Module V VFELINVE KVB JKRBKJWBKJV PDF

Title Module V VFELINVE KVB JKRBKJWBKJV
Author Emma Témez
Course Legal English
Institution Universitat Pompeu Fabra
Pages 6
File Size 185.8 KB
File Type PDF
Total Downloads 74
Total Views 128

Summary

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Description

MODULE 5: DIPLOMACY AND THE BALANCE OF POWER

Contents 1.

Concept and Nature of Diplomacy...................................................................1

2.

Historical Evolution of Diplomacy....................................................................1

3.

The Functions of Diplomacy............................................................................1

4.

Diplomatic Privileges and Immunities.............................................................1

5.

Types of Diplomacy......................................................................................... 1

1.

Concept of Balance of Power...........................................................................1

2.

Balance of Power in Historical Perspective......................................................1

3.

Policy Strategies to Balance Power..................................................................1

DIPLOMACY 1. Concept and Nature of Diplomacy Three meanings of DIPLOMACY (Bull, 1977) 1) The conduct of relations between states and other entities with standing in world politics by official agents and by peaceful means 2) The conduct of such relations by professional diplomatists 3) The conduct of such relations that is “diplomatic”, that is, subtle or tactful Diplomacy is the central technique of execution of the foreign policy of states – the main communication channel among states Diplomacy through Government Ranks -

Ambassador Minister Minister-Counselor First Secretary Second Secretary Third Secretary Attaché Assistant Attaché

2. Historical -

Evolution

(High-

of

Commissioner)

Diplomacy

The ancient need to communicate and negotiate with other distinct and geographically distant peoples and political entities – Ancient Greek city

-

-

states, Roman Empire, Persian Empires, Muslim, and Arab caliphates, Eastern empires, Western empires, ... Emergence of modern diplomacy with the Italian city-states in the 15th century, setting the first permanent missions on a regular basis Progressive extension of diplomatic practices and procedures among modern European states Consolidation of inter-state diplomatic relations worldwide between 19th-20th centuries (since the Congress of Vienna) Proliferation of intergovernmental organisations and parliamentary diplomacy between 19th-20th centuries

3. The Functions of Diplomacy Diplomacy is generally aimed at enabling: o COMMUNICATION between States, and between states and nonstate actors o NEGOTIATION between States, and between states and non-state actors o INFORMATION GATHERING about international affairs o ASSISTANCE to the central agencies of the state o PROTECTION of state interests in other states, and inn relation to non-state actors - Functions of the diplomatic mission (Art. 3.) (a) Representing the sending State in the receiving State; (b) Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law (c) Negotiating with the Government of the receiving State; (d) Ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State; (e) Promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations.” - Functions of the consular post (Art. 5.) (a) Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law (b) Promoting friendly relations (c) Reporting (d) Issuing passports, visas, or appropriate documents (e) Acting as Notary and Civil Registrar (f) Succession mortis causa (g) Interests of minors or persons lacking full capacity (h) Any other functions -

Establishment of diplomatic relations between States

4.

Diplomatic Privileges and Immunities Privileges and immunities of the premises of the mission (Art. 22-28) -

-

-

Premises are inviolable. Agents of receiving State may not enter them except with consent of Head of Mission Receiving State is under special duty of protecting the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity Premises of the mission, their furnishings and other property hereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution. Exemptions from all dues and taxes.

Privileges and immunities of diplomatic agents (Art. 29) -

-

Person inviolable. Not liable to arrest or detention. Treatment with respect and prevent attacks against his person, freedom or dignity. Private residence of diplomatic agent inviolable. Immunity from the criminal jurisdiction of the receiving state. Also immune from its civil and administrative jurisdiction, except: 1. A real action relating to private immovable property situated in the territory of the receiving state, unless he holds it on behalf of the sending state for the purposes of the mission 2. An action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending state 3. An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving state outside his official functions Exemptions from all dues and taxes

They can also be kicked out of the country and the immunity can be waved.

5. Types of Diplomacy According to PUBLICITY: -

Public diplomacy Secret diplomacy

According to NUMBER OF PARTICIPANTS: -

Bilateral diplomacy (among States) Multilateral diplomacy (conferences or international organizations)

According to AIM and CONTEXT -

-

Diplomacy In Times of Peace o Public diplomacy o Multi-track diplomacy, citizen diplomacy Crisis Diplomacy o Interests section or de facto embassy o Diplomatic mission in a third state o Special envoy (public or secret) – created ad hoc by individual states, treaties, and international organizations o “Funeral diplomacy” and other ad hoc specific means of diplomacy o Backchannel diplomacy at large, possibly combined with multi-track diplomacy

THE BALANCE OF POWER 1. Concept of Balance of Power Distinct Meanings in the Use of the Concept “Balance of Power” -

A policy aimed at bringing about certain power distribution. A description of an actual state of affairs in International Politics An approximately equal distribution of power internationally A term describing any distribution of power in International Relations

Power Politics Assumptions in Balance of Power Theories -

Nation-states are the key actors in an international system composed of independent sovereign states Domestic and foreign policy are clearly separated areas of national policy International Politics is a struggle for power in an anarchic environment States have different capabilities to achieve goals and defend interests

2. Balance of Power in Historical Perspective 3. Policy Strategies to Balance Power Policy Tools and Options in a Balance of Power System -

Diplomacy and political support to a great power or a group of states Alliance formation to build up power among a group of states The use of force, wither through coercion or brute force, against a power or a group of powers State partitions to weaken a state on the rise or a group of states Annexations to compensate weaker powers or a group of states.

Policy Strategies of Balance of Power EXTERNAL BALANCING: Developing greater power through alliances with other powers -

Economically, to strengthen oneself and one’s allies through trade, or to exclude enemies Militarily, to find allies, or to join a weaker alliance Historical examples: peace between England and Spain at the beginning of the 17th century to contain rising France; ‘Grand Alliance’ of the Dutch Republic, Spain, Saxony, Bavaria, Swabia, Savoy, Britain and the Austrian Habsburg Empire against France by the end of the 17th century; Concert of Europe after 1815; Bismarckian systems in the 19th century

INTERNAL BALANCING: Developing greater power through harnessing a national economy to increase military capability -

Economically, to strengthen oneself through economic development, and to exclude all others Militarily, to engage in an arms race Historical example: Germany during the last decades of the 19th century; USA and URSS after WWII

BANDWAGONING: Ally with the coalition of the great power aspiring to dominate the system -

Economically, to develop ties with the dominant power and wait for future developments Militarily, to join the dominant powers’ alliance

FREE-RIDING or BUCK-PASSING: Declining involvement in a balancing alliance out of the belief that It is not needed – because it is likely to work anyway -

Economically, to increase one’s wealth in the short run Militarily, to adopt neutrality vis-à-vis other powers in conflict Historical Examples: USA during interwar period, Britain in 1930s, Japan second half of 20th C, European Allies in the last decades of the Cold War

APPEASEMENT: Granting of concessions to the great power threatening to gain ascendance over others in the International System -

Economically, make concessions while building oneself up for the long run Militarily, to make concessions Historical Example: France and Britain towards Nazi Germany in 1930s, European Countries toward Russia in 2010s....


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