Diplomacy of new regional organisations and groupings Developing country diplomacy Non-traditional diplomacy New concepts - parallel and counter diplomacy New case studies include: the Paris Climate Agreement, Brexit, international finance and trade agreements, and the UN security forces. Modern Diplomacy is essential reading for students and practitioners of international relations, foreign policy, international law, international political economy, international economics, the Foreign Services Institutes and the National Diplomatic Academies.

This book provides an international legal analysis of the most important questions regarding Iran's nuclear program since 2002. Setting these legal questions in their historical and diplomatic context, this book aims to clarify how the relevant sources of international law - including primarily the 1968 Nuclear Non-proliferation Treaty and IAEA treaty law - should be properly applied in the context of the Iran case. It provides an instructional case study of the application of these sources of international law, the lessons which can be applied to inform both the on-going legal and diplomatic dynamics surrounding the Iran nuclear dispute itself, as well as similar future cases. Some questions raised regard the watershed diplomatic accord reached between Iran and Western states in July, 2015, known as the Joint Comprehensive Program of Action. The answers will be of interests to diplomats and academics, as well as to anyone who is interested in understanding international law's application to this sensitive dispute in international relations.

International relations are full of appeals to and claims about international law. From intellectual property, to human rights, to environment, to investment, to health and safety, issues that have traditionally been almost exclusively within the purview of domestic lawmakers are now the subject of international legal obligations. Yet despite the importance of international law, there are no well-developed set of theories on the ways in which international law impacts domestic decision makers. Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it? Supporting the traditional international law view that international law matters and affects state behavior, Guzman offers a theory of international law that assumes states behave rationally and selfishly. The author argues that at the heart of compliance with international law is the basic fact that a failure to live up to legal obligations today will impact a country's ability to extract concessions for legal promises in the future. Under this reputational model, the violation of international law generates a costly loss of reputation and the threat of this loss provides an incentive to comply. A reputational theory suggests when and where international law is likely to be effective and ways to maximize its ability to advance the goal of international cooperation. Understanding international law in a world of rational states helps us to understand when we can look to international law to resolve problems, and when we must accept that we live in an anarchic world and must leave some issues to politics.

First published in 1961, Consular Law and Practice is a classic work of great interest and practical use to diplomats, consuls, and international lawyers.
When persons are out of their home country, consuls are their link with home and a source of assistance. The roles of consuls are many and varied. Consuls promote commerce between the home country and the host country and assist businesspeople in making contacts and in completing commercial transactions. Consuls also handle problems that arise for seafarers and merchant shipping vessels of the home country when they are in port in the host country. When a home country citizen dies while in the host country, consuls may facilitate burial or shipment of the remains home, or deal with the person's estate. Consuls assist individuals arrested on a criminal charge in the host state by visiting them in jail, advising them about the legal system of the host state, and helping to find them a lawyer.If the person is convicted, consuls visit them in prison and may help to secure a transfer to a prison in the home country.
This fully updated third edition explains consular privileges and immunities and how consular functions are handled in time of peace and war, when the receiving state experiences civil war, or when the sending and receiving states break off diplomatic or consular relations. It provides valuable background by describing how consular law developed historically and how it became solidified in 1963 in the Vienna Convention on Consular Relations. It explores the many bilateral consular treaties which supplement the Vienna Convention, examines the traditional and changing role of consuls, explains diplomatic privileges andimmunities, and discusses the function of consuls as ambassadors in cultural and scientific exchange.

The development of international human rights law and international criminal law has triggered the question whether states and their officials can still shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved. The Pinochet case was the first case that put this issue in the limelight of international attention. Since then, the question has been put to several domestic and international courts, and has engaged the minds of scholars and politicians around the world.
This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms had brought the question of the role of national courts in the application of these norms to the fore and has made the question as to the relation between immunity rules and human rights and international criminal law an immediate one. The tension between the centuries old immunity rules and the relatively recent developments in international human rights law and international criminal law presents itself in two distinct forms. In the first place it can be questioned whether immunity rules as such are compatible with certain fundamental rights of individuals under international law such as the rights of access to court, the right to a remedy, or the right to effective protection. Secondly, it can be questioned whether immunity rules apply unabridged in proceedings concerning grave human rights abuses.
In its examinationof these two questions this book sets out to clearly distinguish the different scope and nature of the rule of state immunity, the rule of functional immunity and the personal immunity of diplomatic agents and heads of state. While strong arguments against certain applications of immunity rules can be derived from international human rights law and international criminal law, this book argues that an unqualified attack on immunity rules risks casting a shadow over all human rights based arguments.

Synthesizing primary and technical data, this book focuses on the legal and political aspects of Israeli administration in the West Bank and the international attempt to resolve the dispute over the territories. The author assesses the present situation and provides guidelines for future action.

The past 30 years have seen important legal developments in relation to the immunities and privileges enjoyed by the subjects of international law, not least the enactment in several jurisdictions of detailed legislation on these issues. The editors have collected key materials, including international agreements and domestic legislation, concerning the immunities of states, governmental bodies, state owned entities and agents. Focussing on legislation in the United Kingdom and the United States of America, the commentary looks at the application of immunities and privileges as well their practical significance for practitioners in both jurisdictions.

