Since the prehistoric time the immunity of envoy, which is well known today as diplomats, and other person provided political power have been occurred. Since the earlier time when people understood that ‘it was better to hear the message than to eat the messenger’ (Jovan Kurbalija, Dietrich Kappeler, Christiaan Sys, Evolution of Diplomatic Privileges and Immunities). They appeared in human lives in different places and in different times similar to one another, not without reason. They came because of the needs of their existence and their very appearance was an important step in the development of inter-state relations. Primarily immunities and privileges of diplomats were used to protect envoy in host and usually aggressive territories on …show more content…
The cases of such illegal actions are quite common. The well-known accident was in Britain and concerned Alhaji Umaru Dikko, who was an ex-member of the former Nigerian government. In 1984, July he was kidnapped from his house in London. The kidnappers drugged him and put into a crate with the diplomatic hallmark bound for …show more content…
Furthermore, a great influence played the refuse of sending state to dismiss diplomat who has committed a crime and thus cancel its privileges before the Vienna Convention of 1961. All those situations negatively influence on the life of state. Human distrust and perturbation grows. In plaintiffs whose allegations are aimed at diplomats cannot win the process, even if they are right. By these words, I do not want to claim that privileges and immunities of diplomats should be cancelled. Not, of course not. Cancellation of such important things will lead to chaos in cooperation between states, but I would like to stress the importance of creation of institution which will monitor diplomatic immunities and privileges which will be exceeded and protect the people from diplomatic abuses. States need such privileges and immunities and they are not a relic of the past, they are still important, but their permissiveness in some aspects horrifies. Of course, states were trying to solve disputes and situations concerning diplomats in court. The best examples are kidnapping of wife of Salvador diplomat by two diplomats from Guatemala. As a result, after U.S negotiations with
International organizations such as NATO and the UN are essential not only for global peace, but also as a place where middle powers can exert their influence. It is understandable that since the inception of such organizations that many crises have been averted, resolved, or dealt with in some way thro...
The United Nations General Assembly 36-103 focused on topics of hostile relations between states and justification for international interventions. Specifically mentioned at the UNGA was the right of a state to perform an intervention on the basis of “solving outstanding international issues” and contributing to the removal of global “conflicts and interference". (Resolution 36/103, e). My paper will examine the merits of these rights, what the GA was arguing for and against, and explore relevant global events that can suggest the importance of this discussion and what it has achieved or materialized.
Shiraev, Eric B., and Vladislav M. Zubok. International Relations. New York: Oxford University Press, 2014.
Since this is true, states are less restrained by the potential risk of humanitarian consequences of their actions. However, global human rights norms do make a difference, but to what extent? This article explains that the U.S violated the fundamental norm to not target civilians on multiple occasions during the Iraq war, however it was not blatantly done; the targeting was done indirectly, and more secretive. The ability for the United States to commit these international crimes discretely, without repercussions displays the level of influence the United Nations has. However, when civilian targeting is discovered this is the point where international humanitarian norms come into play; states fear being shamed or illegitimated. Since the establishment of an international court there has been a reduction in this type of crimes against humanity. Actions such as torture during war has been significantly reduced because of its
To understand the international relations of contemporary society and how and why historically states has acted in such a way in regarding international relations, the scholars developed numerous theories. Among these numerous theories, the two theories that are considered as mainstream are liberalism and realism because the most actors in stage of international relations are favouring either theories as a framework and these theories explains why the most actors are taking such actions regarding foreign politics. The realism was theorized in earlier writings by numerous historical figures, however it didn't become main approach to understand international relations until it replaced idealist approach following the Great Debate and the outbreak of Second World War. Not all realists agrees on the issues and ways to interpret international relations and realism is divided into several types. As realism became the dominant theory, idealistic approach to understand international relations quickly sparked out with failure of the League of Nation, however idealism helped draw another theory to understand international relations. The liberalism is the historical alternative to the realism and like realism, liberalism has numerous branches of thoughts such as neo-liberalism and institutional liberalism. This essay will compare and contrast the two major international relations theories known as realism and liberalism and its branches of thoughts and argue in favour for one of the two theories.
Mingst, K. (2011). Essentials of international relations. (5th ed., p. 70). New York, NY: W.W. Norton & Company.
