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BILATERAL DIPLOMACY Multilateral Diplomacy was inaugurated with the creation of

the League of Nations, and was widely believed that the old
Bilateral diplomacy is the conduct of relations on a state to diplomacy had been replaced by a new diplomacy.
state basis via formally accredited resident missions, which is
the conventional method for conducing bilateral diplomacy.
VIENNA CONVENTION ON DIPLOMATIC RELATIONS
FRENCH SYSTEM OF DIPLOMACY - 1961 Diplomatic Law provides diplomatic agents
1. Nuncius and Plenipotentiary with privileges and immunities under local criminal and
- Nuncius messenger, living letter civil law was located chiefly in customary international
- Plenipotentiary had full powers, plena potestas law
to negotiate on behalf of and bind his principal - The VCDR, codified the customary law on diplomacy,
- Temporary envoys with narrowly focused tasks clarified, tightened it, redefined its content, and
- Temporary embassies were expensive to relaunched it in the form of a multilateral treaty.
dispatch, vulnerable on the road, and because
of the high status required of their leaders always Why the VCDR?
likely to cause varying degrees of trouble over Growing anxiety that looseness in the existing
precedence and ceremonial. rules was enabling some states to use their
- The spread of resident missions was facilitated embassies for illegitimate purposes.
with the growing strength of the doctrine of raison Fear that traditional diplomatic institutions
d etat standards of personal morality were would be dismissed as part of the machinery
irrelevant in statecraft, where the only test was of neo-colonialism if the new states of Asia
what furthered the interest of the state. and Africa were not allowed to give them
- Continuous negotiation permanent diplomacy in official sanction.
all places Apprehension that the existing rules were
inadequate to cope with the great increase in
2. Secret Diplomacy the armies of privileged persons in the major
- Keeping either the fact of the content of capital cities attendant upon the arrival of
negotiations secret. representatives from these states.
- There are issues relating to security and defence - The hallmark of the VCDR was the unambiguously
that shouldnt be publicized because of its nature. functional approach to diplomatic privileges and
- Protocol procedural rules of diplomacy which immunities.
concern ceremonial procedures. Privileges were justified only by the need to
Important feature of diplomatic relations ensure its most efficient functioning.
- Diplomatic precedence order in which
diplomats are received and seated at official Inviolabilities and immunities:
functions, or append their signatures to treaties. 1. Inviolability of its premises
- Honesty in diplomacy the purpose of - Right to operate without constraint
negotiation was not to trick the other side but to - Receiving states are obliged to
reconcile states on the basis of a true estimate of provide all diplomatic missions with
their enduring interests. special protection
- The premises of the mission shall be
3. Professionalization of diplomacy inviolable
- Controlled entry, proper training, clear ranks, and - Bank accounts, movable properties,
regular payment archives and documents,
- The need for extensive knowledge and technical communication
expertise. 2. Inviolability of the person of the diplomat
- Immune from the criminal, civil, and
4. Diplomatic corps administrative jurisdiction of the
- Community of diplomats representing different receiving state
states who were resident in the same capital. - It is the duty of the receiving state to
- Doyen/Dean spokesman, longest-serving provide special protection for the
ambassador person of the diplomat
- Emerging sense of professional identity among - Freedom of movement of the
diplomats; recognized that they had professional diplomatic agent
interests that united them as diplomats. - However, receiving states are
- Localities going native; occupational hazard; it permitted to bar a diplomat from
became normal to rotate diplomats b/n postings, certain zones on grounds of national
typically after three or four years. security.
- VCDR signed on April 18, 1961, came into force
April 24, 1964
- A good embassy will honor local customs, traditions,
ARTICLE 3 OF THE VCDR mark important local events, and engage in extensive
Functions of a diplomatic mission: social contract
1. Representing the sending State in the receiving State; soft power projection/propaganda
2. Protecting in the receiving State the interests of the
sending State and of its nationals, within the limits NEGOTIATION
permitted by international law; - argument breeds argument and negotiation is a
3. Negotiating with the Government of the receiving continuous process
State; It is inevitable that arguments will lead to
4. Ascertaining by all lawful means conditions and arguments thus stretching the negotiation
developments in the receiving State, and reporting process
thereon to the Government of the sending State; - Bilateral diplomacy is better than summitry because
5. Promoting friendly relations between the sending State there will be an ambassador to focus on the issue than
and the receiving State, and developing their in summitry where there are a lot of state leaders that
economic, cultural and scientific relations might not adhere to the discussion

