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Books > Law > International law > Public international law > Diplomatic law
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.
In The Legality of a Jewish State, the author traces the diplomatic history that led to the partition of Palestine in 1948 and the creation of Israel as a state. He argues that the fate of Palestine was not determined on the basis of principle, but by the failure of legality. In focusing on the lawyer-diplomats who pressed for and against a Jewish state at the United Nations, he offers an explanation of the effort in 1947-48 by Arab states at the UN to gain a legal opinion from the International Court of Justice about partition and the declaration of a Jewish state. Their arguments at that time may surprise a twenty-first-century reader, touching on issues that are still at the heart of the contemporary conflict in the Middle East.
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.
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.
Scholars are seeking to identify how to constructively integrate faith into diplomacy. Proponents of faith-based diplomacy recognise that incorporating faith into peacemaking activities assists in managing identity-based conflict and religiously motivated violence in the contemporary international system. A promising strategy within the scope of faith-based diplomacy is interfaith dialogue. The study and practice of interfaith dialogue has been reinvigorated since the advent of 9/11, and yet the link between interfaith dialogue and diplomacy remains underdeveloped. The cases of Indonesia and the United States present lessons on how states can effectively use interfaith dialogue to achieve policy objectives, while recognising that some policies are detrimental to achieving diplomatic goals. This paper seeks to provide some framework for bringing interfaith dialogue into the scope of diplomacy by illuminating how faith-based diplomacy and interfaith dialogue can be innovative diplomatic perspectives useful in addressing contemporary global issues.
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.
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.
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.
Where did the regulatory underpinnings for the global drug wars come from? This book is the first fully-focused history of the 1961 UN Single Convention on Narcotic Drugs, the bedrock of the modern multilateral drug control system and the focal point of global drug regulations and prohibitions. Although far from the propagator of the drug wars, the UN enabled the creation of a uniform global legal framework to effectively legalise, or regulate, their pursuit. This book thereby answers the question of where the international legal framework for drug control came from, what state interests informed its development and how complex diplomatic negotiations resulted in the current regulatory system, binding states into an element of global policy uniformity.
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.
Evangelos Raftopoulos explores international negotiation as a structured process of relational governance that generates international common interest between and among international participants and in relation to the international public order. He challenges prescriptive models of negotiation - developed in international relations and positivistic approaches to international law, which artificially separate treaties from negotiation in the name of 'objectivity' - and opens a window for looking at international negotiations from a novel, international law perspective. Using an interdisciplinary approach that incorporates law, philosophy, politics, and linguistics, he proposes a holistic, theoretical model of multilateral international negotiation that not only offers a 'subjective' view of international law in practice but also demonstrates the importance of understanding the horizontal normativity of international ordering. This work should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone else interested in international law and international relations.
Since Marcel Mauss published his foundational essay The Gift in 1925, many anthropologists and specialists of international relations have seen in the exchange of gifts, debts, loans, concessions or reparations the sources of international solidarity and international law. Still, Mauss's reflections were deeply tied to the context of interwar Europe and the French colonial expansion. Their normative dimension has been profoundly questioned after the age of decolonization. A century after Mauss, we may ask: what is the relevance of his ideas on gift exchanges and international solidarity? By tracing how Mauss's theoretical and normative ideas inspired prominent thinkers and government officials in France and Algeria, from Pierre Bourdieu to Mohammed Bedjaoui, Gregoire Mallard adds a building block to our comprehension of the role that anthropology, international law, and economics have played in shaping international economic governance from the age of European colonization to the latest European debt crisis. This title is also available as Open Access on Cambridge Core.
Since Marcel Mauss published his foundational essay The Gift in 1925, many anthropologists and specialists of international relations have seen in the exchange of gifts, debts, loans, concessions or reparations the sources of international solidarity and international law. Still, Mauss's reflections were deeply tied to the context of interwar Europe and the French colonial expansion. Their normative dimension has been profoundly questioned after the age of decolonization. A century after Mauss, we may ask: what is the relevance of his ideas on gift exchanges and international solidarity? By tracing how Mauss's theoretical and normative ideas inspired prominent thinkers and government officials in France and Algeria, from Pierre Bourdieu to Mohammed Bedjaoui, Gregoire Mallard adds a building block to our comprehension of the role that anthropology, international law, and economics have played in shaping international economic governance from the age of European colonization to the latest European debt crisis. This title is also available as Open Access on Cambridge Core.
The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. To this day they continue to shape contemporary debates about regulating warfare, but their history is often misunderstood. For most observers, the drafters behind these treaties were primarily motivated by liberal humanitarian principles and the shock of the atrocities of the Second World War. This book tells a different story, showing how the final text of the Conventions, far from being an unabashedly liberal blueprint, was the outcome of a series of political struggles among the drafters. It also concerned a great deal more than simply recognizing the shortcomings of international law revealed by the experience of war. To understand the politics and ideas of the Conventions' drafters is to see them less as passive characters responding to past events than as active protagonists trying to shape the future of warfare. In many different ways, they tried to define the contours of future battlefields by deciding who deserved protection and what counted as a legitimate target. Outlawing illegal conduct in wartime did as much to outline the concept of humanized war as to establish the legality of waging war itself. Through extensive archival research and critical legal methodologies, Preparing for War establishes that although they did not seek war, the Conventions' drafters prepared for it by means of weaving a new legal safety net in the event that their worst fear should materialize, a spectre still haunting us today.
