Course in the Topic of AID1: International and Diplomatic Affairs

Course in the topic of AID1: International and Diplomatic Affairs .

American University of Leadership

March, 2013.

Prepared by:

M. Fatima El Hassan.

I)What is the best definition of diplomacy?

Here's a comparison between diplomacy's definition of The Merriam- Webster’s collegiate Dictionary and the Oxford word Power dictionary.

The Merriam- Webster’s collegiate Dictionary in his 10th edition defines diplomacy as “the art and practice of conducting negotiations between nations, it's also a skill in handling affairs without arousing hostility” so it’s a “tactic”.

The oxford word power dictionary defines the term diplomacy as “the management of the relations between countries or a skill in dealing with people. The same dictionary defines the diplomat as one of the officials who represent their country abroad.

Diplomacy

• National goals: Theorientation of the nation’s diplomacy is a new human factorthat is very important in determining its foreign policy.
• What is diplomacy? What are the origins of the application of diplomatic law? And why doesdiplomacy remain the main image of the foreign policy of the state?
  

1)Diplomacy: civil and administrative Immunity

Since the beginning of the twentieth century, many researchers questioned in diplomacy, whether it has been able to serve the principles for which it was founded. Hugh Gibson,one of the most important professional researchers in diplomacy during the twentieth century, answered this question by the following:
"I did not check diplomacy as applied in the last twenty years the desired results, but brought types of disasters. This was not already diplomacy; it was an infringement by politicians and fans'diplomatic posts. Unbeaten politicians and amateur adventurers are negotiating about more dilemmas world complex, and impose on the world In critical circumstances new untested ways. These dilemmas have become the subject of propaganda and cursory discussions between political leaders. Closer to these leaders to commit their country, and they heavy artillery diplomacy - rather than managing direct operations in urgent visits to the trenches of the first lines. "

2)Do these words apply to diplomatic domain in the twenty-first century?

Human social nature (و جعلناكم شعوبا وقبائل لتعارفوا), Brought mankind through ages since the dawn of history to the different styles and sophisticated networking in search for solutions to social problems in general, and that is to avoid wars and international conflicts.

As it makes sense to find a diplomatic pattern between peaceful relations or conflicts and thus the evolution of science diplomacy distinctive patterns of continuance between the various political entities in the world.
From here lies diplomatic Bonamatha, both - traditional and modern - a system and sophisticated relations between states, pillars of institutions and law, and the exercise of its motives is only to achieve security, peace and cooperation, especially to pay for the goals and interests among nations.

3)Diplomacy and the State :

Diplomacy is the exercise and the activity that regulates the relations between states, and is affected by changes of international relations, international law, or restructure the world's political, and present changes reformist suffered institutions of the modern state and functions, especially the role of " the state" and the areas of internal and external to the country, treats head as well as a globalization in all economic, social and political domains.

4)Diplomacy as a specific element of foreign policy:

In The Congress of Vienna (convention de Vienne)in 1815 key starting nucleus for the development of European diplomacy, professionalism and excellence have become two major new features for working diplomacy to ensure that the delicate balance of power reflect diplomatic dynamic of international relations , which is applying Accompanied and keeps place with developments.
It must be specified that the most important diplomatic variables during this century diminished its influence in favor of the executive branch, so right shortage in the role of diplomatic missions and functions, due to the wide telecommunications network and international transport and results, as well as changes in globalization seeking monopoly by all the specific elements of foreign policy-making.

If traditional diplomacy was limited to dealing with the area of ​​relations between subjects of public international law - states - today, it includes international organizations, regional, continental and some struggles that have not completed the conditions fully sovereign state - as the Palestine Liberation Organization.

5)Practicing the “real” diplomacy:

Diplomacy is not a system to connect external political between countries, it is a pattern of practice and behavior designed to regulate the common interests between these countries, whether on the scale of economic, cultural, scientific and bilateral issues specific to relations between states and affecting directly or indirectly on the relations existing collective in the international community.

Witnessed diplomatic shift radically that penetrated to a depth of relations between the United governments and peoples, and came out of the scope of official channels cold traded issues which create closed doors, to include a much wider rangeof styles and openness in relations that apply to the states, bodies , political and social forces, and within countries' host and future .

• Many developed treaties practice this art method of diplomacy; since itserves the international community and world peace.
• Indians defined diplomacy 300 years ago by :
  " the ability to provoke war and confirm peace"
• Hassan Saab, a Lebanese diplomat and political scientist, qualifiesdiplomacy as "the science and art and law and institution and profession."
• “Charles de martins” definition of diplomacy include "The Science of relations and mutual interests between states: » or it’s the art of reconciling the interests of peoples, and to be more precise: it’s the science or art of bargaining "flag Care International Relations by negotiations
• Thedefinition of oxford dictionary of diplomacy is the way in which the ambassadors and diplomatic representatives achieves this care.
• Nicholson said that the diplomat can practice the: "management of International Relations through negotiations
• We have to distinguish between the role of decision-makers and the role of the diplomatic corps. The Decision makers are the executive branch", they decide and diplomats execute .
  

=> The previous definitions are based on two main principles:
A)1st principle: Practicing diplomacy in international relations:

States can not be isolated from the world evolution rule and complexity of interests - openness is necessary and exchange service interests of their people
Involving the idea of ​​diplomatic relations --- Foreigners are then not only those representing public international law (the receiving countries and international organizations).

Diplomatic branch of the International Public Law , explains the fact that the federal states is not governed by diplomacy as a law because these countries are not people of the international legal system / persons of international law / They are people from domestic law (the Constitution of the Federal Union)
The central government is representing part of the International Public Law, therefore, the law governing diplomatic relations between the United User and all other Member States is in the international community.

B)2nd principle: diplomacy Includes"the idea of ​​negotiating":

As the foreign policy goals of the States are numerous, it is possible that the conflict contradicts states compelled to reconcile conflicting objectives through thenegotiation Art of diplomacy pursuit political goals embodied by the search for an agreement.

Chosen foreign policy goals of the state towards the other Diplomacy is the development of that policy or diplomatic objectives into practice for any possible war to be all forms of the foreign bargainingpolicy contract.

Therefore, the best definition is the one of Philippe cahier:

"Diplomacy is the method or means by which followed a subject of international law for the Department of Foreign Affairs peaceful and especially through negotiations."

From here some points are important to clarify:

Diplomatic law is the legal rules governing contacts between the bodies entrusted with the implementation of the Foreign Relations

 "Total legal rules designed to regulate the communication between the various representatives of international law assigned a temporary or permanent basis, external relations functions for these people."

Starting from the Treaty of Vienna in The Hague in 1815:diplomatic’sroleEvolution;

• The diplomatic law Became,a written law and its rules binding on states and assigned to customs

• Became a diplomat representing his state and not the course or monarch, even if Ambassador retained the title of "Ambassador of His Majesty."
• the development of rules Activity diplomatic missions towards integrated diplomat law.

• diplomats, members of the mission is part of the Department of State / state agencies.

• decay role Altheas, to monitor conditions and developments in legitimate ways to explore the political and economic conditions of the host countries.

• the evolution of a function: to facilitate mutual understanding between the two countries sending and host + contribute to the development of international cooperation replace international problems by peaceful means ...

6) Theory of Nicholson: what elements influence diplomacy?

a- The theory of politics and theory negotiate interact with each other, and not always correct that the purpose means that diplomats had preceded a lot of times politicians in the way of understanding international behavior, though of had exercised more than once influential virtuous and space to master "

B-Public opinion: with the spread of globalization, public opinion affect today very much countries foreign policy (starting from the First World War), the public opinion to put pressure on governments to control its foreign policy and after World War II emerged what is known today international public opinion, which reflects the impact of governments and peoples on the policies of each other.

Increased importance of international public opinion as more modern countries, especially those newly independent so that the growing role played by countries on the stage of international politics.

C- Third World countries that has long suffered from oppression and exclusion gained independence In diplomacy and reached peace, which has "classified the evolution of diplomacy”.

D- Historical development of diplomacy: into 4 periods

• The first period from 476 to 1475: the Dark Ages when diplomacy was not the organization.
• Second statement extends from 1475 to 1914: the date on which the theory goes diplomatic political system known as: the European states system.
• Period 3: Covenant initiated by the U.S. President "Wilson", which resulted from these principles:

-Democratic diplomacy, was developed of the evolution of diplomacy through 4 historical stages:

First stage: from ancient times until the 15th century

SecondPhase : from the 15th century until the Congress of Vienna 181

Third stage: from 1815 until the First World War

Fourth stage: from the World War II until the present day.

7)DemocraticPublic diplomacy impact on public opinion:

The group developments in the diplomacy in the modern area, the emergence of public opinion, public diplomacy methodology, on the backs of state blocks the spread of ideologies and its conflicts produced all of them what might be called "diplomatic peoples."

(After World War II and during the Cold War: the division of the world into a cluster of Western liberal capitalism, the socialist bloc, and the mass of the non-aligned Third World).

The emergence of International Organizations: an international phenomenon coincided with the development of international relations after the two world wars which led to the decline of traditional diplomacy and the emergence of modern diplomacy.

8)Manifesting the tremendous progress of modern diplomacy:

Growth and transportation - the maturation and evolution of public opinion and the media - the emergence of powerful countries and international modern blocks, development of armament and techniques especially atomic weapons and space weapons.

The emergence of public diplomacy, diplomatic politics, and technical conferences.
Dispatch roving ambassadors - to send personal representatives of heads of state - diplomatic campaigns and extensive - relatively diminished powers ambassadors - the evolution of diplomatic work conditions - the decay of commissions and replace the embassies - the participation of women diplomatic activity

Most workers impact in addressing international issues as modern and diplomatic New means :

• International organizations.

• Diplomatic meetings and events that take place through are bilateral or multilateral.
Patterns of modern diplomacy

9)Diplomacy, in international organizations:

Applied the first time under the League of Nations has emerged that are formed international problems and jewelry public debates and thus the transfer of military conflict arenas and threatening letters, letters of warning to the expression of opinions and attitudes and the International Platform.
And therefore considered the expansion of the United Nations tolerate this type of diplomacy until this diplomatic framework be known on the international community.

A)What are the downsides of international diplomacy?

-Public pressure on governments during diplomatic negotiations
-Taking the positions of political parties in public diplomacy and exercise over international platforms provide a defamation to take it out and intensify public pressure on them.

- Diplomacy, international organizations could lead to the fragmentation of opinion about the issues raised between the majority on the one hand and the minority on the other hand

- Split opinion may lead to the survival of pending problems without solutions (especially if decisions were made against the will of the people involved / --- More of international tension.

- Parliamentary diplomacy: Diplomacy audio amplifiers that may persist in the accusations and even insults and curses between deputies. This fact is incompatible with the diplomatic assets (calm, logic, persuasion, mutual respect, negotiations).

B) Diplomacy and international organizations:

- Since the first task of diplomacy is to defend the vital interests of the peoples through various channels of communication open to them - and therefore the subject of work done this practice diplomacy on behalf of the community - The violation is unacceptable because it is incompatible with the democratic principle.

- Ensure freedom of the press and opposition parties and popular opinion Representative in different trends while discussing items charters and treaties between States Parties helps to convince the International actors and make them respect the international obligations.

- International organizations despite the weakness of its effectiveness in implementing resolutions that can not be effective or executed,

-International organizations had become platforms for countries and even small ones. It’s also for them an opportunity to present their views on the international scene, but was therefore a role, even if limited in international politics

- This field is linked to maintaining and emphasize the independence and sovereignty of these States where all the countries immediately after its independence seeking accession to membership in the United Nations (emphasis on the independence and sovereignty).

- The General Assembly is the most important platforms in the United Nations and lies through display of political issues - but agencies that derive from the International Organization called specialized agencies may be the most important because it’s Playinga political role

- International agencies have a positive effect on relations between the countries participating in the work of these agencies.

-The formation of new types of diplomatic missions:

Permanent delegates of the States in specialized international organizations
and permanent International organizations envoys to some countries

-Turned evolution of diplomatic Features: States have become more interested in participating in the discussions that lead necessarily to make decisions and recommendations with access to the right to display corresponding views of the concerned governments.

-Diplomatic meetings and events: derives its importance through sensitizing agents calligrapher traditional diplomacy (conflict between the blocks the emergence of public opinion and rapid means of communication, the role of powers argument: Press parties, the media and communication technologies)

- The importance of personal meetings between officials, creates a friendly atmosphere helping to strengthen relations and increase understanding the emergence of diplomatic roaming (through flights of Heads of State, the atmosphere created by the international conferences)

-The conferences disadvantages being operated for propaganda purposes or demagoguery and therefore spend a lot of positive and beneficial goals that are supposed to get it).

-The achievement of agreements and negotiations requires careful and patience and time thing missing heads of state due to preoccupation with affairs of state engagements and concerns.

Conclusion of the first part:

The practice of Heads of State of the diplomatic activity has practically merges between diplomacy and foreign policy if the foreign policy decision-making is
And determining the outlines of the approach which the state followed the diplomatic turn that have been attributed to put this policy into practice and application.

Alpha

II-Diplomatic and consular law.

1- Special Mission

In addition to diplomatic representation (embassies) and consular state they have in cases of special and exceptional missions in missions temporarily resolve a dispute or specific issues or to negotiate or participate in an international conference in preparation for international talks on a high level and are based missions, whether there was an exchange diplomatic or consular permanently with the host country or not.

The special missions factor for the development of diplomatic contacts, have shaped this development fundamental, political, economic, and social in the contemporary world. Where it is among the main objectives of the diplomatic and special missions; influence public opinion and contribution of politicians and decision-makers in guidance and formulation of international relations.

The Public opinion served technological advances in the emergence of new forms of diplomacy on of the most prominent types of evolution appearance: diplomatic emergency increasingly important as it helped to increase special missions, to become such missions inclusive of all types of international relations (political - economically, commercially ,culturally, militarily, socially ...).
In addition, to understand the evolution of diplomacy to be historically back to the period that preceded the blogging because they are the roots of this art, so that more writers refer diplomatic word to the Greeks as they originally a Greek word. And records that the Romans practiced special missions and even Muslims knew this.