THE RESIDENT MISSION AND THE CASE FOR LOBBYING


EUTHANASIA - Encouraging a favourable attitude to their countries
interests
- Resident missions had become an anachronism or - Lobbying may have the object of preparing the ground
absolute. for a new negotiation, supplementing a current one, or
- Technology of travel and communications has influence a vote at the United Nations
advanced to such a degree that it is easy for political - Targets of lobbying: government departments, opinion
leaders to establish direct contacts. leaders, business and media
- There are diplomatic as well as economic advantages
to this since functions such as representation and CLARIFYING INTENTIONS
negotiation are actually better executed via direct - An ambassador can supplement a written message
contact. with an oral explanation and be more appropriate than
- The opportunities for direct international dealing have a special envoy if it is advisable to keep the exchange
multiplied with the growth of international organizations in a low key.
and regional integration. - Reassurance is the import of a message, a statement
- Information gathering and political reporting by by a trusted ambassador will be as good a medium as
missions are at a discount as a result of the huge many and better than most.
growth in the international mass media.
- Ideological tensions and deepening cultural divisions INFORMATION GATHERING
across the world mean that the exchange of resident - One of the most important functions of resident
missions by hostile states provides dangerous embassy is gathering information on political, military,
hostages and economic developments and reporting it home.
pillars of our foreign policy to advance our
REPRESENTATION national interests.
- Acting as the central official agency for communication - In closed societies the information provided by a
in the host country. diplomatic mission is very important.
- The head of the mission - Intelligence on a foreign government can also be
giving public lectures sought by gentle interrogation of its own ambassadors
appearing on television and radio shows abroad.
attendance to state ceremonial occasions
- Permanent embassies are : POLICY ADVICE
A permanent reminder of the importance and - Advice on policy is particularly valued if the
traditions of a state ambassador has acquired a high professional
Broadens a states representative options reputation.
Symbolic or ceremonial occasions when for - Advice of an ambassador may be obtained by recalling
either practical or political reasons. him for consultation as well as by direct
telecommunication.
PROMOTING FRIENDLY RELATIONS
- The first duty of an embassy is to promote its countrys COMMERCIAL DIPLOMACY
policy. - Use of resident missions resources to promote not
- cultivation of contacts only exports but also inward investment.
- A well networked embassy will easily gain access to - Supplying of market intelligence and helping to smooth
information and influence the way for trade missions from home.
PROPAGANDA - no more than helping to bring the parties in conflict into
- Core among the many functions of diplomatic direct negotiations
missions. - role is limited in the pre-negotiation stage
- Political advertising - acting behalf of an office or institution that provides a
- To persuade a foreign govt to accept a particular view venue for further negotiation
by winning over to this view those with influence upon - not to provide an institutionalized settlement
it.
a. Public Diplomacy Conciliation
- Promoting the country in the host country - attempt to resolve a dispute by having it examined by
- Deals with influence of public attitudes on the an independent commission or conciliation
information and execution of foreign plicy commission
- Cultivation by govt of public opinion in other countries - offers recommendations or solutions which are not
- Interaction of private groups legally binding
- Inter-cultural communications
- Transnational flow of ideas and informations Arbitration
- Reporting of foreign affairs and its impact on policy - the same as conciliation but recommendation is
binding
b. Cultural Diplomacy - there is a body or institution which these parties are
- to influence the foreign policy of the receiving state by signatories that provides legally binding solutions to
helping to export their own cultures to them two conflicting states
- conducted by the embassys cultural attaches and - ad hoc institutions
agencies
Judicial settlement
VERSATILITY OF THE EMBASSY - adversarial arrangements
- Administration of foreign aid is an important function of - scope is broad; tackles several international issues
the embassies of donor states in the developing world. - permanent institutions [ICJ, ICC]
- Political intervention by the embassy in the domestic
affairs of the receiving state. TYPES OF MEDIATORS AND THEIR MOTIVES
Secret channelling of funds, arms, and 1. Track One
medical supplies to the friendly faction to - The most important mediators are the states whether
organize a military coup against the acting stingly or collectively or via the United Nations.
opposition - To defuse crises that threaten the global stability,
- Providing cover for the prosecution of their wars including global economic stability, in which they have
- Work of some embassies in conducting relations such an important stake
between hostile states on the territory if a third. - See mediation as a means of generally raising their
prestige
ADAPTABILITY OF THE EMBASSY - To preserve internal solidarity within organizations and
- Because of budget cuts, some embassies are hiring alliances
nationals of the receiving states. - States also mediate in international and intra-state
conflicts under the authority of the charters of the intl
orgs they have established

