File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Essence of ideas and Conceptualization of the key terms in relation to Diplomatic Science theory

Pre-literate societies regarded envoys as sacred. This Sacro sanctity may stem in part from early man's attitude toward strangers and the traditional code of hospitality. Across the ancient world the immunity accorded to diplomats varied widely. In ancient Greece only heralds enjoyed such status. In Ancient Rome, their Sacred status was based on fetial law.

In other cultures, a deep- rooted Pragmatism dictated that envoys be well treated. In the middle ages principals looked to custom, law, religion and the threat of reciprocal action to safeguard their emissaries. The early modern period witnessed the establishment of resident embassies and occasioned a new debate over the immunities of diplomats. In theory (according to some, such as Gentili and Hotman) ambassadors were not immune, but in practice they were.

Although the idea of extraterritoriality predated Grotius, he coined the term when he noted that ambassadors should be treated as quasi extra territorium (as if outside the territory). Some theorists such as Vattel, based their defense of immunity on the law of nature but they were increasingly being challenged and undermined by the positivists school, who based international law on the implicit or explicit consent of states.

In the nineteenth and twentieth centuries, as resident embassies, and with them international law expanded across the globe, the number of envoys and their entourages increased exponentially and occasioned new debates over the immunity of envoys. Practice varied widely among states. Generally , however the functionalist view of the Italian and Belgian schools, which strove to limit privileges, prevailed.

The Vienna convention of 1961 succeeded in part because it defined what had become customary practice and because a generally functionalist view prevailed among the receiving states. It prevailed as well because it avoided controversial issues such as asylum and only dealt with permanent envoys and their staffs. The Vienna convention of 1975 failed because no consensus existed between the receiving states ( generally wealthy and western ) and the sending states on the status of the personal of IGOs.

Conceptualization of Diplomatic Immunity:

Diplomatic immunity is a kind of legal immunity and a policy held between governments that ensure that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws, but they can still be expelled. Diplomatic immunity finds its origin from as international law in the Vienna Convention on Diplomatic relations (1961),though the concept and custom have a much longer history. Diplomatic immunity as an institution developed to allow for the maintenance of government relations, including during periods of difficulties and even armed conflict.

Diplomatic Asylum is not established in any International law. It derives its existence from Article 14 of the Universal Declaration of Human Rights, which states:
Everyone has the right to seek and to enjoy in other countries asylum from persecution.

The European Convention on Human rights and the International Covenant on civil and political rights also enshrine this law. The International Court of Justice has emphasized that in the absence of treaty or customary rules to the Contrary ,a decision by a mission to great asylum involves a derogation from the sovereignty of the receiving state. The Organization of American states agreed a convention in 1954.In a broad sense, according to the UN, it is protection which is granted by a country outside its own borders, and particularly through its diplomatic missions.

Case of Julian Assange: Julian Assange, founder of whistle blowing website wikileaks, is facing extradition from the U.K to Sweden over rape and sexual assault allegations. Recently, he had spent a night in the Ecuadorian embassy in London after claiming diplomatic asylum .The Government authorities said that by spending the night at the embassy he has breached his bail conditions and faces arrest, but Ecuadorian authorities said they were  studying and analyzing his request.

As per Customs, local police and security forces are not permitted to enter an embassy unless they have the express permission of the ambassador- even though the embassy remains the territory of the host nation. This rule was set not in 1961 Vienna Convention on Diplomatic Relations when it codified a custom in place for centuries by establishing the ' rule of inviolability'. Thus, by being at the embassy, Assange was on diplomatic territory and beyond the reach of police. Assange fears if he is sent to Sweden it any then lead to him being sent to the U.S to face charges over wiki leaks, for which he could face the death penalty.

In contrast to traditional diplomacy, which involves interactions between governments, nowadays State's diplomatic efforts are targeted at people as well. This form of diplomacy which targets the masses is commonly referred to as Public diplomacy.

Public diplomacy is defined as:
An international actors attempt to manage the international environment through engagement with a foreign public.

The goals of Public diplomacy are:
To inform ,engage and influence global audiences to reach out beyond foreign governments. Public diplomacy manifests itself in a broad range of programs that employ people to people contacts, print, broadcast and electronic media and other means. One important and central aspect of new Public diplomacy is cultural diplomacy i.e; the use of a country's culture to reach out to foreign audiences and to project a positive image in the international arena.

