Diplomatic Law In A New Millennium

"'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 text brings together serving and former diplomats as well as academic experts."--Résumé de l'éditeur.

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

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.

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

In the freshest new international law text in 20 years, Christopher C. Joyner offers a critical assessment of international legal rules in the early 21st century as they are applied by governments to the real world. Looking at concepts and principles, processes and critical problems, Joyner steers clear of an old-time case method approach, preferring to treat issues thematically. He shows the challenges of international law in terms of peace, security, human rights, the environment, and economic justice. Particular features of the book include engaging vignettes, clearly defined key terms, and special coverage of emerging topics including common spaces; international criminal law; rules, norms, and regimes; and trade relations and commercial exchange. Through it all, Joyner maintains an intent focus on the role of the individual in the evolving international legal order.

The errors - military, political, and not least diplomatic - in the continuing unfolding of the Yugoslav tragedy over the decade since the Fall of the Berlin Wall and the final ending of the Cold War, offer certain lessons. It had been confidently predicted that the complex, multi-national Yugoslav state created by the World War I victors at Versailles in 1919, and continued by the post-World War II peace settlements, would not long survive Marshal Tito's death. As it happened, when the moment of truth arrived the concert of Western European powers had no clear and coherent plans ready for a rational brokering of the resulting problems of State Succession, including renewed federal or confederal structures, and peaceful and orderly transfer and relocation of civil populations if fragmentation and independence were to be the immediate policy options. The rush to a 'premature' State Recognition by one or more leading Western European political players, without having any congress of Berlin-style game-plan ready to guide and direct this, may have triggered the on-rush of political and military events that led, in quick succession, to the Bosnian and then the Kosovo tragedies of the 1990s. The author, currently President of the "Institut de Droit" "International" and a jurisconsult and advisor, over the years, to international and national governmental authorities, examines consequences and challenges for International Law and Law-making, as we enter the new Millennium. Taking note of the antinomies and contradictions inherent in Classical International Law Categories like Territorial Integrity and the Self-determination of Peoples, the Non-Use-of-Force and Collective (regional)Self-Defence, the author considers, in particular, the direct conflict, in the case of both Bosnia and Kosovo, between the United Nations Charter principle of Non-Intervention and the claimed 'New' International Law principle of Humanitarian Intervention. The legally permissible modalities and structures and processes for exercise of Humanitarian Intervention, in accord with the United Nations Charter and also general International Law, are canvassed and weighed.

Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.

Three years ago the Faculty of Law and Administration of the University of Silesia and the Faculty of Law of the University of Leicester embarked on a joint research and academic co-operation programme with the support of the British Council in Warsaw. The programme resulted in the organisation of two academic conferences, one in Leicester and one in Katowice. This book is the tangible result of these conferences. The content of the book reflects the wide-ranging nature of the collaboration between the two Faculties. Environmental law, public international law, intellectual and cultural property law are the main areas that are covered, but certain issues of constitutional law, European law, social law, company law and legal education are also addressed. The main strength of this book is found in its breadth of coverage and the detailed examination of key issues such as the rights of minorities; the transboundary movement of waste in Europe and the environmental problems which it creates; the theft and illegal exportation of cultural property; and the convergence of the droit d'auteur and copyright traditions.