MEDIATION 2. Track Two


- Mediation by private individuals and NGOs
Mediation is a special kind of negotiation designed to promote - coined by the United States as citizen diplomacy
the settlement of a conflict involving a third party. concept that the individual has the right to
help shape US foreign policy relations one
A third party must: hand shake at a time
- Be impartial in the dispute - Motives include corporate interests, political ambitions,
- searches actively for a settlement wherein the parties charitable instincts, and to show off
will be satisfied
- be a full partner in the negotiation 3. Multiparty mediation
chairing negotiating sessions - Involvement of more than one mediator in the attempt
proposing solutions to settle a conflict is becoming a norm.
employing threats and promises - two types: simultaneous [also called as collective
- facilitate the arrangement for a neutral venue for the mediation] or sequential [one mediator at a particular
talks level of the mediation]

Good office THE IDEAL MEDIATOR


All mediators should be perceived as impartial on the specific By contrast, it is now common for two states to establish or to
issues dividing the parties to a conflict. maintain diplomatic relations w/o having permanent missions in
- Impartiality enables the third party to be trusted by both each others territory.
parties.
- Reassurance about their mutual sincerity are well- RECOGNITION OF STATES AND ESTABLISHMENT OF
founded and that their confidences will be kept. DIPLOMATIC RELATIONS
- Conflicting parties must believe that any compromises
it propose are of equal benefit to both It is common, though not universal practice, for the government
of a state to issue a formal statement on recognizing another
Must have influence and has more effective power relative to usually newly established state and such a statement may
the conflicting parties offer to establish diplomatic relations with the new state, or be
- Mediators must influence public opinion and the followed very shortly by such an offer.
democratic elites
Where the birth of the new state takes place without the consent
- Has the ability to manipulate tangible rewards and
of the parent state, premature recognition and establishment of
sanctions, including increased or reduced levels of
diplomatic relations by other states will be regarded by the
economic and military aid
parent state as unlawful and an intervention in its own internal
affairs.
They must possess the ability to devote sustained attention to
their dispute and be propelled by a strong incentive to achieve The disappearance of a sovereign state usually because of
a durable settlement. fusion with other state is on the same principles followed by
- Conflicts are not settled overnight. Continuous the ending of its separate diplomatic relations with other states
involvement produces familiarity with the problem and as they recognize the new situation.
key personalities.
- Making a settlement in the conflict must be a high States may retain their former embassy premises in a city which
priority is no longer the seat of government, may transform them into
consulates.
PROBLEMS IN MEDIATION
1. When is the right moment to mediate? RECOGNITION OF NEW GOVERNMENTS AND
Premature mediation will not only fail, but also DIPLOMATIC RELATIONS
makes matters worse
2. Efforts of mediating will be discredited by conflicting Where a change of government within a state takes place,
countries continuance of diplomatic relations b/n that state and others also
3. Pessimism about reaching an agreement depends on whether the new government has been recognized.
How long will it provide stability? How
effective will it be? If change is constitutional (result of free elections), diplomatic
Mediators have their own agenda relations will continue.
4. One or both of the parties will take provocative
If change is a result of conflict or revolution, diplomatic relations
measures and it is inevitable
may continue or there may be a hiatus, and the new
appointment of new ambassadors is likely.
CHAPTER 6
If ambassadors have pending clarification, they are not
Article 2 VCDR the establishment of permanent diplomatic permitted to have official dealings with the new government as
it would imply recognition.
relations between states and the establishment of permanent
diplomatic missions take place by mutual consent.
WHERE PERMANENT MISSIONS ARE NOT ESTABLISHED
BETWEEN TWO STATES
Right of Legation or of Diplomatic Intercourse the right to
send and receive diplomatic agents flows from recognition as a
A sending state which has limited political or commercial
sovereign state.
interests in another state, and few of its own nationals resident
Three distinct steps to the right of legation: in or visiting that state, may well decide that it does not require
a permanent embassy there.
1. Recognition of a new state
Where the receiving state is in the midst of armed conflict, civil
2. Establishment of diplomatic relations with that state
disorder, or a high level of terrorist threat, other states will in
3. Establishment of a permanent mission in that state
general not set up permanent missions and may withdraw