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.
Diplomacy is no longer restricted to a single vocation nor implemented exclusively through interaction amongst official representatives. In exploring the challenges that these transformations produce, this work surveys firstly, the genealogy of diplomacy as a profession, tracing how it changed from a civic duty into a vocation requiring training and the acquisition of specific knowledge and skills. Secondly, using the lens of the sociology of professions, the development of diplomacy as a distinctive profession is examined, including its importance for the consolidation of the power of modern nation-states. Thirdly, it examines how the landscape of professional diplomacy is being diversified and, we argue, enriched by a series of non-state actors, with their corresponding professionals, transforming the phenomenology of contemporary diplomacy. Rather than seeing this pluralization of diplomatic actors in negative terms as the deprofessionalization of diplomacy, we frame these trends as transprofessionalization, that is, as a productive development that reflects the expanded diplomatic space and the intensified pace of global interconnections and networks, and the new possibilities they unleash for practising diplomacy in different milieus.
Sean D. Murphy's wide-ranging and in-depth survey of United States practice in international law in the period 1999-2001 draws upon the statements and actions of the executive, legislative and judicial branches of the United States Government to examine its involvement across a range of areas. These include diplomatic and consular relations, jurisdiction and immunities, state responsibility and liability, international organizations, international economic law, and human rights. Available for the first time in one compendium, this summary of the most salient issues (including the Kosovo conflict) will be a central source of information about US practice in international law. This volume contains extracts from hard-to-find documents, generous citations to relevant sources, tables of cases and treaties, and a detailed index. Revealing international law in the making, this essential tool for researchers and practitioners is the first in a series of books capturing the international law practice of a global player.
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:
New in paperback, 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.
Since the dissolution of the former U.S.S.R., twelve countries are now confronted with the task of defining their attitudes and policies towards the central means for law-making in the international community: the treaty. This comparative commentary on the law of treaties includes full texts in an original, authoritative translation of relevant legislation. It also contains informed commentary on every article in the laws, and an extensive classified bibliography.
In October 1998, General Augusto Pinochet, former dictator of Chile, was arrested in London. He had been charged with crimes against humanity by a Spanish magistrate, but over the 16 months that Pinochet was detained, equally intriguing questions went unanswered about his links with Britain. Why was Margaret Thatcher so keen to defend the General? Why was Tony Blair's usually cautious government prepared to have him arrested? And why was Britain the General's favourite foreign country? Andy Beckett offers a compound of history, investigation and travelogue that unravels this strange story.
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 granting of diplomatic asylum to Julian Assange, the dangers faced by diplomats in troublespots around the world, WikiLeaks and the publication of thousands of embassy cable - situations like these place diplomatic agents and diplomatic law at the very centre of contemporary debate on current affairs. Diplomatic Law in a New Millennium brings together 20 experts to provide insight into some of the most controversial and important matters which characterise modern diplomatic law. They include diplomatic asylum, the treatment (and rights) of domestic staff of diplomatic agents, the inviolability of correspondence, of the diplomatic bag and of the diplomatic mission, the immunity to be given to members of the diplomatic family, diplomatic duties (including the duty of non-interference), but also the rise of diplomatic actors which are not sent by States (including members of the EU diplomatic service). This book explores these matters in a critical, yet accessible manner, and is therefore an invaluable resource for practitioners, scholars and students with an interest in diplomatic relations. The authors of the book include some of the leading authorities on diplomatic law (including a delegate to the 1961 conference which codified modern diplomatic law) as well as serving and former members of the diplomatic corps.
The Collected Documents of The Group of 77 provides a chronological record of events and documents of the Group of 77 since its creation in 1963. This Sixth Volume is a special Fiftieth Anniversary Edition of The Group of 77 at the United Nations launched to coincide with the fiftieth year since the establishment of the Group of 77 with the objective of furthering the documentary process and its institutional memory. This compilation provides a chronological record of the main documents adopted by the Group of 77 since its creation in 1964, with a special focus on all major events of the Group of 77 that took place during the period 1964-2014. The Group of 77 has devoted five decades working to achieve development. It adheres to the principle that nations, big and small, deserve an equal voice in world affairs. Today the Group of 77 remains linked by common geography and a shared history of struggle for liberation, freedom and south-south solidarity. In its 50 years, the Group of 77 has solidified the global South as a coalition of nations, aspiring for a global partnership for peace and development. The Group of 77 is recognized for its work to promote international cooperation for development towards a prosperous and peaceful world. The commitment and dedication of the Group of 77 in selflessly shaping world affairs has benefited billions of lives worldwide. |
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