Between 1900 and 1960, many writers in France and Britain either had parallel careers in diplomatic corps or frequented diplomatic circles: Paul Claudel, Albert Cohen, Lawrence Durrell, Graham Greene, John le Carre, Andre Malraux, Nancy Mitford, Marcel Proust, and others. What attracts writers to diplomacy, and what attracts diplomats to publishing their experiences in memoirs or novels? Like novelists, diplomats are in the habit of describing situations with an eye for atmosphere, personalities, and looming crises. Yet novels about diplomats, far from putting a solemn face on everything, often devolve into comedy if not outright farce. Anachronistic yet charming, diplomats take the long view of history and social transformation, which puts them out of step with their times - at least in fiction. In this collection of essays, eleven contributors reflect on diplomacy in French and British novels, with particular focus on temporality, style, comedy, characterization, and the professional liabilities attached to representing a state abroad. With archival examples as evidence, the essays in this volume indicate that modern fiction, especially fiction about diplomacy, is a response to the increasing speed of communication, the decline of imperial power, and the ceding of old ways of negotiating to new.

The Sino-British Joint Declaration was signed in 1984 and transferred control of Hong Kong to the People's Republic of China from the 1st July 1997. This sets the scene for the establishment of the Special Administrative Region (SAR) in Hong Kong, which has been at the heart of the civil unrest in 2019-2020, culminating in the National Security Law on 30 June 2020. In the 25th anniversary year of the handover of Hong Kong, C. L. Lim uses British archival sources to re-examine the Joint Declaration, the negotiations that led up to it, and its resounding significance that continues to the present day. Beginning with Margaret Thatcher's preparations for her Beijing trip, the book takes a chronological approach and offers a valuable, single-volume history of the Joint Declaration. In light of tumultuous current events in Hong Kong, Lim provides a vital, clear explanation of the legal complexities that have underpinned the relationships between China, Hong Kong and Britain since 1979.

The Sino-British Joint Declaration was signed in 1984 and transferred control of Hong Kong to the People's Republic of China from the 1st July 1997. This sets the scene for the establishment of the Special Administrative Region (SAR) in Hong Kong, which has been at the heart of the civil unrest in 2019-2020, culminating in the National Security Law on 30 June 2020. In the 25th anniversary year of the handover of Hong Kong, C. L. Lim uses British archival sources to re-examine the Joint Declaration, the negotiations that led up to it, and its resounding significance that continues to the present day. Beginning with Margaret Thatcher's preparations for her Beijing trip, the book takes a chronological approach and offers a valuable, single-volume history of the Joint Declaration. In light of tumultuous current events in Hong Kong, Lim provides a vital, clear explanation of the legal complexities that have underpinned the relationships between China, Hong Kong and Britain since 1979.

The humanitarian framing of disarmament is not a novel development, but rather represents a re-emergence of a much older and long-standing sensibility of humanitarianism in disarmament. The Book rejects the 'big bang' theory that presents the Anti-Personnel Landmines Convention 1997, and its successors - the Convention on Cluster Munitions 2008, and the Treaty on the Prohibition of Nuclear Weapons 2017 - as a paradigm shift from an older traditional state-centric approach towards a more progressive humanitarian approach. It shows how humanitarian disarmament has a long and complex history, which includes these treaties. This book argues that the attempt to locate the birth of humanitarian disarmament in these treaties is part of the attempt to cleanse humanitarian disarmament of politics, presenting humanitarianism as a morally superior discourse in disarmament. However, humanitarianism carries its own blind spots and has its own hegemonic leanings. It may be silencing other potentially more transformative discourses.

Contemporary, thoughtful and extensively illustrated, Modern Diplomacy examines a broad range of current diplomatic practice. This leading and widely used book - now in its fifth edition - equips students with a detailed analysis of important international issues that reflect and impact upon diplomacy and its relations. The subject is brought to life through case studies and examples which highlight the working of contemporary diplomacy within the international political arena.

Organised around five broad topic areas, including the nature of diplomacy, diplomatic methods, negotiation, the operation of diplomacy in specific areas and international conflict, the book covers all major topic areas of contemporary diplomacy.

New features for this edition:

Developments in diplomatic practice

Strategies in diplomacy

International trade, geopolitics and agreements

Diplomacy of new regional organisations and groupings

Developing country diplomacy

Non-traditional diplomacy

New concepts – parallel and counter diplomacy

New case studies include: the Paris Climate Agreement, Brexit, international finance and trade agreements, and the UN security forces.

Modern Diplomacy is essential reading for students and practitioners of international relations, foreign policy, international law, international political economy, international economics, the Foreign Services Institutes and the National Diplomatic Academies.

Table of Contents

1. The Changing Nature of Diplomacy

2. Foreign Policy Organisation

3. Diplomatic Methods

4. Negotiation

5. Developing Diplomatic Practice

6. Groups and Networks

7. Regional Organisations and Diplomacy

8. Cyber Diplomacy

9. International Financial Relations

10. Trade, Foreign Policy and Diplomacy

11. Environmental Diplomacy

12. Environmental Diplomacy: Case Examples

13. Disaster and Emergency Diplomacy

14. Diplomacy and Security

15. Diplomacy and Mediation

16. The Diplomacy of Normalisation

17. Diplomatic Correspondence: Case Examples

18. International Treaties

19. International Agreements: Case Examples

20. Paris Agreement

Conclusion