It is in the modern practice highly exceptional for two states to missions already in existence.
recognize each other without formally establishing diplomatic
Options to conduct relations without establishing permanent
relations.
missions:
1. Diplomatic contacts in the capital of a third state or in - Restricting appointment to nationals of the appointing
international orgs such as the United Nations state, because of allegiance and loyalty, is a
2. Occasional special missions sent constitutional or legal requirement.
3. Multiple accreditation US Foreign Service Act 1980 only US
4. Protecting state citizens may be appointed to diplomatic
5. Consular relations may be continued or established posts abroad
between the two states in the absence of a permanent - States are likely to apply aptitude tests for diplomatic
diplomatic mission career in such matters as administrative capability,
negotiation, drafting skills, and resilience under
FUNCTIONS OF A DIPLOMATIC MISSION stress.
- Extensive knowledge of two foreign languages, one
Article 3 of the VCDR sets out the function of a diplomatic variably English.
mission: - A diplomat has the duty of defending the interests of
his country in places not of his own choices.
1. To represent the sending state
- An ambassador is an honest man, sent to lie abroad
2. To protect its interests and those of its nationals
for the good of his country Sir Henry Wotton
3. To negotiate with the government of the receiving state
4. To report to the sending state all matters of importance SELECTION OF HEADS OF MISSION
to it - Ambassadors and other heads of mission are
5. To promote friendly relations in general b/n the two appointed for political reasons.
states - Article 2 section 2.2 of the US Constitution lays the
appointing powers of the president. There is a long
A diplomatic mission is required to carry out all of its functions in
tradition of appointing political supporters of the party
accordance with international law and also in accordance with
whose nominee has been elected President.
the laws and regulations of the receiving state (not to interfere
- Given the nature of the duties and functions of an
in the internal affairs of the receiving state).
ambassador and the special need in many cases to
PERFORMANCE OF CONSULAR FUNCTIONS BY appoint an individual who not only best represents the
DIPLOMATIC MISSION sending sovereign but has the personal links to the
head of the receiving state.
The key distinction of consular and diplomatic missions lies in
AGREMENT FOR HEADS OF MISSION
whether the function is carried out through contacts with the
*Agrement - the official approval by a government of a proposed envoy
central government or through local authorities.
from a foreign government.
- Article 4 of the VCDR requires a sending state to
ensure that the agreement of the receiving state has
CHAPTER 7 been given for the person it proposes to appoint as
head of its mission to that state.
FORMAL ASPECTS OF DIPLOMATIC RELATIONS - If the receiving state refuses agreement, it is not
obliged to give reasons.
- The initial selection of its ambassadors and the - The request for approval is normally made
members of the diplomatic mission is a matter for the confidentially.
law of practice of each state. - It is usual for curriculum vitae to be supplied for the
- Most states entrust the conduct of their diplomatic proposed ambassador.
relations with other states to a professional diplomatic - A sending state may supply more than one name and
service. leave the choice to the receiving State.
- The law and practice varies between different states - Refusals are usually given orally and are not made
on such matters as whether diplomatic posts are open public.
to persons of other nationalities and on the personal - Delay in giving agrement or rejection of a proposed
requirements for appointment. appointment may relate to previous postings, conduct,
- The modern practice maintained a unified diplomatic or personal characteristics of the individual, it may be
and consular service with, at least in theory, complete a sign of strained relations between the two states or
interchange ability in regard to personnel, functions, a combination of both.
and geographical area of work. - Suspicion of involvement in criminal and in particular
- Requirements as to educational or specialized terrorist activity, in espionage, or in violations of
professional qualifications and as to character are human rights may also be a ground for refusal.
common. - Even if agreement has been given, it may be
- Laws against discrimination in many countries ensure withdrawn if the proposed head of mission has not
that selection to diplomatic posts cant be limited on actually arrived in the territory of the receiving State.
grounds of race, religion, or sex.
APPOINTMENT OF THE STAFF OF THE MISSION
- Article 7 of the VCDR provides that the sending state - Sharing an ambassador may however offer
may freely appoint the members of the staff of the advantages of economy in the case of small states.
mission but there are exceptions in the case of
multiple accreditation, in the case of staff who are not CONTROL OF THE SIZE AND LOCATION OF DIPLOMATIC