Public Diplomacy:
To summarize, Public policy can be simply defined as a form of convincing communication with foreign publics in the context of fulfilling the goals of the foreign politics. Basically , we are talking about convincing communication, with which governments are trying through information and persuasion to influence the opinions and positions of the public abroad or rather in foreign countries, in order to create a proper pressure on the policy makers and with this influencing the decisions and activities of their governments in accordance with their goals and interests.
Public diplomacy is the opposite of secret diplomacy
Public diplomacy is essentially propaganda
Public diplomacy contains relations with domestic as well as with international Publics.
Public diplomacy is Public lobbying
Public diplomacy is enactment of events for the media
Public diplomacy is promotion and branding states abroad
Public diplomacy is in function of foreign cultural policy

A modern diplomat can be anyone that identifies himself herself with the values of a certain country within the international community and the humanitarian models of solving the open dilemmas of globalization. During the cold war, for example ; the United States used Public Diplomacy to persuade European audiences that the foundations of democratic government and Capitalist enterprise were Superior to Soviet alternatives. The diplomacy of 'Global Cities, tweeting against Violent Extremism ,British refocus on Soft power, Syrians find refugee in Canada, Digital diplomacy and the Iran deal, China's African Audience ,Pope Francis' U.S. visit, Australia hosts the Asian cup, Global Cooperation on Climate Change ,the Tunisian model of Post- revolution Peace.

Economic Diplomacy:
Economic diplomacy is a form of diplomacy . Economic diplomacy is the use of the full spectrum economic tools of a state to achieve its national interests. The scope of economic diplomacy can encompass the all of the main international economic activities of a state including but not limited to policy decisions designed to influence exports, imports ,investments, lending, aid ,free trade agreements etc.

Economic diplomacy is concerned with economic policy issues e.g: Work of delegations at standard setting organizations such as World Trade Organization (WTO) Economic diplomats also monitor and report on economic policies in foreign countries and give the home government advice on how to best influence them. Economic diplomacy employs economic resources, either as rewards or sanctions , in pursuit of a particular foreign policy objective.

This is sometimes called  economic statecraft. Economic diplomacy is traditionally defined as the decision-making, policy making and advocating for the sending state's business interests. Economic diplomacy requires application of technical expertise that analyze the effects of a country's (receiving state) economic situation on its political climate and on the sending state's economic interests.

Three Elements:
  1. Commercial diplomacy and NGO's The use of Political influence and relationships to promote and/or influence international trade and Investment, to improve on functioning of markets and/or to address market failures and to reduce costs and risks of cross border transactions (including Property rights).
  2. Structural Policies and Bilateral trade and investment agreements - The use of economic assets and relationships to increase the cost of conflict and to strengthen the mutual benefits of cooperation and politically stable relationships i.e ; to increase economic security.
  3. International Organizations - Ways to consolidate the right political climate and international political economic environment to facilitate and institute these objectives.

Economic Diplomacy deals with the nexus between Power and Wealth in International affairs. In Ukraine eg: a young democracy is struggling to piece together and economy undermined by Conflict and Corruption. The IMF once again playing the role of first responder is providing Policy and financial support to create the space for badly needed reforms, and thereby catalyze assistance from others. In the middle East, much of the hope engendered by the Arab Spring has vanished in particular through Conflict in Iraq, Syria and Libya. Yet, with our Partners , the fund is actively supporting economic reform in Jordan ,Morocco, Tunisia and Yemen, including by making available over $9 billion in financing .In Egypt and elsewhere , our work to help build Policymaking Capacity aims to rekindle hope, especially for the young people of that region.

Significance of Diplomatic Culture:
Diplomatic culture ,such as it is, largely derived from European and Christian traditions. If diplomatic culture provides a space of translation between estranged polities, it carries within it the potential for improving relations and occasionally degrading them. Shift from aristocratic to professional diplomacy is an ongoing process, with many cultural holdovers. Professionalization entailed the production of a body of knowledge that could be perpetuated and modified by diplomats themselves.

Diplomatic culture has much continuity with the past, such as tact and civility. However, new professionals demands require new skills. There is a trend towards greater formalization of diplomatic training and a shift from diplomats being generalists to increasingly requiring specialist knowledge. Any diplomatic encounter necessarily involves different national ' dialects' of diplomatic culture. Homo- diplomacy highlights both the transformational possibilities of these encounters and the need to account for diplomacies beyond the state.

Research following from the practice turn in diplomatic studies enables us to consider each encounter as it is performed rather than through abstract categories like diplomatic culture. There is increasing recognition of multiple diplomatic cultures articulated by state and non state actors. Diplomatic culture refers to an ensemble of practices, compartments and historical precedents which may or may not be found in any specific new encounter. Attempts to nail down what is , or what is not, diplomatic culture are therefore bound to fail.

