Diplomatic Interference and the Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902783
Total Pages : 491 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Diplomatic Interference and the Law by : Paul Behrens

Download or read book Diplomatic Interference and the Law written by Paul Behrens and published by Bloomsbury Publishing. This book was released on 2016-05-05 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diplomatic interference carries considerable potential for disruption. In this context, diplomats have been accused of insulting behaviour, the funding of political parties, incitement to terrorism and even attempts to topple the host government. Reactions can be harsh: expulsions are common and, occasionally, diplomatic relations are severed altogether. But an evaluation under international law faces challenges. Often enough, charges of interference are made when legitimate interests are involved – for instance, when diplomats criticise the human rights record of their hosts. In such cases, diplomats may be able to invoke grounds which are recognised under international law. On the basis of more than 300 cases of alleged diplomatic interference and the practice of about 100 States and territories, Diplomatic Interference and the Law provides an examination of the main areas in which charges of meddling have arisen – such as lobbying activities, contacts with the opposition, propaganda, the use of threats and insults and the granting of asylum. It analyses situations in which the sovereignty of the receiving State meets competing interests and offers solutions which avoid a conflict of norms. It concludes with useful advice for foreign offices and diplomatic agents and underlines the most efficient ways of dealing with situations of alleged interference. ''A book that is here to stay! It is essential reading for diplomats, academics, journalists, students and everyone who has an interest in international law and justice. Based on rigorous research, Paul Behrens' book offers new and thoughtful perspectives on the Vienna Convention on Diplomatic Relations which we drafted in 1961. It demonstrates just how important it is to have a lawyer of his impartiality and integrity if we want to reach peaceful and lasting solutions in international relations. Diplomatic Interference and the Law has the makings of an instant classic, and I have no doubt that it will pave the way for the sorely needed reform of diplomatic law.'' Dr Nelson Iriñiz Casás, Vice President of the Committee of the Whole of the Vienna Conference on Diplomatic Relations in 1961; former Head of the diplomatic missions of Uruguay to Austria, Czechoslovakia, Hong Kong, Denmark and Sweden; author of Corrupción en la ONU. ''Dr Behrens's book rigorously analyses the legal doctrine of non-interference by diplomats in their hosts' internal affairs, and how it may conflict with legal obligations to combat, for example, denial of self-determination and breaches of human rights. Exhaustively researched and in accessible language, with copious, often entertaining examples, it will be an indispensable guide for diplomats. "Behrens on diplomatic interference" will be cited as the definitive authority on the matter for the foreseeable future. I recommend this book to diplomats, lawyers and the general reader: they will all read and refer to it with profit and immense pleasure.'' Sir Brian Barder KCMG, BA (Cantab.), is a former British ambassador to Ethiopia, Bénin and Poland and High Commissioner to Nigeria and Australia. ''Paul Behrens' book breaks new ground. It is the first study to focus on the vexed question of diplomatic 'meddling' in the domestic affairs of the receiving State. It has heightened topicality as many Western governments in their concern to promote human rights and democracy urge their diplomats to be active in their support of civil society, particularly in countries with authoritarian governments. This book is replete with case studies covering the 50 years since the signature of the Vienna Convention and provides an invaluable pathway through this legal minefield.'' Sir Ivor Roberts KCMG FCIL, President of Trinity College, Oxford; Former British Ambassador to Yugoslavia, Ireland and Italy

Diplomatic Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 019100913X
Total Pages : 560 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Diplomatic Law by : Eileen Denza

Download or read book Diplomatic Law written by Eileen Denza and published by Oxford University Press. This book was released on 2016-01-14 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.

Diplomatic Law in a New Millennium

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Publisher : Oxford University Press
ISBN 13 : 0192515675
Total Pages : 448 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Diplomatic Law in a New Millennium by : Paul Behrens

Download or read book Diplomatic Law in a New Millennium written by Paul Behrens and published by Oxford University Press. This book was released on 2017-08-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The granting of diplomatic asylum to Julian Assange, the dangers faced by diplomats in troublespots around the world, WikiLeaks and the publication of thousands of embassy cable - situations like these place diplomatic agents and diplomatic law at the very centre of contemporary debate on current affairs. Diplomatic Law in a New Millennium brings together 20 experts to provide insight into some of the most controversial and important matters which characterise modern diplomatic law. They include diplomatic asylum, the treatment (and rights) of domestic staff of diplomatic agents, the inviolability of correspondence, of the diplomatic bag and of the diplomatic mission, the immunity to be given to members of the diplomatic family, diplomatic duties (including the duty of non-interference), but also the rise of diplomatic actors which are not sent by States (including members of the EU diplomatic service). This book explores these matters in a critical, yet accessible manner, and is therefore an invaluable resource for practitioners, scholars and students with an interest in diplomatic relations. The authors of the book include some of the leading authorities on diplomatic law (including a delegate to the 1961 conference which codified modern diplomatic law) as well as serving and former members of the diplomatic corps.

International Law: A Very Short Introduction

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Publisher : OUP Oxford
ISBN 13 : 0191576204
Total Pages : 144 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis International Law: A Very Short Introduction by : Vaughan Lowe

Download or read book International Law: A Very Short Introduction written by Vaughan Lowe and published by OUP Oxford. This book was released on 2015-11-26 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Diplomacy In A Dangerous World

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Author :
Publisher : Westview Press
ISBN 13 :
Total Pages : 318 pages
Book Rating : 4.X/5 (1 download)

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Book Synopsis Diplomacy In A Dangerous World by : Natalie K Hevener

Download or read book Diplomacy In A Dangerous World written by Natalie K Hevener and published by Westview Press. This book was released on 1986-03-20 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Cambridge Handbook of Immunities and International Law

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Publisher : Cambridge University Press
ISBN 13 : 110828499X
Total Pages : pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis The Cambridge Handbook of Immunities and International Law by : Tom Ruys

Download or read book The Cambridge Handbook of Immunities and International Law written by Tom Ruys and published by Cambridge University Press. This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.

Diplomacy: A Very Short Introduction

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Publisher : Oxford University Press
ISBN 13 : 0199588503
Total Pages : 161 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Diplomacy: A Very Short Introduction by : Joseph M. Siracusa

Download or read book Diplomacy: A Very Short Introduction written by Joseph M. Siracusa and published by Oxford University Press. This book was released on 2010-08-26 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diplomacy means different things to different people, the definitions ranging from the elegant ("the management of relations between independent states by the process of negotiations") to the jocular ("the art of saying 'nice doggie' until you can find a rock"). Written by Joseph M. Siracusa, an internationally recognized expert, this lively volume introduces the subject of diplomacy from a historical perspective, providing examples from significant historical phases and episodes to illustrate the art of diplomacy in action, highlighting the milestones in its evolution. The book shows that, like war, diplomacy has been around a very long time, at least since the Bronze Age. It was primitive by today's standards, there were few rules, but it was a recognizable form of diplomacy. Since then, diplomacy has evolved greatly, to the extent that the major events of modern international diplomacy have dramatically shaped the world in which we live. Indeed, the case studies chosen here demonstrate that diplomacy was and remains a key element of statecraft, and that without skilful diplomacy political success may remain elusive.

Modern diplomatic law

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (75 download)

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Book Synopsis Modern diplomatic law by : Michael James Langley Hardy

Download or read book Modern diplomatic law written by Michael James Langley Hardy and published by . This book was released on 1968 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Mysterious and Obvious in American Diplomacy

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527556093
Total Pages : 545 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis The Mysterious and Obvious in American Diplomacy by : Insur Farkhutdinov

Download or read book The Mysterious and Obvious in American Diplomacy written by Insur Farkhutdinov and published by Cambridge Scholars Publishing. This book was released on 2020-07-09 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the origins of the idea of interference in the internal affairs of other states and preventive strike in international law, beginning with the Monroe Doctrine (1823). American diplomacy has not changed in principle in the last two centuries, and is still based on the Monroe doctrine. This is proven here through the study of the foreign policy of the vast majority of US presidents, from Monroe to Trump. As the book shows, one of the main tools of American domination throughout the world in the second half of the 20th century and the beginning of the 21st is the doctrine of the preventive strike and interference in the affairs of other states.

Election Interference

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Publisher : Cambridge University Press
ISBN 13 : 1108861326
Total Pages : 233 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Election Interference by : Jens David Ohlin

Download or read book Election Interference written by Jens David Ohlin and published by Cambridge University Press. This book was released on 2020-07-16 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Russian interference in the 2016 US presidential election produced the biggest political scandal in a generation, marking the beginning of an ongoing attack on democracy. In the run-up to the 2020 election, Russia was found to have engaged in more “information operations,” a practice that has been increasingly adopted by other countries. In Election Interference, Jens David Ohlin makes the case that these operations violate international law, not as a cyberwar or a violation of sovereignty, but as a profound assault on democratic values protected by the international legal order under the rubric of self-determination. He argues that, in order to confront this new threat to democracy, countries must prohibit outsiders from participating in elections, enhance transparency on social media platforms, and punish domestic actors who solicit foreign interference. This important book should be read by anyone interested in protecting election integrity in our age of social media disinformation.

United Nations Yearbook of the International Law Commission

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (452 download)

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Book Synopsis United Nations Yearbook of the International Law Commission by : United Nations. International Law Commission

Download or read book United Nations Yearbook of the International Law Commission written by United Nations. International Law Commission and published by . This book was released on 1956 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Eu Diplomatic Law

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Publisher : Oxford University Press
ISBN 13 : 0192844555
Total Pages : 401 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Eu Diplomatic Law by : Sanderijn Duquet

Download or read book Eu Diplomatic Law written by Sanderijn Duquet and published by Oxford University Press. This book was released on 2022-10-28 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Diplomatic Law provides a thorough analysis of the interactions between the European Union (EU) and international diplomatic and consular law. Over the past six decades, the EU has been granted unique powers that enable it to act prominently on the international plane, thereby developing a worldwide bilateral and multilateral diplomatic network. Much like the States, the EU sends ambassadors to all corners of the world and accredits permanent missions at its Brussels' headquarters. These developments shake the foundations of diplomatic and consular law, as these branches of international law are based on the principles of state sovereignty, non-interference, and reciprocity. Traditional conceptions of international law only allow states to perform diplomatic and consular functions, leaving little room for non-state entities such as the EU. Sanderijn Duquet addresses this fundamental problem by re-visiting the foundations of diplomatic and consular law, as well as analysing EU practice in initiating, conducting, and terminating diplomatic and consular relations. In particular, she focuses on: the scope of EU diplomatic and consular powers, especially in relationship to its member states; its application of the Vienna Conventions and customary international law; the EU's use of creative legal techniques; the diplomatic and consular protection of EU citizens; questions of protocol and precedence; and the legal status of the EU's diplomatic staff and premises abroad. By critically analysing these issues, this book assesses the specific contribution the EU makes to the shaping of diplomatic and consular law.

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

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Publisher : Cambridge University Press
ISBN 13 : 1316828646
Total Pages : 641 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations by : Michael N. Schmitt

Download or read book Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations written by Michael N. Schmitt and published by Cambridge University Press. This book was released on 2017-02-02 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

Diplomatic Interventions

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Publisher : Springer
ISBN 13 : 0230509916
Total Pages : 221 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis Diplomatic Interventions by : K. Fierke

Download or read book Diplomatic Interventions written by K. Fierke and published by Springer. This book was released on 2005-04-22 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diplomatic Interventions argues that war is a social construction. In so doing, it unsettles the definition of intervention, as a coercive interference by one state in the affairs of another, to examine the range of communicative or 'diplomatic' practices which through their presence modify the experience of war. The tension between claims that war is pervasive and that war is a social construct is analysed in relation to a range of moral, legal, military, economic, cultural, and therapeutic interventions. The concluding chapter highlights how the book itself is a critical intervention that requires us look at again from a new angle at international practice.

The Calvo Clause

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Publisher :
ISBN 13 :
Total Pages : 348 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Calvo Clause by : Donald Richard Shea

Download or read book The Calvo Clause written by Donald Richard Shea and published by . This book was released on 1955 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Calvo Clause was first published in 1955. The Calvo Clause and the Calvo Doctrine from which it stems concern a controversial issue in Latin American relations. This account, therefore, is of particular significance to diplomatic personnel, political scientists, students of Latin American history, and specialists in international law. Businesspeople conducting enterprises in Latin American countries will find the book of practical value. The Calvo Doctrine is based on the theories of Carlos Calvo, a nineteenth-century Argentinian, who sought to establish the principles that sovereign states enjoy the right to freedom from interference by other states and that aliens are not entitled to rights or privileges not accorded to nationals, and that they may therefore seek redress for grievances only from local authorities. Although Calvo's concepts failed to win acceptance by international lawyers in the United States or Europe, they were enthusiastically received in Latin America. Many contracts executed in Latin American countries with aliens contain the Calvo Clause, binding the alien to local redress and obliging him or her to forgo the right of appeal for diplomatic protection in case of dispute arising from the contractual relationship. Professor Shea outlines the origins of the Calvo Clause, presents the attitudes of the various governments, discusses the views aired at inter-American conferences, presents the legal issues, analyzes in detail the arbitral decisions, and predicts future developments. He is the first writer on the subject who makes full use of source materials in Spanish as well as in English, thus presenting both United States and Latin American viewpoints.

Diplomatic Law in a New Millennium

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198795947
Total Pages : 433 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Diplomatic Law in a New Millennium by : Paul Behrens

Download or read book Diplomatic Law in a New Millennium written by Paul Behrens and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diplomatic Law in a New Millennium provides a critical examination of the principal fields of contemporary diplomatic law including: diplomatic asylum, immunities, and diplomatic actors not sent by states. The book brings together serving and former diplomats as well as academic experts

Customary International Humanitarian Law

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Publisher : Cambridge University Press
ISBN 13 : 0521808995
Total Pages : 610 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.