Treaties are the highest source of international law besides jus cogens norms that have binding effect on the parties that ratify them.2 International human rights treaties rely on the “name and shame” mechanisms to pressure states to improve practices.3 However with “toothless” international human rights norms, moral coercion is not always effective. An empirical study conducted by Professor Oona Hathaway assessing the effect of human rights treaty ratification on human rights compliance, maintains in its findings that ratification of human rights treaties has little effect on state practices.4 States do not feel pressured to comply and change their practices, rather, signing treaties is “more likely to offset the pressure rather than augment it.”5 So, is it time to abandon human rights treaties and remit protection of human right to domestic institutions. Hathaway posits elsewhere that despite this treaties “remain an indispensable tool for the promotion of human rights.”6 Instead of getting rid of the treaty system, it is necessary to enhance the monitoring and enforcements mechanism to strengthen the human rights regime to ensure compliance.7 This article evaluates the extent to which international law serves as a useful tool for protection of human rights.
...th 2001). Roth argues that the concept of international jurisdiction is not a new idea but was exercised by the US government in the 1970 after an aircraft hijacking. Also the war crime courts established after the end of World War II exercised international jurisdiction. In fact the Geneva Convention states that is a person regardless of their nationality should be brought before the court of any state in which that person has committed grave breaches of law and convention. Roth states that the concept of international jurisdiction is not a new one but that only in recent years have states been willing to act on universal jurisdiction and go after criminals of the international community regardless of their stating or power within the international community. Roth believes in the ability and authority of international organizations and institutions (Roth 2001).
Roskin, M., & Berry, N. (2010). IR: The new world of international relations: 2010 edition (8th ed.). San Francisco, CA: Longman/Pearson Education.
allow for an uneventful stay in the host country. While in a foreign country on
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...
Diplomacy has a variety of definitions which depending on the user perspectives on the term “diplomacy”. In the context of international relations, diplomacy is the negotiator’s ability in conducting negotiations between the representatives of nation states in a peaceful manner. The essential of negotiation is to resolve a conflict without offending others. According to Iragorri (2003), an effective negotiation is being able to achieve mutual agreement by peaceful means. The process of a negotiation in diplomacy goes through five important stages that is preparation, discussion, proposing, bargaining and settling process (refer to Figure 1 in Appendix 1).
About the power of the subjects of international law, it is the basic properties, the special legal ability of the subjects that inherited the rights and shoulder the obligations, legal responsibility in international legal relations. Subjects' power includes two aspects, and only when ones get all these two aspec...
International negotiations may comprise a number of different channels during a peace process. Negotiations between states may take place in public front channels or they may be veiled to maintain secrecy of the bargaining process. This essay will look at the later and examine whether the beneficial effects of secret diplomacy can also yield negative consequences. This essay will be divided into three sections. The first section will define secret diplomacy, referred to as back channel diplomacy (BCD), and outline some of its characteristics. The discussion will outline why parties use BCD and convey the benefits and disadvantages. The second section will outline the function of BCD in two negotiation case studies. The first will look at Israel and Palestinian negotiations leading up to the Oslo Accords in 1993. The second case study will examine British negotiations with the IRA and Sinn Fein in Northern Ireland leading up to the Good Friday Agreement in 1998. The third and final section will evaluate the use of BCD in both cases and convey some lessons for policymakers. This essay argues that whilst BCD can be helpful in facilitating a peace process, it can be damaging if it is not managed with front channel diplomacy (FCD).
Whenever world politics is mentioned, the state that appears to be at the apex of affairs is the United States of America, although some will argue that it isn’t. It is paramount we know that the international system is shaped by certain defining events that has lead to some significant changes, particularly those connected with different chapters of violence. Certainly, the world wars of the twentieth century and the more recent war on terror must be included as defining moments. The warning of brute force on a potentially large scale also highlights the vigorousness of the cold war period, which dominated world politics within an interval of four decades. The practice of international relations (IR) was introduced out of a need to discuss the causes of war and the different conditions for calm in the wake of the first world war, and it is relevant we know that this has remained a crucial focus ever since. However, violence is not the only factor capable of causing interruption in the international system. Economic elements also have a remarkable impact. The great depression that happened in the 1920s, and the global financial crises of the contemporary period can be used as examples. Another concurrent problem concerns the environment, with the human climate being one among different number of important concerns for the continuing future of humankind and the planet in general.