Cultural Diplomacy:
Cultural diplomacy is a type of public diplomacy and soft power that includes the  exchange of ideas, information, art, language and other aspects of culture among nations and their peoples in order to foster mutual understanding. The purpose of cultural diplomacy is for the people of a foreign nation to develop an understanding of the nation's ideals and institutions in an effort to build broad support for economic and political goals. In essence, cultural diplomacy reveals the soul of a nation, which in turn creates influence. Though often overlooked, Cultural diplomacy can and does play an important role in achieving national security efforts.

Diplomatic culture can and does utilize every aspect of a nation's culture. This includes:
  • The arts including films, dance, music, painting, Sculpture etc,
  • Exhibitions which offer the potential to showcase numerous objects of culture,
  • Educational programs such as universities and language programs abroad,
  • Exchanges-scientific, artistic ,educational etc,
  • Literature , the establishment of libraries abroad and translation of popular and national works,
  • Broadcasting of news and cultural programs,
  • Gifts to a nation, which demonstrates thoughtfulness and respect,
  • Religions diplomacy including inter-religious dialogue,
  • Promotion and explanation of ideas and social policies,

All of these tools seek to bring understanding of a nation's culture to foreign audiences. They work best when they are proven to be relevant to the target audience, which requires an understanding of the audience. The tools can be utilized by working through NGOs, diasporas and political parties abroad, which may help with the challenge of relevance and understanding. These tools are generally not created by a government, but produced by the culture and then the government facilities their expression abroad to a foreign audience , with the purpose of gaining influence.

Cultural diplomacy is an important instrument for the bringing together of peoples, contributing to open markets for the cultural industry and to the establishment of cultural and linguistic bonds. It is also a tool to stimulate political and stimulate dialogue, for it fosters mutual understanding and creates trust, interests and respect between nations.

Diplomatic culture refers to an ensemble of practices, compartments and historical precedents which may or may not be found in any specific new encounter. Diplomatic culture constitutes the international society of states. Diplomatic culture, specifically written in the singular, is thus the label given to an overarching structure that constrains the behavior of states and their diplomats.

Diplomatic culture is thus given as a European inheritance, emerging in modern firm with the state system itself and diffusing through the world through processes of colonization and de-colonization. Universalizing of this diplomatic culture is instrumental to the place of diplomacy within international society. The existence of a diplomatic culture only becomes self-evident, and subject to inquiry , when values and ideas of one society are estranged from another. The idea of a common intellectual culture underpinning diplomatic culture is key to facilitating communication between estranged members of the international society of states.

Diplomacy is the application of intelligence and tact to the conduct of relations between the governments of independent states. Diplomatic culture has much continuity with the past, such as tact and civility. However, new professional demands require new skills. There is a trend towards greater formalization of diplomatic training and a shift from diplomats being generalists to increasingly requiring specialists knowledge. Today Cultural diplomacy is a critical tool in the foreign Policy toolbox.

The United States very effectively has been using Cultural Diplomacy to spread American ideals of Democracy, Civic Society , human rights and freedom of Speech, religion through massive government sponsored culture sharing agencies, like the Bureau of Educational and Cultural Affairs (ECA).

It designs and implements educational, professional and cultural exchange Programs to advancing United States foreign Policy goals.

A great power is a sovereign state that exerts influence on a global scale. Great powers possess military and economic strength , as well as diplomatic and soft power sufficient to cause minor powers to consider the positions of great powers before taking actions of their own. They have dominated the peace conferences following major wars, and assumed ' special rights and obligations in any formal machinery created to preserve international peace and security. Great powers may consider themselves and are expected by others to demonstrate resolve or reassure allies or protect credibility or show leadership and to have special responsibilities for the maintenance peace and stability.

A viable peace system has been identified by Gordon Craig and Alexander George as requiring agreement among a majority of states on its major aims and objectives ,a framework of norms ,rules ,procedures and institutions and the availability of a great power structure to channel agreements and to back up agreements. The power wielded by great powers is variously identified in terms of both inputs and outputs.

The test of a great power is the test of strength for war. A recent discussion of U.S - China relations associates U.S great power in peacetime with its alliances ,its trade relationships and the deployments of U.S forces abroad. Kenneth Waltz, the founder of the neorealist theory of international relations .elaborated these in terms of five sources of power: Population and territory, resource endowment , economic capability, political stability and competence and military strength.

A great power is a Sovereign state that exerts influence on a global Scale. Eg : 'The interim peace' with Germany that ended the Second World war in Europe placed Germany under the Constraint of four- power Control , China , France, Russia , the United Kingdom and the United States are often referred to as great Powers by academics due to ' their Political and economic dominance of the global arena. These five nations are the only states to have permanent seats with veto power on the United Nations Security Council.

Award Winning Article Is Written By: Ms.A.Jonah Elisa Shiny

Awarded certificate of Excellence
Authentication No: FB103192292560-04-0221

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly