International Law and Diplomacy

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Presentation transcript:

International Law and Diplomacy

Public international law Public international law can be defined as a body of legal rules governing interactions between sovereign states and other entities operating in the international arena. Public international law refers to those laws, rules, and principles of general application that deal with the conduct of nation states and international organizations among themselves as well as the relationships between nation states and international organizations with natural and juridical persons.

The earliest expressions of international law The earliest expressions of international law were the rules of war and diplomatic relations.

The subject matter of international law As contacts between states became more frequent, the subject matter of international law extended and today it covers a wide range of topics, such as human rights, environment, health, science and technology, international economic law, the law of armed conflict and international security, humanitarian law, and so on.

Sources of public international law Treaties and international conventions (written agreements concluded by two or more sovereign nations or by a nation and an international organization) Customary international law General principles common to systems of national law Subsidiary means (court decisions and doctrines)

International relations International relations can be defined as the study of the relations of the states with each other and with international organizations a branch of political science concerned with relations between nations and primarily with foreign policies

International organizations An international organization is an organization with an international membership, scope, or presence. There are two main types: International nongovernmental organizations (INGOs): non-governmental organizations(NGOs) that operate internationally (e.g. Red Cross). Intergovernmental organizations, also known as international governmental organizations (IGOs): the type of organization most closely associated with the term 'international organization', these are organizations that are made up primarily of sovereign states (referred to as member states). Notable examples include the United Nations (UN), Organization for Security and Co-operation in Europe (OSCE), Council of Europe (COE), International Labour Organization (ILO) and International Police Organization (INTERPOL).

The International Court of Justice (ICJ) The principal judicial body of the UN Its seat is in The Hague (Netherlands) Began its work in 1946 Composition: 15 judges elected to nine-year terms of office by the UN General Assembly and Security Council

Functions of the ICJ To settle in accordance with international law the legal disputes submitted to it by States To give advisory opinion on legal questions referred to it by authorized international organs and agencies

The ICJ adjudication The statute of the International Court of Justice, states that the basis on which it adjudicates cases before it are international treaties, international custom as evidence of a general practice accepted as law, and the general principles of law recognized by civilized nations as well as judicial decisions and the teachings of jurists as subsidiary means for the determination of rules of international law. https://www.youtube.com/watch?v=DME-wfbt08c

Diplomacy Diplomacy is the established method of influencing the decisions and behaviour of foreign governments through dialogue, negotiation, and other peaceful means.

History of diplomacy Historically, diplomacy meant the conduct of official (usually bilateral) relations between sovereign states. By the 20th century the diplomatic practices pioneered in Europe had been adopted throughout the world, and diplomacy expanded to cover summit meetings and international conferences, parliamentary diplomacy, the international activities of supranational and subnational entities, unofficial diplomacy and the work of international civil servants.

Foreign policy v. diplomacy Diplomacy is the main, but not the only, instrument of foreign policy, which is set by political leaders. Foreign policy establishes goals, prescribes strategies, and sets the broad tactics to be used in their accomplishment. Foreign policy is generally declared publicly, while most diplomacy is conducted in confidence https://www.youtube.com/watch?v=_3qJgmrBNOQ

Aim of diplomacy Diplomacy is the principal substitute for the use of force; its aim is the peaceful settlement of differences between states. Its primary tools are international dialogue and negotiation, largely conducted by accredited envoys and political leaders. https://www.youtube.com/watch?v=EQoJQmu9gu4

The purpose of diplomacy The purpose of diplomacy is to strengthen the state, nation, or organization it serves in relation to others by advancing the interests in its charge. It strives to preserve peace; diplomacy is strongly inclined toward negotiation to achieve agreements and resolve issues between states.

Diplomacy and war When diplomacy fails, war may ensue; however, diplomacy is useful even during war. It contrives war’s termination, and it forms, strengthens, and sustains the peace that follows conflict.

The Vienna Convention on Diplomatic Relations (1961) The Vienna Convention on Diplomatic Relations (1961) is fundamental to the conduct of foreign relations and it ensures that diplomats can conduct their duties without threat of influence by the host government. In particular, the Convention establishes the following rules for the appointment of foreign representatives; the inviolability of mission premises; protection for the diplomat and his or her family from any form of arrest or detention; the protection of all forms of diplomatic communication; the basic principle of exemption from taxation; immunity from civil and administrative jurisdiction, with limited exceptions; and that diplomats must respect the laws of the host state.

Read the text and complete the following statements: The subject matter of international law has extended and today it covers a wide range of topics, such as_________________. Public international law can be defined as the body of rules that regulate relations between _______________. Sources of international law include _______________. The International Court of Justice is the judicial arm of the ___________________. Some of the best known international organizations are ______________________.

Fill in the blanks with the appropriate nouns from the list below: sources, individuals, relations, treaties, rules, states International law can broadly be defined as the body of ______________ that regulates ___________________ between states and the rights and duties of _________________ in their relations to foreign ________________ and with each other. International customs and _______________ are generally considered to be the most important _________________ of international law.

Supply the missing prepositions: The Vienna Convention on Diplomatic Relations establishes the rules ____ the appointment of foreign representatives, the inviolability ___ mission premises, protection for the diplomat and his or her family ______ any form of arrest or detention, the protection of all forms ____ diplomatic communication, the basic principle of exemption________ taxation and immunity from civil and administrative jurisdiction, _________ limited exceptions.

Match the terms with their definitions: Diplomacy A messenger or a representative, especially one on a diplomatic mission. Negotiation Plan of action adopted by one nation in regards to its diplomatic dealings with other countries. Foreign policy Instrument by which a state (or, by extension, an organization or individual) attempts to achieve its aims, in relation to those of others, through dialogue and negotiation Envoy Mutual discussion and arrangement of the terms of a transaction or agreement.

Decide whether the following statements are true (T) or false (F) Decide whether the following statements are true (T) or false (F). If false, provide the correct information. 1.Historically, diplomacy meant the conduct of official relations between sovereign states. 2.Diplomacy is the only instrument of foreign policy. 3.Diplomacy is always conducted publicly. 4.Diplomacy strives to achieve the non-violent resolution of disputes and expanded cooperation between states.

Complete the phrases with an appropriate verb from the box below and translate them into Croatian. prescribe resolve preserve establish achieve safeguard 1. to ____________ goals 2. to ____________ strategies 3. to ____________ objectives 4. to ____________ national independence, security and integrity 5. to ____________ peace 6. to ____________ issues between states

Thank you for your attention!