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Books > Law > International law > Public international law > Diplomatic law
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.
Since the publication of Der Derian's seminal work On Diplomacy, diplomacy has been thought of as the mediation of estrangement between separated individuals, groups or political entities. In Paradiplomacy as a Diplomatic Broker, Manuel Duran focuses on paradiplomacy, the diplomatic practices of sub-state entities. He presents paradiplomacy as a specific site of diplomatic mediation, striking a middle ground between "realist" power play and the humanist need to connect to and engage with others. Indeed, the mediating of estrangement can be situated between both extremes of a continuum, with on the one hand absolute humanist diplomacy, aimed at rescinding all forms of separation between peoples, and on the other hand absolute power play diplomacy, maximizing these differences.
Defence diplomacy enhances the diplomatic and security capacity of a state, providing the only link between executive office and the ministries of foreign affairs and defence, three vital institutions in the Long War. Using a case study of US defence diplomacy in Afghanistan from 2001-2014, the paper argues simply that the practice of defence diplomacy far outweighs current theories on what it is, how it works and why it matters?
Despite growing interest in digital diplomacy, few studies to date have evaluated the extent to which foreign ministries have been able to realize its potential. Studies have also neglected to understand the manner in which diplomats define digital diplomacy and envision its practice. This article explores the digital diplomacy model employed by four foreign ministries through interviews and questionnaires with practitioners.
Recognising the role science plays at a national level and identifying a state's national diplomatic style can help to construct a 'national style' in science diplomacy. Different national styles affect competition between major powers and their shared responsibil-ity for global problems.
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.
In The Geopolitics of Cyberspace: A Diplomatic Perspective, Riordan explores the extent to which the key concepts of classical and critical Geopolitics can be applied to cyberspace, and how they might explain the behaviour of key state and non-state actors. Case studies seek to apply both kinds of geopolitical analysis to the US, Russia, China, the EU and internet companies, discussing what it can tell us about their past and future behaviour. Riordan then explores the implications for both the theory and, especially, the practice of diplomacy in relationship to cyberspace. He argues that foreign ministries and diplomatic services need to reform both their culture and structures to engage successfully with the challenges posed by cyberspace. Underlying the article is an attempt to rescue both diplomacy and geopolitics from popular usages that risk emptying both concepts of meaning.
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:
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.
By examining the great economic and political transformations of our time, Juan Luis Manfredi-Sanchez reveals how cities and their hinterlands have become part of globalisation. The global city has joined the group of actors who develop diplomatic, political and communicative action in a manner that is de facto and lawful. Thus, the city is involved in the formulation of foreign policy at the same time that it proposes its own political agenda, which may or may not be aligned with its own country. The city thereby becomes a source of innovation in the field of diplomacy. The Covid-19 pandemic is accelerating the political and diplomatic role of cities, which have become epicentres of prevention and response in the face of this public health crisis.
In Symbolic Insult in Diplomacy: A Subtle Game of Diplomatic Slap, Alisher Faizullaev describes how states and their representatives may use manipulative practices for influencing the opponent. The author distinguishes three forms of using symbolic insult in diplomacy: by misrecognition ("diplomatic bypassing"), direct confrontation ("diplomatic punch"), and concealed verbal or nonverbal actions ("diplomatic slap"). The book focuses on "diplomatic slap" - employing obscure symbolic insult as a means of tacit manipulation. Analyzing historical and modern cases, Alisher Faizullaev shows that implicit symbolic insult usually appears ambiguously, and allows the offender to stay engaged with the victim. This work reveals vailed aspects of diplomatic practices and represents a valuable source for students and practitioners of international politics and diplomacy.
Catastrophe and Conflict: Disaster Diplomacy and Its Foreign Policy Implications examines how and why disaster-related activities (disaster response and disaster risk reduction) do and do not lead to diplomatic endeavours. With respect to foreign policy implications, the main question examined here is: Under what circumstances could disaster diplomacy be actively made to succeed or not to succeed? Previous case studies are summarised followed by new case studies of disease diplomacy and climate change diplomacy. From the case studies, disaster diplomacy could succeed when those in power decide that they want it to succeed and then use their power for that goal. This situation is not likely to arise because of only disaster-related activities. Instead, pre-existing interests supporting diplomacy are needed.
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.
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.
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 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.
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.
The aim of this book is to provide a concise but comprehensive source of relevant information for those who are embarking on an international and, particularly, a diplomatic career. It is also useful for civil servants who are required to attend multilateral conferences on a wide range of subjects and for those interested in the mechanisms of international relations. Coverage includes: - the establishment and conduct of diplomatic relations - the organisation and functions of a Ministry of Foreign Affairs and of a diplomatic mission - protocol and procedure - diplomatic privileges and immunities - consular officers and consular posts - the European Union, NATO, the United Nations and other international organisations - key elements of international law - conference practice and procedure - information, misinformation, disinformation, and media presentation skills - glossary of diplomatic, consular and economic terms This new edition has been up-dated to take account of the major political, economic, social and technological changes which have taken place since the latest edition was published in 1998. "An introduction into the world of diplomacy..."
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.
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. |
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