nationals of the sending state and where the staff of MISSIONS
the mission exceeds what is reasonable and normal
- Article 7 requires the names of defence attaches - Under Article 11 of the VCDR, it is the right of the
(military, naval, or air) to be submitted in advance for receiving state to require that the size of the mission
approval. should be limited to what is considers reasonable and
- The right freely to appoint diplomatic staff is taken to normal, having regard to circumstances and
include the right of the sending state to: conditions in the receiving state and to the needs of
Dismiss such staff the particular mission.
Determine whether each member of the - The power to limit the size of a mission is in practice
mission staff should be classified as used only where relations with the sending state are
diplomatic, administrative, technical, or strained or there is a concern about abuse such as
service staff. espionage.
Choose the title accorded to particular - A number of states use the power to place ceilings on
members of the staff. foreign embassy numbers in order to limit abuse of
- Under article 10 of the VDCR there are extensive diplomatic immunity.
requirements to notify the ministry of foreign affairs of - The general practice is for embassies to be set up in
the receiving state of the appointment, status, and the capital or seat of government of the receiving
final departure of members of a diplomatic mission state and to follow it if it moves.
- These notifications are used by the ministry of foreign - Where the govt of the receiving state is situated in
affairs in the context of establishing entitlement to more than one city, embassies will follow the location
privileges and immunities for individuals and to of the ministry of foreign affairs.
compile a local diplomatic list and in some capitals to
CLASSES AND PRECEDENCE AMONG HEADS OF
issue diplomatic identity cards.
MISSION
NATIONALITY OF DIPLOMATIC STAFF
- Titles and precedence of heads of mission were
- Article 8 of the VCDR says that members of the important in the earlier centuries because choice of
diplomatic staff of the mission should in principle b of title agreed between two states reflected the political
the nationality of the sending state importance of the states as well as the diplomatic
- States are also permitted to reserve the right of veto relations between them.
with regard to nationals of a third state who are also - Precedence retains some importance in protocol and
not a national of the sending state ceremonial contexts.
- Limitations on appointment of nationals of the - Article 14 of the VCDR sets out the 3 classes of
receiving state apply only to diplomatic staff and not heads of mission as:
to junior staff of the mission. That of ambassadors or nuncios accredited
- Hiring locals of the receiving state for junior staff to Heads of State, and other heads of
positions are a common practice. mission of equivalent rank;
That of envoys, ministers and internuncios
MULTIPLE ACCREDITATION accredited to Heads of State;
That of charges daffaires accredited to
- Sending a single ambassador or diplomat to more Ministers for Foreign Affairs
than one state. - Nuncio permanent diplomatic representative of the
- Sending by two or more states of a single Holy See
ambassador to one receiving state. - Heads of mission of equivalent rank high
- It is permissible for an ambassador to act as representative w/in the French Communsute or a high
representative of his sending state to an international commissioner w/in the British Commonwealth,
organization. apostolic delegates of the Pope.
- The second arrangement can only work well if the - Precedence among heads of diplomatic missions is
states sending a single ambassador have close now determined by the date of their taking up their
political relations since it is difficult to act in the functions.
interests of both and the diplomatic message sent - May be determined either by the date of presentation
may be confusing. of credentials or by notification of arrival accompanied
- There may well be problems of confidentiality of by presentation of a true copy of the ambassadors
archives and of information reported or there may be credentials.
a fear among the participant states of loss of - Seniority in post determines precedence and the
sovereignty or prestige. holding of the office of dean/doyen of the diplomatic
corps
CHARGES D AFFAIRES

1. Charges d affaires en pied or Charges d affaires en


titre
2. Charges d affaires ad interim
Appointed to act provisionally as head of a
mission
- They should be appointed when the post of head of
mission is vacant and or the head is unable to
perform his functions.
- A gap before the arrival of his successor during which
a Charges d affaires ad interim will act as a head of
mission.
- A charge may also be appointed when the
ambassador is recalled home for consultations or is
abroad on leave, seriously ill, or even held hostage.
- The post may be held only by a member of the
diplomatic staff.
- If no member of the diplomatic staff is present in the
receiving state, the Vienna Convention permits a
member of the administrative and technical staff, with
the consent of the receiving state.